Supply of Information. 6.1 In relation to any and all Repertoire Works reproduced under this Agreement, the Licensee will deliver the Music Usage Information to the Licensors or to the Licensors’ duly authorised agent (details of which will be provided to the Licensee) in the standard electronic reporting format (a copy of which is attached at Appendix 3) not later than 2 months following the end of the Quarter to which the Music Usage Information relates. 6.2 The Licensee must also supply the Licensors with any further information or documentation in its possession, power, custody or control (and use its best endeavours to supply the Licensors with any further information or documentation not in its possession, power, custody or control) reasonably requested by the Licensors at any time, in order to enable the Licensors to verify the Repertoire Work(s) which have been reproduced and distributed under this Agreement or to verify that the Licensee is abiding by the terms and conditions of this Agreement. 6.3 The Licensee acknowledges that the Licensors have a responsibility to maximise the efficiency of their reporting to its Members and the Associated Societies. Therefore, if the Licensors wish to make any reasonable upgrade or alteration of whatsoever nature to the Reporting Form as specifically referred to in Appendix 2, and/or Music Usage Information or data specification referred to in Appendix 3 during the Term, the Licensee agrees to use its best endeavours to implement the changes required as soon as is reasonably practicable, PROVIDED THAT the Licensors shall not request that the Licensee implements the change within 3 months of the date on which the request is made, and in each case of a change the following procedures shall apply: (a) the Licensors shall give full details thereof in writing to the Licensee; (b) the Licensee will respond in writing within 4 weeks of receipt of the request, stating the date by which it commits to comply with the change and the Licensors shall provide full assistance to the Licensee in order to assist the Licensee in complying with the change; and the parties will then finalise the details and undertake tests to ensure that the change operates satisfactorily within the terms of this Agreement, satisfactory operation of which will be deemed acceptance of the change and Appendix 2 and/or Appendix 3 and/or the definition of the Reporting Form and/or Music Usage Information will be amended or replaced accordingly.
Appears in 4 contracts
Samples: Secondary Exploitation Agreement, Music Services Agreement, Music Services Agreement
Supply of Information. 6.1 In relation to any and all Repertoire Works reproduced and communicated to the public under this AgreementAgreement via all Licensed Services, the Licensee will deliver the Music Usage Information to the Licensors or to the Licensors’ duly authorised agent (details of which will be provided to the Licensee) in the standard electronic reporting format (a copy of which is attached at Appendix 3) not later than 2 months Electronic Reporting Format quarterly one month following the end of the Quarter to which the Music Usage Information relates.
6.2 The Licensee must also supply the Licensors with any further information or documentation in its possession, power, custody or control (and use its best reasonable endeavours to supply the Licensors with any further information or documentation not in its possession, power, custody or control) reasonably requested by the Licensors at any time, in order to enable the Licensors to verify the Repertoire Work(s) which have been reproduced or distributed via all Licensed Services.
6.3 Where any or all of the Licensed Services are accessible by Users only on payment of subscription or other similar payment (or access is otherwise limited or controlled in some way), the Licensee shall, upon request of the Licensors, use reasonable endeavours to ensure that such Licensed Services are at all times accessible by the Licensors (and distributed under this Agreement or to verify PRS for Music) free of charge for the purposes of the Licensors verifying that the Licensee is abiding by the terms and conditions of acting in accordance with this Agreement. For the avoidance of doubt, the Licensee shall not be required to provide free access to downloads under a Music Download Service or to provide free access to a mobile phone network or internet access.
