Common use of Kill Fee Clause in Contracts

Kill Fee. In the event the Work is not published in any format within two years of author’s signature date of this Agreement as a result of the Publisher’s actions, decisions, or omissions, a kill fee in the amount of 30% of the payment for rights defined in Sections 1a, 1b, and 1c of this Agreement will be paid to the Author (the “Kill Fee”) unless the Author has already received payment equal to the amount defined in Section 2 of this Agreement. In the event the Work is not published through no fault of the Publisher, then the Kill Fee shall not be due. In the event that the Kill Fee is owed, this Agreement shall terminate upon payment of the Kill Fee, and the grant of rights in and to the Work shall terminate.