Common use of Low Budget SVOD Programs Clause in Contracts

Low Budget SVOD Programs. (a) The terms and conditions set forth in this Paragraph D.(2) shall be applicable prospectively only. They shall not apply to: (i) any program or series that would otherwise qualify as a “Low Budget SVOD Program” within the meaning of this Sideletter, for which the principal photography of the program, in the case of a one- time program, or the principal photography of the first episode, in the case of a series, commenced prior to August 1, 2022; or (ii) any program or series that would otherwise qualify as a “Low Budget SVOD Program” within the meaning of this Sideletter, for which the principal photography of the program or the first episode of the series commenced after August 1, 2022, if such program or series were produced pursuant to the terms of a bona fide license agreement with fixed and definite terms entered into by the Producer prior to August 1, 2022. “However, if such license agreement is entered into subject to conditions precedent, then all such conditions must be satisfied prior to August 1, 2022. “Any program or series described in subparagraphs (i) or (ii) above shall be subject to Paragraph D.(1) of this Sideletter. However, with respect to any such program or series described in subparagraphs (i) or (ii) above, if the licensee orders additional programs or episodes pursuant to the terms of the license agreement after August 1, 2022 and the Producer has the right to negotiate with respect to the material terms and conditions of the license for the additional programs or episodes, then such additional programs or episodes shall be subject to this Paragraph D.(2).2 “Notwithstanding the foregoing, the Producer shall not reduce the terms and conditions of employment previously provided to IATSE-represented employees on programs or series covered by subparagraphs (i) or (ii) above. (b) Low Budget SVOD Programs Defined “The terms and conditions set forth in Paragraph D.(2)(c) of this Sideletter shall be applicable only to covered original, live action dramatic new media productions (other than an “Experimental New Media Production”) made for initial exhibition on a subscription video-on-demand consumer pay platform which meet the following criteria (hereinafter “Low Budget SVOD Programs”): 2 In the event that Producer asserts that a program or series is grandfathered under the provisions of the second paragraph of Paragraph D.(2)(a) above, a limited number of representatives of the IATSE, subject to the execution of a confidentiality agreement satisfactory in form to Producer, may inspect those portions of the license agreement that are relevant to determine whether the Producer had the right to renegotiate with respect to the material terms and conditions of the license for the additional programs or episodes. All information received or reviewed by representatives of the IATSE shall be kept confidential, and neither the IATSE nor its representatives shall disclose any such information, except as necessary to enforce its rights under this Agreement. “Length of Program “Low Budget” Threshold as Initially Exhibited* 20-35 Minutes Less than $900,000 36-65 Minutes Less than $1,750,000 66 Minutes or more Less than $2,100,000 “* Original, live action dramatic new media productions which are less than 20 minutes in length and made for initial exhibition on a subscription video-on-demand consumer pay platform are not subject to this Paragraph D.(2) and, instead, are subject to Paragraph D.(1) of this Sideletter, regardless of their budgets.

Low Budget SVOD Programs. (a) The terms and conditions set forth in this Paragraph D.(2) shall be applicable prospectively only. They shall not apply to: (i) any program or series that would otherwise qualify as a “‘Low Budget SVOD Program” ’ within the meaning of this Sideletter, for which the principal photography of the program, in the case of a one- one-time program, or the principal photography of the first episode, in the case of a series, commenced prior to August 1February 26, 20222023; or or “(ii) any program or series that would otherwise qualify as a “‘Low Budget SVOD Program” ’ within the meaning of this Sideletter, for which the principal photography of the program or the first episode of the series commenced on or after August 1February 26, 20222023, if such program or series were was produced pursuant to the terms of a bona fide license agreement with fixed and definite terms entered into by the Producer Employer prior to August 1February 26, 20222023. “However, if such license agreement is entered into subject to conditions precedent, then all such conditions must be satisfied prior to August 1February 26, 20222023. “Any program or series described in subparagraphs (i) or (ii) above shall be subject to Paragraph D.(1) of this Sideletter. However, with respect to any such program or series described in subparagraphs (i) or (ii) above, if the licensee orders additional programs or episodes pursuant to the terms of the license agreement after August 1February 26, 2022 2023 and the Producer Employer has the right to negotiate with respect to the material terms and conditions of the license for the additional programs or episodes, then such additional programs or episodes shall be subject to this Paragraph D.(2).2 “Notwithstanding the foregoing, the Producer Employer shall not reduce the terms and conditions of employment previously provided to IATSELocal #798-represented employees on programs or series covered by subparagraphs (i) or (ii) above. (b) Low Budget SVOD Programs Defined . 