Missing Copies Clause Samples
The "Missing Copies" clause outlines the procedures and responsibilities when one or more parties do not possess a copy of the contract or related documents. Typically, this clause clarifies that the absence of a physical or digital copy does not invalidate the agreement or relieve any party of their obligations. For example, if a party loses their copy of the contract, they are still bound by its terms, and may request a replacement from the other party or the contract administrator. The core function of this clause is to ensure that the enforceability of the agreement is not compromised by the loss or absence of documentation, thereby preventing disputes over technicalities related to document possession.
Missing Copies. For all Copies in excess of * of the total number of -------------- aggregate copies shipped on a Rental Picture per Rental Picture basis, which are lost, stolen or otherwise not reasonably accounted for, for more than thirty (30) calendar days during the period commencing upon delivery to Video Update's distribution center and ending on the last day of the relevant Revenue Sharing Period (each, a "MISSING COPY"), Video Update shall pay to * * standard distribution wholesale price only less the relevant Upfront Price.
Missing Copies. During the first sixty (60) days of the applicable Revenue Sharing Period, Blockbuster agrees to pay to * less the Upfront Price and revenue share amounts already paid to * for any Missing Copy. Blockbuster shall notify * of any theft or loss of any Copy that occurs outside of the ordinary course of business at the time Blockbuster discovers the same.
Missing Copies. For any Copy that is lost, stolen or destroyed subsequent to delivery to Blockbuster, Blockbuster agrees to pay to Fox * of such Copy's then applicable suggested retail price ("SRP") (the "Replacement Value") less the Upfront Fee and revenue share amounts already paid to Fox. Blockbuster shall determine whether a Copy is lost, stolen or destroyed; however, no Copy shall be unaccounted for longer than forty-five (45) days. The Replacement Value shall be due and payable within ten (10) days of the loss, theft or destruction of a Copy. Copies discovered missing in the ordinary course of business are to be recorded and paid for when discovered as if they had been sold off pursuant to Paragraph 4.
Missing Copies. For any Copy that is lost, stolen or destroyed subsequent to delivery to Blockbuster, Blockbuster agrees to pay to * of such Copy's then applicable suggested retail price ("SRP") (the "Replacement Value") less the Upfront Fee and revenue share amounts already paid to *. Blockbuster shall determine whether a Copy is lost, stolen or destroyed; however, no Copy shall be unaccounted for longer than forty-five (45) days. The Replacement Value shall be due and payable within ten (10) days of the loss, theft or destruction of a Copy. Copies discovered missing in the ordinary course of business are to be recorded and paid for when discovered as if they had been sold off pursuant to Paragraph 4.d. of this Agreement. Blockbuster shall notify * of any theft or loss of any Copy that occurs outside of the ordinary course of business at the time Blockbuster discovers the same.
Missing Copies. During the first sixty (60) days of the applicable Revenue Sharing Period, Blockbuster agrees to pay to CTHV * less the Upfront Price and revenue share amounts already paid to CTHV for any Missing Copy. Blockbuster shall notify CTHV of any theft or loss of any Copy that occurs outside of the ordinary course of business at the time Blockbuster discovers the same.