Printable PDF verion - Writers Guild of Canada
Printable PDF verion - Writers Guild of Canada Printable PDF verion - Writers Guild of Canada
APPENDIX VCORPORATE GUARANTEEMEMORANDUM OF AGREEMENT dated this day of ,20__BETWEEN:ANDWriters Guild of Canada366 Adelaide St. W., Suite 401Toronto, OntarioM5V 1R9(hereinafter referred to as the “Guild”)*(insert name and address of Established Producer)*(hereinafter referred to as “Guarantor”)WHEREAS __________________________ (“Producer”) has acquiredcertain rights in ______________ (the Script Material”) written by___________________ (the “Writer”), and intends to produce a productionmade from the Script Material (the “Production”);AND WHEREAS the Producer has signed a Voluntary RecognitionAgreement to the Independent Production Agreement covering FreelanceWriters of Theatrical Films, Television Programs and other Productionsbetween the Canadian Media Production Association (CMPA), Associationdes Producteurs de Films et Télévision du Québec (APFTQ) and the WritersGuild of Canada (the “Guild”) November 1, 2012 to December 31, 2014(the “IPA”);AND WHEREAS pursuant to Article A10 of the IPA, the Guild is entitledto require that a Producer place security in the form of a cash deposit orletter(s) of credit, at the time, in an amount, and in the manner set out in theIPA unless a Corporate Guarantee in this form signed by an EstablishedProducer is accepted by the Guild;AND WHEREAS the Guild has accepted Guarantor as an EstablishedProducer;230
NOW THEREFORE the parties hereby agree as follows:1. In consideration of the Guild foregoing the requirement that the Producerput up a cash bond Guarantor hereby guarantees the payment of allmonies which would otherwise be secured by a cash bond pursuant toArticle A10 of the IPA, including the Production Fee, Insurance,Retirement and Administration payments related to the Production.2. If at any time, payment of any amount guaranteed herein is in default formore than fourteen (14) days, the Guild shall be entitled to deliver toGuarantor a formal demand in writing outlining the specific suminvolved and particulars of the default. On receipt of such demand,Guarantor will forthwith pay to the Guild the sum set out in such notice.If there is any dispute as to the amount owing by the Producer, orwhether any amount is owing at all, Guarantor will nevertheless pay thesum set out in such notice to the Guild in trust, and the Guild will holdsuch sum in trust in an interest bearing account. Immediately upon suchdispute being resolved, the Guild will refund to the Guarantor any sumsdetermined to be in excess of what was owing by the Producer, alongwith accrued interest.3. The Guild shall have the unilateral right to terminate this Agreement andrevert to the requirements of Article 10 of the IPA if the payment of anyamount guaranteed herein be in default for more than fourteen (14) daysafter Guarantor has been served with the demand provided in paragraph2 herein.4. Guarantor shall be released from the guarantee given herein and allobligations resulting therefrom on the sooner of:i) the full payment of all amounts guaranteed herein; orii) the full execution and approval by the Guild of any AssumptionAgreement or Rights Assumption Agreement entered into pursuant toArticle A1113 of the IPA.5. The termination of this Agreement by the Guild pursuant to paragraph 3herein shall in no way annul, terminate or otherwise affect theobligations of the Guarantor with respect to any amounts accruing prior231
- Page 186 and 187: APPENDIX C(See Article A704)IPA 201
- Page 188 and 189: -3-2. All additional terms must be
- Page 190 and 191: -2-Tentative Credit: ______________
- Page 192 and 193: APPENDIX E(See Article A707, Animat
- Page 194 and 195: B) Production personnel sharing cre
- Page 196 and 197: APPENDIX GINDEPENDENT PRODUCTION AG
- Page 198 and 199: APPENDIX GINDEPENDENT PRODUCTION AG
- Page 200 and 201: APPENDIX GINDEPENDENT PRODUCTION AG
- Page 202 and 203: in the Production to the Distributo
- Page 204 and 205: are assumed by the Distributor here
- Page 206 and 207: Dated this day of , 20__ .Purchaser
- Page 208 and 209: Dated this day of , 20__.Purchaser
- Page 210 and 211: Dated this ________ day of ________
- Page 212 and 213: APPENDIX M(See Section F)IPA 2012-2
