Agreement - Teamsters Local 399

each fiscal or calendar year of the Producer. Concurrently with the
furnishing of each such report, the Producer will make the payments
shown to be due by such report. All payments shall be made by check
payable to the order of and delivered to the Health Plan. Each such
quarterly statement shall designate the title of the motion picture
involved. On request, the Producer shall make available to the Health
Plan all accounting statements delivered by a distributor to the Producer,
but only insofar as such statements relate to the Producer’s gross. The
Health Plan shall have the right, at reasonable times, to examine the
books and records of Producer insofar as they relate to the Producer’s
gross. Producer shall not be required to furnish any quarterly statement
hereunder with respect to the motion picture prior to Producer’s receipt
of any Producer’s gross with respect to the motion picture, or for any
quarterly period during which no Producer’s gross from the motion
picture is received by the Producer.
(11) If the Producer shall sell, assign, transfer or otherwise
dispose of the distribution rights to such motion picture in such
Supplemental Markets, or shall license the distribution rights to the
motion picture in such Supplemental Markets, Producer shall obtain
from the buyer, licensee or distributor a separate agreement, made
expressly for the benefit of the Health Plan, requiring such buyer,
licensee or distributor to comply with the provisions of this Article 21.
Such agreement shall be in substantially the following form:
“The undersigned, ____________________________
(insert name of buyer, licensee or distributor)
herein for convenience referred to as the “Buyer,”
hereby agrees with _______________________ that all
(insert name of Producer)
motion pictures covered by this Agreement are subject
to the provisions of Article 21 of the “Producer–Studio
Transportation Drivers, Local #399 Agreement of
2012” relating to payments to the Health Plan on
release of a motion picture to Supplemental Markets
and the said Buyer hereby agrees, expressly for the
benefit of the Motion Picture Industry Health Plan
(herein referred to as the “Health Plan”) to abide by and
perform the provisions of said Basic Agreement and
make said payments required thereby. It is expressly
understood and agreed that the rights of Buyer to
exhibit or license the exhibition of such motion picture
in such Supplemental Markets shall be subject to and
conditioned upon the payment to the Health Plan, as
provided in Article 21 of said Agreement, and it is
agreed that said Health Plan shall be entitled to
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