Common use of Where Condition Clause in Contracts

Where Condition. 16.1 applies, ▇▇ ▇▇▇▇ or its nominee shall have the right to take over and complete the making of the Programme and for that purpose to use all physical properties, facilities, supplies, equipment, documents and materials relating to the Programme and in such event:- 16.2.1 ▇▇ ▇▇▇▇ or its nominee shall have the right to assume supervision and control of the making of the Programme and/or to appoint and contract with any third party to complete the production of the Programme; 16.2.2 ▇▇ ▇▇▇▇ or any person it nominates shall be and is irrevocably appointed the agent of the Producer with absolute discretion and with power and on behalf of the Producer to exercise or assign any right of the Producer (whether under any contract or otherwise) which is relevant to the making of the Programme; 16.2.3 upon request the Producer shall execute a formal assignation in favour of ▇▇ ▇▇▇▇ or its nominee in respect of the benefit of any agreements made by the Producer and relevant to the making of the Programme; and 16.2.4 the Producer agrees to indemnify ▇▇ ▇▇▇▇ and the BBC against liability arising from any fraudulent or negligent act or omission by the Producer in the exercise of Producer's rights, provided that if ▇▇ ▇▇▇▇ in its sole discretion determines that it is not economically feasible to effect completion of the Programme it may by notice in writing to the Producer declare abandonment of the production of the Programme.