Release Commitment Clause Samples
A Release Commitment clause defines the obligation of one party to release or discharge another party from certain claims, liabilities, or obligations under specified circumstances. Typically, this clause outlines the conditions under which the release is granted, such as upon completion of contractual duties or fulfillment of payment obligations, and may specify the scope of claims being released. Its core practical function is to provide legal certainty and finality by ensuring that, once agreed conditions are met, the released party is protected from future claims related to the subject matter of the agreement.
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Release Commitment. 8.1 Company shall release or procure the release in commercial quantities of Records for sale to the general public through recognised channels Records embodying the Minimum Commitment Masters in the United Kingdom within three (3) months after delivery of such Masters.
8.2 In the event that any Master is not so released on Record in the United Kingdom the Artist shall have the right to serve written notice upon the Company requiring Company to release the same within sixty (60) days of receipt of such notice. In the event that the relevant Master is not then released on Record the Artist shall have the right to terminate the Term of this Agreement by notice in writing.
8.3 In the event that the Artist terminates the Term in accordance with Clause 8.2 above the Company shall, at the request of the Artist forthwith assign to the Artist all rights in and to unreleased Masters Videos and any artwork and photographs made or commissioned pursuant to this Agreement subject to the Artist agreeing:-
8.3.1 To perform any obligation of the Company in respect of the payment of third party producer royalties in respect of any subsequent release by the Artist or any third party authorised by the Artist of the relevant Masters.
8.3.2 Pay to the Company or procure the payment by any third party releasing the relevant Masters and/or Video a royalty (the Override Royalty”) of two per cent (2%) in respect of one hundred per cent (100%) of Records sold and not returned throughout the Territory calculated on the published price to dealers of the releasing party and subject to the same deductions and reductions therefrom as are applied in the calculation of the royalty payable to the Artist by such releasing party including without limitation withholding taxes and reserves in respect of the Masters provided that such reductions and deductions are reasonable and no less favourable to the Artist than those generally applied in recording agreements. Further if the Masters are included upon any Record together with other recordings not the subject of this Agreement then the Override Royalty payable to Company shall be pro-rated by the number that such Masters reproduced upon such Record bear to the total number of recordings thereon.
8.3.3 In the event that the aggregate of payments referred to in sub-clause 8.3.2 above and received by the Company shall recoup the total unrecouped recording costs and advances paid by Company in respect of the Master (so assigned in accordance with...
Release Commitment. (a) We will release the Album in the U.S. within one hundred twenty (120) days after Delivery (as defined below) of the Album to us, excluding December and January. If we fail to make the release within the required time, you may give us notice within sixty (60) days after the end of the required time indicating that unless we release the Album in the United States within forty-five (45) days from our receipt of the notice, you will terminate this Agreement. Your sole remedy will be to terminate this Agreement if we do not make such release in accordance with that notice. Upon termination, all rights granted to us in the unreleased Album hereunder will immediately revert back to you, and we will have no further rights to the Masters for the unreleased Album.
(b) We shall have the exclusive right (but not the obligation) to commercially release the Album in countries outside of the United States. In the event you seek to cause the commercial release of the Album in a specific country(ies) ("Desired Territory") in which we have not yet released the Album, you may give us written notice of such desire, upon receipt of which we will have ninety (90) days to commercially release the Album in the Desired Territory ("Desired Territory Cure Period"). If Company does not commercially release such Album in the territory or territories specified in your notice prior to the expiration of the Desired Territory Cure Period, then, upon your written request, we will enter into an agreement with a licensee selected by you, approved by us and actually engaged in the business of manufacturing and distributing Records in the Desired Territory upon terms and conditions approved by us, regarding the grant by us to such licensee of a license for the manufacture and distribution in the Desired Territory of Records derived from such Album; provided that, such license is entered into within sixty (60) days following the expiration of the Desired Territory Cure Period. Fifty percent (50%) of net receipts derived from such licenses will be credited to your royalty account under this agreement and the balance shall be retained by us for our own account. It is specifically understood and agreed that, if we do not release Album in any country outside of the United States, we shall have no liability whatsoever to you, and your only remedy shall be as set forth in this paragraph.
