Music Performing Rights Sample Clauses

Music Performing Rights. Licensor represents and warrants that the performing rights in the music, if any, in the Programs are either: (a) controlled by Broadcast Music Inc., ASCAP, SESAC, or a performing rights society having jurisdiction in the Territory; or (b) in the public domain; or (c) controlled by Licensor to the extent required for the purposes of this license. Licensor does not represent or warrant that the Licensee may exercise the performing rights in the music without the payment of a performing rights royalty or license fee for music falling within category (a). Licensor shall furnish Licensee with all necessary information concerning the title, composer, and publisher of all such music; and
AutoNDA by SimpleDocs
Music Performing Rights. The Performing rights to all musical compositions contained in the Picture are: (i) controlled by the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc., (BMI) or similar organizations in other countries such as the Japanese Society of Rights of Authors and Composers (JASEAC), the Performing Right Society Ltd. (PRS), the Society of European Stage Authors and Composers (SESAC), the Societe des Auteurs Compositeurs Et Editeurs de Musique (SACEM), Gesellscraft fur Misikalische Auffuhrungs und Mechanische Vervielfaltigungsrechte (GEMA) or their affiliates, or (ii) in the public domain in the Territory, or (iii) controlled by Production Company to the extent required for the purposes of this Agreement and Production Company similarly controls or has licenses for any necessary synchronization and recording rights.
Music Performing Rights. Licensor represents and warrants that the performing rights in the music, if any, in the Programs are either: (a) controlled by Broadcast Music Inc., ASCAP, SESAC, or a performing rights society having jurisdiction in the Territory; or (b) in the public domain; or (c) controlled by Licensor to the extent required for the purposes of this license. Licensor agrees to indemnify and hold Licensee harmless from and against all claims, damages, liabilities, costs and expenses, arising out of the performance of any music in the Programs, or in connection with the permitted exhibition of the Programs hereunder, the performing rights in which do not fall within categories (a) and (b) above. Licensor does not represent or warrant that the Licensee may exercise the performing rights in the music without the payment of a performing rights royalty or license fee for music falling within category (a), and if Licensee is required to pay a performing rights royalty or license fee, Licensee shall be responsible for the payment thereof and shall indemnify and hold the Licensor Indemnified Parties harmless from such payment obligations and from all Losses resulting from Licensee’s failure to pay the same as and when due. Licensee agrees that it will not permit any of the Programs licensed herein to be exhibited unless Licensee has first obtained a valid license from the performing rights society having jurisdiction in the Territory and permitting Licensee to reproduce any music which forms a part of any of the Programs. Licensor shall furnish Licensee with all necessary information concerning the title, composer, and publisher of all such music.
Music Performing Rights. Distributor represents and warrants that the performing rights in all musical compositions contained in the Audiovisual Work(s) are: (a) controlled by Broadcast Music, Inc. ("BMI"), American Society of Composers, Authors & Publishers ("ASCAP"), SESAC, Inc. ("SESAC"), the applicable music publisher(s) or another licensor acting on behalf of the applicable music publisher, or (b) controlled by Distributor, or (c) in the public domain. Distributor will indemnify and hold Licensee harmless, subject to the provisions of Paragraph 5, against any claims which may arise out of the telecasting by Licensee of any music in the Audiovisual Work(s), the performing rights which come within category (b) above. Distributor shall furnish to BMI, ASCAP, SESAC, the applicable music publisher or other licensor which directly licenses the performing rights to the musical compositions contained in the Audiovisual Work(s) and to Television Music License Committee, all reasonably necessary information regarding the title, composer, and publisher of all such music. Licensee represents it has obtained the necessary licenses for the performance of music falling within category (a) above and agrees to indemnify and hold Distributor harmless from any and all liabilities arising from any failure to obtain such licenses.

Related to Music Performing Rights

  • Non-Performance of Other Covenants and Obligations Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to WWI by the Administrative Agent at the direction of the Required Lenders.

