By Artist. During rehearsals, the Artist may terminate his/her CTA Engagement Contract by paying the Theatre the contractual fee multiplied by the number of weeks specified in the notice clause in his/her CTA Engagement Contract. However, the termination of the Artist's services to the Theatre may not occur within the period beginning two (2) weeks prior to and ending two (2) weeks after the first public performance dates specified in the CTA Engagement Contract.
By Artist. Consultant shall cause Artist to agree in a written instrument to protect, defend, indemnify and hold Town, its members, officers, agents and employees harmless from any Liabilities arising out of a claim that Artist’s work constitutes an infringement of any patent, copyright, trademark, trade name or other proprietary right of any party.
By Artist. Artist will defend at its expense any suit brought against Organization, and will pay any settlement Artist makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim by any third party alleging that the Deliverables infringe such third party’s Intellectual Property Rights, performers’ rights, or rights of privacy or publicity. If any portion of the Deliverables becomes, or in Artist’s opinion is likely to become, the subject of a claim of infringement, Artist may, at Artist’s option: procure for Organization the right to continue using the Deliverables or, terminate this Agreement and direct R&D to refund any unused prepaid Fees for the remainder of the Term then in effect and, upon such termination, Organization will immediately cease all use of the Deliverables. Notwithstanding the foregoing, Artist will have no obligation under this Section 9.1 or otherwise with respect to any infringement claim based upon (i) any use of the Deliverables not in accordance with this Agreement or as specified in the SOW; (ii) any use of the Services in combination with other materials or content not supplied by Artist; or (iii) any modification of the Deliverables by any person other than Artist or its authorized agents (“Exclusion(s)”). This Section 9.1 states the sole and exclusive remedy of Organization and the entire liability of Artist, or any of the officers, directors, employees, shareholders, contractors or representatives of the foregoing, for infringement claims and actions. By Organization. Organization will defend at its expense any suit brought against Artist, and will pay any settlement Organization makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim arising out of or relating to (a) an Exclusion in Section 9.1 above, or (b) Organization’s breach or alleged breach of Section 5 or Organization’s obligations of confidentiality in Section 6.
By Artist. Artist agrees to indemnify and hold harmless eOne, its subsidiaries, affiliates, parents and its and their successors, assigns, licensees, officers, directors and employees, from and against any and all third party claims, liabilities, losses, damages, costs, expenses (including reasonable outside attorneys' fees), judgments and penalties arising out of, resulting from, based upon or incurred because of (i) the breach by Artist of any agreement, representation or warranty made by Artist hereunder and (ii) any gross negligence, intentionally tortious or reckless acts or omissions committed by Artist while providing Pilot or Series services (except for negligence, excluding gross negligence as set forth above, or as otherwise required by law).
By Artist. The Artist states that the following facts are accurate and will continue to be accurate during this agreement:
By Artist. The Artist may amend this agreement only by a signed written agreement of the parties that identifies itself as an amendment to this agreement.
By Artist. If for any reason other than an act of God or force xxxxxx, it shall become necessary for Artist to cancel Artist’s performance, the cancellation shall be subject to the following conditions:
By Artist. Photographs, video and other recordings taken by Artist or Artist Parties during, or as a result of participating in the Art Show are subject to scrutiny and ultimate approval of NAA in its sole and absolute discretion. NAA may require any images or recordings NAA deems inappropriate or otherwise unacceptable for any reason, be removed from public view. Failure to comply may result in removal from the Art Show or exclusion from future Art Shows, or the exercise by NAA of its legal remedies against Artist.
By Artist. Photographs, video and other recordings taken by Artist or Artist Parties during, or as a result of participating in the Festival are subject to scrutiny and ultimate approval of LQAF in its sole and absolute discretion. LQAF may require any images or recordings LQAF deems inappropriate or otherwise unacceptable for any reason, be removed from public view. Failure to comply may result in removal from the Festival or exclusion from future Festivals, or the exercise by LQAF of its legal remedies against Artist.
