Release Commitment. 1. RCA will be obligated to release each album delivered by an Artist in satisfaction of its recording commitment in the United States.
2. Each time an Artist delivers an album, AD shall provide a pre-release copy of the album to BMG. BMG shall notify AD within 60 days thereafter whether it will release such album. If BMG notifies AD that it will release the album, BMG will release the album in Canada, the EEC, Japan, and Australia ( the "Release Territories") within 120 days after the initial release of such album in the United States. Notwithstanding the foregoing, if the album concerned is submitted to BMG less than 60 days prior to its initial release date in the United States, such 120-day period will be extended by the number of days by which 60 days exceeds the number of days the album is submitted prior to the initial release date in the United States. If BMG does not release the album in any Release Territory within such time period, AD shall have the right to enter into a licensing agreement in such Territory, provided that, without the approval of RCA, (i) the foreign licensee shall not have the right to release more than the applicable album (such licensee shall also have the right to release singles derived from such album), and (ii) the foreign licensee shall not be affiliated with [***] (or any company affiliated with [***] or [***]. If BMG notifies AD that it will not release the album, AD shall have the right to cause a licensing agreement to be entered into with respect to territories outside of the United States on the terms and conditions set forth above, provided that the parties will negotiate at the time whether such license will be granted by BMG or directly by AD. Under the Label Deal, each foreign licensee not controlled by RCA shall pay [***] of
Release Commitment. 5.1.1 If the Recording Commitment Album for a Contract Period has been Delivered and Company has not released such Album in the USA within five (5) months (excluding December if the said five (5) month period would otherwise have expired in December) after Delivery thereof then Contractor shall be entitled as Contractor’s sole remedy to serve notice on Company specifically referring to this Clause 5.1.1 requesting that such Album be released in the USA within the period of sixty (60) days (excluding December) following receipt by Company of such notice (“Release Notice”). It shall be a condition precedent of Contractor’s entitlement to rely on the provisions of this clause that all consents and/or other approvals shall have been given by Contractor in respect of all relevant matters in relation to Company’s entitlement to release such Album for which it is required not less than forty-five (45) days prior to service by Contractor of the applicable Release Notice.
5.1.2 Failing such release within such sixty (60) day period Contractor may serve further notice on Company which notice shall if specifically referring to this sub-clause 5.1.2 and if duly received within thirty (30) *** FOIA Confidential Treatment days promptly following such sixty (60) day period be effective as Contractor’s sole remedy to:
(a) terminate the Term; and
(b) to require Company to re-assign to Contractor the copyright and all other rights vested in Company (but subject to any applicable third party rights and excluding any territory or territories where the applicable Album has been released by one of Company’s licensees) in all Audio Material (and all Audio-Visual Material) made and delivered in respect of the applicable unreleased Recording Commitment Album and associated Singles in consideration of which Contractor shall either (at Contractor’s election, which shall be notified in writing to Company when serving the notice referred to at line 2 of this sub-clause 5.1.2) repay to Company within seven (7) working days of such notice the full amount of all costs incurred by Company in creating such Material which have not at that date previously been recouped from the Royalty, or alternatively pay to Company in perpetuity a fraction (the numerator of which shall be four (4) and the denominator of which shall be the gross royalty payable to Contractor by the applicable third party) of all third party advances (excluding such element of such advances as are expended on recording cost...
Release Commitment. Licensee shall develop (and/or have developed) and commercially release (and/or have commercially released) in all major markets (i.e., United States and the major countries of the European Union): (i) one (1) interactive software game based on the Franchise (“TDU2”) for at least one Major Platform (as defined below) and the PC Platform within twenty (20) months of the Effective Date; and (ii) at least one additional interactive software game based on the Franchise (“TDU3”) for at least one Major Platform and the PC Platform within 60 months of the Effective Date. A “Major Platform” shall mean Xbox 360, PS3, Wii, or the successors to any of the foregoing. Each of the two (2) above-mentioned interactive software games satisfying the minimum commitment must be a new stand-alone game and not a port, expansion pack or episodic content.
Release Commitment. Licensee shall release the Album in the Territory within 60 days after the Album is delivered to Licensee. If Licensee fails to release the Album, Licensor shall have the right to terminate this agreement.
Release Commitment. (a) Provided you have fulfilled all your material obligations under this agreement, Company will release in the United States each Album recorded in fulfillment of your Recording Commitment within four (4) months after Delivery of the Album concerned. If Company fails to do so you may notify Company at any time after the end of the four (4) month period concerned (but before commencement of recording of the next Album of your Recording Commitment hereunder), that you intend to terminate the term of this agreement unless Company releases the Album within two (2) months after Company's receipt of your notice (the "cure period"). If Company fails to release the Album before the end of the cure period, you may terminate the term of this agreement by giving Company notice (the "Termination Notice") within thirty (30) days after the end of the cure period. On receipt by Company of your Termination Notice, the term of this agreement will end and all parties will be deemed to have fulfilled their obligations hereunder except those obligations that survive the end of the term (e.g., warranties, rerecording restrictions and obligations to pay royalties). Notwithstanding paragraph 2, in the event you fail to give Company the Termination Notice within said thirty (30) day period with respect to the last Album to be Delivered in fulfillment of your Recording Commitment in any Contract Period, you may at any time thereafter notify Company that the applicable Contract Period will end on the date four (4) months from the date of the notice (but in no event earlier than one (1) year from the commencement of the Period), and Company will have through the last day of the Contract Period to exercise its Option (if any) for the next Option Period. Your only remedy for failure by Company to release an Album will be as described in this paragraph. If you fail to give Company the Termination Notice within the period specified, your right to terminate as to that Album will lapse.
