PUBLIC PERFORMANCE ROYALTIES Sample Clauses

PUBLIC PERFORMANCE ROYALTIES. Composer acknowledges and agrees that Producer owns the public performance rights associated with the Music and shall not be required, directly or indirectly (through any performing rights organization [“PRO”] of which Composer may be a member or affiliate), to pay any additional fees or royalties to the Composer or any other person or entity for the public performance of the Music, including in connection with any exhibitions or transmissions of the Program made by Producer or any companies affiliated with Producer. Producer and Composer acknowledge, however, that the Program may in the future be transmitted by third party entities which license the right to transmit the Program from Producer, which third parties may have licenses with PROs covering said third parties’ public performances of the Program. To the extent, if at all, in such circumstances or otherwise, the PRO with which Composer is (or may in the future become) affiliated makes any royalty distributions associated with public performances of the Music, Composer retains the right to receive, if any, the ‘writer’s share’ of such royalties. Composer agrees to look solely to such PRO for such royalties and waives any claim against Producer for any such royalties. For the avoidance of doubt, in the event (i) the Music is publicly performed (or made available for performance) by any entity engaged in the exhibition or other transmission of programming by any means of delivery and on any and all platforms (each a “Downstream Program Distributor”), and (ii) said Downstream Program Distributor is not licensed for such performance of the Music (through licenses with PROs or otherwise), then the Music is hereby deemed to have been directly licensed to the Producer and Composer acknowledges and agrees that Composer will receive no public performing rights royalties for such Downstream Program Distributor performances.
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PUBLIC PERFORMANCE ROYALTIES. 6.1 MusicRevolution shall use commercially reasonable efforts to collect cue sheet information for television and radio broadcast usages of Your Tracks and submit said information to the appropriate Performing Rights Organization (set forth below). You and the other MusicRevolution account holders designated by You will be credited as writer/composer, and be collectively entitled to a royalty share of100% of the writer/composer share. If Your Track is already affiliated with a valid and registered Performing Rights Organization publisher You will indicate that organization by name at the time of submission. If no publisher is designated for Your tracks(s), as a default, MusicRevolution shall be named publisher and entitled to 100% of the publisher/copyright holder share and shall credited as the original publisher, as one of the following:
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Related to PUBLIC PERFORMANCE ROYALTIES

  • Indemnity for Performance Agreements The Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS Member(s), officers and employees from and against all claims and suits for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and attorney’s fees, arising out of, or resulting from, Vendor’s work under this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees, unless such claims are based in whole upon the negligent acts or omissions of the TIPS, TIPS Member(s), officers, employees, or agents. If based in part upon the negligent acts or omissions of the TIPS, TIPS Member(s), officers, employees, or agents, Vendor shall be responsible for their proportional share of the claim. State of Texas Franchise Tax By signature hereon, the bidder hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.

  • Specific Performance The parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy to which they are entitled at law or in equity.

  • Indemnity for Performance Contracts The Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS member(s), officers and employees from and against all claims and suits for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and attorney’s fees, arising out of, or resulting from, Vendor’s work under this contract, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees. Vendor further agrees to indemnify and hold harmless and defend TIPS, TIPS member(s), officers and employees, from and against all claims and suits for injuries (including death) to an officer, employee, agent, subcontractor, supplier or equipment lessee of the Vendor, arising out of, or resulting from, Vendor’s work under this contract whether or not such claims are based in whole or in part upon the negligent acts or omissions of the TIPS, TIPS member(s), officers, employees, or agents. Attorney’s Fees--Texas Local Government Code § 271.159 is expressly referenced. Pursuant to §271.159, TEXAS LOC. GOV’T CODE, in the event that any one of the Parties is required to obtain the services of an attorney to enforce this Agreement, the prevailing party, in addition to other remedies available, shall be entitled to recover reasonable attorney’s fees and costs of court.

  • Annual Performance Review The Employee’s performance of his duties under this Agreement shall be reviewed by the Board of Directors or a committee of the Board of Directors at least annually and finalized within thirty (30) days of the receipt of the annual audited financial statements. The Board of Directors or a committee of the Board of Directors shall additionally review the base salary, bonus and benefits provided to the Employee under this Agreement and may, in their discretion, adjust the same, as outlined in Addendum B of this Agreement, provided, however, that Employee’s annual base salary shall not be less than the base salary set forth in Section 4(A) hereof.

  • Lawful Performance Vendor shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this agreement. In addition, all applicable permits and licenses required shall be obtained by the vendor, at vendor’s sole expense.

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit H), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • Excuse from performance of obligations If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; provided that:

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that:

  • Further Competition Award Criteria 1. Where a Contracting Body may require Suppliers to develop proposals or a solution in respect of its Statement of Requirements or need to amend or refine the terms of the Call-Off Contract to reflect its Statement of Requirements to the extent permitted by and in accordance with applicable laws (including procurement laws and all necessary guidance), the following criteria shall be applied to the Services set out in the Framework Service Providers' compliant tenders submitted through the Further Competition Procedure:

  • Right to Compel Performance Notwithstanding the foregoing, upon the occurrence of an event of Default, a non-Defaulting Interconnection Party shall be entitled to (a) commence an action to require the Defaulting Interconnection Party to remedy such Default and specifically perform its duties and obligations hereunder in accordance with the terms and conditions hereof, (b) withhold payments, (c) suspend performance hereunder, and (d) exercise such other rights and remedies as it may have in equity or at law; provided, however, that the Transmission Provider shall not terminate the Interconnection Service Agreement due to the failure of Interconnection Customer to make a payment hereunder unless such failure could reasonably be expected to have a material adverse effect on the Interconnected Transmission Owner.

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