By Artist. During rehearsals, the Artist may terminate his/her CTA Engagement Contract by paying the Theatre the contractual fee multiplied by the number of weeks specified in the notice clause in his/her CTA Engagement Contract. However, the termination of the Artist's services to the Theatre may not occur within the period beginning two (2) weeks prior to and ending two (2) weeks after the first public performance dates specified in the CTA Engagement Contract.
By Artist. Artist will defend at its expense any suit brought against Organization, and will pay any settlement Artist makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim by any third party alleging that the Deliverables infringe such third party’s Intellectual Property Rights, performers’ rights, or rights of privacy or publicity. If any portion of the Deliverables becomes, or in Artist’s opinion is likely to become, the subject of a claim of infringement, Artist may, at Artist’s option: procure for Organization the right to continue using the Deliverables or, terminate this Agreement and direct R&D to refund any unused prepaid Fees for the remainder of the Term then in effect and, upon such termination, Organization will immediately cease all use of the Deliverables. Notwithstanding the foregoing, Artist will have no obligation under this Section 9.1 or otherwise with respect to any infringement claim based upon (i) any use of the Deliverables not in accordance with this Agreement or as specified in the SOW; (ii) any use of the Services in combination with other materials or content not supplied by Artist; or (iii) any modification of the Deliverables by any person other than Artist or its authorized agents (“Exclusion(s)”). This Section 9.1 states the sole and exclusive remedy of Organization and the entire liability of Artist, or any of the officers, directors, employees, shareholders, contractors or representatives of the foregoing, for infringement claims and actions. By Organization. Organization will defend at its expense any suit brought against Artist, and will pay any settlement Organization makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim arising out of or relating to (a) an Exclusion in Section 9.1 above, or (b) Organization’s breach or alleged breach of Section 5 or Organization’s obligations of confidentiality in Section 6.
By Artist. Artist agrees to indemnify and hold harmless eOne, its subsidiaries, affiliates, parents and its and their successors, assigns, licensees, officers, directors and employees, from and against any and all third party claims, liabilities, losses, damages, costs, expenses (including reasonable outside attorneys' fees), judgments and penalties arising out of, resulting from, based upon or incurred because of (i) the breach by Artist of any agreement, representation or warranty made by Artist hereunder and (ii) any gross negligence, intentionally tortious or reckless acts or omissions committed by Artist while providing Pilot or Series services (except for negligence, excluding gross negligence as set forth above, or as otherwise required by law).
By Artist. Photographs, video and other recordings taken by Artist or Artist Parties during, or as a result of participating in the Festival are subject to scrutiny and ultimate approval of LQAF in its sole and absolute discretion. LQAF may require any images or recordings LQAF deems inappropriate or otherwise unacceptable for any reason, be removed from public view. Failure to comply may result in removal from the Festival or exclusion from future Festivals, or the exercise by LQAF of its legal remedies against Artist.
By Artist. Consultant shall cause Artist to agree in a written instrument to protect, defend, indemnify and hold Town, its members, officers, agents and employees harmless from any Liabilities arising out of a claim that Artist’s work constitutes an infringement of any patent, copyright, trademark, trade name or other proprietary right of any party.
By Artist. The Artist shall indemnify, defend, and hold harmless Manager from and against any and all Claims arising out of the Artist’s breach of any of its representations, warranties, obligations, agreements, or duties under this contract, except to the extent the Claim arises out of the Manager’s negligent or intentional acts or omissions.
By Artist. Photographs, video and other recordings taken by Artist or Artist Parties during, or as a result of participating in the Art Show are subject to scrutiny and ultimate approval of NAA in its sole and absolute discretion. NAA may require any images or recordings NAA deems inappropriate or otherwise unacceptable for any reason, be removed from public view. Failure to comply may result in removal from the Art Show or exclusion from future Art Shows, or the exercise by NAA of its legal remedies against Artist.
By Artist. The Artist states that the following facts are accurate and will continue to be accurate during this agreement:
(a) The Artist has the power or the legal capacity to enter into this agreement and to perform the Artist’s obligations under this agreement.
(b) The Artist is duly licensed and authorized by all governmental and regulatory authorities to perform the Artist’s duties under this agreement.
(c) The Artist has independently evaluated the desirability of participating in the platform, and the Artist has not relied on any statement other than those set out in this agreement. The Artist’s signing and performance of this agreement will not conflict with or violate:
(a) any order, judgment, or decree that applies to the Artist;
(b) any provision of the Artist’s corporate bylaws or certification of incorporation, if applicable; or
(c) any agreement that applies to the Artist. The Artist’s performance under this agreement will not:
(a) invade the right of privacy or publicity of any nonparty;
(b) involve any libelous, obscene, indecent, or otherwise unlawful material;
(c) violate any law, including section 2257; or
(d) otherwise infringe on the rights of any nonparties, including those of copyright, patent, trademark, service xxxx, trade secret, or other intellectual property rights, or engage in false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of antidiscrimination law, or violation of any other right of any person or entity. The Artist has sufficient interest in the Artist’s content and products as necessary to display or offer them and to grant the licenses to the Company, as contemplated in this agreement. With respect to all content submissions uploaded by the Artist to, or Artist products offered for sale through, the Artist Store, whether of actual sexually explicit conduct, non-sexually explicit conduct, stimulated sexual conduct, or otherwise, all persons in those visual or audio depictions were at least 18-years old when the visual or audio depictions were created.
(a) The Artist’s content submissions will comply with section Content Standards.
(b) The Artist is solely responsible for the submissions made available on the Website.
(c) The Artist is generally familiar with the nature of the Internet and complies with all laws and industry standards.
(d) The Artist’s collection and use of personally identifiable information does not breach the Website’s privacy policy or violate any law that governs the A...
By Artist. The Artist may amend this agreement only by a signed written agreement of the parties that identifies itself as an amendment to this agreement.
By Artist. If for any reason other than an act of God or force xxxxxx, it shall become necessary for Artist to cancel Artist’s performance, the cancellation shall be subject to the following conditions:
