Common use of REPORTS AND MANNER OF PAYMENT Clause in Contracts

REPORTS AND MANNER OF PAYMENT. Within a reasonable time after the expiration of each calendar or fiscal quarter, but not exceeding sixty (60) days, Employer will furnish or cause to be furnished to the Guild a written report showing the Employer's gross during the preceding quarter from the distribution of each Such Program by Employer in Supplemental Markets with respect to which Employer is required to make payments hereunder (whether distributed by the Employer or through another distributor). A "non-returnable advance" is to be included in "Employer's gross" when Such Program is "available" and "identifiable" and the amount of the advance payment is "ascertainable." Such Program is "available" when the first of the following occurs: (1) The product first may be exhibited or otherwise exploited by a specified method of distribution and in a territory under the terms of the applicable license or distribution agreement, or (2) It first may be sold or rented by a retailer under the terms of the applicable license or distribution agreement. Such Program is "identifiable" when the Employer first knows or reasonably should have known that a given motion picture is covered by a particular license or distribution agreement for its exploitation in the applicable market. The amount of the advance payment is "ascertainable" if: (1) the advance is for one motion picture, means of exhibition, and territory, or (2) the total amount of the advance is for more than one motion picture, means of exhibition and/or territory, in which case the Employer shall fairly and reasonably allocate such advance among the licensed motion pictures, exhibition markets and/or territorial markets. As each of these pictures becomes identifiable and available, the allocated portion of the non-returnable advance is to be included in Employer's gross for that quarter. The Employer shall notify the Guild of its allocation when the report of "Employer's gross," which includes the advance, is to be filed. The Guild has the right to challenge in an arbitration a failure to allocate or any allocation that it contends is not fair and reasonable. If Such Program is available in any territory or by any means of exhibition, and is identifiable and the amount of the advance is ascertainable, but the Employer does not provide the Guild with the information required by this Agreement and applicable law, then the advance shall be deemed includable in "Employer's gross" no later than six (6) months after the Employer receives it. An advance received by an Employer's parent, subsidiary or any other related or affiliated entity or successor-in-interest, or by any other entity to which the advance payment is directed by the Employer or license or distribution agreement, shall be considered as an advance payment received by the Employer. Concurrently with the furnishing of each such report, the Employer will make the payments shown to be due by such report. All payments shall be made by checks payable to the order of the Pension Plan and the Employees (as the case may be) entitled thereto, and shall be delivered to the Guild for forwarding to the Pension Plan and such Employees, and compliance herewith shall constitute payment to the Pension Plan and such Employees. No such payment need be made to the Pension Plan or to any individual participating Employee, until the amount due to the Pension Plan or to the respective individual has accumulated to an amount equal to or more than fifty dollars ($50.00) for such Pension Plan or such respective individual. However, at the end of any calendar or fiscal year, any amounts due shall be paid to the Pension Plan and any participating Employee. The foregoing paragraph shall apply to any prior Agreement binding upon the Employer, notwithstanding anything to the contrary elsewhere in this Article 24. No such reports need be furnished with respect to any period during which there was no such Employer's gross. The Employer shall make available for inspection by the Guild all distributor's statements and exhibitor's statements which are available to the Employer insofar as they relate to such Employer's gross, and all the financial terms of contracts pertaining to such Employer's gross, and the Guild shall have the right, at reasonable times, to examine the books and records of the Employer as to such Employer's gross pertaining to such distribution of any Such Program, at whatever place or places such records are customarily kept by the Employer. If the Guild requests that it be informed of the license fee paid under a license for the exhibition of Such Program in Supplemental Markets, or if the Guild requests that it be sent an extract of the financial terms of such a license, and if such information is not extensive in nature, the Employer will forward such information or extract without making it necessary