6.3 6.4 The Licensee acknowledges that the Licensors have a responsibility to maximise the efficiency of their reporting to its their Members and the Associated Societies. Therefore, if the Licensors wish to make any reasonable upgrade or alteration of whatsoever nature to the Reporting Form as specifically referred to in Appendix 2, and/or Music Usage Information or data specification referred to in Appendix 3 during the Term, the Licensee agrees to use its best reasonable endeavours to implement the changes required as soon as is reasonably practicable, PROVIDED THAT the Licensors shall not request that the Licensee implements the change within 3 in less than six months from the making of the date on which the request is maderequest, and in each case of a change the following procedures shall apply:
(a) the Licensors shall give full details thereof in writing to the Licensee;
(b) the Licensee will respond in writing within 4 weeks of receipt of the request, stating the date by which it commits to comply with the change and the Licensors shall provide full assistance to the Licensee in order to assist the Licensee in complying with the change; and the parties will then finalise the details and undertake tests to ensure that the change operates satisfactorily within the terms of this Agreement, satisfactory operation of which will be deemed acceptance of the change and Appendix 2 and/or Appendix 3 and/or the definition of the Reporting Form and/or Music Usage Information will be amended or replaced accordingly. For the purpose of this clause, in determining what change may be reasonable, regard shall be had to the DDEX project.
6.5 Without prejudice to any right in law that the Licensors may have to obtain such information, the Licensee shall not be obliged to provide to the Licensors any information which identifies Users or which otherwise constitutes “personal data” as defined in the Data Protection Act 1998. For the avoidance of doubt, the Licensee must still provide all required Music Usage Information (or other information to be provided under this Agreement), but is entitled to remove any element of it which reveals the identity of Users or otherwise causes it to include or constitute “personal data”.
Appears in 3 contracts
Samples: License Agreement, License Agreement, License Agreement
Supply of Information. 6.1 In relation to any and all Repertoire Works reproduced and made available to the public under this AgreementAgreement via all Licensed Services, the Licensee will deliver the a fully and accurately completed Music Usage Information Declaration to the Licensors or to the Licensors’ duly authorised agent (details of which will be provided to the Licensee) in the standard electronic reporting format (a copy within 14 days of which is attached at Appendix 3) not later than 2 months following the end of the Quarter to which the Music Usage Information relateseach Quarter.
6.2 The Licensee must also supply the Licensors with any further information or documentation in its possession, power, custody or control (and use its best reasonable endeavours to supply the Licensors with any further information or documentation not in its possession, power, custody or control) reasonably requested by the Licensors at any time, in order to enable the Licensors to verify the Repertoire Work(s) which have been reproduced and distributed under this Agreement or made available to verify the public via all Licensed Services.
6.3 Where any or all of the Licensed Services are accessible by Users only on payment of subscription or other similar payment (or access is otherwise limited or controlled in some way), the Licensee shall, upon request of the Licensors, use reasonable endeavours to ensure that such Licensed Services are at all times accessible by the Licensors free of charge for the purposes of the Licensors verifying that the Licensee is abiding by the terms and conditions of acting in accordance with this Agreement. For the avoidance of doubt, the Licensee shall not be required to provide free access to Downloads under a Permanent Download Service or to provide free access to a mobile phone network or internet access.
6.3 6.4 The Licensee acknowledges email addresses for delivery of the Music Usage Declaration referred to in clauses 6.1 are xxxxxxxxxxxxxxx@xxxx.xx xxxxxxxxxxxxxxx@xxxx.xx
6.5 Without prejudice to any right in law that the Licensors may have a responsibility to maximise obtain such information, the efficiency of their reporting Licensee shall not be obliged to its Members and the Associated Societies. Therefore, if provide to the Licensors wish to make any reasonable upgrade information which identifies Users or alteration which otherwise constitutes “personal data” as defined in the Data Protection Acts 1988 and 2003. For the avoidance of whatsoever nature to doubt, the Reporting Form as specifically referred to in Appendix 2, and/or Licensee must still provide all required Music Usage Information (or data specification referred other information to in Appendix 3 during the Term, the Licensee agrees to use its best endeavours to implement the changes required as soon as is reasonably practicable, PROVIDED THAT the Licensors shall not request that the Licensee implements the change within 3 months of the date on which the request is made, and in each case of a change the following procedures shall apply:
(a) the Licensors shall give full details thereof in writing to the Licensee;
(b) the Licensee will respond in writing within 4 weeks of receipt of the request, stating the date by which it commits to comply with the change and the Licensors shall provide full assistance to the Licensee in order to assist the Licensee in complying with the change; and the parties will then finalise the details and undertake tests to ensure that the change operates satisfactorily within the terms of be provided under this Agreement), satisfactory operation but is entitled to remove any element of it which will be deemed acceptance reveals the identity of the change and Appendix 2 and/or Appendix 3 and/or the definition of the Reporting Form and/or Music Usage Information will be amended Users or replaced accordinglyotherwise causes it to include or constitute “personal data”.
