PLAYING OR REPRODUCTION OF MUSIC. Exhibitor shall not provide or permit the use of music in any form or at any time unless: (A) if the music is copyrighted, Exhibitor shall in advance obtain and provide a copy to the Association of the written license to use said music at the Exhibition Venue from the owner of the copyright of said music, and (B) whether the music is believed to be copyrighted or not, Exhibitor shall obtain in advance from the Association a written consent to the providing of such music by Exhibitor. Exhibitor specifically agrees that in the absence of full compliance with (A) and (B) above, no music whatsoever, in any form, will be provided or permitted by it, and in the event of any copyright infringement claim arising with respect to the use by Exhibitor of music, all of the provisions of the INDEMNITY provision of this Contract will be applicable. The Association shall have the power to make any reasonable settlement, without the consent or approval of Exhibitor, to resolve any dispute which may arise between the Association and anyone attempting to enforce a copyright, which settlement shall be binding on Exhibitor insofar as holding the Association harmless and indemnifying the Association are concerned. Exhibitor expressly agrees that the Association may, at Exhibitor’s expense, take any legal action appropriate to ensure compliance by Exhibitor with this Section, including the obtaining of any injunction against Exhibitor.
PLAYING OR REPRODUCTION OF MUSIC. 1. Exhibitor represents and warrants that no musical
2. Exhibitor further represents and warrants that it shall be fully responsible for the performance of all obligations under any agreement permitting the use of such music, including but not limited to all obligations to report data and to pay royalty fees.
3. Exhibitor agrees to indemnify, save and hold harmless and defend Show Management and its directors, officers, agents, employees and each of them, from and against any and all claims, costs and expenses (including legal fees and expenses), demands, actions and liabilities of every kind with respect to any breach of the foregoing representations and warranties or Exhibitor’s use or performance of a protected musical work.
PLAYING OR REPRODUCTION OF MUSIC. Exhibitor represents and warrants that no musical work protected by copyright will be staged, produced, or otherwise performed, via either “live” or “mechanical” means, by or on behalf of Exhibitor unless Exhibitor has previously obtained written permission from the copyright owner or the copyright owner’s designee (e.g., ASCAP, BMI or SESAC) for such use. Exhibitor further represents and warrants that it shall be fully responsible for the performance of all obligations under any agreement permitting the use of such music, including, but not limited to all obligations to report data and to pay royalty fees. Exhibitor agrees to indemnify, hold harmless and defend Show Management from and against any and all claims, costs, and expenses, (including legal fees), demands and actions of every kind with respect to any breach of the foregoing representations and warranties.
