Common use of CREDIT OBLIGATIONS Clause in Contracts

CREDIT OBLIGATIONS. PGE will have the right to publish, advertise, announce and use in any manner or medium, the name, biography and photographs or likenesses of the Seller in connection with any exercise by PGE of its rights hereunder, provided such use will not constitute an endorsement of any product or service. During the term of the Writers Guild of Canada Minimum Basic Agreement (“WGC Agreement”), as it may be amended, the credit provisions of the WGC Agreement will govern the determination of credits, if any, which the PGE will accord the Seller hereunder in connection with photoplays. Subject to the foregoing, the Seller will be accorded the following credit at Producer’s discretion on screen and in paid ads controlled by PGE and in which any other writer is accorded credit, and in size of type (as to height, width, thickness and boldness) equal to the largest size of type in which any other writer is accorded credit: “Written by Xxxx Xxxx” Additionally, if PGE exploits any other rights in and to the Literary Property, then PGE agrees to give appropriate source material credit to the Literary Property, to the extent that such source material credits are customarily given in connection with the exploitation of such rights. No casual or inadvertent failure to comply with any of the provisions of this clause will be deemed a breach of this agreement by the PGE. The Seller expressly acknowledges that in the event of a failure or omission constituting a breach of the provisions of this paragraph, the damage (if any) caused the Seller thereby is not irreparable or sufficient to entitle the Seller to injunctive or other equitable relief. Consequently, the Seller’s rights and remedies in the event of such breach will be limited to the right to recover damages in an action at law. PGE agrees to provide in its contracts with distributors of the Picture that such distributors will honor PGE’s contractual credit commitments and agrees to inform such distributors of the credit provisions herein. Pacific Gold Entertainment Inc.

Appears in 5 contracts

Samples: Option & Literary Purchase Agreement (Pacific Gold Entertainment Inc.), Literary Purchase Agreement (Pacific Gold Entertainment Inc.), Literary Purchase Agreement (Pacific Gold Entertainment Inc.)

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CREDIT OBLIGATIONS. PGE will Buyer shall have the right to publish, advertise, announce and use in any manner or medium, the name, biography and photographs or likenesses of the Seller Script Owner in connection with any exercise by PGE Buyer of its rights hereunder, provided such use will shall not constitute an endorsement of any product or service. During the term of the Writers Writer's Guild of Canada America Minimum Basic Agreement (“WGC "WGA Agreement"), as it may be amended, the credit provisions of the WGC WGA Agreement will shall govern the determination of credits, if any, which the PGE will Buyer shall accord the Seller Script Owner hereunder in connection with photoplays. If the Buyer or his assignee is not a party to said WGA Agreement, the provisions of the WGA Agreement shall no longer directly govern the determination of such credits, and when the WGA Agreement or any amendment is not effective as between the Buyer or assignee and Writer's Guild of America, such credits shall be determined with reference to the Credit rules of the WGA, with any dispute arbitrated by the American Arbitration Association. Subject to the foregoing, the Seller will Script Owner shall be accorded the following credit at Producer’s discretion on a single card on screen and in paid ads controlled by PGE Buyer and in which any other writer is accorded credit, and in size of type (as to height, width, thickness and boldness) equal to the largest size of type in which any other writer is accorded credit: “Written by Xxxx Xxxx” WRITTEN BY AXX XXXXXXXX/BLVD HOLDINGS INC Additionally, if PGE exploits Buyer shall exploit any other rights in and to the Literary PropertyScript, then PGE Buyer agrees to give appropriate source material credit to the Literary PropertyScript, to the extent that such source material credits are customarily given in connection with the exploitation of such rights. No casual or inadvertent failure to comply with any of the provisions of this clause will shall be deemed a breach of this agreement by the PGEBuyer. The Seller Script Owner hereby expressly acknowledges that in the event of a failure or omission constituting a breach of the provisions of this paragraph, the damage (if any) caused the Seller Script Owner thereby is not irreparable or sufficient to entitle the Seller Script Owner to injunctive or other equitable relief. Consequently, the Seller’s Script Owner's rights and remedies in the event of such breach will shall be limited to the right to recover damages in an action at law. PGE agrees to provide in its contracts with distributors of the Picture that such distributors will honor PGE’s contractual credit commitments and agrees to inform such distributors of the credit provisions herein. Pacific Gold Entertainment Inc..

