Common use of Prospective Application Clause in Contracts

Prospective Application. The terms and conditions set forth in this Paragraph F. shall be applicable prospectively only. They shall not apply to: (a) any program or series that would otherwise qualify as a "High Budget SVOD Program" within the meaning of this Sideletter, for which the principal photography of the program, in the case of a one-time program, or the principal photography of the first episode, in the case of a series, commenced prior to June 1, 2016; or (b) any program or series that would otherwise qualify as a "High Budget SVOD Program" within the meaning of this Sideletter for which the principal photography of the program or the first episode of the series commenced after June 1, 2016, if such program or series was produced pursuant to the terms of a bona fide license agreement with fixed and definite terms entered into by the Employer prior to June 1, 2016. However, if such license agreement is entered into subject to conditions precedent, then all such conditions must be satisfied prior to June 1, 2016. Any program or series described in subparagraphs (a) or (b) above shall continue to be subject to the terms of the Sideletter Re: Productions Made for New Media under the 2013 Local #798 Major Film Theatrical and Television Series Agreement or the 2013 Local #798 Supplemental Digital Production Agreement. However, with respect to any such program or series described in subparagraphs (a) or (b) above, if the licensee orders additional programs or episodes pursuant to the terms of the license agreement after June 1, 2016 and the Employer has the right to negotiate with respect to the material terms and conditions of the license for the additional programs or episodes, then such additional programs or episodes shall be subject to the terms of this Sideletter. Notwithstanding the foregoing, the Employer shall not reduce the terms and conditions of employment previously provided to Local #798- represented employees on programs or series covered by subparagraphs (a) or (b) above.

Appears in 3 contracts

Sources: Supplemental Digital Production Agreement, Supplemental Digital Production Agreement, Major Film Theatrical and Television Series Agreement

Prospective Application. The terms and conditions set forth in this Paragraph F. shall be applicable prospectively only. They shall not apply to: (a) any program or series that would otherwise qualify as a "High Budget SVOD Program" within the meaning of this Sideletter, for which the principal photography of the program, in the case of a one-time program, or the principal photography of the first episode, in the case of a series, commenced prior to June November 1, 20162015; or (b) any program or series that would otherwise qualify as a "High Budget SVOD Program" within the meaning of this Sideletter for which the principal photography of the program or the first episode of the series commenced after June November 1, 20162015, if such program or series was produced pursuant to the terms of a bona fide license agreement with fixed and definite terms entered into by the Employer prior to June November 1, 20162015. However, if such license agreement is entered into subject to conditions precedent, then all such conditions must be satisfied prior to June November 1, 20162015. Any program or series described in subparagraphs (a) or (b) above shall continue to be subject to the terms of the Sideletter No. 12 Re: Productions Made for New Media under the 2013 Local #798 Major Film Theatrical and Television Series Agreement or the 2013 Local #798 Supplemental Digital Production 2012 Area Standards Agreement. However, with respect to any such program or series described in subparagraphs (a) or (b) above, if the licensee orders additional programs or episodes pursuant to the terms of the license agreement after June November 1, 2016 2015 and the Employer has the right to negotiate with respect to the material terms and conditions of the license for the additional programs or episodes, then such additional programs or episodes shall be subject to the terms of this Sideletter. Notwithstanding the foregoing, the Employer shall not reduce the terms and conditions of employment previously provided to Local #798- IATSE-represented employees on programs or series covered by subparagraphs (a) or (b) above.

Appears in 3 contracts

Sources: Theatrical and Television Motion Picture Area Standards Agreement, Theatrical and Television Motion Picture Area Standards Agreement, Theatrical and Television Motion Picture Area Standards Agreement

