Printable PDF verion - Writers Guild of Canada

Printable PDF verion - Writers Guild of Canada Printable PDF verion - Writers Guild of Canada

12.07.2015 Views

emain responsible for all obligations for credit accorded to the Writer, andshall be liable for any breach of the contract with the Writer or thisAgreement arising out of any breach of Article A9 credit provisions,including breaches by a third party with whom it has signed a contract fordistribution or sale.INADVERTENT BREACH OF ARTICLE A9A946 No inadvertent breach of the terms of Article 9 shall be deemed a breach ofArticle 9 by the Producer, provided that the Producer will endeavor toprevent any further breach after the receipt of written notice specifyingdetails of the alleged breach.A947 Should the Producer fail to provide the credits on the Production as requiredabove, the Producer agrees to the following remedy:a) to correct the omission prior to public showing where practicable; orb) if correction as in a) above is not practicable, to fulfill the intent ofthe provisions for credit by inserting in appropriate daily and/or trade papersannouncements for the sole purpose of identifying the Writer whose credithas been omitted. The specific periodicals and the size and content of theannouncements will be the subject of negotiation between the Producer, therelevant Association and the Guild. The cost of these advertisements willbe borne by the Producer.PRODUCTION CREDITSA948 References contained herein to the credit accorded to the director of theprogram are limited to the director’s credit as director and do not extend toany “production” or “presentation” credit accorded to the director.A949 The Producer shall use best efforts to include the Guild logo on the creditroll. The Guild shall provide the Producer with the appropriate artwork inadequate time to facilitate the inclusion of the Guild logo.ARTICLE A10 – SECURITY FOR PAYMENTA1001 The Guild is entitled to require a Producer to post, no earlier than thirty(30) days before the commencement of principal photography, security forpayment sufficient to cover: a) the Production Fee, and b) insurance and42

etirement payments required under this Agreement. The said securityshall take the form of a cash deposit to be held in trust by the Guild, in aninterest-bearing account, and all the accrued interest shall be the propertyof the Producer. At the Producer’s election, the security for payment maytake the form of one or more irrevocable letters of credit in favour of theGuild, drawn on a Canadian chartered bank. The face of the letter of creditshall specify that:i) the Guild shall be entitled, upon written notice to the Producer, todraw down on the letter of credit. The letter shall stipulate the amountclaimed and that such amount is due to the Guild as a result of defaultby the Producer of its payment obligations as specified in theAgreement;ii)the said letter of credit shall have a term commencing not sooner thanthirty (30) days prior to the commencement of principal photographyand terminating at a mutually agreed date after the completion ofprincipal photography;iii) in the event of a dispute involving outstanding payments due underthe Agreement, the Producer agrees to reissue a letter of credit or topost a bond in an amount equal to those amounts in dispute for aslong as those amounts remain in dispute; andiv)when a bona fide dispute arises, all remedies and recourses providedby this Agreement shall be exhausted, or an Arbitrator shall rule infavor of the Writer prior to any disbursement from the SecurityPayment.A1002 The provisions of A1001 (iii) and (iv) shall apply equally to a bond.A1003 Notwithstanding Article A1001, an Established Producer as defined hereinshall not be required to post as security a cash deposit, letter of credit orbond, but shall instead be entitled to provide to the Guild a corporateguarantee in the form provided in Appendix V.A1004 An Established Producer shall mean a Producer:43

emain responsible for all obligations for credit accorded to the Writer, andshall be liable for any breach <strong>of</strong> the contract with the Writer or thisAgreement arising out <strong>of</strong> any breach <strong>of</strong> Article A9 credit provisions,including breaches by a third party with whom it has signed a contract fordistribution or sale.INADVERTENT BREACH OF ARTICLE A9A946 No inadvertent breach <strong>of</strong> the terms <strong>of</strong> Article 9 shall be deemed a breach <strong>of</strong>Article 9 by the Producer, provided that the Producer will endeavor toprevent any further breach after the receipt <strong>of</strong> written notice specifyingdetails <strong>of</strong> the alleged breach.A947 Should the Producer fail to provide the credits on the Production as requiredabove, the Producer agrees to the following remedy:a) to correct the omission prior to public showing where practicable; orb) if correction as in a) above is not practicable, to fulfill the intent <strong>of</strong>the provisions for credit by inserting in appropriate daily and/or trade papersannouncements for the sole purpose <strong>of</strong> identifying the Writer whose credithas been omitted. The specific periodicals and the size and content <strong>of</strong> theannouncements will be the subject <strong>of</strong> negotiation between the Producer, therelevant Association and the <strong>Guild</strong>. The cost <strong>of</strong> these advertisements willbe borne by the Producer.PRODUCTION CREDITSA948 References contained herein to the credit accorded to the director <strong>of</strong> theprogram are limited to the director’s credit as director and do not extend toany “production” or “presentation” credit accorded to the director.A949 The Producer shall use best efforts to include the <strong>Guild</strong> logo on the creditroll. The <strong>Guild</strong> shall provide the Producer with the appropriate artwork inadequate time to facilitate the inclusion <strong>of</strong> the <strong>Guild</strong> logo.ARTICLE A10 – SECURITY FOR PAYMENTA1001 The <strong>Guild</strong> is entitled to require a Producer to post, no earlier than thirty(30) days before the commencement <strong>of</strong> principal photography, security forpayment sufficient to cover: a) the Production Fee, and b) insurance and42

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