Appears in 2 contracts
Samples: Joint Limited Online Exploitation Licence for Private Use, Joint Limited Online Exploitation Licence for Private Use
Supply of Information. 6.1 In relation 4.01 Dainippon represents and warrants that to the best knowledge of Dainippon, Dainippon has furnished Sunesis prior to the Effective Date with all substantial information requested by Sunesis (and has not withheld from Sunesis any material information) in its possession as of the Effective Date necessary or useful to enable Sunesis to properly evaluate safety and efficacy of the Compounds and/or the Products, or which would otherwise be material to Sunesis’ decision to enter into this Agreement and to undertake the obligations set forth herein, including all Repertoire Works reproduced information provided to Sunesis under the Option Agreement, the Confidentiality Agreement or the Material Transfer Agreement.
4.02 Dainippon’s obligations under Article 3 of the Option Agreement to provide Sunesis with all documents listed in Schedule B thereto shall continue to apply to the extent that such obligations have not been satisfied by Dainippon prior to execution of this Agreement. Upon execution of this Agreement, and from time to time for the Licensee will deliver the Music Usage duration of this Agreement thereafter when it becomes available to Dainippon, Dainippon shall promptly supply Sunesis with other Information and Know-How in Dainippon’s possession or available to Dainippon.
4.03 In addition to Section 4.02 above, if Sunesis or Dainippon identifies a particular item pertaining to the Licensors Compounds and/or the manufacture thereof that Dainippon owns or has the right to provide to Sunesis hereunder but has not been previously transferred to Sunesis, and without which Sunesis’ performance or exercise of rights under this Agreement would be materially impeded by not having such item, Dainippon shall use reasonable efforts to provide the Licensors’ duly authorised agent (details of which will be provided same to the Licensee) in the standard electronic reporting format (a copy of which is attached at Appendix 3) not later than 2 months following the end of the Quarter Sunesis as soon as practicable, subject to such non-disclosure obligations to which the Music Usage Information relatesdisclosure of such requested item may be subject.
6.2 The Licensee must also supply 4.04 Any Information and Know-How supplied by Dainippon to Sunesis before the Licensors with any further information or documentation in its possession, power, custody or control (and use its best endeavours to supply the Licensors with any further information or documentation not in its possession, power, custody or control) reasonably requested by the Licensors at any time, in order to enable the Licensors to verify the Repertoire Work(s) which have Effective Date shall be regarded as having been reproduced and distributed supplied under this Agreement or to verify that the Licensee is abiding and shall be governed by the terms and conditions of this Agreementcontained herein.
6.3 The Licensee acknowledges that the Licensors have a responsibility to maximise the efficiency of their reporting to its Members and the Associated Societies. Therefore, if the Licensors wish to make any reasonable upgrade or alteration of whatsoever nature to the Reporting Form as specifically referred to in Appendix 2, and/or Music Usage Information or data specification referred to in Appendix 3 during the Term, the Licensee agrees to use its best endeavours to implement the changes required as soon as is reasonably practicable, PROVIDED THAT the Licensors shall not request that the Licensee implements the change within 3 months of the date on which the request is made, and in each case of a change the following procedures shall apply:
(a) the Licensors shall give full details thereof in writing to the Licensee;
(b) the Licensee will respond in writing within 4 weeks of receipt of the request, stating the date by which it commits to comply with the change and the Licensors shall provide full assistance to the Licensee in order to assist the Licensee in complying with the change; and the parties will then finalise the details and undertake tests to ensure that the change operates satisfactorily within the terms of this Agreement, satisfactory operation of which will be deemed acceptance of the change and Appendix 2 and/or Appendix 3 and/or the definition of the Reporting Form and/or Music Usage Information will be amended or replaced accordingly.
