Common use of Producers, Purchasers, Assignees and Transferees Clause in Contracts

Producers, Purchasers, Assignees and Transferees. 1. Each Producer and each purchaser, assignee and transferee of a commercial produced under this Contract shall maintain adequate records showing each commercial delivered to it, the date of delivery, the name of the advertiser, the names of the principal performers appearing therein, payments made, date of first use and kind of use. In case of grievances or disputes arising under this Contract, such Producer and such purchaser, assignee or transferee will make available to the Union on reasonable notice all such records. 2. Each Producer, purchaser, assignee or transferee of a commercial produced hereunder shall accompany each check given to a principal performer in payment for use with a check voucher or statement in the standard form attached hereto as EXHIBIT C containing the following: (a) Separate identification of each commercial by name of advertiser, product, date of original session and production or code number; (b) The type of use: If spot use, the dates of cycle and number of units used. If program use, the class of use, dates of cycle or dates of individual uses if usage is Class A. If cable use, the dates of cycle and number of units used. If Internet and/or New Media use, the dates of the term of use. If holding fee, voucher shall so state; (c) Compensation for the use of each commercial shall be separately set forth; (d) The expiration date of the maximum period of use of a commercial; (e) The first check voucher shall also state the date of commencement of the first fixed cycle; (f) Producer shall place original commercial identification on first payment for each new commercial or permitted edited version which contains footage from the “original” commercial; (g) Unemployment insurance information, including employer of record, employer’s address, state in which unemployment insurance is filed and state identification number. 3. A report for each commercial produced hereunder, in the form of EXHIBIT B, shall be furnished to the Pension and Health Plans Office of the Screen Actors Guild-Producers Pension and Health Plans for Motion Picture Actors and to the Union in the form of an electronic file as specified by EXHIBIT B-2 by each Producer, purchaser, assignee or transferee, within 15 working days after the commencement of the second fixed cycle and at 13-week intervals thereafter, as long as such commercial is used. In the event any Producer, purchaser, assignee or transferee of a commercial produced hereunder shall willfully and intentionally fail or refuse to keep such records or shall willfully and intentionally fail or refuse to make any payments due any principal performer, or shall be guilty of repeated and intentional breaches of any of its obligations hereunder, the Union, at its option, and in addition to all other remedies which it or any principal performer may have at law or equity, may after notice to such party, giving a reasonable time to cure such default, order its members thereafter to refuse to perform services for any producer in commercials which are to be made for such Producer, purchaser, assignee or transferee. Whenever credit is taken for any prior overpayment, Producer shall report the pertinent data regarding such credit to the Union and to the Pension & Health Plans office within 15 working days after the credit is taken. Such report shall include the detailed information required for reports of compensation payments to principal performers.

Producers, Purchasers, Assignees and Transferees. 1. Each Producer and each purchaser, assignee and transferee of a commercial produced under this Contract shall maintain adequate records showing each commercial delivered to it, the date of delivery, the name of the advertiser, the names of the principal performers appearing therein, payments made, date of first use and kind of use. In case of grievances or disputes arising under this Contract, such Producer and such purchaser, assignee or transferee will make available to the Union on reasonable notice all such records. 2. Each Producer, purchaser, assignee or transferee of a commercial produced hereunder shall accompany each check given to a principal performer in payment for use with a check voucher or statement in the standard form attached hereto as EXHIBIT C containing the following: (a) Separate identification of each commercial by name of advertiser, product, date of original session and production or code number; (b) The type of use: If spot use, the dates of cycle and number of units used. If program use, the class of use, dates of cycle or dates of individual uses if usage is Class A. If cable use, the dates of cycle and number of units used. If Internet and/or New Media use, the dates of the term of use. If holding fee, voucher shall so state; (c) Compensation for the use of each commercial shall be separately set forth; (d) The expiration date of the maximum period of use of a commercial; (e) The first check voucher shall also state the date of commencement of the first fixed cycle; (f) Producer shall place original commercial identification on first payment for each new commercial or permitted edited version which contains footage from the “original” commercial; (g) Unemployment insurance information, including employer of record, employer’s address, state in which unemployment insurance is filed and state identification number. 3. A report for each commercial produced hereunder, in the form of EXHIBIT B, shall be furnished to the Union and to the Pension and Health Plans Office of the Screen Actors Guild-Producers Pension and Health Plans for Motion Picture Actors and to the Union in the form of an electronic file as specified by EXHIBIT B-2 by each Producer, purchaser, assignee or transferee, within 15 working days after the commencement of the second fixed cycle and at 13-week intervals thereafter, as long as such commercial is used. In the event any Producer, purchaser, assignee or transferee of a commercial produced hereunder shall willfully and intentionally fail or refuse to keep such records or shall willfully and intentionally fail or refuse to make any payments due any principal performer, or shall be guilty of repeated and intentional breaches of any of its obligations hereunder, the Union, at its option, and in addition to all other remedies which it or any principal performer may have at law or equity, may after notice to such party, giving a reasonable time to cure such default, order its members thereafter to refuse to perform services for any producer in commercials which are to be made for such Producer, purchaser, assignee or transferee. Whenever credit is taken for any prior overpayment, Producer shall report the pertinent data regarding such credit to the Union and to the Pension & Health Plans office within 15 working days after the credit is taken. Such report shall include the detailed information required for reports of compensation payments to principal performers.