for the Guild to send a representative to the offices of the Employer. In general, the Employer will cooperate in furnishing such information to the Guild by mail or telephone, when doing so is not unreasonable or burdensome. If more than one program is licensed in a single license agreement, the Employer shall inform the Guild, at its request, of the identity of the programs covered by the license, and shall make available for inspection by the Guild in the office where such license agreement is customarily kept a copy of the terms of such license showing the titles of the programs licensed under such agreement and the license fee for each such program. Employer agrees to cooperate in responding to reasonable inquiries from the Guild as to whether any such program is currently being distributed for telecasting on pay television or in any other Supplemental Market as herein defined. An inadvertent failure to comply with the reporting provisions of this section shall not constitute a default by the Employer hereunder, provided such failure is cured promptly after notice thereof from the Guild is received by the Employer. Employer shall make all social security, withholding, unemployment insurance and disability insurance payments required by law with respect to the additional compensation provided for in this Article 24. If the Employer shall fail to make any payment provided for in this Article 24 when and as the same becomes due and payable, it shall bear interest at the rate of one percent (1%) per month on the unpaid balance thereof commencing to accrue from the date payment is due. The compensation payable under this Article 24 shall be excluded from the gross compensation upon which the Employer contributions are to be made to the Pension Plan and Health Plan. If any Employee's employment agreement with the Employer requires that such Employee's compensation shall be based, in whole or in part, upon, or measured by, a percentage of the gross receipts derived from the distribution of Such Program, then such percentage compensation shall be credited against any amounts payable to such Employee hereunder, and likewise any payment due to such Employee hereunder shall be credited against such percentage compensation. When all or a part of any Employee's compensation is a specified sum of money, commonly known and referred to as a "deferment," such deferment may not be credited against amounts payable by the Employer to such Employee hereunder.

REPORTS AND MANNER OF PAYMENT. Within a reasonable time after the expiration of each calendar or fiscal quarter, but not exceeding sixty (60) days, Employer will furnish or cause to be furnished to the Guild a written report showing the Employer's gross during the preceding quarter from the distribution of each Such Program by Employer in Supplemental Markets with respect to which Employer is required to make payments hereunder (whether distributed by the Employer or through another distributor). A "non-returnable advance" is to be included in "Employer's gross" when Such Program is "available" and "identifiable" and the amount of the advance payment is "ascertainable." Such Program is "available" when the first of the following occurs: (1) The product first may be exhibited or otherwise exploited by a specified method of distribution and in a territory under the terms of the applicable license or distribution agreement, or (2) It first may be sold or rented by a retailer under the terms of the applicable license or distribution agreement. Such Program is "identifiable" when the Employer first knows or reasonably should have known that a given motion picture is covered by a particular license or distribution agreement for its exploitation in the applicable market. The amount of the advance payment is "ascertainable" if: (1) the advance is for one motion picture, means of exhibition, and territory, or (2) the total amount of the advance is for more than one motion picture, means of exhibition and/or territory, in which case the Employer shall fairly and reasonably allocate such advance among the licensed motion pictures, exhibition markets and/or territorial markets. As each of these pictures becomes identifiable and available, the allocated portion of the non-returnable advance is to be included in Employer's gross for that quarter. The Employer shall notify the Guild of its allocation when the report of "Employer's gross," which includes the advance, is to be filed. The Guild has the right to challenge in an arbitration a failure to allocate or any allocation that it contends is not fair and reasonable. If Such Program is available in any territory or by any means of exhibition, and is identifiable and the amount of the advance is ascertainable, but the Employer does not provide the Guild with the information required by this Agreement and applicable law, then the advance shall be deemed includable in "Employer's