Appears in 2 contracts
Samples: License Agreement (Sunesis Pharmaceuticals Inc), License Agreement (Sunesis Pharmaceuticals Inc)
Supply of Information. 6.1 In relation to any and all Repertoire Works reproduced and communicated to the public under this AgreementAgreement via all Licensed Services, the Licensee will deliver the Music Usage Information to the Licensors or to the Licensors’ duly authorised agent (details of which will be provided to the Licensee) in the standard electronic reporting format (a copy of which is attached at Appendix 3) not later than 2 months Electronic Reporting Format quarterly one month following the end of the Quarter to which the Music Usage Information relates.
6.2 The Licensee must also supply the Licensors with any further information or documentation in its possession, power, custody or control (and use its best reasonable endeavours to supply the Licensors with any further information or documentation not in its possession, power, custody or control) reasonably requested by the Licensors at any time, in order to enable the Licensors to verify the Repertoire Work(s) which have been reproduced or distributed via all Licensed Services.
6.3 Where any or all of the Licensed Services are accessible by Users only on payment of subscription or other similar payment (or access is otherwise limited or controlled in some way), the Licensee shall, upon request of the Licensors, use reasonable endeavours to ensure that such Licensed Services are at all times accessible by the Licensors (and distributed under this Agreement or to verify PRS for Music) free of charge for the purposes of the Licensors verifying that the Licensee is abiding by the terms and conditions of acting in accordance with this Agreement. For the avoidance of doubt, the Licensee shall not be required to provide free access to downloads under a Music Download Service or to provide free access to a mobile phone network or internet access.
6.3 6.4 The Licensee acknowledges that the Licensors have a responsibility to maximise the efficiency of their reporting to its their Members and the Associated Societies. Therefore, if the Licensors wish to make any reasonable upgrade or alteration of whatsoever nature to the Reporting Form as specifically referred to in Appendix 2, and/or Music Usage Information or data specification referred to in Appendix 3 during the Term, the Licensee agrees to use its best reasonable endeavours to implement the changes required as soon as is reasonably practicable, PROVIDED THAT the Licensors shall not request that the Licensee implements the change within 3 in less than six months from the making of the date on which the request is maderequest, and in each case of a change the following procedures shall apply:
(a) the Licensors shall give full details thereof in writing to the Licensee;
(b) the Licensee will respond in writing within 4 weeks of receipt of the request, stating the date by which it commits to comply with the change and the Licensors shall provide full assistance to the Licensee in order to assist the Licensee in complying with the change; and the parties will then finalise the details and undertake tests to ensure that the change operates satisfactorily within the terms of this Agreement, satisfactory operation of which will be deemed acceptance of the change and Appendix 2 and/or Appendix 3 and/or the definition of the Reporting Form and/or Music Usage Information will be amended or replaced accordingly. For the purpose of this clause, in determining what change may be reasonable, regard shall be had to the DDEX project.
6.5 Without prejudice to any right in law that the Licensors may have to obtain such information, the Licensee shall not be obliged to provide to the Licensors any information which identifies Users or which otherwise constitutes “personal data” as defined in the Data Protection Act 2018. For the avoidance of doubt, the Licensee must still provide all required Music Usage Information (or other information to be provided under this Agreement), but is entitled to remove any element of it which reveals the identity of Users or otherwise causes it to include or constitute “personal data”.
Appears in 1 contract
Samples: License Agreement
Supply of Information. 6.1 8.1 In relation to any and all Repertoire Works reproduced and made available to the public (or otherwise accessed through a Licensed Service if from “pre-loaded” copies pursuant to clause 2.1(c)) under this AgreementAgreement via all Licensed Services, the Licensee will deliver the Music Usage Information to the Licensors or to the Licensors’ duly authorised agent (details of which will be provided to the Licensee) in the standard electronic reporting format Electronic Reporting Format monthly (a copy of which where the Licensee is attached at Appendix 3undertaking monthly accounting) not later than 2 months following or quarterly (where the end of Licensee is undertaking quarterly accounting) by the Quarter to which the Music Usage Information relatesReporting Date.
