Common use of EXCLUSIONS AND EXCEPTIONS Clause in Contracts

EXCLUSIONS AND EXCEPTIONS. The Paid Ad credit obligations shall not apply to the following Paid Ads (“Excluded Ads”): group, list, institutional or so-called teaser advertising; special advertising (e.g., announcements of commencement and/or completion of principal photography, advertising regarding box office gross receipts, etc.); announcement advertising; advertising relating primarily to the Source Material upon which a Motion Picture is based, or to the author, any member of the cast, the director(s), writer(s) or any other personnel involved with the production of the applicable Motion Picture; so-called “award” or “congratulatory” advertisements, including advertisements or announcements relating to consideration or nomination for an award; trailers (including promotional films) or other screen, radio or television advertising; advertising in narrative form; advertising for film festivals, film markets and the like; advertising one-half page (or the equivalent in SAU’s) in size or less; outdoor advertising (including, but not limited to so-called 24-sheets); theater display advertising; advertising in which no credit is accorded other than credit to actors and/or to any other company financing or distributing the applicable Motion Picture. The following shall not be considered Paid Ads or Excluded Ads for any purpose hereunder: videocassettes, videodiscs and other home video devices and the covers, packages, containers or jackets therefor (“Video Items”) and other advertising not relating primarily to the applicable Motion Picture.

Appears in 2 contracts

Samples: Master Development and Distribution Agreement, Master Development and Distribution Agreement (Marvel Enterprises Inc)

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EXCLUSIONS AND EXCEPTIONS. The Company's Paid Ad Ads credit obligations shall not apply to the following Paid Ads (hereinafter "Excluded Ads"): group, list, institutional or so-called teaser advertising; special advertising (e.g., announcements of commencement and/or completion of principal photography, advertising regarding box office gross receipts, etc.); , announcement advertising; advertising relating primarily to the Source Material upon which a Motion Picture is based, or to the author, any member of the cast, the director(s), writer(s) or any other personnel involved with the production of the applicable Motion Picture; so-called "award" or "congratulatory" advertisements, including advertisements or announcements relating to consideration or nomination for an award; trailers (including promotional films) or other screen, radio or television advertising; advertising in narrative form; advertising for film festivals, film markets and the like; advertising one-half page (or the equivalent in SAU’sSAUs) in size or less; outdoor advertising (including, but not limited to to, so-called 24-sheets); theater display advertising; advertising in which no credit is accorded other than credit to actors and/or the Company and/or to any other company financing or distributing the applicable Motion Picture. The following shall not be considered Paid Ads or Excluded Ads for any purpose hereunder: videocassettes, videodiscs and other home video devices and the covers, packages, containers or jackets therefor (collectively, "Video Items”) "); publicity and promotional items and materials; advertising relating to subsidiary or ancillary rights in the Motion Picture (including, but not limited to novelizations, screenplays, "Making of' books, "film diaries" or other publications, products, merchandising, music publishing or soundtrack recordings); voiceovers; advertising, publicity and exploitation relating to by-products or commercial tie-ins; and other advertising not relating primarily to the applicable Motion Picture.

Appears in 2 contracts

Samples: www.sec.gov, Platinum Studios, Inc.

EXCLUSIONS AND EXCEPTIONS. The SPE's Paid Ad credit obligations shall not apply to the following Paid Ads (hereinafter "Excluded Ads"): group, list, institutional or so-called teaser advertisingadver­tising; special advertising (e.g., announcements of commencement and/or completion of principal photography, advertising regarding box office gross receipts, etc.); announcement advertising; advertising advertis­ing relating primarily to the Source Material source material upon which a Motion the applicable Picture or television series is based, or to the author, any member of the cast, the director(s), writer(s) or any other personnel involved with the production of the applicable Motion PicturePicture or television series; so-called "award" or "congratulatory" advertisements, including advertisements or announcements relating to consideration or nomination for an award; trailers (including promotional films) or other screen, radio or television advertising; advertising in narrative form; advertising for film festivals, film markets and the like; advertising adver­tising one-half page (or the equivalent in SAU’s's) in size or less; outdoor advertising (including, but not limited to so-called 24-sheets); theater display advertising; advertising in which no credit is accorded other than credit to actors and/or to SPE or its Affiliates and/or to any other company financing or distributing the applicable Motion PicturePicture or television series. The following shall not be considered Paid Ads or Excluded Ads for any purpose hereunder: videocassettes, videodiscs and other home video devices and the covers, packages, containers or jackets therefor (“Video Items”) ); publicity and promotional items and materials; advertising relating to subsidiary or ancillary rights in the applicable Picture or television series (including, but not limited to novelizations, screenplays or other publications, products, merchandising, music publishing or soundtrack recordings); voiceovers; advertising, publicity and exploitation relating to by-products or commercial tie-ins; and other advertising not relating primarily to the applicable Motion PicturePicture or television series.

