Common use of Exports Clause in Contracts

Exports. 9.1 The Producer may elect to export Discs to a licensee, affiliate or importer in a territory outside the United Kingdom without paying royalties thereon under this Agreement provided that: (a) such licensee, affiliate or importer has an agreement with the Associated Society responsible for the collection of mechanical royalties in the territory to which such Discs are being exported under which such party is liable to pay mechanical royalties on such Discs; and (b) the Society has not notified the Producer that such party has failed to comply with that agreement in a material respect; and (c) at the same time as submitting the Statement of Shipments referred to in clause 20, the Producer delivers a separate statement identifying the gross number of Discs by Catalogue Number and Relevant Format which have been exported royalty-free under this provision, and the name and address of the licensee, affiliate or importer to whom such Discs have been supplied. 9.2 Where the Producer has not elected to export any Discs royalty-free under clause 9.1, the Producer shall pay royalties on Discs exported to a territory outside the United Kingdom in accordance with the provisions of this Agreement provided that: (a) in relation to Discs exported to a territory within the EU, the royalty rate provided for in clause 7 shall be applied to the PPD or Retail Price (as the case may be) of the Discs in the territory to which the Discs are exported; (b) in relation to Discs exported to a territory outside the EU, the royalty shall be calculated in accordance with the appropriate standard mechanical rights agreement or (in default thereof) in accordance with the law in the territory to which the Discs are exported. Where the Society and a relevant trade association of which the Producer is a member agree a system for calculation of royalties which is different to those contained in clauses 9.2(a) and (b) above, then that system shall apply to exports under this Agreement instead of clauses 9.2(a) and (b). 9.3 Save where the Producer makes the election under clause 9.1 in relation to all copies of the relevant Disc per territory per Catalogue Number in the particular Quarter, exports not exceeding 100 Discs per territory per Catalogue Number per Quarter shall be deemed not to be exports and royalties thereon shall be calculated and paid fully in accordance with this Agreement. 9.4 Any export of Discs shall be subject to the exercise of any rights subsisting and lawfully exercisable in any territory to which such Discs are exported to prevent or control the importation of Discs into and distribution of Discs within such territory.

Exports. 9.1 The Subject to clause 19.1 the Producer may elect to export Discs Product to a licensee, affiliate or importer in a territory outside the United Kingdom without paying royalties thereon under this Agreement provided that: (a) 9.1.1 such licensee, affiliate or importer has an agreement with the Associated Society responsible for the collection of mechanical royalties in the territory to which such Discs are Product is being exported under which such party is liable to pay mechanical royalties on such Discs; andProduct; (b) 9.1.2 the Society has not notified the Producer that such party has failed to comply with that agreement in a material respect; and (c) 9.1.3 at the same time as submitting the Statement of Shipments referred to in clause 2019, the Producer delivers a separate statement identifying the gross number of Discs sales of each Product by Catalogue Number and Relevant Format which have been exported royalty-free under this provision, and the name and address of the licensee, affiliate or importer to whom such Discs have Product has been supplied. 9.2 Where the Producer has not elected to export any Discs Product royalty-free under clause 9.1, the Producer shall pay royalties on Discs Product exported to a territory outside the United Kingdom in accordance with the provisions of this Agreement provided that: (a) 9.2.1 in relation to Discs Product exported to a territory within the EU, the royalty rate provided for in clause 7 shall be applied to the PPD or Retail Price (as the case may be) of the Discs Product in the territory to which the Discs are Product is exported;; and (b) 9.2.2 in relation to Discs Product exported to a territory outside the EU, the royalty shall be calculated in accordance with the appropriate standard mechanical rights agreement local terms and conditions or (in default thereof) in accordance with the law in the territory to which the Discs are Product is exported. . 9.3 Where the Society and a relevant trade association of which the Producer is a member agree a system for calculation of royalties which is different to those contained in clauses 9.2(a) and (b) above, then that system shall apply to exports under this Agreement instead of clauses 9.2(a) and (b). 9.3 Save where the Producer makes the election under clause 9.1 in relation to all copies of the relevant Disc per territory per Catalogue Number in the particular Quarter, exports not exceeding 100 Discs per territory per Catalogue Number per Quarter shall be deemed not to be exports and royalties thereon shall be calculated and paid fully in accordance with this Agreement. 9.4 Any export of Discs shall be subject to the exercise of any rights subsisting and lawfully exercisable in any territory to which such Discs are exported to prevent or control the importation of Discs into and distribution of Discs within such territory.9.2.1 and

Exports. 9.1 13.1 The Producer may elect to export Discs to a licensee, affiliate or importer in a territory outside the United Kingdom without paying royalties thereon under this Agreement provided that:that:- (a) such licensee, affiliate or importer has an agreement with the Associated Society responsible for the collection of mechanical royalties in the territory to which such Discs are being exported under which such party is liable to pay mechanical royalties on such Discs; and (b) the Society has not notified the Producer that such party has failed to comply with that agreement in a material respect; and (c) at the same time as submitting the Statement of Shipments referred to in clause 2025, the Producer delivers a separate statement identifying the gross number of Discs by Catalogue Number and Relevant Format which have been exported royalty-free under this provision, and the name and address of the licensee, affiliate or importer to whom such Discs have been supplied. 9.2 13.2 Where the Producer has not elected to export any Discs royalty-free under clause 9.113.1, the Producer shall pay royalties on Discs exported to a territory outside the United Kingdom in accordance with the provisions of this Agreement provided that:that:- (a) in relation to Discs exported to a territory within the EUEC, the royalty rate provided for in clause 7 11 shall be applied to the PPD or Retail Price fixed or suggested retail price (as the case may be) of the Discs in the territory to which the Discs are exported; (b) in relation to Discs exported to a territory outside the EUEC, the royalty shall be calculated in accordance with the appropriate standard mechanical rights agreement or (in default thereof) in accordance with the law in the territory to which the Discs are exported. Where the Society and a relevant trade association of which the Producer is a member agree a system for calculation of royalties which is different to those contained in clauses 9.2(a) and (b) above, then that system shall apply to exports under this Agreement instead of clauses 9.2(a) and (b). 9.3 13.3 Save where the Producer makes the election under clause 9.1 13.1 in relation to all copies of the relevant Disc per territory per Catalogue Number in the particular Quarter, exports not exceeding 100 500 Discs per territory per Catalogue Number per Quarter shall be deemed not to be exports and royalties thereon shall be calculated and paid fully in accordance with this Agreement. 9.4 13.4 Any export of Discs shall be subject to the exercise of any rights subsisting and lawfully exercisable in any territory to which such Discs are exported to prevent or control the importation of Discs into and distribution of Discs within such territory.

