NONDISCLOSURE AGREEMENTS AND CONFIDENTIALITY. We do provide access to skilled attorneys who can provide legal services once directly engaged. The Parties covenant and agree that if a Party fails or neglects for any reason to take advantage of any of the terms providing for the termination of this Agreement or if a Party, having the right to declare this Agreement terminated, shall fail  to do so, any such failure or neglect by such Party shall not be a waiver or be deemed  or be construed to be a waiver of any cause for the termination of this Agreement  subsequently arising, or as a waiver of any of the terms, covenants or conditions of this Agreement or of the performance thereof. 4.5      All payments due hereunder shall be paid by check or bank wire payable in United States of America currency to PRODUCER, or to the account of PRODUCER at such bank as PRODUCER may from time to time designate by notice to CUSTOMER. The CUSTOMER covenants and agrees to purchase the Subject Product exclusively from the PRODUCER. One half is called the "Writer's Share" while the other is the "Publisher's Share". Often, a producer will sell a beat outright. To produce these demos, artists will usually sign a production agreement with a production company. Even though the term of the agreement ends, if the producer enters into an agreement with one of the finder’s contacts, the producer … In addition, the CUSTOMER shall be responsible for any and all costs incurred by the PRODUCER in connection with any audit or investigation which results in the determination of a shortfall amount of five (5) percent of Subject Product used to produce the PRODUCT(s) Produced. The Parties agree to use their best efforts to reach a mutually satisfactory agreement relative to any and all objections. endstream endobj startxref 0 %%EOF 68 0 obj <>stream 4. For example, an exclusive rights contract for beats will enable the artist to use the beat in any number of recordings as she wants. This term in a producer exclusive rights contract must express the royalties that the producer will get from the sale of the song/beat. This also extends to using the song/beat in movies, TV shows or advertisements. 11.1     The Parties shall agree to an annual quota of total kilograms of Subject Product  purchased for the first year period. Within ninety (90) days from the arrival date of shipment of SUBJECT Product to CUSTOMER’s manufacturer, CUSTOMER shall pay to PRODUCER the remaining ( 50%) percent of the total payment due. For example, there should be a provision that prevents forcing out the production company when an artist directly signs with a record label. The failure of PRODUCER to exercise such right of termination for any non-payment or otherwise shall not be deemed to be a waiver of any right PRODUCER might have, nor shall such failure preclude PRODUCER from exercising or enforcing said right upon any subsequent failure by CUSTOMER. Record labels and production companies will enter into a producer agreement to allow for an artist's record to be produced. It contains terms such as what rights are granted, compensation paid to the grantor, obligations of the parties and settlement of disputes. These are included with the producers’ consent. Exclusive production agreements are very common in the record industry, and are used to produce a record and then either license or sell the record to a third-party for distribution. 1. None of the terms, covenants and conditions of this Agreement may be waived by a Party except by its written consent. Exclusive Producer Agreement Contract. 2. Its negotiations may take a long time to complete. PRODUCER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS OR MERCHANTABILITY, REGARDING OR WITH RESPECT TO THE SUBJECT PRODUCT AND PRODUCER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, OF THE PATENTABILITY OF THE SUBJECT PRODUCT OR OF THE ENFORCEABILITY OF ANY PATENTS ISSUING THEREUPON IF ANY, OR THAT THE SUBJECT PRODUCT IS OR SHALL BE FREE FROM INFRINGEMENT OF ANY PATENT OR OTHER RIGHTS OF THIRD PARTIES. If annual purchases of Subject Product do not meet or exceed said quota, the exclusivity of the right granted hereunder shall be extinguished. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.