Common use of MATERIALS Clause in Contracts

MATERIALS. 1. Subject to the terms and conditions of this agreement, Licensor will upon Licensee's written request supply Licensee on loan with the material described herein. Upon receipt of the material of the Program Licensee shall examine said material and shall give Licensor immediate written notice if the material is not physically suitable for telecast. Licensor shall remedy such defect or make timely substitution of a physically suitable print of the Program at no additional cost or expense to Licensee. If none of the remedies or substitutions as above specified is available and provided that Licensee has given written notice to Licensor to make such remedies or substitutions within a period of 3 weeks upon receipt of such notice, then Licensee shall be relieved of its contract obligations in so far as such scheduled Program is concerned, and the license fees payable by Licensee hereunder shall be reduced by a proportionate part thereof. 2. The material will be considered as having been supplied and accepted under the terms of the agreement unless Licensee submits a written claim within 4 weeks after the receipt of the material. 3. All costs of delivery and return of material furnished by Licensor shall be borne by Licensee. 4. Licensee shall, at its own cost, obtain all permissions necessary for the import of the transmission material into the licensed territory and for the remittance of any sums of money to Licensor. 5. Unless otherwise provided in this agreement, all materials relating to the Program may not be used, dealt with or otherwise disposed of except as provided herein. 6. Licensee shall return the material furnished by Licensor on loan within 8 weeks after receipt to Licensor. In so far as Licensee has paid for the material delivered by Licensor and in the event that Licensee shall so elect, Licensee may after the expiration of the license term either return such material to Licensor or destroy it, in which case Licensee upon Licensor's request will provide Licensor with a certificate of destruction.

Appears in 3 contracts

Sources: Licensing Agreement, Licensing Agreement, Licensing Agreement

MATERIALS. 1. Subject to 4.1 Within 30 (thirty) days of payment of the terms and conditions of this agreementLicense Fee (or the first instalment thereof, if so indicated in the Principal Terms)/, Licensor will upon Licensee's written request supply Licensee shall deliver the Materials on loan with the material described herein. Upon receipt of the material of the Program Licensee shall examine said material and shall give Licensor immediate written notice if the material is not physically suitable for telecast. Licensor shall remedy such defect or make timely substitution of a physically suitable print of the Program at no additional cost or expense to Licensee. If none Any shipping costs, charges or expenses (including, but not limited to, risk of the remedies or substitutions as above specified is available loss, insurance, taxes, customs clearance, shipping and provided that Licensee has given written notice to Licensor to make such remedies or substitutions within a period of 3 weeks upon receipt of such notice, then Licensee shall be relieved of its contract obligations in so far as such scheduled Program is concerned, and the license fees payable by Licensee hereunder shall be reduced by a proportionate part thereof. 2. The material will be considered as having been supplied and accepted under the terms of the agreement unless Licensee submits a written claim within 4 weeks after the receipt of the material. 3. All costs of delivery and return of material furnished by Licensor forwarding charges) shall be borne by Licensee. If the Materials are lost, stolen, destroyed or damaged after delivery by Licensor to a shipping agent and before arrival at its destination, Licensee shall provide to Licensor and/or execute any document requested by Licensor certifying such loss, theft, destruction, or damage and all details known to Licensee relating to such occurrence, and Licensor shall make and deliver to Licensee a replacement copy of the Materials at Licensee’s expense. 44.2 Licensee shall examine the Materials, and shall have 30 (thirty) days of receipt thereof to notify Licensor (if necessary) that such Materials do not technically comply with commercial industry standards. Licensee shallIn such event, at its own costLicensor shall use reasonable efforts to provide replacement Materials within 30 (thirty) days. However, obtain all permissions necessary for the import if Licensor determines that it is not practicable to create a replacement copy of the transmission material into Materials which meets the licensed territory required standards, Licensor may elect to withdraw the Program – or such title included in the Program - and for Licensee shall have the remittance of any sums of money right to Licensorselect a substitute program. In the event the Parties are unable to agree upon a comparable substitute program, or there is no comparable substitute program available, the License Fee paid by Licensee respecting such withdrawn Program – or title included in the Program - shall be credited or refunded to Licensee. 54.3 The Materials shall be returned to Licensor no later than 30 (thirty) days after the end of the License Period (unless otherwise indicated in the Principal Terms) at Licensee's expense in the same condition in which they were received, failing which Licensee shall reimburse Licensor the actual cost of replacement of the Materials. Unless otherwise If the Parties enter into a written agreement that the Materials may be destroyed, Licensee may also destroy the Materials and provide a certificate of erasure, together with a statement that no other copies are in its possession and/or control, no later than 60 (sixty) days after the end of the License Period. Title in and to the Materials of or relating to the Program, including any advertising and Publicity Materials, provided to Licensee hereunder is vested and shall remain in this agreementLicensor, all and title in and to any dubbed or subtitled version of the Materials or any materials of or relating to the Program may or its advertising and its promotion created by, for or at the request of Licensee and all rights therein, including (but not be usedlimited to) copyrights, dealt with or otherwise disposed rights of except as provided herein. 6. Licensee shall return use and other rights of exploitation and all neighboring and connecting rights shall, to the material furnished by Licensor on loan within 8 weeks after receipt fullest extent possible under applicable laws, vest and remain in and are hereby assigned to Licensor. In so far as Licensee has paid for the material delivered by Licensor and in the event that Licensee shall so elect, Licensee may after the expiration of the license term either return such material to Licensor or destroy it, in which case Licensee upon Licensor's request will provide Licensor with a certificate of destruction.

Appears in 1 contract

Sources: Licenčná Zmluva Na Nákup Licenčných Práv Programov