gross" no later than six (6) months after the Employer receives it. An advance received by an Employer's parent, subsidiary or any other related or affiliated entity or successor-in-interest, or by any other entity to which the advance payment is directed by the Employer or license or distribution agreement, shall be considered as an advance payment received by the Employer. Concurrently with the furnishing of each such report, the Employer will make the payments shown to be due by such report. All payments shall be made by checks payable to the order of the Pension Plan and the Employees (as the case may be) entitled thereto, and shall be delivered to the Guild for forwarding to the Pension Plan and such Employees, and compliance herewith shall constitute payment to the Pension Plan and such Employees. No such payment need be made to the Pension Plan or to any individual participating Employee, until the amount due to the Pension Plan or to the respective individual has accumulated to an amount equal to or more than fifty dollars ($50.00) for such Pension Plan or such respective individual. However, at the end of any calendar or fiscal year, any amounts due shall be paid to the Pension Plan and any participating Employee. The foregoing paragraph shall apply to any prior Agreement binding upon the Employer, notwithstanding anything to the contrary elsewhere in this Article 24. No such reports need be furnished with respect to any period during which there was no such Employer's gross. The Employer shall make available for inspection by the Guild all distributor's statements and exhibitor's statements which are available to the Employer insofar as they relate to such Employer's gross, and all the financial terms of contracts pertaining to such Employer's gross, and the Guild shall have the right, at reasonable times, to examine the books and records of the Employer as to such Employer's gross pertaining to such distribution of any Such Program, at whatever place or places such records are customarily kept by the Employer. If the Guild requests that it be informed of the license fee paid under a 185 Article 24, Section F. license for the exhibition of Such Program in Supplemental Markets, or if the Guild requests that it be sent an extract of the financial terms of such a license, and if such information is not extensive in nature, the Employer will forward such information or extract without making it necessary for the Guild to send a representative to the offices of the Employer. In general, the Employer will cooperate in furnishing such information to the Guild by mail or telephone, when doing so is not unreasonable or burdensome. If more than one program is licensed in a single license agreement, the Employer shall inform the Guild, at its request, of the identity of the programs covered by the license, and shall make available for inspection by the Guild in the office where such license agreement is customarily kept a copy of the terms of such license showing the titles of the programs licensed under such agreement and the license fee for each such program. Employer agrees to cooperate in responding to reasonable inquiries from the Guild as to whether any such program is currently being distributed for telecasting on pay television or in any other Supplemental Market as herein defined. An inadvertent failure to comply with the reporting provisions of this section shall not constitute a default by the Employer hereunder, provided such failure is cured promptly after notice thereof from the Guild is received by the Employer. Employer shall make all social security, withholding, unemployment insurance and disability insurance payments required by law with respect to the additional compensation provided for in this Article 24. If the Employer shall fail to make any payment provided for in this Article 24 when and as the same becomes due and payable, it shall bear interest at the rate of one percent (1%) per month on the unpaid balance thereof commencing to accrue from the date payment is due. The compensation payable under this Article 24 shall be excluded from the gross compensation upon which the Employer contributions are to be made to the Pension Plan and Health and Welfare Plan. If any Employee's employment agreement with the Employer requires that such Employee's compensation shall be based, in whole or in part, upon, or measured by, a percentage of the gross receipts derived from the distribution of Such Program, then such percentage compensation shall be credited against any amounts payable to such Employee hereunder, and likewise any payment due to such Employee hereunder shall be credited against such percentage compensation. When all or a part of any Employee's compensation is a specified sum of money, commonly known and referred to as a "deferment," such deferment may not be credited against amounts payable by the Employer to such Employee hereunder.

