POST PRODUCTION SERVICES AGREEMENT
Exhibit
10.4
This Post
Production Services Agreement (the “Agreement”) entered into this 27th day of
August 2010 between Empire Post Media, Inc. (the “Contractor”), and 00 Xxxxx Xxx
Films (the “Customer”).
WHEREAS, Customer is developing and
preparing for production a television series currently titled “Based on a True
Story”, consisting of thirteen (13) one hour episodes, for delivery to the cable
television market (the “Episodes”), and
WHEREAS, Contractor is in the business
of providing post production work for television programs, and
WHEREAS, the Customer and Contractor
desire to enter into an agreement whereby the Contractor will perform post
production services for the Customers’ Episodes.
IT IS THEREFORE AGREED:
|
|
1.
|
The
Project. The project consists of thirteen (13) one hour
episodes for delivery to the cable television market. The
episodes will be a combination of live action and drama or dramatic
re-enactment and will involve production elements that are shot both on
location and on sound stages, including "green screen" effects shots,
computer animation and visual effects. Customer shall have
total responsibility for creation and production of all production
elements, including but not limited to those described above, and
undertakes to deliver such elements to Contractor in a High Definition
Digital format. Customer intends to commence delivery of such
elements no later than January 17,
2011.
|
|
|
2.
|
Post Production
Services. Contractor agrees to perform post production
services for the Episodes, including editing, creation and
rendering of effects, digital compositing, sound effects, sound mix, color
correction and mastering and deliverable outputs of the finished episodes,
all of which is described in more detail, along with Contractor's rates,
in Exhibit A attached hereto and made a part hereof (the
“Services”). Music will be provided by Customer in a “ready to
mix” format. Any variances, including added work or overages,
will be mutually agreed upon between the parties before such work is
undertaken.
|
|
|
3.
|
Consideration. Contractor
agrees to provide the Services and Customer agrees to pay for the Services
at the rates set forth on Exhibit A attached hereto and made a part
hereof, for a total consideration of
$1,690,000.
|
|
|
4.
|
Further Terms and
Conditions. The parties hereto, agree that all Services
and payment for Services shall be governed by the Contractor’s Standard
Terms and Conditions set forth in Exhibit B attached hereto and made a
part hereof.
|
|
|
5.
|
Notices. Any
notice or other communications required or permitted under this Agreement
shall be in writing and may be delivered , personally, by facsimile, or by
prepaid registered mail addressed to the addresses set forth below, or to
such other address as the addressee may have specified by notice under
this provision. Any such notice or other communication, if
delivered or mailed, shall be deemed to have been given when received, and
if by facsimile, shall be deemed to have been given when the appropriate
transmission report acknowledging receipt is received by the
sender. All notices shall be sent to the parties as
follows:
|
|
If to Contractor:
|
If to Customer:
|
|
Xxxxx
Xxxx, President
|
Xxxxx
Xxxxxxx
|
|
00
Xxxxx Xxx Films
|
|
|
000
Xxxxx Xxxxxxx Xxxxx, Xxx. 000
|
0000
Xxxxx Xxxxxx
|
|
Xxxxxxx
Xxxxx, XX 00000
|
Xxxxxxxx,
XX 00000
|
|
Fax
No. (000) 000-0000
|
Fax
No.
_______________
|
Courtesy copy
to:
Xxxxxxx
X. Xxxxxxx
Law
Offices of Xxxxxxx X. Xxxxxxx
00000
Xxxxxx Xxxxxx, Xxxxx 000
Xxxxxxxx
Xxxxx, XX 00000
Fax No.
(000) 000-0000
IN WITNESS WHEREOF,
the parties hereto have executed this Post Production Services Agreement as of
the date first set forth above.
|
Contractor:
|
Customer:
|
|||
|
00
XXXXX XXX FILMS
|
||||
|
By:
|
/s/ Xxxxx Xxxx
|
By:
|
/s/ Xxxxx Xxxxxxx
|
|
|
Xxxxx
Xxxx, President
|
Xxxxx
Xxxxxxx
|
|||