6.2 8.2 The Licensee must also supply the Licensors with any further information or documentation in its possession, power, custody or control (and use its best reasonable endeavours to supply the Licensors with any further information or documentation not in its possession, power, custody or control) reasonably requested by the Licensors at any time, in order to enable the Licensors to verify the Repertoire Work(s) which have been reproduced and or distributed under this Agreement via all Licensed Services.
8.3 Where any or all of the Licensed Services are accessible by Users only on payment of subscription or other similar payment (or access is otherwise limited or controlled in some way), the Licensee shall, upon request of the Licensors, use reasonable endeavours to verify ensure that such Licensed Services are at all times accessible by the Licensors free of charge for the purposes of the Licensors verifying that the Licensee is abiding by the terms and conditions of acting in accordance with this Agreement. For the avoidance of doubt, the Licensee shall not be required to provide free access to downloads under a Permanent Download Service or to provide free access to a mobile phone network or internet access.
6.3 8.4 The Licensee acknowledges that the Licensors have a responsibility to maximise the efficiency of their reporting to its the Members and the Associated Societies. Therefore, if the Licensors wish to make any reasonable upgrade or alteration of whatsoever nature to the Reporting Form as specifically referred to in Appendix 2, and/or Music Usage Information or data specification referred to in Appendix 3 schedule 4 during the Term, the Licensee agrees to use its best reasonable endeavours to implement the changes required as soon as is reasonably practicable, PROVIDED THAT the Licensors shall not request that the Licensee implements the change within 3 in less than six months from the making of the date on which the request is maderequest, and in each case of a change the following procedures shall apply:
(a) the Licensors shall give full details thereof in writing to the Licensee;
(b) the Licensee will respond in writing within 4 weeks of receipt of the request, stating the date by which it commits to comply with the change and the Licensors shall provide full assistance to the Licensee in order to assist the Licensee in complying with the change; and the parties will then finalise the details and undertake tests to ensure that the change operates satisfactorily within the terms of this Agreement, satisfactory operation of which will be deemed acceptance of the change and Appendix 2 and/or Appendix 3 schedule 4 and/or the definition of the Reporting Form and/or Music Usage Information will be amended or replaced accordingly. For the purpose of this clause, in determining what change may be reasonable, regard shall be had to the DDEX project.
8.5 Without prejudice to any right in law that the Licensors may have to obtain such information, the Licensee shall not be obliged to provide to the Licensors any information which identifies Users or which otherwise constitutes “personal data” as defined in the Data Protection Acts 1988 and 2003. For the avoidance of doubt, the Licensee must still provide all required Music Usage Information (or other information to be provided under this Agreement), but is entitled to remove any element of it which reveals the identity of Users or otherwise causes it to include or constitute “personal data”.
8.6 The Licensee shall notify the Licensors in writing in advance of all arrangements which it enters into for “pre-loading” content on Data Storage Devices pursuant to clause 2.1(c), such notification to include details of the relevant Data Storage Devices.
8.7 Subject to the permitted uses and disclosures of its confidential information provided for in this agreement, IMRO and MCPSI shall each keep confidential all confidential information provided to IMRO or MCPSI by Licensee pursuant to this Agreement. Licensee though acknowledges that XXXX and XXXXX may disclose the said confidential information to any of its directors, officers, employees, members or sister organisations to the extent that disclosure is reasonably necessary for the purposes of this Agreement and for the purposes of administering the Repertoire Works and accounting to members and sister organisations for the administration of the Repertoire Works.
8.8 IMRO may disclose the confidential information referred to in sub clause 1 if and to the extent that:
(a) this is required by the law of any relevant jurisdiction or pursuant to a request or order of a regulator or court of a competent jurisdiction;
(b) this is required by any securities, exchange or regulatory or governmental body to which IMRO or MCPSI is subject;
(c) the information is disclosed on a strictly confidential basis to the professional advisers, auditors and bankers of IMRO or MCPSI;
(d) the information has come into the public domain through no fault of IMRO or MCPSI;
(e) the information was in the possession of IMRO or MCPSI before disclosure by Licensee;
(f) it is required to enable IMRO or MCPSI to enforce its rights under this Agreement.
