Subsequent Productions. If this Agreement expires by its terms at any time and Employee and the Company do not enter into a new employment agreement and at any time within the Subsequent Production Period (as defined below) the Company or any successor in interest to the Company (a “Production Entity”) intends to produce or causes to be produced a theatrical or television remake, sequel or prequel (a “Subsequent Production”) of (1)any motion picture produced by the Company prior to the commencement of the Term which was produced by Employee or (2) any Credit Picture which was produced by Employee (collectively, “Original Pictures”), then the following shall apply:
A. For purposes of this Paragraph, “Subsequent Production Period”, shall mean the later of (i) five years following the expiration of this Agreement by its terms and (ii) seven years following the initial theatrical release of (x) an Original Picture or (y) a
Subsequent Productions. If within seven (7) years after the initial general theatrical release (if any) of the Picture, if Purchaser or its assignee elects (in its sole discretion) to have written a screenplay for the initial live action theatrical sequel to and/or the initial live action theatrical prequel to and/or the initial live action theatrical remake of the Picture (collectively a "Theatrical Production") and provided Seller received sole "Written by" or “Screenplay by" credit for the Picture upon Final Credit Determination and is then active as a writer in the theatrical motion picture industry and is available as, when and where reasonably required by Purchaser, then Purchaser shall first negotiate in good faith (within Purchaser’s standard parameters, but in no event upon financial terms for Seller writing services less favorable to Seller than the financial terms for Seller’s writing services set forth in this Agreement) with Seller on the screenplay for the first such Theatrical Production. If Purchaser and Seller fail to agree on terms for Seller’s services on such Theatrical Production within thirty (30) days following Purchaser’s service of notice on Seller of the commencement of negotiations therefor, if Seller is unavailable, or if Seller elects not to write, then Purchaser shall have the right to engage another writer(s) and shall have no further obligation to Seller. If Purchaser and Seller enter into an agreement for the initial Theatrical Production, such agreement shall contain a provision substantially similar to this Paragraph 15.
Subsequent Productions. Provided Manager (or its successors and assigns) has not been terminated under the provisions of section 8 or section 9 at the time Production Company (or its successors and assigns) and/or Member/Financier (or his successor and assigns) decides to produce a sequel, prequel, remake or other derivative work (such as a television spin-off), Manager (or its successors and assigns) shall be entitled to serve as the Production Services Company for the Subsequent Production for compensation to be negotiated in good faith but in no event less than the Compensation and other benefits provided in this Agreement if the Subsequent Production is a feature film, and if contemplated as a television series or other type of media, Member/Financier and Manager shall negotiate Manager's fees in good faith and within the parameters of Manager's customary fees for such work. Manager shall thereafter be entitled to perform the same role in each consecutive Subsequent Production provided Manager was actively employed in the immediate prior production.
Subsequent Productions. In the event subsequent productions are produced based on theProperty, and provided Producer is not in material uncured breach, Producer shall be "locked for life" with respect to his fixed and contingent compensation and credit for such subsequent productions as set forth in the agreement (i.e., irrespective of the time period that may pass between the initial theatrical production and the subsequent production, whether Artist is required to render services, or whether any production's final negative cost exceeds the ingoing budget). The balance of the terms and conditions shall be negotiated in good faith between the parties within Company's and Columbia Pictures' customary parameters for deals of this kind. Warmest regards, /s/ Xxxxx X. Xxxxxxxxxx Xxxxx X. Xxxxxxxxxx Title
1: ESCAPE ARTISTS PROJECTSI\Cowboys & Aliens\Letters\Cowboys & Aliens_Bob Xxxxx.032904.doc 32 XXXXX X. XXXXXXXXXX WRITER'S DIRECT DIAL Executive Vice President Tel: 000.000.0000 Fax: 000.000.0000 Business and Legal Affairs david_bl oomfi eld@spe. son y. com July 7, 2003 Xxx Xxxxx Xxxxx & Xxxxxx 0000 Xxxxxxxx Xxxxxxxxx 0xx Xxxxx Xxxxxxx Xxxxx, XX 00000 Re: "Cowboys and Aliens" / Option Purchase Agreement Dear Xxx: As you know, Escape Artists Productions, LLC ("Company") is entering into an agreement with Columbia Pictures ("Columbia") pursuant to which the long form Option-Purchase Agreement (the "Option Purchase Agreement") dated as of February 16, 2002 by and between Company and Platinum Studios, LLC ("Owner") will be assigned to Columbia for further development and possible production (and all capitalized terms used herein without definition shall have the meanings set forth in the Option Purchase Agreement). 1 In the event that pursuant to paragraph 10.5 of the Option Purchase Agreement the Property reverts to Owner, Owner agrees that Company shall be entitled to a payment (a "Subsequent Production Payment") equal to the aggregate of (a) 50% of all payments received by Owner or its affiliates for the option, license, sale or other disposition of any rights in the Property to a third party net of third party agent and lawyer commissions not to exceed 15%, plus (b) 50% of all producing fees received by Xxxxx Xxxxxxxx Xxxxxxxxx or his loan out company or any other principals of Owner or Owner's affiliates in connection with the Property net of third party agent and lawyer commissions not to exceed 15%; provided that the aggregate of all Subsequent Production Payments paid to Company s...
