New Recordings Sample Clauses
New Recordings. Madacy will make available, as part of the continuing License, all new recordings which it is entitled to make available (ie. any owned recordings and any recordings which are sub-licensable) subject to Traffix being responsible for any third party payments relating to the use of such Masters. Madacy agrees to continuously deliver all new recordings to Traffix on an orderly and timely basis and, in no event, less frequently than once per month. Notwithstanding the generality of the foregoing, in the event that Madacy is ever the subject of a merger or acquisition or other reorganization with another entity, Madacy shall continue to make available all new recordings which it is entitled to make available and which are obtained as part of the continuing carrying on of Madacy’s business. Such continuing obligation shall not, however, extend to any recordings owned or controlled by the other entity or its affiliates at the time of the merger or acquisition or other reorganization or which are acquired subsequently by the other entity or its affiliates in the carrying on of its business. Notwithstanding the generality of the foregoing, in the event that such merger, acquisition or other reorganization occurs prior to December 31, 2008, and, following such merger, acquisition or other reorganization, Madacy ceases to conduct business as a separate business entity, the entity other than Madacy that survives the merger, acquisition or other reorganization shall continue until at least December 31, 2008 to provide Traffix with new recordings of music at levels consistent with the past practices of Madacy.