Prospective Application. The terms and conditions set forth in this Paragraph F. shall be applicable prospectively only. They shall not apply to: (a) any program or series that would otherwise qualify as a "High Budget SVOD Program" within the meaning of this Sideletter, for which the principal photography of the program, in the case of a one-one- time program, or the principal photography of the first episode, in the case of a series, commenced prior to June November 1, 20162015; or (b) any program or series that would otherwise qualify as a "High Budget SVOD Program" within the meaning of this Sideletter for which the principal photography of the program or the first episode of the series commenced after June November 1, 20162015, if such program or series was produced pursuant to the terms of a bona fide license agreement with fixed and definite terms entered into by the Employer prior to June November 1, 20162015. However, if such license agreement is entered into subject to conditions precedent, then all such conditions must be satisfied prior to June November 1, 20162015. Any program or series described in subparagraphs (a) or (b) above shall continue to be subject to the terms of the Sideletter Re: Productions Made for New Media under the 2013 2012 Local #798 Major Film Theatrical 52 Feature and Television Series Agreement or the 2013 Local #798 Supplemental Digital Production AgreementContract. However, with respect to any such program or series described in subparagraphs (a) or (b) above, if the licensee orders additional programs or episodes pursuant to the terms of the license agreement after June November 1, 2016 2015 and the Employer has the right to negotiate with respect to the material terms and conditions of the license for the additional programs or episodes, then such additional programs or episodes shall be subject to the terms of this Sideletter. ▇▇▇▇ ▇▇▇▇ Productions Made for New Media Revised as of May 16, 2018 Notwithstanding the foregoing, the Employer shall not reduce the terms and conditions of employment previously provided to Local #798- 52-represented employees on programs or series covered by subparagraphs (a) or (b) above.

Appears in 1 contract

Sources: Feature and Television Production Contract

Prospective Application. The terms and conditions set forth in this Paragraph F. shall be applicable prospectively only. They shall not apply to: (a) any program or series that would otherwise qualify as a "High Budget SVOD Program" within the meaning of this Sideletter, for which the principal photography of the program, in the case of a one-time program, or the principal photography of the first episode, in the case of a series, commenced prior to June 1, 2016; or (b) any program or series that would otherwise qualify as a "High Budget SVOD Program" within the meaning of this Sideletter for which the principal photography of the program or the first episode of the series commenced after June 1, 2016, if such program or series was produced pursuant to the terms of a bona fide license agreement with fixed and definite terms entered into by the Employer prior to June 1, 2016. However, if such license agreement is entered into subject to conditions precedent, then all such conditions must be satisfied prior to June 1, 2016. Any program or series described in subparagraphs (a) or (b) above shall continue to be subject to the terms of the Sideletter Re: Productions Made for New Media under the 2013 Local #798 Major Film 161 Motion Picture Theatrical and Television TV Series Production Agreement or the 2013 Local #798 161 Supplemental Digital Production Agreement. However, with respect to any such program or series described in subparagraphs (a) or (b) above, if the licensee orders additional programs or episodes pursuant to the terms of the license agreement after June 1, 2016 and the Employer has the right to negotiate with respect to the material terms and conditions of the license for the additional programs or episodes, then such additional programs or episodes shall be subject to the terms of this Sideletter. Notwithstanding the foregoing, the Employer shall not reduce the terms and conditions of employment previously provided to Local #798- 161- represented employees on programs or series covered by subparagraphs (a) or (b) above.. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Revised as of March 3, 2019

Appears in 1 contract

Sources: Supplemental Digital Production Agreement

Prospective Application. The terms and conditions set forth in this Paragraph F. shall be applicable prospectively only. They shall not apply to: (a) any program or series that would otherwise qualify as a "High Budget SVOD Program" within the meaning of this SideletterExhibit, for which the principal photography of the program, in the case of a one-time program, or the ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Exhibit 7 Revised as of October 1, 2018 principal photography of the first episode, in the case of a series, commenced prior to June November 1, 20162015; or (b) any program or series that would otherwise qualify as a "High Budget SVOD Program" within the meaning of this Sideletter Exhibit for which the principal photography of the program or the first episode of the series commenced after June November 1, 20162015, if such program or series was produced pursuant to the terms of a bona fide license agreement with fixed and definite terms entered into by the Employer Producer prior to June November 1, 20162015. However, if such license agreement is entered into subject to conditions precedent, then all such conditions must be satisfied prior to June November 1, 20162015. Any program or series described in subparagraphs (a) or (b) above shall continue to be subject to the terms of the Sideletter Exhibit 7 Re: Productions Made for New Media under the 2013 2012 Local #798 Major Film Theatrical and Television Series Agreement or the 2013 Local #798 Supplemental Digital Production USA 829 Agreement. However, with respect to any such program or series described in subparagraphs (a) or (b) above, if the licensee orders additional programs or episodes pursuant to the terms of the license agreement after June November 1, 2016 2015 and the Employer Producer has the right to negotiate with respect to the material terms and conditions of the license for the additional programs or episodes, then such additional programs or episodes shall be subject to the terms of this SideletterExhibit. Notwithstanding the foregoing, the Employer Producer shall not reduce the terms and conditions of employment previously provided to Local #798- USA 829 – represented employees on programs or series covered by subparagraphs (a) or (b) above.. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Exhibit 7 Revised as of October 1, 2018