2 “The terms and conditions set forth in Paragraph D.(2)(c) of this Sideletter shall be applicable only to covered original, live action dramatic new media productions (other than an “Experimental New Media Production”) made for initial exhibition on a subscription video-on-demand consumer pay platform which meet the following criteria (hereinafter “Low Budget SVOD Programs”): 2 In the event that Producer the Employer asserts that a program or series is grandfathered under the provisions of the second paragraph of Paragraph D.(2)(a) above, a limited number of representatives of the IATSE, subject to the execution of a confidentiality agreement satisfactory in form to Producerthe Employer, may inspect those portions of the license agreement that are relevant to determine whether the Producer Employer had the right to renegotiate with respect to the material terms and conditions of the license for the additional programs or episodes. All information received or reviewed by representatives of the IATSE shall be kept confidential, and neither the IATSE nor its representatives shall disclose any such information, except as necessary to enforce its rights under this Agreement. .” (b) Low Budget SVOD Programs Defined “The terms and conditions set forth in Paragraph D.(2)(c) of this Sideletter shall be applicable only to covered original, live action dramatic new media productions (other than an ‘Experimental New Media Production’) made for initial exhibition on a subscription video-on-demand consumer pay platform which meet the following criteria (hereinafter ‘Low Budget SVOD Programs’): “Length of Program “‘Low Budget” ’ Threshold as Initially Exhibited* 20-35 Minutes Less than $900,000 36-65 Minutes Less than $1,750,000 66 Minutes or more Less than $2,100,000 “* Original, live action dramatic new media productions which are less than 20 minutes in length and made for initial exhibition on a subscription video-on-demand consumer pay platform are not subject to this Paragraph D.(2) ), and, instead, are subject to Paragraph D.(1) of this Sideletter, regardless of their budgets.

Low Budget SVOD Programs. (a) The terms and conditions set forth in this Paragraph D.(2) shall be applicable prospectively only. They shall not apply to: (i) any program or series that would otherwise qualify as a “Low Budget SVOD Program” within the meaning of this Sideletter, for which the principal photography of the program, in the case of a one- time program, or the principal photography of the first episode, in the case of a series, commenced prior to August 1, 2022; or (ii) any program or series that would otherwise qualify as a “Low Budget SVOD Program” within the meaning of this Sideletter, for which the principal photography of the program or the first episode of the series commenced after August 1, 2022, if such program or series were produced pursuant to the terms of a bona fide license agreement with fixed and definite terms entered into by the Producer prior to August 1, 2022. “However, if such license agreement is entered into subject to conditions precedent, then all such conditions must be satisfied prior to August 1, 2022. Deadline “Any program or series described in subparagraphs (i) or (ii) above shall be subject to Paragraph D.(1) of this Sideletter. However, with respect to any such program or series described in subparagraphs (i) or (ii) above, if the licensee orders additional programs or episodes pursuant to the terms of the license agreement after August 1, 2022 and the Producer has the right to negotiate with respect to the material terms and conditions of the license for the additional programs or episodes, then such additional programs or episodes shall be subject to this Paragraph D.(2).2 “Notwithstanding the foregoing, the Producer shall not reduce the terms and conditions of employment previously provided to IATSE-represented employees on programs or series covered by subparagraphs (i) or (ii) above. (b) Low Budget SVOD Programs Defined “The terms and conditions set forth in Paragraph D.(2)(c) of this Sideletter shall be applicable only to covered original, live action dramatic new media productions (other than an “Experimental New Media Production”) made for initial exhibition on a subscription video-on-demand consumer pay platform which meet the following criteria (hereinafter “Low Budget SVOD Programs”): 2 In the event that Producer asserts that a program or series is grandfathered under the provisions of the second paragraph of Paragraph D.(2)(a) above, a limited number of representatives of the IATSE, subject to the execution of a confidentiality agreement satisfactory in form to Producer, may inspect those portions of the license agreement that are relevant to determine whether the Producer had the right to renegotiate with respect to the material terms and conditions of the license for the additional programs or episodes. All information received or reviewed by representatives of the IATSE shall be kept confidential, and neither the IATSE nor its representatives shall disclose any such information, except as necessary to enforce its rights under this Agreement. “Length of Program “Low Budget” Threshold as Initially Exhibited* 20-35 Minutes Less than $900,000 36-65 Minutes Less than $1,750,000 66 Minutes or more Less than $2,100,000 Deadline “* Original, live action dramatic new media productions which are less than 20 minutes in length and made for initial exhibition on a subscription video-on-demand consumer pay platform are not subject to this Paragraph D.(2) and, instead, are subject to Paragraph D.(1) of this Sideletter, regardless of their budgets.

