Entitlement to fees and exceptions Sample Clauses

Entitlement to fees and exceptions. The employer will pay employees cooperating on recordings for external distribution and presentation as referred to in paragraph 2b a reasonable fee on the basis of the Related Rights Act. The following situations form exceptions to the entitlement to fees: - distribution and presentation for non-commercial purposes of recordings of part of an artistic production, with a maximum duration of five minutes, whereby this part does not form a whole in its own right; - distribution and presentation of recordings made during benefit events, where all the proceeds go to the intended goal or charity of the event; - cooperation on and distribution of recordings, including videos, CDs, CD-ROMs and DVDs, for purposes of promotion, publicity and/or education. Purposes of promotion or publicity are when the recording aims to promote the reputation of the employer and does not serve a commercial purpose, and when it is given free or at cost price to sponsors, subscription holders, friends associations or individual friends, and other (potential) business relations. Purposes of education are when the recording is used solely as teaching material in schools.
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Entitlement to fees and exceptions a. The employer will pay employees cooperating on recordings a reasonable fee for all forms of exploitation. See paragraph 2. b for exceptions to this and paragraph 7 of this Article for the agreed fees. b. For recordings/publications for one of the following purposes, the fee referred to in paragraph 2 under 1 is not applicable or set at zero. This concerns artistic production material that does not form a whole in its own right, which has a maximum recording/publication duration of three minutes. If the maximum of three minutes is exceeded, prior permission is required from the parties concerned/employee participation body and a fee applies in accordance with paragraph 7. Employees themselves are also entitled to publish recordings of a maximum of three minutes made by the employer for publicity and/or marketing purposes, provided the form is unaltered. This concerns events where all the proceeds go to the intended goal or charity of the event. Prior permission is required from the parties concerned/employee participation body. A fee in accordance with paragraph 7 applies to further publication. This is the case when the recording/publication is used solely as teaching material for education. This is the case when recordings/publications of (complete) productions are made available only to programmers or professionals for the purpose of selling performances and tours. This is on condition that a watermark is included in the recording, making the recording unsuitable for showing to the public.
Sample 1Sample 2
Entitlement to fees and exceptions a. The employer will pay employees cooperating on recordings for external distribution and presentation as referred to in paragraph 3b a reasonable fee on the basis of the Related Rights Act, barring the exceptions referred to in paragraph 4b. b. The following situations form exceptions to the entitlement to fees: - distribution and presentation of recordings of part of an artistic production, with a maximum duration of three minutes, whereby this part does not form a whole in its own right; - distribution and presentation of recordings made during benefit events, where all the proceeds go to the intended goal or charity of the event; - distribution and presentation of recordings for purposes of publicity and/or education. Purposes of education are when the recording is used solely as teaching material in schools.
Sample 1
Entitlement to fees and exceptions a. The employer will pay employees cooperating on recordings a reasonable fee for all forms of exploitation. See paragraph 2. b for exceptions to this and paragraph 7 of this Article for the agreed fees. b. For recordings/publications for one of the following purposes, the fee referred to in paragraph 2 under 1 is not applicable or set at zero. - publicity and/or marketing purposes This concerns artistic production material that does not form a whole in its own right, which has a maximum recording/publication duration of three minutes. If the maximum of three minutes is exceeded, prior permission is required from the parties concerned/employee participation body and a fee applies in accordance with paragraph 7. Employees themselves are also entitled to publish recordings of a maximum of three minutes made by the employer for publicity and/or marketing purposes, provided the form is unaltered. - benefit events This concerns events where all the proceeds go to the intended goal or charity of the event. Prior permission is required from the parties concerned/employee participation body. A fee in accordance with paragraph 7 applies to further publication. - non-commercial educational purposes This is the case when the recording/publication is used solely as teaching material for education. - the producer’s sales purposes This is the case when recordings/publications of (complete) productions are made available only to programmers or professionals for the purpose of selling performances and tours. This is on condition that a watermark is included in the recording, making the recording unsuitable for showing to the public.
Sample 1

Related to Entitlement to fees and exceptions

  • Limitations and Exceptions Members shall confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.

  • Reservations and Exceptions 1. Articles 3, 4, 6 and 12 shall not apply to: (a) Any existing non-conforming measure that is maintained by: (i) With respect to Japan: (A) The central government or a prefecture, as set out in its Schedule in Annex I; or (B) A local government other than prefectures; (ii) With respect to the Republic of Peru: (A) The central government or a regional government, as set out in its Schedule in Annex I; or (B) A local government (b) The continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) An amendment or modification to any non-conforming measure referred to in subparagraph (a), provided that the amendment or modification does not decrease the conformity of the measure as it existed immediately before the amendment or modification, with Articles 3, 4, 6 and 12. 2. Articles 3, 4, 6 and 12 shall not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors and activities set out in its Schedule in Annex II. 3. Neither Contracting Party shall, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule in Annex II, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists at the time the measure becomes effective. 4. In cases where a Contracting Party makes an amendment or a modification to any existing non-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, sub-sectors or activities set out in its Schedule in Annex II after the entry into force of this Agreement, the Contracting Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measure, or in exceptional circumstances, as soon as possible thereafter: (a) Notify the other Contracting Party of detailed information on such amendment, modification or measure; and (b) Hold, upon request by the other Contracting Party, consultations in good-faith with that other Contracting Party. 5. Each Contracting Party shall endeavour, where appropriate, to reduce or eliminate the reservations specified in its Schedules in Annexes I and II respectively. 6. Articles 3, 4, 6 and 12 shall not apply to any measure covered by the exceptions to, or derogations from, obligations under Articles 3 and 4 of the TRIPS Agreement, as specifically provided in Articles 3 through 5 of the TRIPS Agreement. 7. Articles 3, 4, 6 and 12 shall not apply to any measure that a Contracting Party adopts or maintains with respect to government procurement.

