Common use of Obligations of the Licensee Under this Agreement Clause in Contracts

Obligations of the Licensee Under this Agreement. The Licensee hereby assumes all of the Company’s obligations under the Sound Recording Labor Agreement with respect to the Covered Products, as follows: a. With respect to the use of one or more Covered Products for any purpose set forth in the Sound Recording Labor Agreement, the Licensee will comply with all of the payment, reporting, and audit requirements of the applicable Sound Recording Labor Agreement, the Sound Recording Special Payments Fund Agreement and Sound Recording Trust Agreement. b. With respect to the use of one or more Covered Products for a purpose not covered under the Sound Recording Labor Agreement (also known as a “new use”), the Licensee will pay to all musicians who rendered services in the recording of the Covered Record an amount equal to all payments (including, without limitation, pension contributions, but excluding health and welfare contributions) that would be required under the AFM agreement that would then apply if the recording were originally made for the purpose set forth under that agreement. The rights of the Licensee to use such Covered Product shall be subject to and conditioned upon compliance with the terms and conditions of this paragraph 2, and the Federation (acting on behalf of any affected musician) and the Funds shall be entitled to seek injunctive relief and damages against the Licensee in the event the Licensee does not comply with the terms of this paragraph 2.

Obligations of the Licensee Under this Agreement. The Licensee hereby assumes all of the Company’s obligations under the Sound Recording Phonograph Record Labor Agreement with respect to the Covered ProductsPhonograph Records, as follows: a. (a) With respect to the use of one or more Covered Products Phonograph Records for any purpose set forth in the Sound Recording Labor Agreement, the Licensee will comply with all of the payment, reporting, and audit requirements of the applicable Sound Recording Labor Agreement, the Sound Recording Special Payments Fund Agreement and Sound Recording Trust Agreement. b. (b) With respect to the use of one or more Covered Products Phonograph Records for a purpose not covered under the Sound Recording Labor Agreement (also known as a “new use”), the Licensee will pay to all musicians who rendered services in the recording of the Covered Phonograph Record an amount equal to all payments (including, without limitation, pension contributions, but excluding health and welfare contributions) that would be required under the AFM agreement that would then apply if the recording were originally made for the purpose set forth under that agreement. The rights of the Licensee to use such Covered Product Phonograph Records shall be subject to and conditioned upon compliance with the terms and conditions of this paragraph 2, and the Federation (acting on behalf of any affected musician) and the Funds shall be entitled to seek injunctive relief and damages against the Licensee in the event the Licensee does not comply with the terms of this paragraph 2.

Obligations of the Licensee Under this Agreement. The Licensee hereby assumes all of the Company’s obligations under the Sound Recording Labor Agreement with respect to the Covered ProductsProduct, as follows: a. (a) With respect to the use of one or more Covered Products Product for any purpose set forth in the Sound Recording Labor Agreement, the Licensee will comply with all of the payment, reporting, and audit requirements of the applicable Sound Recording Labor Agreement, the Sound Recording Special Payments Fund Agreement and Sound Recording Trust Agreement. b. (b) With respect to the use of one or more Covered Products Product for a purpose not covered under the Sound Recording Labor Agreement (also known as a “new use”), the Licensee will pay to all musicians who rendered services in the recording of the Covered Record Product an amount equal to all payments (including, without limitation, pension contributions, but excluding health and welfare contributions) that would be required under the AFM agreement that would then apply if the recording were originally made for the purpose set forth under that agreement. The rights of the Licensee to use such Covered Product shall be subject to and conditioned upon compliance with the terms and conditions of this paragraph 2, and the Federation (acting on behalf of any affected musician) and the Funds shall be entitled to seek injunctive relief and damages against the Licensee in the event the Licensee does not comply with the terms of this paragraph 2.