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EFFECTIVENESS OF EXHIBITS "A", "C" , “D” and “E”: Concurrently with the execution of this agreement Owner and Purchaser have executed Exhibits A (Literary Purchase Agreement), C (Assignment of Copyright), D (Director’s Agreement) and E (Appendix 1 to Director’s Agreement) which are undated, and it is agreed that if Purchaser shall exercise the option (including without limitation payment of the Purchase Price pursuant hereto, but not otherwise, the signature of Owner to Exhibits A and C shall be deemed to be effective and these Exhibits shall constitute valid and binding agreements effective as of the date of such exercise of such option, and Purchaser is hereby authorized and empowered to insert the date on such instruments accordingly. If Purchaser shall fail to exercise the option (including payment of the Purchase Price pursuant hereto), then Exhibits A, C , D and E shall be void and of no further force or effect whatever, and Purchaser shall not be deemed to have acquired any rights in or to the Property and, upon Owner’s request therefore, Purchaser shall promptly return to Owner all originals and copies of said exhibits. If Purchaser exercises the option, Purchaser will enter the date of exercise, execute and deliver to Owner copies of Exhibit A, C, D and E, dated as of the date of the exercise of the option, and Owner will, if so requested by Purchaser, execute and deliver to Purchaser additional signed copies of Exhibits A, C, D and E. Notwithstanding the failure or omission of either party to execute and/or deliver such additional documents, it is agreed that upon the exercise of the option by Purchaser (including payment of the Purchase Price pursuant hereto) all rights in and to the Property agreed to be transferred to Purchaser pursuant to the provisions of Exhibit A shall be deemed vested in Purchaser, effective as of the date of exercise of the option (including payment of the Purchase Price pursuant hereto).
RIGHT TO ENGAGE IN PREPRODUCTION AND PRODUCTION: Owner acknowledges that Purchaser may, at its own expense, during the Option Period undertake preproduction activities in co
ASSIGNMENT: This Option Agreement and any and all rights granted hereunder may be assigned by Purchaser to any other person, firm or corporation. No such assignment shall release Purchaser from liability hereunder except if to a major motion picture studio, cable service, or television network which assumes in writing all of Purchaser's obligations hereunder. Owner may assign any or all of his rights hereunder to an entity of which he is the principal.
GENDER AND NUMBER: Terms used herein in the masculine gender include the feminine and neuter gender, and terms used in the singular number include the plural number, if the context may require.
SECTION HEADINGS: The headings of paragraphs, sections and other subdivisions of this agreement are for convenient reference only. They shall not be used in any way to govern, limit, modify, or construe this agreement or any part or provision thereof or otherwise be given any legal effect.
ENTIRE AGREEMENT: This agreement is subject to the laws of the State of California. This agreement, including the Exhibits attached hereto, contains the full and complete understanding and agreement between the parties with respect to the within subject matter, and supersedes all other agreements between the parties whether written or oral relating thereto, and may not be modified or amended except by written instrument executed by both of the parties hereto. Neither party hereto has relied on any representation or warranty not set forth herein. All the rights, licenses, privileges and property herein granted to Purchaser are irrevocable and not subject to termination, rescission, restraint, or injunction under any or all circumstances, except as otherwise provided hereunder.
IN WITNESS WHEREOF, the parties hereto have signed this Option Agreement as of the day and year first hereinabove written.
PURCHASER: OWNER:
Krzysztof B Samoilov Valerii
Конечно, тут, помимо денежных отношений, много чего наворочено, с учетом пунктуальности договорных отношений на кинопроизводстве Запада. Они стараются предусмотреть все, что только можно по закону, обеспечив автору и всем, кто задейство-ван, максимум прав, но также и обязанностей.
Продолжение следует:
EXHIBIT A – LITERARY PURCHASE AGREEMENT
This Agreement made on ____________________by and Valerii Samoilov (hereinafter referred to as "Owner") and Krzysztof B., doing business as N ("Purchaser").
WITNESSETH:
WHEREAS, Owner is the sole and exclusive owner throughout the universe of all rights in and to that certain original novel entitled "Podvodnye Ple
WHEREAS, Purchaser desires to acquire all rights of the Owner in and to the Property as hereinafter set forth in consideration for the purchase price provided herein and in reliance upon the Owner's representations and warranties hereinafter set forth;
1. RIGHTS GRANTED: Owner hereby sells, grants, conveys and assigns to Purchaser, its successors, licensees and assigns exclusively and forever, all right, title and interest in and to the Property together with all now or hereafter existing rights of every kind and character whatsoever therein, and the complete and unconditional and unencumbered title therein for all purposes, including all titles thereof, and all elements, themes, ideas, stories, plots, incidents, music, lyrics, arrangements, choreography, dialogue and characters, character names, action, revisions, dramatizations, prequels, sequels, remakes spin offs, and other parts and components contained therein, now or hereafter in existence, without limitations, including all copyrights throughout the universe, including all renewals, extensions and continuations thereof, whether common law, statutory or otherwise, together with the exclusive right to obtain and register copyright and renewal copyright or analogous protection for the Property, whether in the name of the Purchaser, its successors, licensees or assigns, in Purchaser's sole discretion. Included among the rights granted to Purchaser hereunder (without in any way limiting the grant of rights hereinabove made) are the following sole and exclusive rights throughout the universe.