Agreements and Data. On a semi-annual basis commencing in the first calendar quarter after notice of ratification, within ten (10) business days after such request, the Producer shall provide for inspection by the Federation’s designated employee or auditor, at Producer’s premises in Los Angeles, full access (full access includes access to all agreements, notwithstanding any confidentiality clause contained therein, and access to all side letters, exhibits, addenda, and other ancillary documents) to all unredacted license, distribution, and other agreements pertaining to new media exploitation of covered programs that were entered into during the immediately preceding inspection period. (In the initial quarter, the Producer shall also provide the Federation with access to all said agreements that were entered into between January 1, 2012, and December 31, 2012). In any subsequent semi- annual inspection, the Federation’s designated employee or auditor may re-inspect any agreements previously inspected and inspect any agreements not previously inspected. Upon request, in a manner to be mutually agreed upon in good faith, the Producer shall expeditiously provide, or make available, to the Federation data in its possession or control, or the possession or control of its related distribution entities, regarding the new media exploitation of covered programs, such as number of downloads or streams by source and ad rates, where relevant to the payments required under this Side Letter.
Agreements and Data. On a quarterly basis commencing October 1, 2009, within ten (10) business days after such request, the Producer shall provide for inspection by the Guild’s designated employee(s) or auditor(s), at Producer’s premises where such data is kept, full access6 to all unredacted license, distribution, and other agreements pertaining to new media exploitation of covered pictures that were entered into during the immediately preceding quarter.7 In any subsequent quarterly inspection, the Guild’s designated employee(s) or auditor(s) may re-inspect any agreements previously inspected and inspect any agreements not previously inspected. Upon request, in a manner to be mutually agreed upon in good faith, the Producer shall expeditiously provide, or make available, to the Guild data in its possession or control, or the possession or control of its related distribution entities, regarding the new media exploitation of covered pictures, such as number of downloads or streams by source and ad rates.
Agreements and Data. On a quarterly basis commencing March 31, 20113, within ten (10) business days after such request, the Producer shall provide for inspection by AFM’s designated employee or auditor and the Film Musicians Secondary Markets Fund, at Producer’s premises where such data is kept, full access to all unredacted license, distribution, and other agreements pertaining to New Media exploitation of covered programs that were entered into during the immediately preceding quarter4. In any subsequent quarterly inspection, the AFM’s and the Film Musicians Secondary Markets Fund’s designated employee or auditor may re-inspect any agreements previously inspected and inspect any agreements not previously inspected. Upon request, in a manner to be mutually agreed upon in good faith, the Producer shall expeditiously provide, or make available, to AFM and the Film Musicians Secondary Markets Fund data in its possession or control, or the possession or control of its related distribution entities, regarding the New Media exploitation of covered programs, such as number of downloads or streams by source and ad rates.
Agreements and Data. “On an semi-annual basis, within ten (10) business thirty (30) calendar days after such request, the Company shall provide for inspection by the Guild’s designated employee(s) or auditor(s), at Company’s premises in the greater Los Angeles area, full access6 to all unredacted license, distribution, and other agreements pertaining to new media exploitation of covered pictures that were entered into during the immediately preceding inspection period. Alternatively, the Company may elect to provide the Guild with such access remotely over the internet, such as through a secured link or digital locker. In any subsequent semi-annual inspection, the 6 “Full access includes access to all agreements, notwithstanding any confidentiality clause contained therein, and access to all sideletters, exhibits, addenda and other ancillary documents.” Guild’s designated employee(s) or auditor(s) may re-inspect any agreements previously inspected and inspect any agreements not previously inspected. “Upon request, in a manner to be mutually agreed upon in good faith, the Company shall expeditiously provide or make available to the Guild data in its possession or control or the possession or control of its related distribution entities regarding the new media exploitation of covered pictures, such as number of downloads or streams by source and ad rates. “This Paragraph 3.b. shall not apply to agreements concerning a multichannel video programming distributor (‘MVPD’) (or any similar service that currently exists or may hereafter be developed) or any video-on-demand service of an MVPD or any similar service that currently exists or may hereafter be developed.” Make conforming changes as needed.