Appears in 1 contract
Samples: Joint Licensing Agreement
Supply of Information. 6.1 In relation to any and all Repertoire Works reproduced and made available to the public under this AgreementAgreement via all Licensed Services, the Licensee will deliver the Music Usage Information to the Licensors or to the Licensors’ duly authorised agent (details of which will be provided to the Licensee) in the standard electronic reporting format (a copy of which is attached at Appendix 3) not later than 2 months Electronic Reporting Format quarterly one month following the end of the Quarter to which the Music Usage Information relates.
6.2 The Licensee must also supply the Licensors with any further information or documentation in its possession, power, custody or control (and use its best reasonable endeavours to supply the Licensors with any further information or documentation not in its possession, power, custody or control) reasonably requested by the Licensors at any time, in order to enable the Licensors to verify the Repertoire Work(s) which have been reproduced or distributed via all Licensed Services.
6.3 Where any or all of the Licensed Services are accessible by Users only on payment of subscription or other similar payment (or access is otherwise limited or controlled in some way), the Licensee shall, upon request of the Licensors, use reasonable endeavours to ensure that such Licensed Services are at all times accessible by the Licensors (and distributed under this Agreement or to verify IMRO for Music) free of charge for the purposes of the Licensors verifying that the Licensee is abiding by the terms and conditions of acting in accordance with this Agreement. For the avoidance of doubt, the Licensee shall not be required to provide free access to downloads under a Music Download Service or to provide free access to a mobile phone network or internet access.
6.3 6.4 The Licensee acknowledges that the Licensors have a responsibility to maximise the efficiency of their reporting to its their Members and the Associated Societies. Therefore, if the Licensors wish to make any reasonable upgrade or alteration of whatsoever nature to the Reporting Form as specifically referred to in Appendix 2, and/or Music Usage Information or data specification referred to in Appendix 3 during the Term, the Licensee agrees to use its best reasonable endeavours to implement the changes required as soon as is reasonably practicable, PROVIDED THAT the Licensors shall not request that the Licensee implements the change within 3 in less than six months from the making of the date on which the request is maderequest, and in each case of a change the following procedures shall apply:
(a) the Licensors shall give full details thereof in writing to the Licensee;
(b) the Licensee will respond in writing within 4 weeks of receipt of the request, stating the date by which it commits to comply with the change and the Licensors shall provide full assistance to the Licensee in order to assist the Licensee in complying with the change; and the parties will then finalise the details and undertake tests to ensure that the change operates satisfactorily within the terms of this Agreement, satisfactory operation of which will be deemed acceptance of the change and Appendix 2 and/or Appendix 3 and/or the definition of the Reporting Form and/or Music Usage Information will be amended or replaced accordingly. For the purpose of this clause, in determining what change may be reasonable, regard shall be had to the DDEX project.
6.5 Without prejudice to any right in law that the Licensors may have to obtain such information, the Licensee shall not be obliged to provide to the Licensors any information which identifies Users or which otherwise constitutes “personal data” as defined in the Data Protection Act 1998. For the avoidance of doubt, the Licensee must still provide all required Music Usage Information (or other information to be provided under this Agreement), but is entitled to remove any element of it which reveals the identity of Users or otherwise causes it to include or constitute “personal data”.
Appears in 1 contract
Samples: License Agreement
Supply of Information. 6.1 In relation to any and all Repertoire Works reproduced under this Agreement, the Licensee will deliver the Music Usage Information to the Licensors or to the Licensors’ duly authorised agent (details of which will be provided to the Licensee) in the standard electronic reporting format (a copy of which is attached at Appendix 3) not later than 2 months following the end of the Quarter to which the Music Usage Information relates.
6.2 The Licensee must also supply the Licensors with any further information or documentation in its possession, power, custody or control (and use its best endeavours to supply the Licensors with any further information or documentation not in its possession, power, custody or control) reasonably requested by the Licensors at any time, in order to enable the Licensors to verify the Repertoire Work(s) which have been reproduced and distributed under this Agreement or to verify that the Licensee is abiding by the terms and conditions of this Agreement.