Exports. 9.1 13.1 The Producer may elect to export Discs to a licensee, affiliate or importer in a territory outside the United Kingdom Ireland without paying royalties thereon under this Agreement provided that:that:- (a) such licensee, affiliate or importer has an agreement with the Society or the Associated Society responsible for the collection of mechanical royalties in the territory to which such Discs are being exported under which such party is liable to pay mechanical royalties on such Discs; and (b) the Society Licensor has not notified the Producer that such party has failed to comply with that agreement in a material respect; and (c) at the same time as submitting the Statement of Shipments referred to in clause 2025, the Producer delivers a separate statement identifying the gross number of Discs by Catalogue Number and Relevant Format which have been exported royalty-free under this provision, and the name and address of the licensee, affiliate or importer to whom such Discs have been supplied. 9.2 13.2 Where the Producer has not elected to export any Discs royalty-free under clause 9.113.1, the Producer shall pay royalties on Discs exported to a territory outside the United Kingdom Ireland in accordance with the provisions of this Agreement provided that:that:- (a) in relation to Discs exported to a territory within the EU, the royalty rate provided for in clause 7 11 shall be applied to the PPD or Retail Price fixed or suggested retail price (as the case may be) of the Discs in the territory to which the Discs are exported; (b) in relation to Discs exported to a territory outside the EU, the royalty shall be calculated in accordance with the appropriate standard mechanical rights agreement or (in default thereof) in accordance with the law in the territory to which the Discs are exported. Where the Society and a relevant trade association of which the Producer is a member agree a system for calculation of royalties which is different to those contained in clauses 9.2(a) and (b) above, then that system shall apply to exports under this Agreement instead of clauses 9.2(a) and (b). 9.3 13.3 Save where the Producer makes the election under clause 9.1 13.1 in relation to all copies of the relevant Disc per territory per Catalogue Number in the particular Quarter, exports not exceeding 100 500 Discs per territory per Catalogue Number per Quarter shall be deemed not to be exports and royalties thereon shall be calculated and paid fully in accordance with this Agreement. 9.4 13.4 Any export of Discs shall be subject to the exercise of any rights subsisting and lawfully exercisable in any territory to which such Discs are exported to prevent or control the importation of Discs into and distribution of Discs within such territory.

Exports. 9.1 The Subject to clause 19.1 the Producer may elect to export Discs Product to a licensee, affiliate or importer in a territory outside the United Kingdom Ireland without paying royalties thereon under this Agreement provided that: (a) 9.1.1 such licensee, affiliate or importer has an agreement with the Associated Society responsible for the collection of mechanical royalties in the territory to which such Discs are Product is being exported under which such party is liable to pay mechanical royalties on such Discs; andProduct; (b) 9.1.2 the Society has not notified the Producer that such party has failed to comply with that agreement in a material respect; and (c) 9.1.3 at the same time as submitting the Statement of Shipments referred to in clause 2019, the Producer delivers a separate statement identifying the gross number of Discs sales of each Product by Catalogue Number and Relevant Format which have been exported royalty-free under this provision, and the name and address of the licensee, affiliate or importer to whom such Discs have Product has been supplied. 9.2 Where the Producer has not elected to export any Discs Product royalty-free under clause 9.1, the Producer shall pay royalties on Discs Product exported to a territory outside the United Kingdom Ireland in accordance with the provisions of this Agreement provided that: (a) 9.2.1 in relation to Discs Product exported to a territory within the EU, the royalty rate provided for in clause 7 shall be applied to the PPD or Retail Price (as the case may be) of the Discs Product in the territory to which the Discs are Product is exported;; and (b) 9.2.2 in relation to Discs Product exported to a territory outside the EU, the royalty shall be calculated in accordance with the appropriate standard mechanical rights agreement local terms and conditions or (in default thereof) in accordance with the law in the territory to which the Discs are Product is exported. Where the Society and a relevant trade association of which the Producer is a member agree a system for calculation of royalties which is different to those contained in clauses 9.2(a) 9.2.1 and (b) 9.2.2 above, then that system shall apply to exports under this Agreement instead of clauses 9.2(a) 9.2.1 and (b)9.2.2. 9.3 Save where the Producer makes the election under clause 9.1 in relation to all copies of the relevant Disc Product per territory per Catalogue Number in the particular Quarter, exports not exceeding 100 Discs units of Product per territory per Catalogue Number per Quarter shall be deemed not to be exports and royalties thereon shall be calculated and paid fully in accordance with this Agreement. 9.4 Any export of Discs Product shall be subject to the exercise of any rights subsisting and lawfully exercisable in any territory to which such Discs are Product is exported to prevent or control the importation of Discs Product into and distribution of Discs Product within such territory.