Res 1995-182 - Laserfiche WebLink

Home Browse Search

3J-Ø work in progress is interrupted during use of the Property by Producer, Producer shall have the right to use the Property at a later date to be mutually agreed upon and/or to extend the period set forth in Paragraph 4, to November 26, 1995 without payment of additional fees to Owner. 8. RIGHTS: All rights of every kind and nature whatsoever in and to all still and motion pictures and sound recording made hereunder in connection with use of the Property by Producer shall be and remain the sole and exclusive property of Producer, including, without limitation, the perpetual and irrevocable right and license to use and reuse said photography and/or said sound recordings in connection with any motion pictures as Producer shall elect, and in, and in connection with, advertising, publicizing, exhibiting and exploiting such motion pictures, in any manner whatsoever and at any time by all means, media, devices, processes and technology now or hereafter known or devised in perpetuity throughout the universe. Neither Owner nor any other party now or hereafter claiming an interest in the Property and/or interest through Owner shall have any right of action against Producer or any other party arising from or based upon any use or exploitation of said photography and/or said sound recordings, whether or not such use is or is claimed to be defamatory, untrue or censorable in nature. 9. USAGE: Producer is not obligated actually to use the Property or to include any of said photography and/or said sound recordings in any motion picture, Owner may not terminate or rescind the permission granted to Producer hereunder to use and photograph the Property. In the event of any claim by Owner against Producer, whether or not material, Owner shall be limited to Owner's remedy at law for damages, if any, and Owner shall not be entitled to enjoin, restrain or interfere with use of the Property as provided in this Agreement or with the advertising, publicizing, exhibiting or exploitation of said photography and or said sound recordings or any of Producer's rights hereunder. Owner acknowledges and agrees that the Property is a primary location for use by Producer as part of the photography of a motion picture, and that any interference with use thereof by Producer shall cause Producer substantial monetary and other damage which can not be adequately compensated in an action at law for damages. Accordingly, without limiting any other right or remedy of Producer, Owner agrees that Producer shall be entitled to injunctive and other equitable relief to prevent anyïnterference with use of the Property by Producer hereunder, except where said use would interfere with the use, safety or operation of the San Marcos Municipal Airport. 10. OWNER'S WARRANTIES: Owner represents, warrants and agrees that: (a) Owner is the sole and exclusive legal owner of the Property and has the full right, power and authority to grant Producer the rights granted to Producer hereunder; (b) Own,er will take no action nor allow or permit or authorize any third party to take any action which might interfere with Producer's full use and quiet enjoyment of the Property in accordance with the terms hereof; and Owner will pay all utility bills and taxes and timely do all other acts as are required to maintain the Property in useable condition for all uses by Producer contemplated hereunder. Owner agrees to indemnify and hold Producer harmless from Location Agreement - 3- 'COURAGE UNDER FIRE'