6.3 The Licensee acknowledges that the Licensors have a responsibility to maximise the efficiency of their reporting to its Members and the Associated Societies. Therefore, if the Licensors wish to make any reasonable upgrade or alteration of whatsoever nature to the Reporting Form as specifically referred to in Appendix 2, and/or Music Usage Information or data specification referred to in Appendix 3 during the Term, the Licensee agrees to use its best endeavours to implement the changes required as soon as is reasonably practicable, PROVIDED THAT the Licensors shall not request that the Licensee implements the change within 3 months of the date on which the request is made, and in each case of a change the following procedures shall apply:
: (a) the Licensors shall give full details thereof in writing to the Licensee;
; (b) the Licensee will respond in writing within 4 weeks of receipt of the request, stating the date by which it commits to comply with the change and the Licensors shall provide full assistance to the Licensee in order to assist the Licensee in complying with the change; and the parties will then finalise the details and undertake tests to ensure that the change operates satisfactorily within the terms of this Agreement, satisfactory operation of which will be deemed acceptance of the change and Appendix 2 and/or Appendix 3 and/or the definition of the Reporting Form and/or Music Usage Information will be amended or replaced accordingly.
Appears in 1 contract
Samples: Music Services Agreement
Supply of Information. 6.1 In relation to any and all Repertoire Works Content reproduced and communicated to the public under this AgreementAgreement via all Licensed Services, the Licensee will deliver the Music a fully and accurately completed Content Usage Information Declaration to the Licensors or to the Licensors’ duly authorised agent (details of which will be provided to the Licensee) in the standard electronic reporting format (a copy within 14 days of which is attached at Appendix 3) not later than 2 months following the end of each Quarter throughout the Quarter to which the Music Usage Information relatesTerm.
6.2 The Licensee must also supply the Licensors with any further information or documentation in its possession, power, custody or control (and use its best reasonable endeavours to supply the Licensors with any further information or documentation not in its possession, power, custody or control) reasonably requested by the Licensors at any time, in order to enable the Licensors to verify the Repertoire Work(s) which have been reproduced or distributed via all Licensed Services.
6.3 Where any or all of the Licensed Services are accessible by Users only on payment of subscription or other similar payment (or access is otherwise limited or controlled in some way), the Licensee shall, upon request of the Licensors, use reasonable endeavours to ensure that such Licensed Services are at all times accessible by the Licensors (and distributed under this Agreement or to verify PRS for Music) free of charge for the purposes of the Licensors verifying that the Licensee is abiding by the terms and conditions of acting in accordance with this Agreement. For the avoidance of doubt, the Licensee shall not be required to provide free access to a mobile phone network or internet access.
6.3 6.4 The Licensee acknowledges email address for delivery of the Content Usage Declaration referred to in clauses 6.1 is xxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx
6.5 Without prejudice to any right in law that the Licensors may have a responsibility to maximise the efficiency of their reporting to its Members and the Associated Societies. Therefore, if the Licensors wish to make any reasonable upgrade or alteration of whatsoever nature to the Reporting Form as specifically referred to in Appendix 2, and/or Music Usage Information or data specification referred to in Appendix 3 during the Termobtain such information, the Licensee agrees shall not be obliged to use its best endeavours provide to implement the changes required as soon as is reasonably practicable, PROVIDED THAT the Licensors shall not request that any information which identifies Users or which otherwise constitutes “personal data” as defined in the Data Protection Act 1998. For the avoidance of doubt, the Licensee implements must still provide all required information in the change within 3 months of the date on which the request is made, and in each case of a change the following procedures shall apply:
Content Usage Declaration (a) the Licensors shall give full details thereof in writing or other information to the Licensee;
(b) the Licensee will respond in writing within 4 weeks of receipt of the request, stating the date by which it commits to comply with the change and the Licensors shall provide full assistance to the Licensee in order to assist the Licensee in complying with the change; and the parties will then finalise the details and undertake tests to ensure that the change operates satisfactorily within the terms of be provided under this Agreement), satisfactory operation but is entitled to remove any element of it which will be deemed acceptance reveals the identity of the change and Appendix 2 and/or Appendix 3 and/or the definition of the Reporting Form and/or Music Usage Information will be amended Users or replaced accordinglyotherwise causes it to include or constitute “personal data”.
Appears in 1 contract