REPORTS AND MANNER OF PAYMENT. Within a reasonable time after the expiration of each calendar or fiscal quarter, but not exceeding sixty (60) days, Employer will furnish or cause to be furnished to the Guild a written report showing the Employer's gross during the preceding quarter from the distribution of each Such Program by Employer in Supplemental Markets with respect to which Employer is required to make payments hereunder (whether distributed by the Employer or through another distributor). A "non-returnable advance" is to be included in "Employer's gross" when Such Program is "available" and "identifiable" and the amount of the advance payment is "ascertainable." Such Program is "available" when the first of the following occurs: (1) The product first may be exhibited or otherwise exploited by a specified method of distribution and in a territory under the terms of the applicable license or distribution agreement, or (2) It first may be sold or rented by a retailer under the terms of the applicable license or distribution agreement. Such Program is "identifiable" when the Employer first knows or reasonably should have known that a given motion picture is covered by a particular license or distribution agreement for its exploitation in the applicable market. The amount of the advance payment is "ascertainable" if: (1) the advance is for one motion picture, means of exhibition, and territory, or (2) the total amount of the advance is for more than one motion picture, means of exhibition and/or territory, in which case the Employer shall fairly and reasonably allocate such advance among the licensed motion pictures, exhibition markets and/or territorial markets. As each of these pictures becomes identifiable and available, the allocated portion of the non-returnable advance is to be included in Employer's gross for that quarter. The Employer shall notify the Guild of its allocation when the report of "Employer's gross," which includes the advance, is to be filed. The Guild has the right to challenge in an arbitration a failure to allocate or any allocation that it contends is not fair and reasonable. If Such Program is available in any territory or by any means of exhibition, and is identifiable and the amount of the advance is ascertainable, but the Employer does not provide the Guild with the information required by this Agreement and applicable law, then the advance shall be deemed includable in "Employer's gross" no later than six (6) months after the Employer receives it. An advance received by an Employer's parent, subsidiary or any other related or affiliated entity or successor-in-interest, or by any other entity to which the advance payment is directed by the Employer or license or distribution agreement, shall be considered as an advance payment received by the Employer. Concurrently with the furnishing of each such report, the Employer will make the payments shown to be due by such report. All payments shall be made by checks payable to the order of the Pension Plan and the Employees (as the case may be) entitled thereto, and shall be delivered to the Guild for forwarding to the Pension Plan and such Employees, and compliance herewith shall constitute payment to the Pension Plan and such Employees. No such payment need be made to the Pension Plan or to any individual participating Employee, until the amount due to the Pension Plan or to the respective individual has accumulated to an amount equal to or more than fifty dollars ($50.00) for such Pension Plan or such respective individual. However, at the end of any calendar or fiscal year, any amounts due shall be paid to the Pension Plan and any participating Employee. The foregoing paragraph shall apply to any prior Agreement binding upon the Employer, notwithstanding anything to the contrary elsewhere in this Article 24. No such reports need be furnished with respect to any period during which there was no such Employer's gross. The Employer shall make available for inspection by the Guild all distributor's statements and exhibitor's statements which are available to the Employer insofar as they relate to such Employer's gross, and all the financial terms of contracts pertaining to such Employer's gross, and the Guild shall have the right, at reasonable times, to examine the books and records of the Employer as to such Employer's gross pertaining to such distribution of any Such Program, at whatever place or places such records are customarily kept by the Employer. If the Guild requests that it be informed of the license fee paid under a Article 24, Section F. 184 license for the exhibition of Such Program in Supplemental Markets, or if the Guild requests that it be sent an extract of the financial terms of such a license, and if such information is not extensive in nature, the Employer will forward such information or extract without making it necessary for the Guild to send a representative to the offices of the Employer. In general, the Employer will cooperate in furnishing such information to the Guild by mail or telephone, when doing so is not unreasonable or burdensome. If more than one program is licensed in a single license agreement, the Employer shall inform the Guild, at its request, of the identity of the programs covered by the license, and shall make available for inspection by the Guild in the office where such license agreement is customarily kept a copy of the terms of such license showing the titles of the programs licensed under such agreement and the license fee for each such program. Employer agrees to cooperate in responding to reasonable inquiries from the Guild as to whether any such program is currently being distributed for telecasting on pay television or in any other Supplemental Market as herein defined. An inadvertent failure to comply with the reporting provisions of this section shall not constitute a default by the Employer hereunder, provided such failure is cured promptly after notice thereof from the Guild is received by the Employer. Employer shall make all social security, withholding, unemployment insurance and disability insurance payments required by law with respect to the additional compensation provided for in this Article 24. If the Employer shall fail to make any payment provided for in this Article 24 when and as the same becomes due and payable, it shall bear interest at the rate of one percent (1%) per month on the unpaid balance thereof commencing to accrue from the date payment is due. The compensation payable under this Article 24 shall be excluded from the gross compensation upon which the Employer contributions are to be made to the Pension Plan and Health and Welfare Plan. If any Employee's employment agreement with the Employer requires that such Employee's compensation shall be based, in whole or in part, upon, or measured by, a percentage of the gross receipts derived from the distribution of Such Program, then such percentage compensation shall be credited against any amounts payable to such Employee hereunder, and likewise any payment due to such Employee hereunder shall be credited against such percentage compensation. When all or a part of any Employee's compensation is a specified sum of money, commonly known and referred to as a "deferment," such deferment may not be credited against amounts payable by the Employer to such Employee hereunder.