Release Commitment. 1. RCA will be obligated to release each album delivered by an Artist in satisfaction of its recording commitment in the United States.
2. Each time an Artist delivers an album, AD shall provide a pre-release copy of the album to BMG. BMG shall notify AD within 60 days thereafter whether it will release such album. If BMG notifies AD that it will release the album, BMG will release the album in Canada, the EEC, Japan, and Australia ( the "Release Territories") within 120 days after the initial release of such album in the United States. Notwithstanding the foregoing, if the album concerned is submitted to BMG less than 60 days prior to its initial release date in the United States, such 120-day period will be extended by the number of days by which 60 days exceeds the number of days the album is submitted prior to the initial release date in the United States. If BMG does not release the album in any Release Territory within such time period, AD shall have the right to enter into a licensing agreement in such Territory, provided that, without the approval of RCA, (i) the foreign licensee shall not have the right to release more than the applicable album (such licensee shall also have the right to release singles derived from such album), and (ii) the foreign licensee shall not be affiliated with [***] (or any company affiliated with [***] or [***]. If BMG notifies AD that it will not release the album, AD shall have the right to cause a licensing agreement to be entered into with respect to territories outside of the United States on the terms and conditions set forth above, provided that the parties will negotiate at the time whether such license will be granted by BMG or directly by AD. Under the Label Deal, each foreign licensee not controlled by RCA shall pay [***] of
Release Commitment. 18.1.1 If the Recording Commitment Album for a Contract Period has been Delivered and Company has not released such Album in the USA within five (5) months (excluding December if the said five (5) month period would otherwise have expired in December) after Delivery thereof then Contractor shall be entitled as Contractor’s sole remedy to serve notice on Company specifically referring to this Clause 5.1.1 requesting that such Album be released in the USA within the period of sixty (60) days (excluding December) following receipt by Company of such notice (“Release Notice”). It shall be a condition precedent of Contractor’s entitlement to rely on the provisions of this clause that all consents and/or other approvals shall have been given by Contractor in respect of all relevant matters in relation to Company’s entitlement to release such Album for which it is required not less than forty-five (45) days prior to service by Contractor of the applicable Release Notice.
18.1.2 Failing such release within such sixty (60) day period Contractor may serve further notice on Company which notice shall if specifically referring to this sub-clause 5.1.2 and if duly received within thirty (30) days promptly following such sixty (60) day period be effective as Contractor’s sole remedy to:
(a) terminate the Term; and
(b) to require Company to re-assign to Contractor the copyright and all other rights vested in Company (but subject to any applicable third party rights and excluding any territory or territories where the applicable Album has been released by one of Company’s licensees) in all Audio Material (and all Audio-Visual Material) made and delivered in respect of the applicable unreleased Recording Commitment Album and associated Singles in consideration of which Contractor shall either (at Contractor’s election, which shall be notified in writing to Company when serving the notice referred to at line 2 of this sub-clause 5.1.2) repay to Company within seven (7) working days of such notice the full amount of all costs incurred by Company in creating such Material which have not at that date previously been recouped from the Royalty, or alternatively pay to Company in perpetuity a fraction (the numerator of which shall be four (4) and the denominator of which shall be the gross royalty payable to Contractor by the applicable third party) of all third party advances (excluding such element of such advances as are expended on recording costs) received by Contractor in r...
Release Commitment. Licensee shall release the Album in the Territory within 60 days after the Album is delivered to Licensee. If Licensee fails to release the Album, Licensor shall have the right to terminate this agreement.