Appears in 1 contract

Sources: Motion Picture Production Agreement

Prospective Application. The terms and conditions set forth in this Paragraph F. shall be applicable prospectively only. They shall not apply to: (a) any program or series that would otherwise qualify as a "High Budget SVOD Program" within the meaning of this Sideletter, for which the principal photography of ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Productions Made for New Media Revised as of August 1, 2018 the program, in the case of a one-time program, or the principal photography of the first episode, in the case of a series, commenced prior to June November 1, 20162015; or (b) any program or series that would otherwise qualify as a "High Budget SVOD Program" within the meaning of this Sideletter for which the principal photography of the program or the first episode of the series commenced after June November 1, 20162015, if such program or series was produced pursuant to the terms of a bona fide license agreement with fixed and definite terms entered into by the Employer prior to June November 1, 20162015. However, if such license agreement is entered into subject to conditions precedent, then all such conditions must be satisfied prior to June November 1, 20162015. Any program or series described in subparagraphs (a) or (b) above shall continue to be subject to the terms of the Sideletter No. 12 Re: Productions Made for New Media under the 2013 Local #798 Major Film Theatrical and Television Series Agreement or the 2013 Local #798 Supplemental Digital Production 2012 Area Standards Agreement. However, with respect to any such program or series described in subparagraphs (a) or (b) above, if the licensee orders additional programs or episodes pursuant to the terms of the license agreement after June November 1, 2016 2015 and the Employer has the right to negotiate with respect to the material terms and conditions of the license for the additional programs or episodes, then such additional programs or episodes shall be subject to the terms of this Sideletter. Notwithstanding the foregoing, the Employer shall not reduce the terms and conditions of employment previously provided to Local #798- IATSE-represented employees on programs or series covered by subparagraphs (a) or (b) above.. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Productions Made for New Media Revised as of August 1, 2018

Appears in 1 contract

Sources: Theatrical and Television Motion Picture Area Standards Agreement

Prospective Application. The terms and conditions set forth in this Paragraph F. shall be applicable prospectively only. They shall not apply to: (a) any program or series that would otherwise qualify as a "High Budget SVOD Program" within the meaning of this Sideletter, for which the principal photography of the program, in the case of a one-time program, or the principal photography of the first episode, in the case of a series, commenced prior to June 1, 2016; or (b) any program or series that would otherwise qualify as a "High Budget SVOD Program" within the meaning of this Sideletter for which the principal photography of the program or the first episode of the series commenced after June 1, 2016, if such program or series was produced pursuant to the terms of a bona fide license agreement with fixed and definite terms entered into by the Employer Producer prior to June 1, 2016. However, if such license agreement is entered into subject to conditions precedent, then all such conditions must be satisfied prior to June 1, 2016. Any program or series described in subparagraphs (a) or (b) above shall continue to be subject to the terms of the Sideletter ReNo. 3 re: Productions Made for New Media under the 2013 prior applicable Local #798 Major Film Theatrical 764 Feature and Television Series Production Agreement (or the 2013 prior applicable Local #798 764 Supplemental Digital Production Agreement). However, with respect to any such program or series described in subparagraphs (a) or (b) above, if the licensee orders additional programs or episodes pursuant to the terms of the license agreement after June 1, 2016 and the Employer Producer has the right to negotiate with respect to the material terms and conditions of the license for the additional programs or episodes, then such additional programs or episodes shall be subject to the terms of this Sideletter. Notwithstanding the foregoing, the Employer Producer shall not reduce the terms and conditions of employment previously provided to Local #798- 764- represented employees on programs or series covered by subparagraphs (a) or (b) above.

Appears in 1 contract

Sources: Feature and Television Production Agreement