Common use of Election Not to Proceed Clause in Contracts

Election Not to Proceed. Company shall have no obligation to use the Property or include the Property in the Picture. Should Company elect at any time not to use said Property for filming or any other purposes (which Company shall have the right to do), written notice thereof will be given by Company to Grantor. If such written notice is given prior to Company using the Property, Grantor shall not be entitled to any compensation and thereafter the parties hereto shall be released from any and all of their respective obligations hereunder. If such written notice is given after Company uses the Property, Company shall remain obligated to restore the Property as provided above and Grantor shall only be entitled to receive as full compensation for Company's use either the negotiated daily rate for each day of preparation and/or photography that Company actually used the Property, or a pro-rated amount of the negotiated fee for each day during which Company used the Property, whichever is applicable.

Appears in 3 contracts

Samples: Location Agreement, Location Agreement, Location Agreement

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Election Not to Proceed. Company shall have no obligation to use the Property or include the Property in the Picture. Should Company elect at any time not to use said Property for filming or any other purposes (which Company shall have the right to dodo at its sole and exclusive election), written notice thereof will be given by Company to Grantor upon request by Grantor. If such written notice is given prior to Company using the Property, Grantor shall not be entitled to any compensation and thereafter the parties hereto shall be released from any and all of their respective obligations hereunder. If such written notice is given after Company uses the Property, Company shall remain obligated to restore the Property as expressly provided above and Grantor shall only be entitled to receive as full compensation for Company's ’s use either the negotiated daily weekly rate pro-rated for each day of preparation and/or photography that Company actually used the Property, or a pro-rated amount of the negotiated fee for each day during which Company used the Property, whichever is applicable.

Appears in 1 contract

Samples: Location Agreement

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Election Not to Proceed. Company shall have no obligation to use the Property or include the Property in the Picture. Should Company elect at any time not to use said Property for filming or any other purposes (which Company shall have the right to do), written notice thereof will be given by Company to Grantor. If such written notice is given prior to Company using the Property, Grantor shall not be entitled to any compensation compensationfurther compensation, but Grantor shall be entitled to retain consideration previously paid or payable, and thereafter the parties hereto shall be released from any and all of their respective obligations hereunder. If such written notice is given after Company uses the Property, Company shall remain obligated to restore the Property as provided above and Grantor shall only be entitled to receive as full compensation for Company's use either the negotiated daily rate for each day of preparation and/or photography that Company actually used the Property, or a pro-rated amount of the negotiated fee for each day during which Company used the Property, whichever is applicable.

Appears in 1 contract

Samples: Location Agreement

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