Subsequent Productions. If the Picture, as released, was produced substantially under the direct supervision of Artist in the capacity set forth above, and if Artist receives credit in accordance with the provisions of paragraph 7, above, and Artist has kept and performed all material covenants and conditions to be kept and performed by Artist hereunder, then, in the event that, within seven (7) years following the initial telecast of the Picture, Producer desires to develop a Pilot, Remake or Sequel, then subject to the approval of the network or financing company, Artist's being actively employed in the television (or theatrical, as the case may be) industry as a producer and Artist's availability as, when and where requested by Producer, Producer agrees to initially negotiate with Artist to render producing services such as those described in this Agreement in connection with such Pilot, Remake or Sequel on financial terms no less favorable to Artist than those set forth in this Agreement. If (i) Producer and Artist do not reach a mutually acceptable agreement for the rendition of such services by Artist within fifteen (15) days; or (ii) Artist is not available to render such services as and when requested by Producer; or (iii) the network or financing company does not approve Artist as to render such services in connection with such Pilot, Remake or Sequel, or (iv) Artist is not then actively working as a producer in the television (or theatrical, as the case may be) industry, Producer shall have no obligation whatsoever to Artist in connection therewith except as otherwise specifically set forth herein.
Subsequent Productions. If within ten (10) years following the initial release of the First Picture Purchaser or Purchaser’s assignee or designee, elects, in its sole discretion, to develop a theatrical prequel, sequel, theatrical remake, direct-to-video production, or television series pilot (or the first episode of a television series based upon the First Picture if no pilot is produced), television MOW, or television mini-series (collectively, "TV Production") based upon the First Picture, then provided Seller is then active as a writer of theatrical motion pictures or television productions, and that Seller is available as, when and where reasonably required by Purchaser, (and subject to licensee approval with respect to any TV production, and Purchaser shall use all reasonable efforts to obtain such approval), Seller shall have a right of first negotiation to render writing services on the screenplay for the first such theatrical sequel or theatrical remake or direct- to-video or the teleplay for the first such TV Production, on financial terms no less than the financial terms provided herein with respect to a theatrical production only.
Subsequent Productions. Should the Producer decide to present the Play in another performance venue or produce a film version, the Executive Producer shall receive the first right of refusal to partake in such endeavors. This right of first refusal shall last as long as the Producer holds production rights in the Play. The term subsequent production is defined as including any and all future media rights (including film rights) secured by the Producer in the Play.
Subsequent Productions. Provided that Seller, upon Final Credit Determination, shall have been accorded sole or shared “Screenplay by” credit in connection with the Project and provided further that Seller is not in material, uncured default hereof, Seller shall have the right of first opportunity to write any derivative projects, including but not limited to, the applicable projects described below, on terms no less favorable than those provided for the Project hereunder and it being agreed and acknowledged that Seller shall have the right to independently negotiate the terms and conditions of Seller’s rendering services on such Subsequent Productions (e.g. producer, consultant, etc.).
Subsequent Productions. During the Output Term and for period of five (5) years following the expiration of the Output Term and provided that SMG initially acquired the rights to produce a Subsequent Production (as such is defined below) of an Included Project, BAM shall have a continuing first opportunity to acquire the Granted Rights with respect to sequels, prequels and/or remakes (as such terms are customarily defined in the United States entertainment industry, each a "Subsequent Production") of an Included Project hereunder. SMG shall follow the submission procedures as set forth below with respect to each Subsequent Production of an Included Project. For the sake of clarification it is understood that BAM's rights to produce Products based on an Included Project shall continue in perpetuity without regard to whether BAM has rights to any Subsequent Production of such Included Project.
Subsequent Productions. A. ADDITIONAL COMPANIES After the Production, if the Managers believe that the Musical has sufficient potential to be produced again, one or more times, either as a tour or a sit down production (each, a "Subsequent Production), the Managers may, in their sole discretion, form one or more additional limited liability company(s) or similar entity(s) (each, a "Subsequent Company") so as to produce any Subsequent Production(s). To effectuate this, the Managers, on behalf of the Company, shall license to such Subsequent Company(s) those rights necessary to allow the Subsequent Company to present and otherwise exploit the Musical. The Managers also may, on behalf of the Company, license rights held by the Company to third party companies the principals of which may not include any Manager of the Company (a "Licensee Company"). In addition and in no way meant to limit the above, any Subsequent Company or Licensee Company shall pay to the Company customary and reasonable royalties, license fees and/or other compensation as consideration of the Subsequent Company's or Licensee Company's exploitation of rights in and to the Musical licensed to such Subsequent Company or Licensee Company by the Company.
