Third Party Clearances. You shall obtain all necessary third-party clearances in connection with all Artist Content and Product (including the payment of any associated fees, royalties and other costs). Without limiting the generality of the foregoing, with respect to all uses of musical compositions, sound recordings and audiovisual productions in connection with the Store, you agree to grant or cause Artist and/or any applicable third parties (e.g., music publishers, record companies and performing rights societies) to grant to ADNM any and all required rights. However, ADNM shall not use any particular sound recording, musical composition or audiovisual production on the Store, or provide access to any feature or service on the Store which entails the public performance of music (e.g., live audio streaming), except at your request or with your approval. If ADNM nevertheless shall pay, with your approval, any third party clearance cost relating to the Store (which ADNM is not obligated to do), all such amounts shall be deducted from any and all monies otherwise payable to you under this Agreement (except to the extent deducted from monies otherwise payable by ADNM to Merchandiser, it being understood that such costs shall be subject to allocation by ADNM, in ADNM's reasonable business judgment, between you and Merchandiser taking into account whether the applicable costs related to Merchandiser Product and/or Artist Product).
Third Party Clearances. You shall obtain all necessary third-party clearances in connection with all Artist Content and Product (including the payment of any associated fees, royalties and other costs). Without limiting the generality of the foregoing, with respect to all uses of musical compositions, sound recordings and audiovisual productions in connection with the Store, you agree to grant or cause Artist and/or any applicable third parties (e.g., music publishers, record companies and performing rights societies) to grant to ADNM any and all required rights. However, ADNM shall not use any particular sound recording, musical composition or audiovisual production on the Store or the Artist Site, or provide access to any feature or service on the Store or the Artist Site which entails the public performance of music (e.g., live audio streaming), except at your request or with your approval. If ADNM nevertheless shall pay, with your approval, any third party clearance cost relating to the Store and/or the Artist Site (which ADNM is not obligated to do), all such amounts shall be deducted from any and all monies otherwise payable to you under this Agreement (except to the extent deducted from monies otherwise payable by ADNM to Merchandiser, it being understood that such costs shall be subject to allocation by ADNM, in ADNM's reasonable business judgment, between you and Merchandiser taking into account whether the applicable costs related to Merchandiser Product and/or Artist Product).
Third Party Clearances. You will be responsible for obtaining and paying for any and all clearances or licenses required throughout the universe for the use of Your Authorized Content. Without limiting the generality of the foregoing, you shall be responsible for and shall pay (i) any royalties and other sums due to artists (featured and non-featured), authors, co-authors, copyright owners and co-owners, producers, engineers, and any other record royalty participants from sales or other uses of Your Content, (ii) all mechanical royalties or other sums payable to music publishers and/or authors or co- authors of musical compositions embodied in Your Authorized Content from sales or other uses of Your Authorized Content, (iii) all payments that may be required under any collective bargaining agreements applicable to you or any third party (e.g., to unions or guilds such as AFM or AFTRA), and (iv) any other royalties, fees and/or sums payable with respect to Your Authorized Content or other materials provided by you to us. You agree that the amount payable to you is inclusive of any so-called "artist royalties" that might otherwise be required to be paid for sales or exploitations pursuant to the applicable laws of any jurisdiction and for any public performances, public displays or communications to the public of the sound recordings and musical works constituting Your Authorized Content. To the extent permitted by law, you hereby waive any so-called "moral rights" in Your Authorized Content applicable under the laws of any jurisdiction.
Third Party Clearances. As between Company and Client, Client shall be solely responsible for obtaining all licenses and clearances necessary for the recording, distribution, and other exploitation of all Streams, including, without limitation, all public performance licenses, label waivers, synchronization license for the use of underlying musical compositions embodied in the Streams, and the right to use any performing artist’s professional name, band logo, artwork, voice, approved likeness and biographical material in connection with the distribution, exhibition, promotion, advertising and exploitation of the Stream.