Appears in 4 contracts

Samples: Script Purchase Agreement (BLVD Holdings Inc), Script Purchase Agreement (BLVD Holdings Inc), Script Purchase Agreement (BLVD Holdings Inc)

CREDIT OBLIGATIONS. PGE will Buyer shall have the right to publish, advertise, announce and use in any manner or medium, the name, biography and photographs or likenesses of the Seller Script Owner in connection with any exercise by PGE Buyer of its rights hereunder, provided such use will shall not constitute an endorsement of any product or service. During the term of the Writers Writer's Guild of Canada America Minimum Basic Agreement (“WGC "WGA Agreement"), as it may be amended, the credit provisions of the WGC WGA Agreement will shall govern the determination of credits, if any, which the PGE will Buyer shall accord the Seller Script Owner hereunder in connection with photoplays. If the Buyer or his assignee is not a party to said WGA Agreement, the provisions of the WGA Agreement shall no longer directly govern the determination of such credits, and when the WGA Agreement or any amendment is not effective as between the Buyer or assignee and Writer's Guild of America, such credits shall be determined with reference to the Credit rules of the WGA, with any dispute arbitrated by the American Arbitration Association. Subject to the foregoing, the Seller will Script Owner shall be accorded the following credit at Producer’s discretion on a single card on screen and in paid ads controlled by PGE Buyer and in which any other writer is accorded credit, and in size of type (as to height, width, thickness and boldness) equal to the largest size of type in which any other writer is accorded credit: “Written by Xxxx Xxxx” WRITTEN BY XXX XXXXXXXX/BLVD HOLDINGS INC Additionally, if PGE exploits Buyer shall exploit any other rights in and to the Literary PropertyScript, then PGE Buyer agrees to give appropriate source material credit to the Literary PropertyScript, to the extent that such source material credits are customarily given in connection with the exploitation of such rights. No casual or inadvertent failure to comply with any of the provisions of this clause will shall be deemed a breach of this agreement by the PGEBuyer. The Seller Script Owner hereby expressly acknowledges that in the event of a failure or omission constituting a breach of the provisions of this paragraph, the damage (if any) caused the Seller Script Owner thereby is not irreparable or sufficient to entitle the Seller Script Owner to injunctive or other equitable relief. Consequently, the Seller’s Script Owner's rights and remedies in the event of such breach will shall be limited to the right to recover damages in an action at law. PGE agrees to provide in its contracts with distributors of the Picture that such distributors will honor PGE’s contractual credit commitments and agrees to inform such distributors of the credit provisions herein. Pacific Gold Entertainment Inc..

Appears in 3 contracts

Samples: Script Purchase Agreement, Script Purchase Agreement (BLVD Holdings Inc), Script Purchase Agreement (BLVD Holdings Inc)