Appears in 1 contract

Samples: License Agreement

EXCLUSIONS AND EXCEPTIONS. The Producer's Paid Ad credit obligations shall not apply to the following Paid Ads ("Excluded Ads"): group, list, institutional or so-called teaser advertising; special advertising (e.g., announcements of commencement and/or completion of principal photography, advertising regarding box office gross receipts, etc.); announcement advertising; advertising relating primarily to the Source Material source material upon which a Motion the Picture is based, or to the author, any member of the cast, the director(sProducer(s), writer(sArtist(s) or any other personnel involved with the production of the applicable Motion Picture; so-called "award" or "congratulatory" advertisements, including advertisements or announcements relating to consideration or nomination for an award; trailers (including promotional films) or other advertising; screen, radio or television advertising; advertising in narrative form; advertising for film festivals, film markets and the like; advertising one-half page advertising1/2page (or the equivalent in SAU’s's) in size or less; outdoor advertising (including, but not no limited to so-called to, 24-sheets); theater display advertising; advertising in which no credit is accorded other than credit to actors one or two stars of the Picture and/or to Producer and/or to any other company financing or distributing the applicable Motion Picture. The following items shall not be considered Paid Ads or Excluded Ads for any purpose purposes hereunder: videocassettes, videodiscs and other home video devices and the covers, packages, containers or jackets therefor therefor; publicity or promotional items and materials; advertising relating to subsidiary or ancillary rights in the Picture (“Video Items”) including, but not limited to, novelizations, screenplays or other publications, products, merchandising, music publishing or soundtrack recordings); voice-overs; advertising, publicity and exploitation relating to by-products or commercial tie-ins; and other advertising not relating primarily to the applicable Motion Picture; or other customary excluded advertising of any distributor(s) of the Picture.

Appears in 1 contract

Samples: Producer Agreement (Total Film Group Inc)

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EXCLUSIONS AND EXCEPTIONS. The Producer's Paid Ad credit obligations shall not apply to the following Paid Ads ("Excluded Ads"): group, list, institutional or so-called teaser advertising; special advertising (e.g., announcements of commencement and/or completion of principal photography, advertising regarding box office gross receipts, etc.); announcement advertising; advertising relating primarily to the Source Material source material upon which a Motion the Picture is based, or to the author, any member of the cast, the director(sProducer(s), writer(sArtist(s) or any other personnel involved with the production of the applicable Motion Picture; so-called "award" or "congratulatory" advertisements, including advertisements or announcements relating to consideration or nomination for an award; trailers (including promotional films) or other advertising; screen, radio or television advertising; advertising in narrative form; advertising for film festivals, film markets and the like; advertising one-half % page (or the equivalent in SAU’sSAG's) in size or less; outdoor advertising (including, but not no limited to so-called to, 24-sheets); theater display advertisingadvertising ; advertising in which no credit is accorded other than credit to actors one or two stars of the Picture and/or to Producer and/or to any other company financing or distributing the applicable Motion Picture. The following items shall not be considered Paid Ads or Excluded Ads for any purpose purposes hereunder: videocassettes, videodiscs and other home video devices and the covers, packages, containers or jackets therefor therefore; publicity or promotional items and materials; advertising relating to subsidiary or ancillary rights in the Picture (“Video Items”) including, but not limited to, novelizations, screenplays or other publications, products, merchandising, music publishing or soundtrack recordings); voice-overs; advertising, publicity and exploitation relating to by-products or commercial tie-ins; and other advertising not relating primarily to the applicable Motion Picture; or other customary excluded advertising of any distributor(s) of the Picture.

Appears in 1 contract

Samples: Producer Agreement (Total Film Group Inc)

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