Common use of Recording Commitment Clause in Contracts

Recording Commitment. (a) During the initial period and each option period of the term hereof, Producer agrees to cause to be recorded and delivered to Company the number of Masters set forth below (the "Recording Commitment"): Period of the Term Recording Commitment ------------------ -------------------- Initial period 1 album First option period 1 album (b) The album to be delivered in satisfaction of the Recording Commitment for the initial period is herein referred to as the "First Album," and album to be delivered in satisfaction of the Recording Commitment after the delivery of the First Album is herein referred to as the "Second Album"; each such album is herein sometimes referred to as a "Commitment Album". No multiple album shall be recorded or delivered hereunder in satisfaction of the Recording Commitment without Company's and Producer's prior written consent, which consent may be withheld in either party's sole discretion; provided, that if Company consents to the delivery of any multiple album hereunder, then such multiple album shall, subject to paragraph 5 below, be deemed a single album for all purposes hereunder. (c) Producer shall deliver the First Album no later than four (4) months after the date hereof. Producer shall deliver each subsequent Commitment Album no sooner than nine (9) months and no later than eighteen (18) months after Producer's delivery of the immediately preceding Commitment Album. (d) Subject to the notice and cure provisions of paragraph 14 hereof, time is of the essence in Producer's delivery of Masters in satisfaction of the Recording Commitment, and Producer's failure to make timely delivery of any Masters shall constitute an event of default under paragraph 11 hereof. Neither Company's exercise of any option hereunder nor Company's failure to suspend its obligations hereunder shall constitute a waiver of any of Company's rights to undelivered Masters. Moreover, Company's failure to notify Producer if Producer is delinquent in the delivery of any Masters shall not constitute a waiver of any of Company's rights or remedies as a result of such delinquency unless Company waives such rights in writing. If Producer is delinquent in the delivery of any Masters hereunder, then the next delivered Masters shall be deemed to satisfy the most delinquent requirements first. Producer may not commence the recording of Masters constituting any particular Commitment Album until Producer has delivered to Company all Masters constituting each prior Commitment Album unless Company otherwise agrees in writing. (e) Nothing herein contained shall obligate Company to permit Artist to record the Second Album or any subsequent Commitment Album that Artist is otherwise obligated to record during the then-current period of the term, it being understood that Company's sole obligation to Producer and Artist as to any such unrecorded Commitment Album required to be recorded by Artist during the then-current period of the term shall be to pay Producer the amount by which the applicable of the advance or the "Minimum Advance" [as such term is used in paragraph 3(b)(ii)(C) below] therefor as specified in paragraph 3(b) below exceeds the aggregate of all recording costs incurred in connection with the "Previous Album" [as such term is defined in paragraph 3(b)(ii) (D) below]; provided, that in no event shall the amount payable by Company under this paragraph 2(e) be more than fifteen percent (15%) of the advance or Minimum Advance, as applicable, for the unrecorded Commitment Album in question. In the event that Company shall exercise Company's rights pursuant to this paragraph 2(e), the term of this agreement shall thereupon terminate. In the event of such termination Company shall be relieved of any and all obligations hereunder except Company's obligations with respect to Masters recorded and delivered to Company hereunder prior to such termination.

