MATERIALS. (a) Delivery Address: Licensor shall deliver the Materials to the address of Licensee set forth in the Television Licence Agreement (b) Delivery i) Physical Delivery: Where Physical Delivery is specified, Licensor will deliver the applicable Delivery Materials to Licensee at the applicable delivery location. Delivery will be made by air transport unless otherwise specified in the Television Licence Agreement or Delivery Notice. Delivery by Licensor and receipt of the Materials by Licensee (“Receipt of Materials”) shall be deemed to have taken place: • On the same day of personal delivery (hand-delivery) against the signature of the recipient party representing the Licensee, • On the day/date the courier company will confirm its delivery thereof by submitting the relevant dispatch document, if sent by a courier company. ii) Laboratory Access: Where Laboratory Access is specified, Licensor will provide Licensee with access to the applicable Delivery Materials at a recognized laboratory or facility mutually acceptable to the parties. iii) Loan of Materials: Where Loan of Materials is specified, Licensor will deliver the applicable Delivery Materials on loan to Licensee at the applicable delivery location. Licensor will deliver to Licensee, at Licensee’s cost, such prints and other material described in the Television Licence Agreement. Delivery will be made by air transport unless otherwise specified in the Television Licence Agreement or Delivery Notice. These loaned Delivery Materials may only be used to make new pre-print materials, at Licensee’s sole expense, from which necessary exploitation materials can be made. The loaned Delivery Materials will always be held in a laboratory or facility subject to Licensor’s reasonable approval and will be returned to Licensor within a reasonable time designated by Licensor. For the material supplied on loan Licensee agrees to return, prepaid, the prints, tapes, reels and containers in the same form and condition as delivered by Licensor, ordinary wear and tear from proper use excepted, to Licensor at the address designated by it. iv) Electronic Delivery: Where Electronic Delivery is specified, Licensor will deliver the applicable Delivery Materials to Licensee by electronic transmission over the Internet or comparable service consistent with available materials and Licensee’s equipment. In so doing, Licensor may require Licensee to obtain and use reasonable and commercially available digital rights management software and intellectual property protection before making any electronic delivery. c) Acceptance of Delivery: Licensee will evaluate all Delivery Materials for technical acceptance promptly after their receipt. Acceptance of Delivery means Licensee’s actual or deemed acknowledgement that the applicable Delivery Materials are technically acceptable for exploitation of the Licensed Rights. Acceptance of Delivery is based on objective technical standards without regard to questions of commercial or artistic merit. d) Technical Acceptance Confirmation Period: Immediately upon receipt, Licensee shall examine each print and notify Licensor if any such print is defective for television broadcast purposes on the basis of technical standards. Upon receipt of any such notice, Licensor shall furnish substitute print to Licensee within thirty (30) days. Failure by Licensee to give Licensor such notice within thirty (30) days after receipt of any print shall be deemed to be irrevocable acknowledgement that the print is satisfactory in all respects. e) Defective Material(s) / Replacement: Licensee shall submit a written notice to Licensor within one (1) month from the Receipt of Materials of any defective material Where upon Licensor will replace it (them) with (an) acceptable one(s), suitable for broadcasting purposes. This replacement will Take place at Licensor’s own cost within thirty (30) days following receipt of such notice by Licensor (“Material Replacement Period”). In case that Licensor is not able to supply Licensee with the required replacement material within the “Material Replacement Period”, then: • Licensor shall either have the said Program(s) replaced by a similar caliber one further to Licensee’s approval, or; • Licensee shall have the right to refuse the replaced Program(s) f) Shipping charges, insurance, customs duties, brokerage charges and any other handling charges in connection with the delivery and return of each print, shall be borne by Licensee. If any print is damaged between the time of receipt by Licensee and return by Licensee, or if Licensee fails to timely return any print, Licensee shall pay Licensor such damage or loss caused by such damage or delay. Such payment shall not transfer title to Licensee or anyone else. Unless Licensee shall notify Licensor prior to telecasting a print that said print was damaged upon receipt, detailing the damage, said damage shall be deemed to have occurred between the time of receipt by Licensee and return by Licensee. g) Licensee shall pay all taxes customs duties, levies, imposts, censorship charges and any other charges now or hereafter imposed or based upon or resulting from the licensing, rental, delivery, import, export, exhibition, possession or use hereunder to or by Licensee of the Program(s) or any print thereof. h) Dubbing / Subtitling: The Licensee may at its own expense and in accordance with the terms of the Agreement make a dubbed and/or subtitled version of the Program into the “Authorised language”; In this event, Licensee shall provide Licensor with immediate, unrestricted access to such Version(s) including, without limitation, all subtitled and/or dubbed tracks, in perpetuity, the cost of such access to Licensor being 50% of actual Licensee’s production cost, the cost of duplication of the tapes or tracks and the shipping of same to the Licensor (if any).
