6.1 In the performance of its duties and exercise of its powers under this Agreement, FCAM will be entitled to rely upon any document reasonably believed by FCAM to be genuine and to have been sent or signed by the person by whom it purports to have been sent or signed and the opinion and statements of any professional advisor selected by FCAM in connection herewith and shall not be liable to any Party for any consequence of any such assumption, action or reliance.
6.2 FCAM and FCustody shall have no duties or obligations pursuant to this Agreement save as expressly set forth herein.
6.3 If FCAM is unable for reasons outside its control to carry out any of the provisions hereof, FCAM shall incur no liability as a consequence thereof for so long as the relevant situation continues and during such period FCAM shall have no responsibility for its inability to carry out or perform the relevant provisions hereof.
6.4 If FCAM is unable at any time to make payments out of Collected Gross Receipts by reason of the failure of the Parties to provide any information required by FCAM, FCAM shall not be obliged to make any further payments to any Beneficiary until such time as any Party hereto shall have provided sufficient information to FCAM in order to make such payments.
6.5 FCAM shall have no obligation to protect the copyright or any similar rights in or to the Film in any part of the world whether by registration or otherwise.
6.6 Notwithstanding anything to the contrary of the provisions contained in Clause 6.11, if claims conflicting with the interpretation of the terms of this Agreement are notified to FCAM by any Party relating to the Collection Account or the Collected Gross Receipts, or if any third party should assert claims in respect thereof, FCAM shall be entitled, at FCAM's discretion, to:
6.6.1 notwithstanding any other provision herein contained, suspend the distribution of Collected Gross Receipts without liability to any Party until any conflict is in the opinion of FCAM resolved; and/or
6.6.2 invoke the arbitration procedure referred to in Clause 8 hereof.
6.7 FCAM shall not be obliged to take any action under this Agreement which may in FCAM's opinion involve any expense or liability on FCAM's part unless FCAM shall have first been furnished with an indemnity from the Parties in a form acceptable to FCAM. Any such expense incurred by FCAM pursuant to this Clause 6.7 shall be deemed FCAM Expenses for the purposes of this Agreement.
6.8 FCAM shall be entitled without liability to engage in its normal and customary business with any Party or any affiliate or associate of any Party provided that nothing in this sub-paragraph shall affect the right of the Parties to receive their Entitlements.
6.9 If any payment by FCAM is subject to the approval of one or more of the Parties, and such approval has not been received in writing by FCAM within seven (7) Business Days after a request for the same in writing, such Party shall be deemed to have given its approval to the relevant act or payment and FCAM shall be entitled to make the relevant payment or otherwise act in accordance with the terms and conditions of this Agreement.
6.10 This Agreement shall be deemed to be the sole document relating to the distribution of the Collected Gross Receipts.
6.11 In the event of any conflict between the provisions of this Agreement and the provisions of any other agreement relating to the Film with respect to the disbursement of receipts from the Film, the provisions of this Agreement shall prevail.
6.12 The Parties agree that FCAM shall be entitled to a credit on all copies of the Film in the form 'World revenues collected and distributed by Freeway CAM B.V.'.
6.13 The Parties, FCAM and FCustody jointly and severally agree with each of the others that the terms of Schedules 5 and 6 of this Agreement are confidential to the Parties, FCAM and FCustody and shall not be disclosed to any third party, save that any Party, FCAM and FCustody shall be entitled to reveal such terms to its professional advisors and to any Beneficiary in relation to matters which affect such Beneficiary.
The parties hereto agree and declare that the provisions of the United Kingdom Contracts (Rights of Third Parties) Act 1999 (or any similar provision in any other relevant jurisdiction) shall not apply to this Agreement and that no term or condition of this Agreement shall confer or be construed as conferring any right on any third party. The clause and paragraph headings in this Agreement are provided for convenience only and shall not affect the construction, interpretation or effect of this Agreement. The Distributor shall provide FCAM with one VHS (PAL) video cassette or one DVD and one poster of the Film as soon as these become available. Nothing herein shall constitute a partnership or joint venture between the parties hereto or any two or more of them.
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