Common use of Budget Allowances Clause in Contracts

Budget Allowances. 5.7.1 Producer hereby agrees that, except with Completion Guarantor's prior written approval, the following items shall be contracted within the respective aggregate allowance allocated therefor in the Budget and, where applicable, in accordance with the other Production Elements, and Specifications: (a) the cost of licensing or otherwise acquiring all rights to the story, scenario, Screenplay, including all drafts thereof and revisions thereto, and any other underlying rights in the Film legally required for Production and Delivery; (b) the compensation payable to each Key Cast and Key Crew member and all other personnel whatsoever engaged on the Film including any entertainment, travel, accommodation and subsistence expenses and other perquisites payable or reimbursable thereto; (c) the cost of licensing or otherwise acquiring all rights, licenses and clearances of any Pre-Existing Material for use in the Film; (d) the cost of producing or acquiring special effects, opticals, CGI effects and other visual effects services; (e) the cost of advertising, marketing, promotion and publicity including for previewing and research screenings; (f) insurance premiums; (g) the fees and expenses of attorneys, accountants, auditors and other professional advisors, consultants, representatives or agents of Producer (except in connection with an Arbitration); and (h) the fees, expenses and charges payable to any lender, investor or financier of the Film including any Beneficiary. 5.7.2 If Producer contracts, without Completion Guarantor's prior written approval, for any of the foregoing items in a manner not strictly within the respective aggregate allowance allocated therefor in the Budget (other than line item reallocations as permitted herein) or not adhering to the other Production Elements or Specifications, then Producer shall cause the funds needed to cover any such excess costs to be immediately deposited into the Production Account from sources other than Completion Guarantor. 5.7.3 Unless directed to undertake such action or activity by Completion Guarantor, Producer shall be responsible to pay any cost, expense, loss, or damage due to any (a) strike, lockout, boycott, voluntary or forced unionization or attempted or threatened unionization or other labor disturbance affecting, hindering, impairing, delaying or preventing Production and Delivery, including, without limitation, any failure to recognize the authority or jurisdiction of any Guild or any withdrawal of cast or crew members in accordance with demands or work stoppages; (b) actions or demands of any Guild; (c) any failure by any person to timely execute and deliver to any Guild any security, subordination or other agreement, in form and substance satisfactory to such Guild, and to satisfy all other undertakings required by such Guild as a condition to its members being permitted to render services in connection with the Film; (d) failure to satisfy the financial assurance requirements of any Guild prior to commencement of principal photography;

Budget Allowances. 5.7.1 Producer hereby xxxxxx agrees that, except with Completion Guarantor's prior written approval, the following items shall be contracted within the respective aggregate allowance allocated therefor in the Budget and, where applicable, in accordance with the other Production Elements, and Specifications: (a) the cost of licensing or otherwise acquiring all rights to the story, scenario, Screenplay, including all drafts thereof and revisions thereto, and any other underlying rights in the Film legally required for Production and Delivery; (b) the compensation payable to each Key Cast and Key Crew member and all other personnel whatsoever engaged on the Film including any entertainment, travel, accommodation and subsistence expenses and other perquisites payable or reimbursable thereto; (c) the cost of licensing or otherwise acquiring all rights, licenses and clearances of any Pre-Existing Material for use in the Film; (d) the cost of producing or acquiring special effects, opticals, CGI effects and other visual effects services; (e) the cost of advertising, marketing, promotion and publicity including for previewing and research screenings; (f) insurance premiums; (g) the fees and expenses of attorneys, accountants, auditors and other professional advisors, consultants, representatives or agents of Producer (except in connection with an Arbitration); and (h) the fees, expenses and charges payable to any lender, investor or financier of the Film including any Beneficiary. 5.7.2 If Producer contracts, without Completion Guarantor's prior written approval, for any of the foregoing items in a manner not strictly within the respective aggregate allowance allocated therefor in the Budget (other than line item reallocations as permitted herein) or not adhering to the other Production Elements or Specifications, then Producer shall cause the funds needed to cover any such excess costs to be immediately deposited into the Production Account from sources other than Completion Guarantor. 5.7.3 Unless directed to undertake such action or activity by Completion Guarantor, Producer shall be responsible to pay any cost, expense, loss, or damage due to any (a) strike, lockout, boycott, voluntary or forced unionization or attempted or threatened unionization or other labor disturbance affecting, hindering, impairing, delaying or preventing Production and Delivery, including, without limitation, any failure to recognize the authority or jurisdiction of any Guild or any withdrawal of cast or crew members in accordance with demands or work stoppages; (b) actions or demands of any Guild; (c) any failure by any person to timely execute and deliver to any Guild any security, subordination or other agreement, in form and substance satisfactory to such Guild, and to satisfy all other undertakings required by such Guild as a condition to its members being permitted to render services in connection with the Film; (d) failure to satisfy the financial assurance requirements of any Guild prior to commencement of principal photography;; or (e) Guild levying additional payments, including fringes, surcharges or penalties as a result of any violation of, or as necessary to be in full compliance with, the applicable governing rules or regulations of such Guild, as determined by Completion Guarantor in its good faith business judgment. Without limiting its rights or remedies hereunder, Completion Guarantor shall have the right to withhold payment from Producer’s fee to cover any such cost, expense, loss, or damage.