REPORTS AND MANNER OF PAYMENT. Within a reasonable time after the expiration of each calendar or fiscal quarter, but not exceeding sixty (60) days, Employer will furnish or cause to be furnished to the Guild a written report showing the Employer's ' s gross during the preceding quarter from the distribution of each Such Program by Employer in Supplemental Markets with respect to which Employer is required to make payments hereunder (whether distributed by the Employer or through another distributor). A "non-returnable advance" is to be included in "Employer's gross" when Such Program is "available" and "identifiable" and the amount of the advance payment is "ascertainable." Such Program is "available" when the first of the following occurs: (1) The product first may be exhibited or otherwise exploited by a specified method of distribution and in a territory under the terms of the applicable license or distribution agreement, or (2) It first may be sold or rented by a retailer under the terms of the applicable license or distribution agreement. Such Program is "identifiable" when the Employer first knows or reasonably should have known that a given motion picture is covered by a particular license or distribution agreement for its exploitation in the applicable market. The amount of the advance payment is "ascertainable" if: (1) the advance is for one motion picture, means of exhibition, and territory, or (2) the total amount of the advance is for more than one motion picture, means of exhibition and/or territory, in which case the Employer shall fairly and reasonably allocate such advance among the licensed motion pictures, exhibition markets and/or territorial markets. As each of these pictures becomes identifiable and available, the allocated portion of the non-returnable advance is to be included in Employer's gross for that quarter. The Employer shall notify the Guild of its allocation when the report of "" Employer's gross," which includes the advance, is to be filed. The Guild has the right to challenge in an arbitration a failure to allocate or any allocation that it contends is not fair and reasonable. If Such Program is available in any territory or by any means of exhibition, and is identifiable and the amount of the advance is ascertainable, but the Employer does not provide the Guild with the information required by this Agreement and applicable law, then the advance shall be deemed includable in "" Employer's gross" no later than six (6) months after the Employer receives it. An advance received by an Employer's parent, subsidiary or any other related or affiliated entity or successor-in-interest, or by any other entity to which the advance payment is directed by the Employer or license or distribution agreement, shall be considered as an advance payment received by the Employer. Concurrently with the furnishing of each such report, the Employer will make the payments shown to be due by such report. All payments shall be made by checks payable to the order of the Pension Plan and the Employees (as the case may be) entitled thereto, and shall be delivered to the Guild for forwarding to the Pension Plan and such Employees, and compliance herewith shall constitute payment to the Pension Plan and such Employees. No such payment need be made to the Pension Plan or to any individual participating Employee, until the amount due to the Pension Plan or to the respective individual has accumulated to an amount equal to or more than fifty dollars ($50.00) for such Pension Plan or such respective individual. However, at the end of any calendar or fiscal year, any amounts due shall be paid to the Pension Plan and any participating Employee. The foregoing paragraph shall apply to any prior Agreement binding upon the Employer, notwithstanding anything to the contrary elsewhere in this Article 24. No such reports need be furnished with respect to any period during which there was no such Employer's gross. The Employer shall make available for inspection by the Guild all distributor's statements and exhibitor's statements which are available to the Employer insofar as they relate to such Employer's ' s gross, and all the financial terms of contracts pertaining to such Employer's ' s gross, and the Guild shall have the right, at reasonable times, to examine the books and records of the Employer as to such Employer's gross pertaining to such distribution of any Such Program, at whatever place or places such records are customarily kept by the Employer. If the Guild requests that it be informed of the license fee paid under a 189 Article 24, Section F. license for the exhibition of Such Program in Supplemental Markets, or if the Guild requests that it be sent an extract of the financial terms of such a license, and if such information is not extensive in nature, the Employer will forward such information or extract without making it necessary for the Guild