  • Requirements Pertaining Only to Federal Grants and Subrecipient Agreements If this Agreement is a grant that is funded in whole or in part by Federal funds:

  • LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS A copy of the Agreement and Declaration of Trust of the Trust is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this instrument is executed on behalf of the Trustees of the Trust as Trustees and not individually and that the obligations of this instrument are not binding upon any of the Trustees or shareholders individually but are binding only upon the assets and property of the Fund.

  • Compensation and Indemnification of Trustee and Its Prior Claim The Issuer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to, such compensation as the parties shall agree in writing from time to time (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) and the Issuer covenants and agrees to pay or reimburse the Trustee and each predecessor Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by or on behalf of it in accordance with any of the provisions of this Indenture (including the reasonable compensation and the expenses and disbursements of its counsel and of all agents and other persons not regularly in its employ) except any such expense, disbursement or advance as may arise from its negligence or bad faith. The Issuer also covenants to indemnify the Trustee and each predecessor Trustee for, and to hold it harmless against, any loss, liability or expense incurred without negligence or bad faith on its part, arising out of or in connection with the acceptance or administration of this Indenture or the trusts hereunder and its duties hereunder, including the costs and expenses of defending itself against or investigating any claim of liability in the premises. The obligations of the Issuer under this Section to compensate and indemnify the Trustee and each predecessor Trustee and to pay or reimburse the Trustee and each predecessor Trustee for expenses, disbursements and advances shall constitute additional indebtedness hereunder and shall survive the satisfaction and discharge of this Indenture. Such additional indebtedness shall be a senior claim to that of the Securities upon all property and funds held or collected by the Trustee as such, except funds held in trust for the benefit of the Holders of particular Securities or Coupons, and the Securities are hereby subordinated to such senior claim.

  • Limitations of Liability of the Trustees and Shareholders A copy of the Trust's Agreement and Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts, and notice is hereby given that this instrument is executed by the Trustees as Trustees and not individually and that the obligations of this instrument are not binding upon any of the Trustees, officers or shareholders individually but are binding only upon the assets and property of the appropriate Fund.

  • Certification Regarding Lobbying Applicable to Grants Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

  • Limitation on Rights; No Right to Future Grants; Extraordinary Item of Compensation By entering into this Agreement and accepting the Performance Stock Units evidenced hereby, the Participant acknowledges: (i) that the Plan is discretionary in nature and may be suspended or terminated by the Company at any time; (ii) that the Award does not create any contractual or other right to receive future grants of Awards; (iii) that participation in the Plan is voluntary; (iv) that the value of the Performance Stock Units is not part of normal or expected compensation for purposes of calculating any severance, resignation, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments; and (v) that the future value of the Common Stock is unknown and cannot be predicted with certainty.

  • Obligation to Provide State Access to Grant Records The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts, and transcripts.

  • Obligations with Respect to Transfers and Exchanges of Warrants (a) To permit registrations of transfers and exchanges, the Company shall execute and the Warrant Agent is hereby authorized to countersign, in accordance with the provisions of this Xxxxxxx 0, Xxxxxx Xxxxxxx Certificates, as required pursuant to the provisions of this Section 5. (b) All Global Warrant Certificates or Direct Registration Warrants issued upon any registration of transfer or exchange shall be the valid obligations of the Company, entitled to the same benefits under this Agreement as the Global Warrant Certificates or Direct Registration Warrants surrendered upon such registration of transfer or exchange. (c) So long as the Depository, or its nominee, is the registered owner of a Global Warrant Certificate, the Depository or such nominee, as the case may be, will be considered the sole owner or registered holder represented by such Global Warrant Certificate for all purposes under this Agreement, including, without limitation, for the purposes of (i) giving notices with respect to such Warrants and (ii) registering transfers with respect to such Warrants. Neither the Company nor the Warrant Agent, in its capacity as registrar for such Warrants, will have any responsibility or liability for any aspect of the records relating to beneficial interests in a Global Warrant Certificate or for maintaining, supervising or reviewing any records relating to such beneficial interests. Notwithstanding the foregoing or anything else in this Agreement to the contrary, the Depository, as a registered holder of the Warrants represented by the Global Warrant Certificates, may appoint agents and otherwise authorize participants to give or take any request, demand, authorization, direction, notice, consent, waiver or other action which a registered holder of Warrants is entitled to give or take under this Agreement. (d) A party requesting transfer of Warrants must provide any evidence of authority that may be reasonably required by the Warrant Agent, including but not limited to, a signature guarantee from an eligible guarantor institution participating in a signature guarantee program approved by the Securities Transfer Association. (e) The Warrant Agent shall not undertake the duties and obligations of a stock transfer agent under this Agreement, or otherwise, including, without limitation, the duty to receive, issue or transfer shares of the Common Stock.

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