Format Holdback Period. In the event that Channel 4 does not wish to commission Further Programme(s), the Producer shall then be at liberty to start to exploit Further Programme(s) in the Territory following expiry of a 12 calendar month period from first transmission of the Programme(s) or, in the case of a Series, of the last episode or last Programme(s) in such Series on the Channel 4 Service or More4 Service (“Format Holdback Period”). In addition, Channel 4 agrees that if Channel 4 does not wish to commission Further Programme(s), then on expiry of the Format Holdback Period the Producer shall be entitled to start to exploit Changed Format Programme(s) in the Territory, subject to Channel 4’s right to a share of Net Receipts from such exploitation and provided that (i) the Changed Format Programme(s) do not include Contributors who have direct agreements with Channel 4 at the time of expiry of the Format Holdback Period; (ii) Channel 4 has approval of the title of the Changed Format Programme(s) in the Territory if such title is (in Channel 4’s reasonable opinion) similar to the title of the Programme(s); and (iii) the Producer grants to Channel 4 the right of first negotiation as set out in Clause 25(h) below. For the avoidance of doubt, prior to expiry of the Format Holdback Period, the Producer warrants and agrees that it will not and will not authorise any third party to exploit, market or promote any Changed Format Programme(s) and/or any other programmes based on the Format in the Territory. In the event Channel 4 does not wish to commission Further Programme(s) Channel 4 shall be entitled, in perpetuity, to receive a 15 per cent share of net receipts (“net receipts” for the purpose of this clause shall be the Format licence fee paid by the relevant production company, and (if applicable), in the event the production is made by the Producer, or an affiliated company, the share of net receipts shall be deemed to be 3% of the production budget derived from exploitation of the Format in the Territory. The Producer undertakes that it will not whilst Channel 4 has a recommissioning right dispose of any sets, props, costumes, equipment or the like or relinquish any on-going right to use a location without the prior written approval of Channel 4. Channel 4 shall, unless the costs are already included in the Budgeted Cost/Fixed Price, meet the costs of storage provided these are agreed in advance in writing.
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Samples: Commissioning Agreement, Commissioning Agreement, Commissioning Agreement
Format Holdback Period. In the event that Channel 4 does not wish to commission Further Programme(s), the Producer shall then be at liberty to start to exploit Further Programme(s) in the Territory following expiry of a 12 calendar month period from first transmission of the Programme(s) or, in the case of a Series, of the last episode or last Programme(s) in such Series on the Channel 4 Service or More4 Service (“Format Holdback Period”). In addition, Channel 4 agrees that if Channel 4 does not wish to commission Further Programme(s), then on expiry of the Format Holdback Period the Producer shall be entitled to start to exploit Changed Format Programme(s) in the Territory, subject to Channel 4’s right to a share of Net Receipts from such exploitation and provided that (i) the Changed Format Programme(s) do not include Contributors who have direct agreements with Channel 4 at the time of expiry of the Format Holdback Period; (ii) Channel 4 has approval of the title of the Changed Format Programme(s) in the Territory if such title is (in Channel 4’s reasonable opinion) similar to the title of the Programme(s); and (iii) the Producer grants to Channel 4 the right of first negotiation as set out in Clause 25(h) below. For the avoidance of doubt, prior to expiry of the Format Holdback Period, the Producer warrants and agrees that it will not and will not authorise any third party to exploit, market or promote any Changed Format Programme(s) and/or any other programmes based on the Format in the Territory. In the event Channel 4 does not wish to commission Further Programme(s) Channel 4 shall be entitled, in perpetuity, to receive a 15 per cent share of net receipts (“net receipts” for the purpose of this clause shall be the Format licence fee paid by the relevant production company, and (if applicable), in the event the production is made by the Producer, or an affiliated company, the share of net receipts shall be deemed to be 3% of the production budget derived from exploitation of the Format in the Territory. The Producer undertakes that it will not whilst Channel 4 has a recommissioning right dispose of any sets, props, costumes, equipment or the like or relinquish any on-going right to use a location without the prior written approval of Channel 4. Channel 4 shall, unless the costs are already included in the Budgeted Cost/Fixed Price, meet the costs of storage provided these are agreed in advance in writing.
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