Theatrical Remake. If a feature-length theatrical remake of the Picture is produced and if Writer is not engaged to render writing services for said remake, an amount equal to 33-1/3% of the Prior Payments, payable upon commencement of principal photography of each such remake; plus a sum equal to 1.67% of 100% of the Defined Proceeds of each such remake if Writer received sole credit or .833% of 100% of the Defined Proceeds of each such remake if Writer received shared credit, defined, accounted for and paid in accordance with Producer’s standard definition of Defined Proceeds.
Theatrical Remake. One-third (1/3) of the Purchase Price actually paid to Owner pursuant to Paragraph 2.6 above and one-third (1/3) of the Production Bonus actually paid to Owner pursuant to Paragraph 2.7. above plus, as a contingent payment, contingent payments of such feature-length Theatrical Motion Picture Remake, which payments shall be equal to one-third (1/3) of the contingent payments to which Owner was entitled for the Picture as set forth in Paragraph 2.9 above (e.g„ [i] at such time, if ever, that such feature-length Theatrical Motion Picture Remake achieves Start Point #1, the flat sum of $83,333 [ii] at such time, if ever, that such feature-length Theatrical Motion Picture Remake achieves Start Point #2, an amount equal to 0.42% of 100% of Adjusted Defined Receipts, if any, of such Remake and [iii] at such time, if ever, that such feature-length Theatrical Motion Picture Remake achieves CP Start Point, an amount equal to 0.83% of the Adjusted Defined Receipts, if any, of such Remake, on a prospective basis).
