Common use of Warranties and Indemnity Clause in Contracts

Warranties and Indemnity. By signing the Deal Memo the Writer warrants that the Writer: 28.1 is or will be the sole author of the Script which is wholly original to the Writer (except to the extent that it is based on or relates to the work of third parties provided by the BBC or a third party work which is otherwise agreed for inclusion in writing by the Writer and the BBC in the Deal Memo) and does not infringe the copyright or any other right of any third party nor contain any defamatory statement or innuendo which if published in any form whatsoever might confer on any person firm or company a right of action or claim for damages (provided however that the Writer shall not be liable for any defamatory matter which in the opinion of the BBC was included in the Script without negligence or malice on the Writer’s part) 28.2 is free to accept this engagement, and has no commitments and will not make or accept any commitment which shall prevent the full rendering of the Writer's services required to the BBC in accordance with this Agreement 28.3 is a “qualifying person” (for the purpose of ensuring that the Script qualifies as a copyright work) within the meaning of the Act 28.4 will at the expense of the BBC do all such further acts and sign or execute all such further documents or deeds as the BBC may require to protect vest in or confirm to it the rights intended to be granted hereby 28.5 will indemnify the BBC against all actions proceedings costs claims and damages and any compensation agreed on the advice of Counsel arising from any breach or non-performance by the Writer of any warranty contained in this Agreement. The BBC will consult with the Writer prior to settling any claim against the BBC by a third party pursuant to this clause.

Appears in 8 contracts

Samples: Commission Agreement, Radio Drama Script Commissioning Agreement, Radio Drama Script Commissioning Agreement

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Warranties and Indemnity. By signing the Deal Memo the Writer warrants that the Writer: 28.1 27.1 is or will be the sole author of the Script which is wholly original to the Writer (except to the extent that it is based on or relates to the work of third parties provided by the BBC or a third party work which is otherwise agreed for inclusion in writing by the Writer and the BBC in the Deal Memo) and does not infringe the copyright or any other right of any third party nor contain any defamatory statement or innuendo which if published in any form whatsoever might confer on any person firm or company a right of action or claim for damages (provided however that the Writer shall not be liable for any defamatory matter which in the opinion of the BBC was included in the Script without negligence or malice on the Writer’s part) 28.2 27.2 is free to accept this engagement, and has no commitments and will not make or accept any commitment which shall prevent the full rendering of the Writer's services required to the BBC in accordance with this Agreement 28.3 27.3 is a “qualifying person” (for the purpose of ensuring that the Script qualifies as a copyright work) within the meaning of the Act 28.4 27.4 will at the expense of the BBC do all such further acts and sign or execute all such further documents or deeds as the BBC may require to protect vest in or confirm to it the rights intended to be granted hereby 28.5 27.5 will indemnify the BBC against all actions proceedings costs claims and damages and any compensation agreed on the advice of Counsel arising from any breach or non-performance by the Writer of any warranty contained in this Agreement. The BBC will consult with the Writer prior to settling any claim against the BBC by a third party pursuant to this clause.

Appears in 4 contracts

Samples: Radio Drama Script Commissioning Agreement, Commission Agreement, Radio Drama Script Commissioning Agreement

Warranties and Indemnity. By signing the Deal Memo the Writer 12.1 The Owner warrants that the WriterOwner: 28.1 (a) is or will be the sole author of the Script Format which is wholly original to the Writer Owner (except to the extent that it is based on or relates to the work of third parties provided by the BBC or a third party work which is otherwise agreed for inclusion in writing by the Writer and the BBC in the Deal MemoBBC) and does not infringe the copyright or any other right of any third party nor to the best of the Owner’s reasonable knowledge and belief contain any defamatory statement or innuendo which if published in any form whatsoever might confer on any person firm or company a right of action or claim for damages damages; (provided however that b) has full right, title and authority to enter into this Agreement and the Writer shall Owner is not be liable for bound by any defamatory matter previous agreement which in adversely affects this Agreement; (c) has not charged or encumbered the opinion of the BBC was included in the Script without negligence or malice on the Writer’s part) 28.2 is free to accept this engagement, and has no commitments and will not make or accept any commitment which shall prevent the full rendering of the Writer's services required rights granted to the BBC in accordance to or with this Agreementany third party; 28.3 (d) is a “qualifying person” (for the purpose of ensuring that the Script qualifies as a copyright work) within the meaning of the ActCopyright, Designs and Patents Xxx 0000; 28.4 (e) will at the expense of the BBC do all such further acts and sign or execute all such further documents or deeds as the BBC may require to protect vest in or confirm to it the rights intended to be granted hereby; 28.5 (f) will indemnify the BBC against all actions proceedings costs claims and damages and any compensation agreed on the advice of Counsel arising from any breach or non-performance by the Writer Owner of any warranty contained in this Agreement. The BBC will consult with the Writer Owner prior to settling any claim against for which the BBC by a third party Owner may be liable pursuant to this clause. 12.2 The Owner agrees that: (a) the Owner shall be responsible for all national insurance, personal tax or VAT which may be payable in consequence of this Agreement; (b) the Owner shall not incur any liabilities on behalf of the BBC or pledge the BBC’s credit; (c) nothing contained in this Agreement shall place the BBC under any obligation to make, produce or exploit any Programmes or any part or parts of them or to exploit the Primary Rights or the Secondary Rights.

Appears in 2 contracts

Samples: Format Agreement, Format Agreement

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Warranties and Indemnity. By signing the Deal Memo the The Writer warrants that the Writer: 28.1 10.1 is or will be the sole author of the Script Work which is or will be wholly original to the Writer (except to the extent that it is based on or relates to the work of third parties provided by the BBC or a third party work which is otherwise agreed for inclusion in writing by the Writer and the BBC in the Deal MemoBBC) and does not infringe the copyright or any other right of any third party nor contain any defamatory statement or innuendo which if published in any form whatsoever might confer on any person firm or company a right of action or claim for damages (provided however that the Writer shall not be liable for any defamatory matter which in the opinion of the BBC was included in the Script Work without negligence or malice on the Writer’s part) 28.2 10.2 is free to accept this engagement, and has no commitments and will not make or accept any commitment which shall prevent the full rendering of the Writer's services required to the BBC in accordance with this Agreement; 28.3 10.3 is a “qualifying person” (for the purpose of ensuring that the Script Work qualifies as a copyright work) within the meaning of the ActAct ; 28.4 10.4 has not granted and, for so long as this Agreement remains in effect, will not grant or attempt to grant to any other person, firm or corporation any rights the exercise of which would in any way derogate from or be inconsistent with the rights granted under this Agreement; 10.5 will at the expense of the BBC do all such further acts and sign or execute all such further documents or deeds as the BBC may require to protect vest in or confirm to it the rights intended to be granted hereby; 28.5 10.6 will indemnify the BBC against all actions proceedings costs claims and damages and any compensation agreed on the advice of Counsel arising from any breach or non-performance by the Writer of any warranty contained in this Agreement. The BBC will consult with the Writer prior to settling any claim against the BBC by a third party pursuant to this clause.

Appears in 1 contract

Samples: Radio Commissioning Agreement

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