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.
Appears in 12 contracts
Samples: Sponsorship Agreement, Sponsorship Agreement, Sponsorship Agreement
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.
Appears in 3 contracts
Samples: Exhibit and Sponsorship Agreement, Exhibit and Sponsorship Agreement, Exhibit Space & Sponsorship Agreement
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 ad- xxxxx 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 reason-able 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.
Appears in 2 contracts
Samples: Exhibit, Sponsorship & Advertising Contract, Exhibit, Sponsorship & Advertising Contract
PLAYING OR REPRODUCTION OF MUSIC. Exhibitor Sponsor shall not provide or permit the use of music in any form or at any time unless: (A) if the music is copyrighted, Exhibitor Sponsor 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 Sponsor shall obtain in advance from the Association a written consent to the providing of such music by ExhibitorSponsor. Exhibitor Sponsor 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 Sponsor 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 ExhibitorSponsor, to resolve any dispute which may arise between the Association and anyone attempting to enforce a copyright, which settlement shall be binding on Exhibitor Sponsor insofar as holding the Association harmless and indemnifying the Association are concerned. Exhibitor Sponsor expressly agrees that the Association may, at Exhibitor’s Sponsor's expense, take any legal action appropriate to ensure compliance by Exhibitor Sponsor with this Section, including the obtaining of any injunction against ExhibitorSponsor.
Appears in 2 contracts
Samples: Sponsorship Agreement, Sponsorship Agreement
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 ad- xxxxx 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.
Appears in 1 contract
Samples: Exhibit and Sponsorship Agreement