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Sources: Licenčná Zmluva
MATERIALS. (a) Delivery Address: Licensor shall deliver the Materials to the address of Licensee set forth in the Television Licence Agreement
(b) Delivery
i) Physical Delivery: Where Physical Delivery is specified, Licensor will deliver the applicable Delivery Materials to Licensee at the applicable delivery location. Delivery will be made by air transport unless otherwise specified in the Television Licence Agreement or Delivery Notice. Delivery by Licensor and receipt of the Materials by Licensee (“Receipt of Materials”) shall be deemed to have taken place: • On the same day of personal delivery (hand-delivery) against the signature of the recipient party representing the Licensee, • On the day/date the courier company will confirm its delivery thereof by submitting the relevant dispatch document, if sent by a courier company.
ii) Laboratory Access: Where Laboratory Access is specified, Licensor will provide Licensee with access to the applicable Delivery Materials at a recognized laboratory or facility mutually acceptable to the parties.
iii) Loan of Materials: Where Loan of Materials is specified, Licensor will deliver the applicable Delivery Materials on loan to Licensee at the applicable delivery location. Licensor will deliver to Licensee, at Licensee’s cost, such prints and other material described in the Television Licence Agreement. Delivery will be made by air transport unless otherwise specified in the Television Licence Agreement or Delivery Notice. These loaned Delivery Materials may only be used to make new pre-print materials, at Licensee’s sole expense, from which necessary exploitation materials can be made. The loaned Delivery Materials will always be held in a laboratory or facility subject to Licensor’s reasonable approval and will be returned to Licensor within a reasonable time designated by Licensor. For the material supplied on loan Licensee agrees to return, prepaid, the prints, tapes, reels and containers in the same form and condition as delivered by Licensor, ordinary wear and tear from proper use excepted, to Licensor at the address designated by it.
iv) Electronic Delivery: Where Electronic Delivery is specified, Licensor will deliver the applicable Delivery Materials to Licensee by electronic transmission over the Internet or comparable service consistent with available materials and Licensee’s equipment. In so doing, Licensor may require Licensee to obtain and use reasonable and commercially available digital rights management software and intellectual property protection before making any electronic delivery.
c) Acceptance of Delivery: Licensee will evaluate all Delivery Materials for technical acceptance promptly after their receipt. Acceptance of Delivery means Licensee’s actual or deemed acknowledgement that the applicable Delivery Materials are technically acceptable for exploitation of the Licensed Rights. Acceptance of Delivery is based on objective technical standards without regard to questions of commercial or artistic merit.
d) Technical Acceptance Confirmation Period: Immediately upon receipt, Licensee shall examine each print and notify Licensor if any such print is defective for television broadcast purposes on the basis of technical standards. Upon receipt of any such notice, Licensor shall furnish substitute print to Licensee within thirty (30) days. Failure by Licensee to give Licensor such notice within thirty (30) days after receipt of any print shall be deemed to be irrevocable acknowledgement that the print is satisfactory in all respects.
e) Defective Material(s) / Replacement: Licensee shall submit a written notice to Licensor within one (1) month from the Receipt of Materials of any defective material Where upon Licensor will replace it (them) with (an) acceptable one(s), suitable for broadcasting purposes. This replacement will Take place at Licensor’s own cost within thirty (30) days following receipt of such notice by Licensor (“Material Replacement Period”). In case that Licensor is not able to supply Licensee with the required replacement material within the “Material Replacement Period”, then: • Licensor shall either have the said Program(s) replaced by a similar caliber one further to Licensee’s approval, or; • Licensee shall have the right to refuse the replaced Program(s)
f) Shipping charges, insurance, customs duties, brokerage charges and any other handling charges in connection with the delivery and return of each print, shall be borne by Licensee. If any print is damaged between the time of receipt by Licensee and return by Licensee, or if Licensee fails to timely return any print, Licensee shall pay Licensor such damage or loss caused by such damage or delay. Such payment shall not transfer title to Licensee or anyone else. Unless Licensee shall notify Licensor prior to telecasting a print that said print was damaged upon receipt, detailing the damage, said damage shall be deemed to have occurred between the time of receipt by Licensee and return by Licensee.
g) Licensee shall pay all taxes customs duties, levies, imposts, censorship charges and any other charges now or hereafter imposed or based upon or resulting from the licensing, rental, delivery, import, export, exhibition, possession or use hereunder to or by Licensee of the Program(s) or any print thereof.
h) Dubbing / Subtitling: The Licensee may at its own expense and in accordance with the terms of the Agreement make a dubbed and/or subtitled version of the Program into the “Authorised language”; In this event, Licensee shall provide Licensor with immediate, unrestricted access to such Version(s) including, without limitation, all subtitled and/or dubbed tracks, in perpetuity, the cost of such access to Licensor being 50% of actual Licensee’s production cost, the cost of duplication of the tapes or tracks and the shipping of same to the Licensor (if any).
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