Low Budget SVOD Programs. (a) The terms and conditions set forth in this Paragraph D.(2) shall be applicable prospectively only. They shall not apply to: (i) any program or series that would otherwise qualify as a “Low Budget SVOD Program” within the meaning of this Sideletter, for which the principal photography of the program, in the case of a one- time program, or the principal photography of the first episode, in the case of a series, commenced prior to August 1, 2022; or (ii) any program or series that would otherwise qualify as a “Low Budget SVOD Program” within the meaning of this Sideletter, for which the principal photography of the program or the first episode of the series commenced after August 1, 2022, if such program or series were was produced pursuant to the terms of a bona fide license agreement with fixed and definite terms entered into by the Producer Employer prior to August 1, 2022. “However, if such license agreement is entered into subject to conditions precedent, then all such conditions must be satisfied prior to August 1, 2022. “Any program or series described in subparagraphs (i) or (ii) above shall be subject to Paragraph D.(1) of this Sideletter. However, with respect to any such program or series described in subparagraphs (i) or (ii) above, if the licensee orders additional programs or episodes pursuant to the terms of the license agreement after August 1, 2022 and the Producer Employer has the right to negotiate with respect to the material terms and conditions of the license for the additional programs or episodes, then such additional programs or episodes shall be subject to this Paragraph D.(2).2 “Notwithstanding the foregoing, the Producer Employer shall not reduce the terms and conditions of employment previously provided to IATSE-represented employees on programs or series covered by subparagraphs (i) or (ii) above. (b) Low Budget SVOD Programs Defined “The terms and conditions set forth in Paragraph D.(2)(c) of this Sideletter shall be applicable only to covered original, live action dramatic new media productions (other than an “Experimental New Media Production”) made for initial exhibition on a subscription video-on-demand consumer pay platform which meet the following criteria (hereinafter “Low Budget SVOD Programs”): 2 In the event that Producer asserts that a program or series is grandfathered under the provisions of the second paragraph of Paragraph D.(2)(a) above, a limited number of representatives of the IATSE, subject to the execution of a confidentiality agreement satisfactory in form to Producer, may inspect those portions of the license agreement that are relevant to determine whether the Producer had the right to renegotiate with respect to the material terms and conditions of the license for the additional programs or episodes. All information received or reviewed by representatives of the IATSE shall be kept confidential, and neither the IATSE nor its representatives shall disclose any such information, except as necessary to enforce its rights under this Agreement. “Length of Program “Low Budget” Threshold as Initially Exhibited* 20-35 Minutes Less than $900,000 36-65 Minutes Less than $1,750,000 66 Minutes or more Less than $2,100,000 “* Original, live action dramatic new media productions which are less than 20 minutes in length and made for initial exhibition on a subscription video-on-demand consumer pay platform are not subject to this Paragraph D.(2) ), and, instead, are subject to Paragraph D.(1) of this Sideletter, regardless of their budgets. 2 In the event that the Employer asserts that a program or series is grandfathered under the provisions of the second paragraph of Paragraph D.(2)(a) above, a limited number of representatives of the IATSE, subject to the execution of a confidentiality agreement satisfactory in form to the Employer, may inspect those portions of the license agreement that are relevant to determine whether the Employer had the right to renegotiate with respect to the material terms and conditions of the license for the additional programs or episodes. All information received or reviewed by representatives of the IATSE shall be kept confidential, and neither the IATSE nor its representatives shall disclose any such information, except as necessary to enforce its rights under this Agreement.

