Further Distribution Sample Clauses
Further Distribution. A) Producer agrees that prior to exhibition of the Short Film beyond the scope of Section 5, above, it must:
i. Pay all professional performers employed on the Short Film not less than 20% of the scale rate applicable during employment for each day worked. [Note that if a professional performer's performance does not appear in the distributed version, such professional performer will receive the deferred payment.]
ii. Consecutive employment provisions of the collective bargaining agreement do not apply when calculating the deferred payment, unless the performer was on an overnight location during the filming of the production.
iii. Make contribution to the SAG-Producers Pension and SAG-AFTRA Health Plans based on the gross compensation due the professional performers at the percentage applicable at the time of principal photography on the Short Film.
i. All compensation paid to Performer under the terms of this Agreement constitutes wages and is subject to deductions for Social Security, Taxes and Disability Insurance. Producer must make the required payments, reports and Withholding Deductions with respect to such taxes and premium. Producer must also provide Unemployment Insurance for Performers employed by it.
ii. Professional performers must receive payment no later than the first date of exhibition or availability outside the allowed markets.
B) The procedures in Section 6(A) do not apply to exhibition or use in new or emerging technologies. Examples of such new or emerging technologies include, but are not limited to, use on portable media players, cell phones, internet, interactive markets or any futures systems which may hereinafter be adopted. Releases into such markets require prior negotiation with Screen Actors Guild-American Federation of Television and Radio Artists.
Further Distribution. Purchaser is acquiring the Interests for its own account and not with the intent to make a distribution thereof within the meaning of the Securities Act of 1933, as amended, and the rules and regulations thereunder or distribution thereof in violation of any other applicable securities laws.
Further Distribution. BUYER (i) is acquiring an interest in the Properties for its own account and without a view to the distribution thereof within the meaning of the Securities Act of 1933, as amended; and (ii) has such knowledge and experience in business, financial, and oil and gas matters that it is capable of evaluation of the merits and risks of entering into and of carrying out its obligations in connection with the acquisition of an interest in the Properties in the manner contemplated herein.
Further Distribution. Purchaser is acquiring the Assets for its own account and not with the intent of making a public distribution thereof within the meaning of the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder.
Further Distribution. Buyer (i) is acquiring the Properties for its own account and without a view to the distribution thereof within the mean of the Securities Act of 1933, as amended; (ii) has such knowledge and experience in business, financial, and oil and gas matters that it is capable of evaluating the merits and risks of entering into and of carrying out its obligations in connection with the acquisition of the Properties in the manner contemplated herein; (iii) has received to date all information concerning the Properties and such other information relating to this Agreement, which it has requested; and (iv) is able to bear the economic risk of its investment in the Properties for an indefinite period of time. Further, Buyer acknowledges that Seller is relying upon the representations contained in the foregoing sentence and that absent such representations the proposed sale to Buyer would not be entered into and this Agreement would not be executed and delivered by Seller.
Further Distribution. Purchaser is acquiring the Property for its own account and not with a view to, or for offer or resale in connection with, a distribution thereof within the meaning of the Securities Act of 1933 and the rules and regulations pertaining to it or a distribution thereof in violation of any applicable securities laws.
Further Distribution. The Recipient may distribute substances created by the Recipient through the use of the Original Material only if those substances are not Progeny, Unmodified Derivatives, or Modifications with prior written notice to the Provider.
Further Distribution. Buyer (i) has such knowledge and experience in ---------------------- business, financial, and oil and gas matters that it is capable of evaluating the merits and risks of entering into and of carrying out its obligations in connection with the acquisition of the Properties in the manner contemplated herein; (ii) has received to date all information concerning the Properties and such other information relating to this Agreement which it requested; and (iii) is able to bear the economic risk of its investment in the Properties for an indefinite period of time. Further, Buyer acknowledges that Seller is relying upon the representations contained in the foregoing sentence and that absent such representations the proposed sale to Buyer would not be entered into and this Agreement would not be executed and delivered by Seller.
Further Distribution. To the extent that Customer is not the end user of the products, the following additional provisions apply in connection with the further distribution/resale of the products: (a) the customers and potential customers to which Customer may promote and sell the products must be end users and not resellers of the products and may not sell the products in a location where sales are prohibited by law or where Exacto has specifically informed Customer that sales are prohibited; (b) Customer’s obligations hereunder to Exacto (e.g. the obligation to pay for such products) operates independent of the actions of Customer’s customers and Exacto shall not be obligated to comply with any requirements imposed by Customer’s customers or as a result of Customer’s contractual requirements with its customers; (c) Customer’s customers shall have no direct privity with Exacto and Customer agrees to fully indemnify and hold Exacto harmless against any claims made by Customer’s customers against Exacto; (d) Customer shall be solely responsible for the handling, storage, transportation and distribution of the products in accordance with the SDS’s for the product after delivery of products toCustomer’s facility; (e) Customer shall establish and maintain records of its sales in sufficient detail to permit identification and destination of each of the products sold by Customer;
(f) Customer shall be solely and directly responsible for all ordering and customer service issues with its customers, provided that to the extent Exacto receives any inquiries or complaints directly from Customer’s customers, Exacto shall direct such inquiries or complaints to Customer; and (g) Customer shall not sell the products for less than 95% of the suggested retail price communicated to Customer by Exacto, if applicable. Customer acknowledges that any rights to distribute or resell the products are on a non-exclusive basis and nothing herein shall prohibit Exacto from selling products directly or indirectly (through other distributors or sales representatives) tot Customer’s customers.
Further Distribution. Assignee is acquiring the Assets for its own -------------------- account and not with view to, or for offer or resale in connection with, a distribution or transfer thereof within the meaning of the Securities Act of 1933 and the rules and regulations pertaining to it or in violation of any applicable federal and state securities laws.