Budget Allowances. 5.7.1 Producer hereby agrees that, except with Completion Guarantor's prior written approval, the following items shall be contracted within the respective aggregate allowance allocated therefor in the Budget and, where applicable, in accordance with the other Production Elements, and Specifications: (a) the cost of licensing or otherwise acquiring all rights to the story, scenario, Screenplay, including all drafts thereof and revisions thereto, and any other underlying rights in the Film legally required for Production and Delivery; (b) the compensation payable to each Key Cast and Key Crew member and all other personnel whatsoever engaged on the Film including any entertainment, travel, accommodation and subsistence expenses and other perquisites payable or reimbursable thereto; (c) the cost of licensing or otherwise acquiring all rights, licenses and clearances of any Pre-Existing Material for use in the Film; (d) the cost of producing or acquiring special effects, opticals, CGI effects and other visual effects services; (e) the cost of advertising, marketing, promotion and publicity including for previewing and research screenings; (f) insurance premiums; (g) the fees and expenses of attorneys, accountants, auditors and other professional advisors, consultants, representatives or agents of Producer (except in connection with an Arbitration); and (h) the fees, expenses and charges payable to any lender, investor or financier of the Film including any Beneficiary. 5.7.2 If Producer contracts, without Completion Guarantor's prior written approval, for any of the foregoing items in a manner not strictly within the respective aggregate allowance allocated therefor in the Budget (other than line item reallocations as permitted herein) or not adhering to in accordance with the other Production Elements or Specifications, then Producer shall cause the funds needed to cover any such excess costs to be immediately deposited into the Production Account from sources other than Completion Guarantor. 5.7.3 Unless directed to undertake such action or activity by Completion Guarantor, Producer shall be responsible to pay any cost, expense, loss, or damage due to any (a) strike, lockout, boycott, voluntary or forced unionization or attempted or threatened unionization or other labor disturbance affecting, hindering, impairing, delaying or preventing Production and Delivery, including, without limitation, any failure to recognize the authority or jurisdiction of any Guild or any withdrawal of cast or crew members in accordance with demands or work stoppages; (b) actions or demands of any Guild; (c) any failure by any person to timely execute and deliver to any Guild any security, subordination or other agreement, in form and substance satisfactory to such Guild, and to satisfy all other undertakings required by such Guild as a condition to its members being permitted to render services in connection with the Film; (d) failure to satisfy the financial assurance requirements of any Guild prior to commencement of principal photography;

Budget Allowances. 5.7.1 Producer hereby xxxxxx agrees that, except with Completion Guarantor's prior written approval, the following items shall be contracted within the respective aggregate allowance allocated therefor in the Budget and, where applicable, in accordance with the other Production Elements, and Specifications: (a) the cost of licensing or otherwise acquiring all rights to the story, scenario, Screenplay, including all drafts thereof and revisions thereto, and any other underlying rights in the Film legally required for Production and Delivery; (b) the compensation payable to each Key Cast and Key Crew member and all other personnel whatsoever engaged on the Film including any entertainment, travel, accommodation and subsistence expenses and other perquisites payable or reimbursable thereto; (c) the cost of licensing or otherwise acquiring all rights, licenses and clearances of any Pre-Existing Material for use in the Film; (d) the cost of producing or acquiring special effects, opticals, CGI effects and other visual effects services; (e) the cost of advertising, marketing, promotion and publicity including for previewing and research screenings; (f) insurance premiums; and (g) the fees and expenses of attorneys, accountants, auditors and other professional advisors, consultants, representatives or agents of Producer (except in connection with an Arbitration); and (h) the fees, expenses and charges payable to any lender, investor or financier of the Film including any Beneficiary. 5.7.2 If Producer contracts, without Completion Guarantor's prior written approval, for any of the foregoing items in a manner not strictly within the respective aggregate allowance allocated therefor in the Budget (other than line item reallocations as permitted herein) or not adhering to in accordance with the other Production Elements or Specifications, then Producer shall cause the funds needed to cover any such excess costs to be immediately deposited into the Production Account from sources other than Completion Guarantor. 5.7.3 Unless directed to undertake such action or activity by Completion Guarantor, Producer shall be responsible to pay any cost, expense, loss, loss or damage due to any (a) strike, lockout, boycott, voluntary or forced unionization or attempted or threatened unionization or other labor disturbance affecting, hindering, impairing, delaying or preventing Production and Delivery, including, without limitation, any failure to recognize the authority or jurisdiction violation of any Guild agreement or labor law including any withdrawal failure, refusal or inability of cast or crew members in accordance with demands or work stoppages; (b) actions or demands of any Guild; (c) any failure by any person to timely execute and deliver to any Guild any security, subordination or other agreement, in form and substance satisfactory to such Guild, and to satisfy all other undertakings required by such Guild as a condition to its members being permitted to render services in connection with the Film; (d) failure Producer to satisfy the financial assurance requirements of any Guild prior to commencement of principal photography;, voluntary or forced unionization of cast or crew, or any withdrawal or work stoppage, strike, lockout, boycott or other labor disturbance in accordance with Guild demands. Without limiting its rights or remedies hereunder, Completion Guarantor shall have the right to withhold payment from Producer’s fee to cover any such cost, expense, loss or damage.