Release Commitment. Licensee shall develop (and/or have developed) and commercially release (and/or have commercially released) in all major markets (i.e., United States and the major countries of the European Union): (i) one (1) interactive software game based on the Franchise (“TDU2”) for at least one Major Platform (as defined below) and the PC Platform within twenty (20) months of the Effective Date; and (ii) at least one additional interactive software game based on the Franchise (“TDU3”) for at least one Major Platform and the PC Platform within 60 months of the Effective Date. A “Major Platform” shall mean Xbox 360, PS3, Wii, or the successors to any of the foregoing. Each of the two (2) above-mentioned interactive software games satisfying the minimum commitment must be a new stand-alone game and not a port, expansion pack or episodic content.
Release Commitment. The initial theatrical release in the United States, Canada and the rest of the Territory for each Picture shall be a “wide release” (as such term is customarily understood in the entertainment industry with respect to major studio releases for pictures of similar budget, genre and stature as such term is applied on a territory by territory basis) unless Marvel approves otherwise. In the context of the foregoing, Marvel shall be meaningfully consulted on the release pattern and distribution pattern. Notwithstanding the foregoing, if UIP uses its commercial best efforts to secure a “wide release” in the Territory (other than the United States and Canada) and it is unsuccessful in securing the number of theatres for the Picture equal to the number of theatres UIP would secure for a Paramount film of similar budget, genre and stature, then Paramount shall not be in breach of this Agreement. If UIP ceases to directly distribute in a Major UIP Territory (as defined below) in which it currently self-distributes and Paramount does not thereafter directly distribute in such territory itself (or through a joint venture in which Paramount is a party), then, unless Paramount is otherwise able to secure a third party distribution arrangement for the applicable Territory that enables Paramount to account to Marvel on the same “source accounting” basis as it did previously, Marvel shall have the right to secure distribution for its Pictures in such territory (it being understood that this provision shall only apply to films which have not yet had an initial theatrical release as of the occurrence of the applicable “cessation” event).
Release Commitment. LGF shall cause the initial commercial theatrical release of the Picture on one (1) screen in the Territory.
Release Commitment. 8.1 Instrumental shall release or procure the release of each Recording in the UK and USA within 4 months of delivery and acceptance thereof and all assets necessary for a proper commercial release. If Instrumental fails to do so then (subject to a 30 day notice and cure period) the Artist shall be entitled to terminate the Rights Period solely with respect to the relevant unreleased Recording PROVIDED THAT such termination shall be the Artist’s only remedy for such failure.
8.2 Instrumental shall also release each Recording throughout the rest of the Territory. If Instrumental fails to do so then (subject to 30 day notice and cure period) the Artist shall be entitled to remove the relevant unreleased country from the Territory PROVIDED THAT such termination shall be Artists only remedy for such failure.
8.3 Instrumental shall not be obliged to manufacture physical records.
Release Commitment. (a) Provided that neither Producer nor Artist is then in material breach hereunder, Company shall release each Commitment Album in the United States not later than the later of (i) one hundred twenty (120) days after delivery of such album, or (ii) nine (9) months after release by Company in the United States of the immediately preceding Commitment Album hereunder; provided, that if the last day on which Company would be obligated pursuant to the foregoing to release any album hereunder falls between October 1 and December 31 of any year, then Company shall not be obligated to release such album in the United States prior to the fourth week of January of the next succeeding year; provided, further, that if U.S. Net Sales of the immediately preceding Commitment Album exceed two hundred fifty thousand (250,000) as of the date on which a particular Commitment Album is delivered hereunder, then the foregoing extension shall only apply if pursuant to the provisions hereof Company is obligated to release such album between November 1 and December 31 of any year. If Company fails to release any album as aforesaid, Producer's sole remedy shall be the right for thirty (30) days after the expiration of such one hundred twenty (120) day or nine (9) month period (as such period may be extended as set forth above) to give Company notice of such failure. If Company fails to release the applicable album in the United States within sixty (60) days after such notice, Producer shall have the right (as Producer's sole remedy) for forty-five (45) days after the expiration of such sixty (60) day period to terminate the term hereof by notice to Company; provided, that if Company releases the applicable album in the United States in