  • Non-Performance of Certain Covenants and Obligations The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a), (b), (c) and (e), Section 6.07, Section 6.11 or Article VII; or

  • Specific Performance and other Equitable Rights It is recognized and acknowledged that a breach by any party of any material obligations contained in this Agreement will cause the other party to sustain injury for which it would not have an adequate remedy at law for money damages. Accordingly, in the event of any such breach, any aggrieved party shall be entitled to the remedy of specific performance of such obligations and interlocutory, preliminary and permanent injunctive and other equitable relief in addition to any other remedy to which it may be entitled, at law or in equity.

  • Specific Performance and Remedies Shareholder acknowledges that it will be impossible to measure in money the damage to Parent if Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Parent will not have an adequate remedy at law or in equity. Accordingly, Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Parent has an adequate remedy at law. Shareholder agrees that Shareholder will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with Parent’s seeking or obtaining such equitable relief. In addition, after discussing the matter with Shareholder, Parent shall have the right to inform any third party that Parent reasonably believes to be, or to be contemplating, participating with Shareholder or receiving from Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Parent hereunder, and that participation by any such persons with Shareholder in activities in violation of Shareholder’s agreement with Parent set forth in this Agreement may give rise to claims by Parent against such third party.

  • Existence and Amounts of Liens and Obligations Whenever the Applicable Authorized Representative or any Authorized Representative shall be required, in connection with the exercise of its rights or the performance of its obligations hereunder, to determine the existence or amount of any Obligations of any Series, or the Shared Collateral subject to any Lien securing the Obligations of any Series, it may request that such information be furnished to it in writing by each other Authorized Representative and shall be entitled to make such determination on the basis of the information so furnished; provided, however, that if an Authorized Representative shall fail or refuse reasonably promptly to provide the requested information, the requesting Applicable Authorized Representative or Authorized Representative shall be entitled to make any such determination by such method as it may, in the exercise of its good faith judgment, determine, including by reliance upon a certificate of the Borrower. The Applicable Authorized Representative and each Authorized Representative may rely conclusively, and shall be fully protected in so relying, on any determination made by it in accordance with the provisions of the preceding sentence (or as otherwise directed by a court of competent jurisdiction) and shall have no liability to any Pledgor, any Secured Party or any other person as a result of such determination.

  • REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF The remedies provided in this Warrant shall be cumulative and in addition to all other remedies available under this Warrant and the other Transaction Documents, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the right of the Holder to pursue actual damages for any failure by the Company to comply with the terms of this Warrant. The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the holder of this Warrant shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required.

  • Injunctive Relief and Additional Remedy The Executive acknowledges that the injury that would be suffered by the Employer as a result of a breach of the provisions of this Agreement (including any provision of Sections 7 and 8) would be irreparable and that an award of monetary damages to the Employer for such a breach would be an inadequate remedy. Consequently, the Employer will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and the Employer will not be obligated to post bond or other security in seeking such relief. Without limiting the Employer's rights under this Section 9 or any other remedies of the Employer, if the Executive breaches any of the provisions of Section 7 or 8, the Employer will have the right to cease making any payments otherwise due to the Executive under this Agreement.

  • Specific Performance, Etc The parties recognize that if any provision of this Agreement is violated by the Company, Indemnitee may be without an adequate remedy at law. Accordingly, in the event of any such violation, Indemnitee shall be entitled, if Indemnitee so elects, to institute Proceedings, either in law or at equity, to obtain damages, to enforce specific performance, to enjoin such violation, or to obtain any relief or any combination of the foregoing as Indemnitee may elect to pursue.

  • Obligations Performed Purchaser shall (a) deliver to Seller those items required by Section 2.2, and (b) perform and comply in all material respects with all obligations and agreements required by this Agreement to be performed or complied with by it prior to or on the Effective Time.

Time is Money Join Law Insider Premium to draft better contracts faster.