to send a representative to the offices of the Employer. In general, the Employer will cooperate in furnishing such information to the Guild by mail or telephone, when doing so is not unreasonable or burdensome. If more than one program is licensed in a single license agreement, the Employer shall inform the Guild, at its request, of the identity of the programs covered by the license, and shall make available for inspection by the Guild in the office where such license agreement is customarily kept a copy of the terms of such license showing the titles of the programs licensed under such agreement and the license fee for each such program. Employer agrees to cooperate in responding to reasonable inquiries from the Guild as to whether any such program is currently being distributed for telecasting on pay television or in any other Supplemental Market as herein defined. An inadvertent failure to comply with the reporting provisions of this section shall not constitute a default by the Employer hereunder, provided such failure is cured promptly after notice thereof from the Guild is received by the Employer. Employer shall make all social security, withholding, unemployment insurance and disability insurance payments required by law with respect to the additional compensation provided for in this Article 24. If the Employer shall fail to make any payment provided for in this Article 24 when and as the same becomes due and payable, it shall bear interest at the rate of one percent (1%) per month on the unpaid balance thereof commencing to accrue from the date payment is due. The compensation payable under this Article 24 shall be excluded from the gross compensation upon which the Employer contributions are to be made to the Pension Plan and Health and Welfare Plan. If any Employee's employment agreement with the Employer requires that such Employee's compensation shall be based, in whole or in part, upon, or measured by, a percentage of the gross receipts derived from the distribution of Such Program, then such percentage compensation shall be credited against any amounts payable to such Employee hereunder, and likewise any payment due to such Employee hereunder shall be credited against such percentage compensation. When all or a part of any Employee's compensation is a specified sum of money, commonly known and referred to as a "deferment," such deferment may not be credited against amounts payable by the Employer to such Employee hereunder.

REPORTS AND MANNER OF PAYMENT. Within a reasonable time after the expiration of each calendar or fiscal quarter, but not exceeding sixty (60) days, Employer will furnish or cause to be furnished to the Guild a written report showing the Employer's gross during the preceding quarter from the distribution of each Such Program by Employer in Supplemental Markets with respect to which Employer is required to make payments hereunder (whether distributed by the Employer or through another distributor). A "non-returnable advance" is to be included in "Employer's gross" when Such Program is "available" and "identifiable" and the amount of the advance payment is "ascertainable." Such Program is "available" when the first of the following occurs: (1) The product first may be exhibited or otherwise exploited by a specified method of distribution and in a territory under the terms of the applicable license or distribution agreement, or (2) It first may be sold or rented by a retailer under the terms of the applicable license or distribution agreement. Such Program is "identifiable" when the Employer first knows or reasonably should have known that a given motion picture is covered by a particular license or distribution agreement for its exploitation in the applicable market. The amount of the advance payment is "ascertainable" if: (1) the advance is for one motion picture, means of exhibition, and territory, or (2) the total amount of the advance is for more than one motion picture, means of exhibition and/or territory, in which case the Employer shall fairly and reasonably allocate such advance among the licensed motion pictures, exhibition markets and/or territorial markets. As each of these pictures becomes identifiable and available, the allocated portion of the non-returnable advance is to be included in Employer's gross for that quarter. The Employer shall notify the Guild of its allocation when the report of "Employer's gross," which includes the advance, is to be filed. The Guild has the right to challenge in an arbitration a failure to allocate or any allocation that it contends is not fair and reasonable. If Such Program is available in any territory or by any means of exhibition, and is identifiable and the amount of the advance is ascertainable, but the Employer does not provide the Guild with the information required by this Agreement and applicable law, then the advance shall be deemed includable in "Employer's