Producers, Purchasers, Assignees and Transferees. 1. Each Producer and each purchaser, assignee and transferee of a commercial produced under this Contract shall maintain adequate records showing each commercial delivered to it, the date of delivery, the name of the advertiser, the names of the principal performers appearing therein, payments made, date of first use and kind of use. In case of grievances or disputes arising under this Contract, such Producer and such purchaser, assignee or transferee will make available to the Union on reasonable notice all such records. 2. Each Producer, purchaser, assignee or transferee of a commercial produced hereunder shall accompany each check given to a principal performer in payment for use with a check voucher or statement in the standard form attached hereto as EXHIBIT Exhibit C containing the following: (a) Separate identification of each commercial by name of advertiser, product, date of original session and production or code number; (b) The type of use: If spot use, the dates of cycle and number of units used. If program use, the class of use, dates of cycle or dates of individual uses if usage is Class A. If cable use, the dates of cycle and number of units used. If Internet and/or New Media use, the dates of the term of use. If holding fee, voucher shall so state; (c) Compensation for the use of each commercial shall be separately set forth; (d) The expiration date of the maximum period of use of a commercial; (e) The first check voucher shall also state the date of commencement of the first fixed cycle; (f) Producer shall place original commercial identification on first payment for each new commercial or permitted edited version which contains footage from the “original” commercialRU SHUPLWWHG HGLWHG YHUVLRQ ZKLFK FRQWDLQV IRRWDJH IURP WKH ³RULJLQDO´ FRPPHUFLDO; (g) Unemployment insurance information8QHPSOR\PHQW LQVXUDQFH LQIRUPDWLRQ, including employer of recordLQFOXGLQJ HPSOR\HU RI UHFRUG, employer’s addressHPSOR\HU¶V DGGUHVV, state in VWDWH LQ which unemployment insurance is filed and state identification number. 3. A report for each commercial produced hereunder, in the form of EXHIBIT Exhibit B, shall be furnished to the Pension and Health Plans Office of the SAG-AFTRA Health Fund and the Screen Actors Guild-Producers Pension and Health Plans for Motion Picture Actors Plan and to the Union in the form of an electronic file as specified by EXHIBIT Exhibit B-2 by each Producer, purchaser, assignee or transferee, within 15 working days after the commencement of the second fixed cycle and at 13-week intervals thereafter, as long as such commercial is used. In the event any Producer, purchaser, assignee or transferee of a commercial produced hereunder shall willfully and intentionally fail or refuse to keep such records or shall willfully and intentionally fail or refuse to make any payments due any principal performer, or shall be guilty of repeated and intentional breaches of any of its obligations hereunder, the Union, at its option, and in addition to all other remedies which it or any principal performer may have at law or equity, may after notice to such party, giving a reasonable time to cure such default, order its members thereafter to refuse to perform services for any producer in commercials which are to be made for such Producer, purchaser, assignee or transferee. Whenever credit is taken for any prior overpayment, Producer shall report the pertinent data regarding such credit to the Union and to the Pension & Health Plans office within 15 working days after the credit is taken. Such report shall include the detailed information required for reports of compensation payments to principal performers.