Producer's Liability Clause Samples

Producer's Liability. If the Supplier is responsible for a defect of quality or defect of title of the Goods (“defect”), which shall be the case, above all, if the defect is caused within its sphere of sovereignty and organisation, 12.1 the Supplier shall indemnify us against any claims made by third parties on the basis of any damage resulting from such defect or shall compensate us for damage incurred by us; 12.2 the Supplier shall indemnify us against all claims made by third parties or compensate any damage thereby caused to us, which are based on any claimed infringements, particularly infringements of intellectual property rights of third parties; 12.3 the Supplier shall reimburse us for any expenses incurred under or in connection with claims made by third parties, including any recall campaigns conducted by us. We will inform the Supplier, insofar as possible and reasonable, about the terms and scope of any recall campaigns and give the Supplier the opportunity to comment. A claim to reimbursement of expenses in respect of recall campaigns conducted by us will exist only if the recall campaign was suitable and necessary to prevent or mitigate damage otherwise threatened to us, our customers or third parties due the defect of the Goods. Any additional claims that we may have under the law remain unaffected. 12.4 The Supplier shall take out and maintain a product liability insurance with an insured lump sum of at least EUR 10 million per bodily injury/property damage and shall prove such insurance to us upon request, but without request once a year, by presentation of a proper confirmation. Maximisation of the sum insured shall be at the Supplier’s discretion. The excess shall not be above EUR 5,000.00 per event or damage.

Producer's Liability a) Producer agrees to do everything reasonably possible to safeguard the interests of Broker and promptly report with full details to Broker any fact, occurrence or incident that may result in a claim or loss increased risk of loss to the Broker, or any insurer with which insurance was placed under this Agreement. Without limitation, Producer agrees to report any subsequent information regarding such claim or loss to the Broker, and to cooperate with adjusters and attorneys appointed by Broker to investigate, adjust, or defend any loss or to collect unpaid premiums. b) Producer shall be liable to Broker for damages and expenses which Broker may incur as a result of negligent or wrongful acts of Producer, or as a result of any act of Producer in violation of this Agreement. Such expenses shall include, but not be limited to, attorney’s fees and legal expenses incurred by Broker enforcing such law(s) and/or provision of this Agreement. c) Forbearance, neglect or failure by Broker to enforce any or all of the provisions of this Agreement or to insist upon strict compliance by Producer shall not be construed as a waiver of any rights or privileges of Broker. A waiver of a past act or circumstance by Broker shall not constitute or be a course of conduct or waiver of any subsequent like act or circumstance by Broker.

Producer's Liability. Any knowing or intentional failure by the Producer to remit monies collected under this article ON5.06 shall cause the Producer to be solely responsible and liable for any monies owing. *Payable to DGC Ontario in accordance with ON5.02 and ON5.03 **Payable to DGC Ontario in accordance with article ON5.04 *** Payable directly to the CMPA as per article ON6.00 For Fact Based/Lifestyle/Docu-Drama Productions the fringe package is Tier E plus 0.5% Administration and Training. (a) Each month, the CMPA will provide to the DGC Ontario a list of CMPA members in good standing. (b) Provided that the Producer is a member in good standing of the CMPA, the Producer shall remit directly to the CMPA on the form provided by the CMPA an amount equal to two percent (2%) of all Gross Remuneration paid to Guild Members to a maximum of five thousand ($5,000) per feature, MFT, Pilot or part of a Mini-Series, or two thousand, five hundred ($2,500) per Episode of a Series, to be remitted at the same time as other payments to Guild Members. The CMPA confirms its right to modify the CMPA levy at any point at its sole discretion. (c) A Producer who is not a member of the CMPA, or who is not a member in good standing of the CMPA shall pay to the DGC Ontario on behalf of the CMPA an amount equal to two and one half percent (2.5%) of all Gross Remuneration paid to Guild Members. Subject to an alternate direction from the CMPA, this amount shall be collected by the DGC Ontario and remitted to the CMPA on a monthly basis, subject to the deduction of an administration fee in favour of the DGC Ontario equal to one quarter of a percent (0.25%) of all Gross Remuneration paid to Guild Members by the Producer. (d) In any case where the DGC Ontario is unable to collect the levy specified in this article ON6.00, then the CMPA, and not the DGC Ontario shall initiate whatever collection procedures are appropriate to the CMPA. (e) The CMPA hereby releases and forever discharges, and covenants and agrees to save harmless and indemnify the DGC Ontario and each Guild Member from any and all actions or claims in any way relating to the collection and remittance of monies by the DGC Ontario under this article ON6.00, and preparation of the list specified in article ON6.01(a).