Common use of Recording Commitment Clause in Contracts

Recording Commitment. 16.1 In respect of each Recording Commitment Album, the following provisions shall apply:- (a) For the First Album, Contractor shall make the arrangements for the recording of ten (10) Titles selected by Contractor and notified to Company prior to recording and otherwise subject always to all applicable provisions contained in this Agreement (including but not limited to Clause 4 below) (“Contractor Tracks”). (b) For the First Album, Company shall make the arrangements for the recording of ten (10) Titles selected by Company and otherwise subject always to all applicable provisions contained in this Agreement (including but not limited to Clause 4 below) (“Company Tracks”). (c) For the Second and each subsequent Recording Commitment Album the Titles to be recorded will be mutually agreed between Contractor and Company. (d) The identity of Producers and Audio Material shall be mutually agreed (PROVIDED ALWAYS THAT a total of not less than twenty (20) Titles shall be so mutually agreed). The following Producers shall be deemed mutually agreed for the First Album hereunder: Absolute, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ & ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, Toddy, Jewels & ▇▇▇▇▇, ▇▇▇▇▇ & ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, Stargate, Waterfall, True North, Steelworks, Yak ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇ [other producers nominated by US Designee to be added as agreed]. (e) Company and Contractor shall mutually agree the choice of Tracks to be incorporated on to each Recording Commitment Album hereunder. In the event that Company and Contractor are unable to mutually agree the Tracks in respect of any one Album within thirty (30) days of Delivery to Company of all of the Contractor Tracks and the Company Tracks, then Company and Contractor shall mutually agree the total number of Tracks to be incorporated onto such Album and each party shall designate fifty per cent 150%) of the Tracks to be incorporated thereon, (f) Company shall engage all producers, mixers and remixers upon terms mutually agreed between Contractor and Company. [Mixer and remixer terms shall be mutually agreed but shall be deemed mutually agreed in respect of any mixers/remixer engaged by Company for Tracks on the First Album in the event that (i) the applicable royalty is one per cent (1%) on a dealer price basis or less and (ii) the total producer/mixer/remixer royalty on each applicable Track does not exceed five per cent (5%). Notwithstanding anything to the contrary contained in this Agreement, up to three (3) remixes per Album each of which costs fifteen thousand pounds (£15,000) or less shall be deemed mutually agreed.

Recording Commitment. 16.1 3.1 In respect of each Recording Commitment Album, the following provisions shall apply:- (a) For the First Album, Contractor shall make the arrangements for the recording of ten (10) Titles selected by Contractor and notified to Company prior to recording and otherwise subject always to all applicable provisions contained in this Agreement (including but not limited to Clause 4 below) (“Contractor Tracks”). (b) For the First Album, Company shall make the arrangements for the recording of ten (10) Titles selected by Company and otherwise subject always to all applicable provisions contained in this Agreement (including but not limited to Clause 4 below) (“Company Tracks”). (c) For the Second and each subsequent Recording Commitment Album the Titles to be recorded will be mutually agreed between Contractor and Company. (d) The identity of Producers and Audio Material shall be mutually agreed (PROVIDED ALWAYS THAT a total of not less than twenty (20) Titles shall be so mutually agreed). The following Producers shall be deemed mutually agreed for the First Album hereunder: Absolute, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ & ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, Toddy, Jewels & ▇▇▇▇▇, ▇▇▇▇▇ & ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, Stargate, Waterfall, True North, Steelworks, Yak ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇ *** [other producers nominated by US Designee to be added as agreed]. (e) Company and Contractor shall mutually agree the choice of Tracks to be incorporated on to each Recording Commitment Album hereunder. In the event that Company and Contractor are unable to mutually agree the Tracks in respect of any one Album within thirty (30) days of Delivery to Company of all of the Contractor Tracks and the Company Tracks, then Company and Contractor shall mutually agree the total number of Tracks to be incorporated onto such Album and each party shall designate fifty per cent 150(50%) of the Tracks to be incorporated thereon,. (f) Company shall engage all producers, mixers and remixers upon terms mutually agreed between Contractor and Company. [Mixer and remixer terms shall be mutually agreed but shall be deemed mutually agreed in respect of any mixers/remixer engaged by Company for Tracks on the First Album in the event that (i) the applicable royalty is one *** per cent (1***%) on a dealer price basis or less and (ii) the total producer/mixer/remixer royalty on each applicable Track does not exceed five *** per cent (5***%). *** FOIA Confidential Treatment Notwithstanding anything to the contrary contained in this Agreement, up to three (3) remixes per Album each of which costs fifteen thousand ***pounds (£15,000***) or less shall be deemed mutually agreed. 3.2 For the First Album the studios to be used for recording, mixing and mastering the Contractor Tracks shall be designated by Contractor; the studios to be used for recording, mixing and mastering the Company Tracks shall be designated by Company. Save as aforesaid, the selection of Titles, identity of Producers and the studios to be used for recording and mixing of Audio Material shall be mutually agreed, and the studios to be used for mastering sessions of Audio Material shall be selected by Company in consultation with Contractor and with due consideration of Contractor’s reasonable wishes. Company shall have the right to have such A & R executive of Company as shall from time to time have primary responsibility for Artist attend any and all recording sessions hereunder. Contractor shall have the right to have ▇▇▇▇▇ ▇▇▇▇▇▇ attend any and all recording sessions for the Company Tracks. 3.3 Upon Company’s request and subject to Contractor’s Consent, Contractor shall procure that Artist shall render such performances as will enable Company to make a reasonable amount of Supplementary Material and a reasonable number of foreign language versions of Audio Material made hereunder. The Audio Material of those versions will not count towards the Audio Material required to fulfil the Recording Commitment. The costs incurred in making Supplementary Material pursuant to this sub-clause 3.3 and the said foreign language versions shall be recoupable from the Royalty. 3.4 Upon Company’s request Contractor shall procure that Artist shall render such additional Performances as will enable Company in each Contract Period to make up to three (3) additional Tracks to be incorporated as the ‘B’ sides of Singles the ‘A’ sides or lead Tracks of which incorporate Tracks made hereunder. Such additional Tracks will not count towards the Audio Material required to fulfil the Recording Commitment. Contractor shall deliver, and if so required shall procure that Artist shall render additional Performances in order to enable Contractor to deliver, such additional mixes of Audio Material Delivered hereunder as Company shall reasonably require for bona fide marketing purposes subject to a maximum of three (3) per Single. In the event that Contractor fails to deliver such mixes in respect of Contractor Tracks within thirty (30) days of Company’s written request therefor, then notwithstanding anything to the contrary contained herein, Company shall following the expiry of such thirty (30) day period Company shall be entitled to commission such mixes. The Recording Costs in respect of any such additional mixes shall be fully recoupable from the Royalty.