Other Exploitation Clause Samples
Other Exploitation. Except as may be expressly set forth in this Agreement to the contrary, nothing in this Agreement prevents or restricts the production, distribution, exhibition and exploitation of any motion picture, television production or other audio visual production or the sales or rental of copies thereof or the exploitation of any publishing, merchandising or any other exploitation in any manner or media of any rights of any kind of nature now or hereafter known.
Other Exploitation. Macromedia shall be entitled to receive 10% of all AGI received by SLM from all other exploitation of the SLM/Shockwave Series and any elements thereof (including, without limitation, any Key Characters) including, without limitation, advertising on SLM sites, merchandising, ancillary media productions, etc. SLM shall be responsible for all such exploitation or shall have the right to designate third parties as its agents for such purposes; provided, the fee charged by SLM for such purposes (inclusive of any third party fee) shall not exceed 30%. SLM shall consult in good faith with Macromedia with respect to such exploitation. In the event that income is derived from the exploitation of SLM/Shockwave Series together with other SLM owned properties, SLM shall make a good faith allocation.