Recording Commitment. (a) During each Contract Period, Company agrees to record and you shall render your services to Company, in accordance with the initial period terms and each option period of the term conditions hereof, Producer agrees to cause to be recorded and delivered to Company in connection with recording the minimum number of Masters set forth below Master Recordings (the "Minimum Recording Commitment"): Period of ) set forth in the Term Recording Commitment ------------------ -------------------- Initial period 1 following schedule: CONTRACT PERIOD MINIMUM RECORDING COMMITMENT First one album First option period 1 Second one album Third one album Fourth one album Fifth one album (b) The album to be delivered in satisfaction of In the Recording Commitment for event the initial period is herein referred to as the "First Album," and album to be delivered in satisfaction of the Recording Commitment after the delivery of the First Album is herein referred to as the "Second Album"; each such album is herein sometimes referred to as a "Commitment Album". No multiple album shall be recorded or delivered hereunder in satisfaction of the Recording Commitment without Company's and Producer's prior written consent, which consent may be withheld in either party's sole discretion; provided, that if Company consents to the delivery terms of any multiple album hereunderDistribution Agreement require that Company deliver to Distributor rights relating to or derived from you which are in addition to those contained in this agreement (including, but not limited to a recording commitment greater than your Recording Commitment), then such multiple album shall, subject to paragraph 5 below, additional terms in the Distribution Agreement shall nevertheless be deemed a single album part of this agreement during the term of the Distribution Agreement even if the result is that obligations imposed upon you differ from, are greater than and/or are more difficult for you to perform than those set forth in this agreement. It is the intention of the parties that: (i) During the term of the Distribution Agreement, if any, you shall perform for Company so that Company has available to it all purposes hereunderrights, benefits and privileges relating to or derived from you to enable Company to comply with all material terms of the Distribution Agreement; (ii) If there is an inconsistency between the requirements and definitions of the Distribution Agreement if any, and this agreement relating to your undertakings, obligations, covenants and duties, at Company's election the requirements of the Distribution Agreement shall govern during its term; (iii) When no such inconsistency exists, undertakings, obligations, covenants and duties imposed upon you directly or indirectly, by the Distribution Agreement if any, shall be considered as a supplement to rights, benefits and privileges granted to Company in the agreement. (civ) Producer shall deliver If the First Album no later than four (4) months after first Distribution Agreement if any, expires or terminates prior to the date hereof. Producer shall deliver each subsequent Commitment Album no sooner than nine (9) months and no later than eighteen (18) months after Producer's delivery of the immediately preceding Commitment Album. (d) Subject to the notice and cure provisions of paragraph 14 hereof, time is of the essence in Producer's delivery of Masters in satisfaction of the Recording Commitment, and Producer's failure to make timely delivery of any Masters shall constitute an event of default under paragraph 11 hereof. Neither Company's exercise of any option on which this Agreement would expire if all options hereunder nor Company's failure to suspend its obligations hereunder shall constitute a waiver of any of Company's rights to undelivered Masters. Moreover, Company's failure to notify Producer if Producer is delinquent in the delivery of any Masters shall not constitute a waiver of any of Company's rights or remedies as a result of such delinquency unless Company waives such rights in writing. If Producer is delinquent in the delivery of any Masters hereunderwere exercised, then the next delivered Masters current Contract Period and the Term of this Agreement shall automatically be deemed to satisfy suspended until the most delinquent requirements first. Producer may not commence earlier of date on which Company enters into a new Distribution Agreement with a new Distributor or the recording of Masters constituting any particular Commitment Album until Producer has delivered to Company all Masters constituting each prior Commitment Album unless Company otherwise agrees in writing. (e) Nothing herein contained shall obligate Company to permit Artist to record the Second Album or any subsequent Commitment Album that Artist is otherwise obligated to record during the then-current period of the term, it being understood that Company's sole obligation to Producer and Artist as to any such unrecorded Commitment Album required to be recorded by Artist during the then-current period of the term shall be to pay Producer the amount by date at which the applicable of the advance or the "Minimum Advance" [as such term is used in paragraph 3(b)(ii)(C) below] therefor as specified in paragraph 3(b) below exceeds the aggregate of all recording costs incurred in connection with the "Previous Album" [as such term is defined in paragraph 3(b)(ii) (D) below]; provided, that in no event shall the amount payable by Company under this paragraph 2(e) be more than fifteen percent (15%) of the advance or Minimum Advance, as applicable, for the unrecorded Commitment Album in question. In the event that Company shall exercise Company's rights pursuant to this paragraph 2(e), the term of this agreement shall thereupon terminate. In the event of such termination Company shall be relieved of any and all obligations hereunder except Company's obligations with respect to Masters recorded and delivered to Company hereunder prior to such terminationthen current Contract Period would otherwise have expired.