gross" no later than six (6) months after the Employer receives it. An advance received by an Employer's parent, subsidiary or any other related or affiliated entity or successor-in-interest, or by any other entity to which the advance payment is directed by the Employer or license or distribution agreement, shall be considered as an advance payment received by the Employer. Concurrently with the furnishing of each such report, the Employer will make the payments shown to be due by such report. All payments shall be made by checks payable to the order of the Pension Plan and the Employees (as the case may be) entitled thereto, and shall be delivered to the Guild for forwarding to the Pension Plan and such Employees, and compliance herewith shall constitute payment to the Pension Plan and such Employees. No such payment need be made to the Pension Plan or to any individual participating Employee, until the amount due to the Pension Plan or to the respective individual has accumulated to an amount equal to or more than fifty dollars ($50.00) for such Pension Plan or such respective individual. However, at the end of any calendar or fiscal year, any amounts due shall be paid to the Pension Plan and any participating Employee. The foregoing paragraph shall apply to any prior Agreement binding upon the Employer, notwithstanding anything to the contrary elsewhere in this Article 24. No such reports need be furnished with respect to any period during which there was no such Employer's gross. The Employer shall make available for inspection by the Guild all distributor's statements and exhibitor's statements which are available to the Employer insofar as they relate to such Employer's gross, and all the financial terms of contracts pertaining to such Employer's gross, and the Guild shall have the right, at reasonable times, to examine the books and records of the Employer as to such Employer's gross pertaining to such distribution of any Such Program, at whatever place or places such records are customarily kept by the Employer. If the Guild requests that it be informed of the license fee paid under a 195 Article 24, Section F. license for the exhibition of Such Program in Supplemental Markets, or if the Guild requests that it be sent an extract of the financial terms of such a license, and if such information is not extensive in nature, the Employer will forward such information or extract without making it necessary for the Guild to send a representative to the offices of the Employer. In general, the Employer will cooperate in furnishing such information to the Guild by mail or telephone, when doing so is not unreasonable or burdensome. If more than one program is licensed in a single license agreement, the Employer shall inform the Guild, at its request, of the identity of the programs covered by the license, and shall make available for inspection by the Guild in the office where such license agreement is customarily kept a copy of the terms of such license showing the titles of the programs licensed under such agreement and the license fee for each such program. Employer agrees to cooperate in responding to reasonable inquiries from the Guild as to whether any such program is currently being distributed for telecasting on pay television or in any other Supplemental Market as herein defined. An inadvertent failure to comply with the reporting provisions of this section shall not constitute a default by the Employer hereunder, provided such failure is cured promptly after notice thereof from the Guild is received by the Employer. Employer shall make all social security, withholding, unemployment insurance and disability insurance payments required by law with respect to the additional compensation provided for in this Article 24. If the Employer shall fail to make any payment provided for in this Article 24 when and as the same becomes due and payable, it shall bear interest at the rate of one percent (1%) per month on the unpaid balance thereof commencing to accrue from the date payment is due. The compensation payable under this Article 24 shall be excluded from the gross compensation upon which the Employer contributions are to be made to the Pension Plan and Health Plan. If any Employee's employment agreement with the Employer requires that such Employee's compensation shall be based, in whole or in part, upon, or measured by, a percentage of the gross receipts derived from the distribution of Such Program, then such percentage compensation shall be credited against any amounts payable to such Employee hereunder, and likewise any payment due to such Employee hereunder shall be credited against such percentage compensation. When all or a part of any Employee's compensation is a specified sum of money, commonly known and referred to as a "deferment," such deferment may not be credited against amounts payable by the Employer to such Employee hereunder.