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Agreement - Writers Guild of Canada

Agreement - Writers Guild of Canada

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) The Producer warrants that, to the best <strong>of</strong> the Producer’s knowledge,<br />

information and belief, any material supplied to the Writer by the<br />

Producer for the Writer or Story Editor to incorporate in the Script<br />

Materials to be provided by the Writer or Story Editor hereunder:<br />

i) do not infringe the copyright <strong>of</strong> any person;<br />

ii) do not defame any person; and<br />

iii) do not invade the right to privacy <strong>of</strong> any person;<br />

and covenants that no Script Material supplied by the Writer or Story<br />

Editor to the Producer shall be used by, or with the approval <strong>of</strong>, the<br />

Producer in such a manner as to defame any person or to invade the right<br />

to privacy <strong>of</strong> any person or to violate the provisions <strong>of</strong> the Criminal<br />

Code <strong>of</strong> <strong>Canada</strong> in with respect to child pornography, or obscenity or<br />

any like <strong>of</strong>fenses.<br />

c) The Writer or Story Editor indemnifies the Producer against all damages<br />

and costs (including reasonable legal fees) resulting from any breach <strong>of</strong><br />

the Writer’s or Story Editor’s warranty, as evidenced by a final decision<br />

<strong>of</strong> a tribunal or a court <strong>of</strong> competent jurisdiction, or any settlement to<br />

which the Writer or Story Editor has consented in writing.<br />

d) The Producer indemnifies the Writer or Story Editor, his/her heirs,<br />

administrators, executors and successors against all damages and costs<br />

(including reasonable legal fees) in with respect to any claim, action or<br />

proceeding to which the Writer or Story Editor is made a party by reason<br />

<strong>of</strong> having created or supplied Script Materials under this the individual<br />

contract between the Writer or Story Editor and the Producer, including,<br />

but not limited to, any claim arising out <strong>of</strong> any breach <strong>of</strong> the Producer’s<br />

warranty and covenant as set out in Article A709(b) above, as evidenced<br />

by a final decision <strong>of</strong> a tribunal or a court <strong>of</strong> competent jurisdiction, or<br />

any settlement to which the Producer has consented in writing. This<br />

indemnity shall not apply to any action or proceeding arising out <strong>of</strong> a<br />

breach <strong>of</strong> the Writer’s or Story Editor’s warranty as set out in Article<br />

A709(a) above.<br />

e) Either party upon receipt <strong>of</strong> notice <strong>of</strong> any claim as a result <strong>of</strong> which the<br />

other party’s indemnity might be invoked, shall promptly notify the other<br />

<strong>of</strong> such claim giving the other party full details there<strong>of</strong> including copies<br />

<strong>of</strong> all documents received in connection therewith. The existence <strong>of</strong> any<br />

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