- Page 214 and 215: -3-2. All additional terms must be
- Page 216 and 217: We hereby certify that we are/are n
- Page 218 and 219: AncillaryMaterials:________________
- Page 220 and 221: APPENDIX O(See Article E102)CORPORA
- Page 222 and 223: APPENDIX QQUEBEC APPENDIX (IPA)As t
- Page 224 and 225: A105 Subject to the provisions of A
- Page 226 and 227: conditions of Article A4 of the IPA
- Page 228 and 229: APPENDIX Q - CONT.REGULAR EMPLOYEE
- Page 230: APPENDIX RTerms Pertaining to APFTQ
- Page 234 and 235: APPENDIX T
- Page 238 and 239: to the date of such termination by
- Page 240 and 241: APPENDIX X
- Page 242 and 243: 22 Minutes X Inc.22 Minutes XI Inco
- Page 244 and 245: Big Soul Productions, Inc.Big Widge
- Page 246 and 247: Cradle Will Fall Productions Inc.Cr
- Page 248 and 249: Frantic Manitoba Productions, Inc.F
- Page 250 and 251: Johnny Test IV ProductionsJohnson P
- Page 252 and 253: Missing Productions II CorpMissing
- Page 254 and 255: Prairie Pants Productions IVPrairie
- Page 256 and 257: Shaftesbury Development Inc.Shaftes
- Page 258 and 259: Take It Personally Productions, Inc
- Page 260 and 261: Part B - List of Producers Bound by
- Page 262 and 263: Code2 Productions Inc for “Franni
- Page 264 and 265: Johnny Test Productions Inc. for Jo
- Page 266 and 267: Nelvana Ltd for the production “J
- Page 268 and 269: WRITERS GUILD OF CANADA366 Adelaide
- Page 270 and 271: Writers, Story Editors and Story Co
- Page 272 and 273: Magazine Format Program 1004(c) 141
- Page 274 and 275: definition 215 125minimum 301-303 1
- Page 276 and 277: BIBLEAnimation Bible for APFTQ memb
- Page 278 and 279: CONSULTING see STORY CONSULTANTSCON
- Page 280 and 281: extension of time to complete assig
- Page 282 and 283: Story Consultant/Story Editor A921
- Page 284 and 285: paid to Writer after termination of
NOW THEREFORE the parties hereby agree as follows:1. In consideration <strong>of</strong> the <strong>Guild</strong> foregoing the requirement that the Producerput up a cash bond Guarantor hereby guarantees the payment <strong>of</strong> allmonies which would otherwise be secured by a cash bond pursuant toArticle A10 <strong>of</strong> the IPA, including the Production Fee, Insurance,Retirement and Administration payments related to the Production.2. If at any time, payment <strong>of</strong> any amount guaranteed herein is in default formore than fourteen (14) days, the <strong>Guild</strong> shall be entitled to deliver toGuarantor a formal demand in writing outlining the specific suminvolved and particulars <strong>of</strong> the default. On receipt <strong>of</strong> such demand,Guarantor will forthwith pay to the <strong>Guild</strong> the sum set out in such notice.If there is any dispute as to the amount owing by the Producer, orwhether any amount is owing at all, Guarantor will nevertheless pay thesum set out in such notice to the <strong>Guild</strong> in trust, and the <strong>Guild</strong> will holdsuch sum in trust in an interest bearing account. Immediately upon suchdispute being resolved, the <strong>Guild</strong> will refund to the Guarantor any sumsdetermined to be in excess <strong>of</strong> what was owing by the Producer, alongwith accrued interest.3. The <strong>Guild</strong> shall have the unilateral right to terminate this Agreement andrevert to the requirements <strong>of</strong> Article 10 <strong>of</strong> the IPA if the payment <strong>of</strong> anyamount guaranteed herein be in default for more than fourteen (14) daysafter Guarantor has been served with the demand provided in paragraph2 herein.4. Guarantor shall be released from the guarantee given herein and allobligations resulting therefrom on the sooner <strong>of</strong>:i) the full payment <strong>of</strong> all amounts guaranteed herein; orii) the full execution and approval by the <strong>Guild</strong> <strong>of</strong> any AssumptionAgreement or Rights Assumption Agreement entered into pursuant toArticle A1113 <strong>of</strong> the IPA.5. The termination <strong>of</strong> this Agreement by the <strong>Guild</strong> pursuant to paragraph 3herein shall in no way annul, terminate or otherwise affect theobligations <strong>of</strong> the Guarantor with respect to any amounts accruing prior231
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