CREDIT OBLIGATIONS. PGE will Buyer shall have the right to publish, advertise, announce and use in any manner or medium, the name, biography and photographs or likenesses of the Seller Script Owner in connection with any exercise by PGE Buyer of its rights hereunder, provided such use will shall not constitute an endorsement of any product or service. During the term of the Writers Writer's Guild of Canada America Minimum Basic Agreement (“WGC "WGA Agreement"), as it may be amended, the credit provisions of the WGC WGA Agreement will shall govern the determination of credits, if any, which the PGE will Buyer shall accord the Seller Script Owner hereunder in connection with photoplays. If the Buyer or his assignee is not a party to said WGA Agreement, the provisions of the WGA Agreement shall no longer directly govern the determination of such credits, and when the WGA Agreement or any amendment is not effective as between the Buyer or assignee and Writer's Guild of America, such credits shall be determined with reference to the Credit rules of the WGA, with any dispute arbitrated by the American Arbitration Association. Subject to the foregoing, the Seller will Script Owner shall be accorded the following credit at Producer’s discretion on a single card on screen and in paid ads controlled by PGE Buyer and in which any other writer is accorded credit, and in size of type (as to height, width, thickness and boldness) equal to the largest size of type in which inwhich any other writer is accorded credit: “Written by Xxxx Xxxx” WRITTEN BY AXX XXXXXXXX/BLVD HOLDINGS INC Additionally, if PGE exploits Buyer shall exploit any other rights in and to the Literary PropertyScript, then PGE Buyer agrees to give appropriate source material credit to the Literary PropertyScript, to the extent that such source material credits are customarily given in connection with the exploitation of such rights. No casual or inadvertent failure to comply with any of the provisions of this clause will shall be deemed a breach of this agreement by the PGEBuyer. The Seller Script Owner hereby expressly acknowledges that in the event of a failure or omission constituting a breach of the provisions of this paragraph, the damage (if any) caused the Seller Script Owner thereby is not irreparable or sufficient to entitle the Seller Script Owner to injunctive or other equitable relief. Consequently, the Seller’s Script Owner's rights and remedies in the event of such breach will shall be limited to the right to recover damages in an action at law. PGE agrees to provide in its contracts with distributors of the Picture that such distributors will honor PGE’s contractual credit commitments and agrees to inform such distributors of the credit provisions herein. Pacific Gold Entertainment Inc..

Appears in 1 contract

Samples: Script Purchase Agreement (BLVD Holdings Inc)

CREDIT OBLIGATIONS. PGE will Purchaser shall have the right to publish, advertise, announce and use in any manner or medium, the name, biography and photographs or likenesses of the Seller Owner in connection with any exercise by PGE Purchaser of its rights hereunder, provided such use will shall not constitute an endorsement of any product or service. During the term of the Writers Writer's Guild of Canada America Minimum Basic Agreement (“WGC "WGA Agreement"), as it may be amended, the credit provisions of the WGC WGA Agreement will shall govern the determination of credits, if any, which the PGE will Purchaser shall accord the Seller Owner hereunder in connection with photoplays. If the Purchaser or his assignee is not a party to said WGA Agreement, the provisions of the WGA Agreement shall no longer directly govern the determination of such credits, and when the WGA Agreement or any amendment is not effective as between the Purchaser or assignee and Writer's Guild of America, such credits shall be determined with reference to the Credit rules of the WGA, with any dispute arbitrated by the American Arbitration Association. Subject to the foregoing, the Seller will Owner shall be accorded the following credit at Producer’s discretion on a single card on screen and in paid ads controlled by PGE Purchaser and in which any other writer is accorded credit, and in size of type (as to height, width, thickness and boldness) equal to the largest size of type in which any other writer is accorded credit: “Written by Xxxx Xxxx” WRITTEN BY ________________ Additionally, if PGE exploits Purchaser shall exploit any other rights in and to the Literary Property, then PGE Purchaser agrees to give appropriate source material credit to the Literary Property, to the extent that such source material credits are customarily given in connection with the exploitation of such rights. No casual or inadvertent failure to comply with any of the provisions of this clause will shall be deemed a breach of this agreement by the PGEPurchaser. The Seller Owner hereby expressly acknowledges that in the event of a failure or omission constituting a breach of the provisions of this paragraph, the damage (if any) caused the Seller Owner thereby is not irreparable or sufficient to entitle the Seller Owner to injunctive or other equitable relief. Consequently, the Seller’s Owner's rights and remedies in the event of such breach will shall be limited to the right to recover damages in an action at law. PGE agrees to provide in its contracts with distributors of the Picture that such distributors will honor PGE’s contractual credit commitments and agrees to inform such distributors of the credit provisions herein. Pacific Gold Entertainment Inc..

