Common use of Outgrading Clause in Contracts

Outgrading. 1. If photography or sound track of a principal performer is not used in a commercial or is subsequently edited out of a commercial, the principal performer shall be notified of such fact, in writing. Such elimination of the principal performer’s services shall not be effective retroactively and the principal performer shall be paid all holding fees and use fees for the use of such commercial up to the date he/she receives such notice. However, if the principal performer is notified within a period of 60 days after the completion of his/her employment but in no event later than 15 working days after the first use of the commercial that his/her photography or sound track, as the case may be, is not being utilized in the commercial and such is the fact, Producer shall not be obligated further to the principal performer with respect to the use of said commercial.

Outgrading. 1. If photography or sound track of a principal performer is not used in a commercial or is subsequently edited out of a commercial, the principal performer shall be notified of such fact, in writing. Such elimination of the principal performer’s 's services shall not be effective retroactively and the principal performer shall be paid all holding fees and use fees for the use of such commercial up to the date he/she receives such notice. However, if the principal performer is notified within a period of 60 days after the completion of his/her employment but in no event later than 15 working days after the first use of the commercial that his/her photography or sound track, as the case may be, is not being utilized in the commercial and such is the fact, Producer shall not be obligated further to the principal performer with respect to the use of said commercial.