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

A1113payments to which the Writer or Writers are or were entitled exceed theaggregate payment made to the Writer(s) by an amount which is in excessof five percent (5%) of the aggregate payments made, the Producer shallpay to the Guild its audit costs but not less than $100, nor more than anamount equal to twice the discrepancy.Purchaser’s Assumption Agreementa) If the Producer sells, assigns, or otherwise disposes of any productionproduced under this Agreement, or any rights thereto, except fordistribution rights (in which case Article A1114 shall apply) theProducer shall not be relieved of any of its obligations for paymentsdue or reporting required under this Agreement, unless the third partyto whom the said property or rights have been sold, assigned orotherwise disposed of (the Purchaser) assumes the obligations for suchpayments and reporting under this Agreement by the AssumptionAgreement in the form contained in Appendix I, and the Guildapproves the assumption in writing. Such approval shall not beunreasonably withheld.b) If the producer sells, assigns or otherwise disposes of rights licensedunder this Agreement in Script Material which has not been produced,the Producer shall not be relieved of any obligations under thisAgreement unless the third party to whom the rights licensed have beensold, assigned or otherwise disposed of (the Purchaser) assumes theobligations for such payments and reporting by Assumption Agreementin the form contained in Appendix J, and the Guild approves theassumption in writing. Such approval shall not be unreasonablywithheld.c) Upon seeking the approval of the Guild upon a sale, assignment or otherdisposition as provided for herein, the Producer shall provide to theGuild such information and material pertaining to the Purchaser as theGuild may reasonably require, including but not limited to, thefinancial status of the Purchaser, the individual principals and/ordirectors of the Purchaser, and the terms and conditions of the PurchaseAgreement.50

A1114Distributor’s Assumption Agreementa) If the Producer, its successors and assigns, licences, sells, disposes orotherwise conveys any distribution rights in a program produced underthis Agreement, the Producer shall use its best efforts to obtain anexecuted Distributor’s Assumption Agreement. In respect of anyoutright sale or conveyance hereunder, (i.e. a disposition, the terms ofwhich, do not include a requirement to report revenue to a Producer) afully-executed Distributor’s Assumption Agreement with theapplicable Distributor(s) is a condition precedent to such sale orconveyance. The Distributor’s Assumption Agreement shall be in theform attached as Appendix H.b) Upon seeking the approval of the Guild to an assignment, licence, sale,disposition of conveyance of distribution rights, the Producer shall alsoprovide to the Guild such information and material pertaining to theDistributor, as the Guild may reasonably require, including but notlimited to, the financial status, the individual principals and directors ofthe Distributor, and the conditions of the agreement which licenses,sells, disposes or otherwise conveys the applicable distribution rights.c) The Producer shall not be relieved of any of its obligations forpayments due under the Agreement, unless the distributor to whom thedistribution rights have been licensed, sold, assigned, or otherwisedisposed of (the Distributor) assumes the obligations for such paymentsby a Distributor’s Assumption Agreement in the form contained inAppendix H, and the Guild approves the assumption in writing. TheGuild’s approval shall not be unreasonably withheld.ARTICLE A12 – ADMINISTRATION FEEA1201 The Producer shall assist in defraying the cost of administering the termsof this Agreement by paying as an administration fee the followingpercentage of Gross Fees:i) If the Producer is a Member in Good Standing of the CMPA as of thedate of the remittance of the fee, (which membership in good standingshall be confirmed by the CMPA by written notice), 2% to a maximumof $1,000 per production or episode to the Guild, and 2.75% to amaximum of $3,000 per production (Feature Film, Television Movie,51

A1113payments to which the Writer or <strong>Writers</strong> are or were entitled exceed theaggregate payment made to the Writer(s) by an amount which is in excess<strong>of</strong> five percent (5%) <strong>of</strong> the aggregate payments made, the Producer shallpay to the <strong>Guild</strong> its audit costs but not less than $100, nor more than anamount equal to twice the discrepancy.Purchaser’s Assumption Agreementa) If the Producer sells, assigns, or otherwise disposes <strong>of</strong> any productionproduced under this Agreement, or any rights thereto, except fordistribution rights (in which case Article A1114 shall apply) theProducer shall not be relieved <strong>of</strong> any <strong>of</strong> its obligations for paymentsdue or reporting required under this Agreement, unless the third partyto whom the said property or rights have been sold, assigned orotherwise disposed <strong>of</strong> (the Purchaser) assumes the obligations for suchpayments and reporting under this Agreement by the AssumptionAgreement in the form contained in Appendix I, and the <strong>Guild</strong>approves the assumption in writing. Such approval shall not beunreasonably withheld.b) If the producer sells, assigns or otherwise disposes <strong>of</strong> rights licensedunder this Agreement in Script Material which has not been produced,the Producer shall not be relieved <strong>of</strong> any obligations under thisAgreement unless the third party to whom the rights licensed have beensold, assigned or otherwise disposed <strong>of</strong> (the Purchaser) assumes theobligations for such payments and reporting by Assumption Agreementin the form contained in Appendix J, and the <strong>Guild</strong> approves theassumption in writing. Such approval shall not be unreasonablywithheld.c) Upon seeking the approval <strong>of</strong> the <strong>Guild</strong> upon a sale, assignment or otherdisposition as provided for herein, the Producer shall provide to the<strong>Guild</strong> such information and material pertaining to the Purchaser as the<strong>Guild</strong> may reasonably require, including but not limited to, thefinancial status <strong>of</strong> the Purchaser, the individual principals and/ordirectors <strong>of</strong> the Purchaser, and the terms and conditions <strong>of</strong> the PurchaseAgreement.50

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