Common use of Production Services Clause in Contracts

Production Services. (a) Subject to employee contractual, third party and other restrictions, the Broadcaster agrees to allow ATN reasonable access to the Production Resources during the Term for the purpose of: (i) producing the Reports, the Links and the Tags; and (ii) gathering, researching, obtaining, preparing and summarising the News Information for the Reports, (b) Subject to clauses 5(e) and 5(t), the Broadcaster shall use all reasonable endeavours to ensure that its employees, contractors and consultants comprising part of the Production Resources cooperate with ATN in relation to: (i) producing the Reports, the Links and the Tags; (ii) gathering, researching, obtaining, preparing and summarising the News Information for the Reports; and (iii) any other associated activities reasonably requested by ATN for the purpose of production of the Reports or the Tags. (c) The Broadcaster must maintain during the Term the lesser of: (i) the same level of production resources as the Production Resources it possesses at the date of execution of this agreement; or (ii) such production resources as are reasonably necessary to prepare and produce the Reports, the Links and the Tags in accordance with this agreement, (d) A failure by ATN to comply with its obligations under this agreement does not constitute a breach of this agreement if it was caused wholly or partly as a result of a failure by the Broadcaster to provide the Production Services in accordance with its obligations under this Agreement. (e) ATN acknowledges and undertakes that employees of the Broadcaster who may form part of the Production Resources shall at all times be treated consistently with their employment contract or agreement so as not to trigger any termination right on the part of the relevant employee and that nothing in this agreement will require the Broadcaster to act in any manner inconsistent with that employment contract. (f) ATN shall fully consult with the Broadcaster's nominated representative in relation to any employment related issue concerning an employee of Austereo whose services comprise part of the Production Resources with a view to reaching an agreed outcome based on the principle that no employee forming part of the Production Resources shall be treated inconsistently with the customary human resources and employment policies of the Broadcaster. (g) ATN will not seek to influence directly or indirectly the selection of topics for or material contained in Reports or Links or News Information based on or in furtherance of any commercial or other benefit to ATN. (h) ATN will at all times during the Term provide a qualified senior journalist having substantial experience as manager of commercial radio journalists, as a contact person for ATN all matters or things that arise in relation to the provision of the Reports and Links and who will be available to and will consult with the Broadcaster relating to the manner and subject matter for communication with any employee of the Broadcaster whose resources are made available as part of the Production Resources. (i) Should ATN notify the Broadcaster that ATN desires to produce the Reports and Links for a Market from a location other than their location in that Market at the commencement of this agreement, then the parties will expeditiously enter into good faith discussions to endeavour to facilitate the availability of such of the Broadcaster's Production Resources as may reasonably be relocated. It is acknowledged that the basis of such discussions will be that the Broadcaster will not be required to bear any additional expense as a result of any agreed relocation of Production Resources.