Common use of Late Reporting Clause in Contracts

Late Reporting. 7.1 The following provision applies where the Licensee has: (a) failed to deliver prior to the required date fully complete Music Usage Information; or (b) delivered such Music Usage Information prior to the required date, but it contains any material omission or error of whatsoever nature (by way of example only, a Repertoire Work having been omitted therefrom or incorrectly or misleadingly named) and the Licensee has failed to give notice in writing to the Licensors correcting the omission or error by the required date. 7.2 In such circumstances, the Licensee shall pay the fees set out in clauses 7.3 and 7.4 (in addition to those set out in clause 4). 7.3 Separately in relation to each relevant Repertoire Work either omitted from the relevant Music Usage Information or as regards which there was a material omission or error of whatsoever nature or in relation to which the relevant Music Usage Information was not delivered, the additional fees shall be calculated at the rate equivalent to that which has been or will be paid by the Licensors to its Member(s) in relation to the Music Usage Information which was submitted prior to the required date. 7.4 The Licensee will also pay interest on such additional fees computed in accordance with clause 5.4 and calculated from the date on which the Licensors first made a distribution to its Member(s) in relation to the relevant period to the date on which the Music Usage Information was received by the Licensors or the date on which the Licensors received written notice of the relevant error, as the case may be. 7.5 The provisions of this clause 7 apply notwithstanding any other provision of this Agreement, but are without prejudice to any other right which the Licensors have in relation to any failure to submit Reporting Form and/or Music Usage Information fully or accurately completed within the time stipulated in clause 6.1.