Appears in 1 contract

Samples: Option/Purchase Agreement

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CREDIT OBLIGATIONS. PGE will Purchaser shall have the right to publish, advertise, announce and use in any manner or medium, the name, biography and photographs or likenesses of the Seller Owner in connection with any exercise by PGE Purchaser of its rights hereunder, provided such use will shall not constitute an endorsement of any product or service. During the term of the Writers Writer's Guild of Canada America Minimum Basic Agreement (“WGC "WGA Agreement"), as it may be amended, the credit provisions of the WGC WGA Agreement will shall govern the determination of credits, if any, which the PGE will Purchaser shall accord the Seller Owner hereunder in connection with photoplays. If the Purchaser or his assignee is not a party to said WGA Agreement, the provisions of the WGA Agreement shall no longer directly govern the determination of such credits, and when the WGA Agreement or any amendment is not effective as between the Purchaser or assignee and Writer's Guild of America, such credits shall be determined with reference to the Credit rules of the WGA, with any dispute arbitrated by the American Arbitration Association. Subject to the foregoing, the Seller will Owner shall be accorded the following credit at Producer’s discretion on a single card on screen and in paid ads controlled by PGE Purchaser and in which any other writer is accorded credit, and in size of type (as to height, width, thickness and boldness) equal to the largest size of type in which any other writer is accorded credit: “Written by Xxxx Xxxx” WRITTEN BY XXXXXXXXXX Additionally, if PGE exploits Purchaser shall exploit any other rights in and to the Literary Property, then PGE Purchaser agrees to give appropriate source material credit to the Literary Property, to the extent that such source material credits are customarily given in connection with the exploitation of such rights. No casual or inadvertent failure to comply with any of the provisions of this clause will shall be deemed a breach of this agreement by the PGEPurchaser. The Seller Owner hereby expressly acknowledges that in the event of a failure or omission constituting a breach of the provisions of this paragraph, the damage (if any) caused the Seller Owner thereby is not irreparable or sufficient to entitle the Seller Owner to injunctive or other equitable relief. Consequently, the Seller’s Owner's rights and remedies in the event of such breach will shall be limited to the right to recover damages in an action at law. PGE agrees to provide in its contracts with distributors of the Picture that such distributors will honor PGE’s contractual credit commitments and agrees to inform such distributors of the credit provisions herein. Pacific Gold Entertainment Inc..

Appears in 1 contract

Samples: Option/Purchase Agreement

CREDIT OBLIGATIONS. PGE will Buyer shall have the right to publish, advertise, announce and use in any manner or medium, the name, biography and photographs or likenesses of the Seller Writer in connection with any exercise by PGE Buyer of its rights hereunder, provided such use will shall not constitute an endorsement of any product or service. During the term of the Writers Writer's Guild of Canada America Minimum Basic Agreement (“WGC "WGA Agreement"), as it may be amended, the credit provisions of the WGC WGA Agreement will shall govern the determination of credits, if any, which the PGE will Buyer shall accord the Seller Writer hereunder in connection with photoplays. If the Buyer or his assignee is not a party to said WGA Agreement, the provisions of the WGA Agreement shall no longer directly govern the determination of such credits, and when the WGA Agreement or any amendment is not effective as between the Buyer or assignee and Writer's Guild of America, such credits shall be determined with reference to the Credit rules of the WGA, with any dispute arbitrated by the American Arbitration Association. Subject to the foregoing, the Seller will Writer shall be accorded the following credit at Producer’s discretion on a single card on screen and in paid ads controlled by PGE Xxxxx and in which any other writer is accorded credit, and in size of type (as to height, width, thickness and boldness) equal to the largest size of type in which any other writer is accorded credit: “Written by Xxxx Xxxx” Additionally, if PGE exploits Xxxxx shall exploit any other rights in and to the Literary PropertyScript, then PGE Xxxxx agrees to give appropriate source material credit to the Literary PropertyScript, to the extent that such source material credits are customarily given in connection with the exploitation of such rights. No casual or inadvertent failure to comply with any of the provisions of this clause will shall be deemed a breach of this agreement by the PGEBuyer. The Seller Writer hereby expressly acknowledges that in the event of a failure or omission constituting a breach of the provisions of this paragraph, the damage (if any) caused the Seller Writer thereby is not irreparable or sufficient to entitle the Seller Writer to injunctive or other equitable relief. Consequently, the Seller’s Writer's rights and remedies in the event of such breach will shall be limited to the right to recover damages in an action at law. PGE agrees to provide in its contracts with distributors of the Picture that such distributors will honor PGE’s contractual credit commitments and agrees to inform such distributors of the credit provisions herein. Pacific Gold Entertainment Inc..

Appears in 1 contract

Samples: Agreement

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