Low Budget SVOD Programs. Deadline (a) The terms and conditions set forth in this Paragraph D.(2) shall be applicable prospectively only. They shall not apply to: (i) any program or series that would otherwise qualify as a “Low Budget SVOD Program” within the meaning of this Sideletter, for which the principal photography of the program, in the case of a one- time program, or the principal photography of the first episode, in the case of a series, commenced prior to August 1, 2022; or (ii) any program or series that would otherwise qualify as a “Low Budget SVOD Program” within the meaning of this Sideletter, for which the principal photography of the program or the first episode of the series commenced after August 1, 2022, if such program or series were produced pursuant to the terms of a bona fide license agreement with fixed and definite terms entered into by the Producer prior to August 1, 2022. “However, if such license agreement is entered into subject to conditions precedent, then all such conditions must be satisfied prior to August 1, 2022. “Any program or series described in subparagraphs (i) or (ii) above shall be subject to Paragraph D.(1) of this Sideletter. However, with respect to any such program or series described in subparagraphs (i) or (ii) above, if the licensee orders additional programs or episodes pursuant to the terms of the license agreement after August 1, 2022 and the Producer has the right to negotiate with respect to the material terms and conditions of the license for the additional programs or episodes, then such additional programs or episodes shall be subject to this Paragraph D.(2).2 Deadline “Notwithstanding the foregoing, the Producer shall not reduce the terms and conditions of employment previously provided to IATSE-represented employees on programs or series covered by subparagraphs (i) or (ii) above. (b) Low Budget SVOD Programs Defined “The terms and conditions set forth in Paragraph D.(2)(c) of this Sideletter shall be applicable only to covered original, live action dramatic new media productions (other than an “Experimental New Media Production”) made for initial exhibition on a subscription video-on-demand consumer pay platform which meet the following criteria (hereinafter “Low Budget SVOD Programs”): 2 In the event that Producer asserts that a program or series is grandfathered under the provisions of the second paragraph of Paragraph D.(2)(a) above, a limited number of representatives of the IATSE, subject to the execution of a confidentiality agreement satisfactory in form to Producer, may inspect those portions of the license agreement that are relevant to determine whether the Producer had the right to renegotiate with respect to the material terms and conditions of the license for the additional programs or episodes. All information received or reviewed by representatives of the IATSE shall be kept confidential, and neither the IATSE nor its representatives shall disclose any such information, except as necessary to enforce its rights under this Agreement. “Length of Program “Low Budget” Threshold as Initially Exhibited* 20-35 Minutes Less than $900,000 36-65 Minutes Less than $1,750,000 66 Minutes or more Less than $2,100,000 “* Original, live action dramatic new media productions which are less than 20 minutes in length and made for initial exhibition on a subscription video-on-demand consumer pay platform are not subject to this Paragraph D.(2) and, instead, are subject to Paragraph D.(1) of this Sideletter, regardless of their budgets. (c) Terms and Conditions Deadline “The terms and conditions applicable to a Low Budget SVOD Program shall be as provided in the Sideletter re Special Conditions for Long-Form Television Motion Pictures (Including Movies-of-the-Week, Mini-Series and Two (2) Hour Pilots for Which No Commitment for a Series Exists at the Time of the Pilot Order) (hereinafter the “Long-Form Sideletter”), regardless of where such Low Budget SVOD Program is produced, except that: (i) Employees employed on a Low Budget SVOD Program, other than post-production employees, shall be paid at the wage rates set forth in the “Made for Television Long-Form Agreement Rate Schedules” for the period two periods prior to the period in question (e.g., during the period July 31, 2022 to July 29, 2023, the wage rates for the period August 2, 2020 to July 31, 2021 shall apply); (ii) Paragraph 3 of the Long-Form Sideletter shall not apply. Post-production employees employed on a Low-Budget SVOD Program shall be paid at the wage rates set forth in Exhibit 1 to this Sideletter for the period two periods prior to the period in question (e.g., during the period July 31, 2022 to July 29, 2023, the wage rates for the period August 2, 2020 to July 31, 2021 shall apply); (iii) In lieu of Paragraph 4 of the Long-Form Sideletter, Paragraph E.