Common use of The Production Clause in Contracts

The Production. 4.1. MAKMENDE shall provide the following services on the Client’s instructions: a. pre production (Production definition, recruitment and selection of the Local Partner, media and/or technical advice to the other Parties concerning the Production, drafting of the Agreement); b. management of the Production, from the MAKMENDE office in The Netherlands; c. communication to the Client, the Local Partner and – if required – to the media; d. contract management; e. post production and delivery of the Final Version to the Client. 4.2. MAKMENDE shall at all times operate as “producer”, which means that it shall be MAKMENDE that makes final decisions concerning the Production, whether technical, creative or otherwise. Nevertheless, MAKMENDE shall – if this comes to the benefit of the Production - consult and inform the Client and the Local Partner as often as required. A detailed production schedule will be provided after the research phase. For the general production workflow and phased feedback/approval rounds please refer to workflow overview. 4.3. The Client shall provide MAKMENDE will all information, necessary for the making of the Production, in due time and at the expense of the Client. MAKMENDE shall not be liable for damages suffered by the Client as a result of not giving the information timely, completely or correctly. In case of third parties, involved with the Production, the Client sees to it that these third parties as informed sufficiently. 4.4. If the Client wishes to alter the Production (whether this is the format, the content, the scope or otherwise) after the preproduction stage has ended (and therefore the actual production has started), MAKMENDE has the right to charge the Client additional costs, at an actual and reasonable rate. 4.5. The Final Version of the Production will be delivered by MAKMENDE on the day and in the manner as stipulated in the Agreement. In case of delivery in digital form MAKMENDE guarantees that the Final Version of the Production will be delivered free from viruses and other diseases. The risk to use the Production passes at the moment MAKMENDE has placed the Final Version of the Production in the (test) environment, designated by the Client. 4.6. The Client is obliged to test the Final Version of the Production for the presence of Faults immediately after delivery. If within 240 hours (10 working days) after delivery the Client has not informed MAKMENDE about a possible Fault, the Final Version of the Production is deemed to be Faultless and accepted. In case a Fault has been reported in due time, ▇▇▇▇▇▇▇▇ shall inform the Client as soon as possible whether or not the Fault is acknowledged by ▇▇▇▇▇▇▇▇ and what will be the repair time. 4.7. ▇▇▇▇▇▇▇▇ exerts herself to deliver the Final Version of the Production within the stipulated time. If for whatever reason MAKMENDE will not be able the deliver the Final Version of the Production in time, MAKMENDE shall inform the Client without delay, stating a new term of delivery, without being liable to pay damages.