Release Commitment. 8.1. Company shall release or procure the release in commercial quantities of Records for sale to the general public through recognised channels Records embodying the Minimum Commitment Masters in the United Kingdom within three (3) months after delivery of such Masters.
8.2. In the event that any Master is not so released on Record in the United Kingdom the Artist shall have the right to serve written notice upon the Company requiring Company to release the same within sixty (60) days of receipt of such notice. In the event that the relevant Master is not then released on Record the Artist shall have the right to terminate the Term of this Agreement by notice in writing.
8.3. In the event that the Artist terminates the Term in accordance with Clause 8.2 above the Company shall, at the request of the Artist forthwith assign to the Artist all rights in and to unreleased Masters Videos and any artwork and photographs made or commissioned pursuant to this Agreement subject to the Artist agreeing:
8.3.1. To perform any obligation of the Company in respect of the payment of third party producer royalties in respect of any subsequent release by the Artist or any third party authorised by the Artist of the relevant Masters.
8.3.2. Pay to the Company or procure the payment by any third party releasing the relevant Masters and/or Video a royalty (the Override Royalty”) of two per cent (2%) in respect of one hundred per cent (100%) of Records sold and not returned throughout the Territory calculated on the published price to dealers of the releasing party and subject to the same deductions and reductions therefrom as are applied in the calculation of the royalty payable to the Artist by such releasing party including without limitation withholding taxes and reserves in respect of the Masters provided that such reductions and deductions are reasonable and no less favourable to the Artist than those generally applied in recording agreements. Further if the Masters are included upon any Record together with other recordings not the subject of this Agreement then the Override Royalty payable to Company shall be pro-rated by the number that such Masters reproduced upon such Record bear to the total number of recordings thereon.
8.3.3. In the event that the aggregate of payments referred to in sub-clause 8.3.2 above and received by the Company shall recoup the total unrecouped recording costs and advances paid by Company in respect of the Master (so assigned in accordance...
Release Commitment. Subject to there being no legal restriction preventing such release, WM shall make the Product Commitment available commercially within 120 days following delivery by Artist and acceptance by WM of the last Master constituting the Product Commitment for the applicable Period, failing which and subject to WM having a 60 day notice and cure period, Artist shall be entitled by written notice to WM to terminate the Term and all rights in any unreleased Masters will revert to Artist subject to Artist assuming all royalty obligations and indemnifying WM in respect thereof and subject to the payment of an override royalty of four per cent (4%) PDP to WM from the first record sold (with direct accounting from the releasing label, if applicable). For the avoidance of doubt, WM’s rights in and to any Masters released prior to termination shall remain vested in WM in full force and effect hereunder.
Release Commitment. 8.1 Instrumental shall release or procure the release of each Recording in the UK and USA within 4 months of delivery and acceptance thereof and all assets necessary for a proper commercial release. If Instrumental fails to do so then (subject to a 30 day notice and cure period) the Artist shall be entitled to terminate the Rights Period solely with respect to the relevant unreleased Recording PROVIDED THAT such termination shall be the Artist’s only remedy for such failure.
8.2 Instrumental shall also release each Recording throughout the rest of the Territory. If Instrumental fails to do so then (subject to 30 day notice and cure period) the Artist shall be entitled to remove the relevant unreleased country from the Territory PROVIDED THAT such termination shall be Artists only remedy for such failure.
8.3 Instrumental shall not be obliged to manufacture physical records.
Release Commitment. LGF shall cause the initial commercial theatrical release of the Picture on one (1) screen in the Territory.
Release Commitment. Company shall release in the United States, any Album recorded under this Agreement within Six (6) months after delivery (“Delivery”) of the respective Album via normal retail channels in the United States in configuration of a compact disc through a National Distributor. In the event Company fails to release the Album as set forth herein, Artist shall give written notice to Company of its failure to release pursuant to this paragraph. Company shall have an additional sixty (60) days from the date of receipt of written notice by Artist of Company’s failure to release, to secure a National Distributor and release the first Album. If Company fails to release the Album with a National Distributor within sixty (60) days following receipt of written notice by Artist, Company shall have no right to exercise its Option to extend this Agreement under the Option Period and this Agreement shall terminate by its own terms with neither party having any future obligations to the other except as it relates to the rights granted for any Album recorded and released by Company including, but not limited to, the payment of royalties to Artist.
