Definition of Employer's Gross Sample Clauses

Definition of Employer's Gross. The term "Employer's gross," as used herein, means the worldwide total gross receipts derived by the distributor of Such Program (who may be the Employer or a distributor licensed by the Employer) from licensing the right to exhibit Such Program in Supplemental Markets other than by means of cassettes; provided, however, that in the case of any Such Program which is produced outside of the United States, if Such Program is subject to this Agreement and if such production is under an arrangement (herein referred to as a "foreign production deal") pursuant to which a foreign producer or distributor provides or guarantees any of the financing for the production of Such Program or furnishes any other consideration for such production and a foreign distributor acquires one or more foreign territories for the distribution of Such Program in Supplemental Markets, then no monies from any such distribution in any such foreign territory shall be included in Employer's gross except to the extent such foreign producer or foreign distributor is obligated to account to Employer or to the distributor of Such Program for such monies, and except for gross receipts received by such foreign distributor from such distribution in the United Kingdom. If the distributor of Such Program does not distribute Such Program directly in Supplemental Markets, but employs a subdistributor to so distribute Such Program, then the "Employer's gross" shall be the worldwide total gross receipts derived by such subdistributor from licensing the right to exhibit Such Program in Supplemental Markets. In the case of an outright sale of the Supplemental Markets distribution rights, for the entire world, or in any territory or country, the income derived by the seller from such sale, but not the income realized by the purchaser or licensee of such rights, shall be the "Employer's gross." If any such outright sale shall include Supplemental Markets exhibition rights and other rights, then (but only for the purpose of the computation required hereunder) the Employer shall allocate to the Supplemental Markets exhibition rights a fair and reasonable portion of the sale price which shall, for the purpose hereof, be the "Employer's gross." In reaching such determination, Employer may consider the current market value of Supplemental Markets exhibition rights in comparable television programs. If the Guild shall contend that the amount so allocated was not fair and reasonable, such claim may be determined...
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Definition of Employer's Gross. If the Employer is the Distributor or the Distributor is owned by or affiliated with the Employer, the "Employer's gross" derived from the distribution of Such Program by "cassettes" shall be twenty percent (20%) of the worldwide wholesale receipts derived by the Distributor. In such cases, if the Distributor is also the retailer, a reasonable allocation of the retail gross receipts shall be made as between the Distributor as distributor and the Distributor as retailer, and twenty percent (20%) of the former only shall be deemed to be "Employer's gross." The reasonableness of such allocation shall be subject to arbitration and, in such arbitration, generally prevailing trade practices in the cassette industry with respect to dealings between non-related companies shall be relevant evidence. Such worldwide wholesale receipts shall not include:

Related to Definition of Employer's Gross

  • Definition of Employee 5.01 In this Agreement "employee" means a person who is employed by the Company and who is included in a unit of the Company's employees for whom the Union has been certified as the collective bargaining agent by the Labour Relations Code of B.C. "

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  • Termination of Employment Executive's employment hereunder may be terminated under the following circumstances:

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