0 The Orchard - Microsoft...production company credits (but following the presentation credits of...

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CREDIT STATEMENT THE ORCHARD Include (at the sole non-recoupable cost of Distributor) Distributor’s (or any of its affiliates’ or the members thereof, sub-distributors’, sponsors’ or licensees’) names, logos, trademarks and/or emblems, in first position at the front of the Picture (including a presentation credit), on all prints and copies of the Picture and on all advertising and publicity materials for the Picture, together with all appropriate words, as determined by Distributor in its sole discretion, indicating that the Picture is being distributed by Distributor.

Transcript of 0 The Orchard - Microsoft...production company credits (but following the presentation credits of...

Page 1: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT THEORCHARD

Include (at the sole non-recoupable cost of Distributor) Distributor’s (or any of its affiliates’ or the members thereof, sub-distributors’, sponsors’ or licensees’) names, logos, trademarks and/or emblems, in first position at the front of the Picture (including a presentation credit), on all prints and copies of the Picture and on all advertising and publicity materials for the Picture, together with all appropriate words, as determined by Distributor in its sole discretion, indicating that the Picture is being distributed by Distributor.

Page 2: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT CODERED

Provided that neither Lender nor Producer is in material uncured default of Lender’s and/or Producer’s obligations hereunder, Lender and Producer shall be entitled to receive the following credits:

Paid Ads. Subject to Production Company's and each distributor’s customary exceptions and exclusions, Lender and Producer shall receive Lender’s and Producer’s on-screen individual “produced by” credit and production company credit as further set forth in paragraphs 8.1 and 8.2 above, in the billing block of all Paid Ads and on ancillary products on the full billing block thereof, in the same position as in the Picture. All other aspects of such credits shall be within the sole control and discretion of Production Company. �

Paid Ads Definition. “Paid Ads”, as the term is used above, shall include, but are not limited to, where the billing block appears, if any, in one-sheets, billboards, websites, videocassettes and DVD packaging, soundtrack packaging, and half-page or larger print advertisements in Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter and magazines, premiere invitations and special award advertisements (other than in award, congratulatory or nomination ads naming only the honoree(s)). Notwithstanding the foregoing, Paid Ads credits shall be subject to each distributor’s customary exceptions and exclusions.

No casual or inadvertent failure of Production Company, or failure of any person, firm, or corporation other than Production Company, to comply with the credit provisions of this paragraph shall constitute a breach of this Agreement by Production Company, Lender and Producer, hereby recognizes and confirms that in the event of a failure to comply with the provisions of this paragraph, the damages, if any, caused to Lender and/or Producer by Production Company are not irreparable or sufficient to entitle Producer to injunctive or other equitable relief.

Page 3: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT CHUBBCO

Subject to the Author not having requested removal of such credit under Paragraph 3.2, Author and Rights Holder will receive source material credit substantially in the form "Based on the Novel by Herman Koch" if the title of the First Picture is "The Dinner" or "Based on the Novel 'The Dinner' by Herman Koch", if the title is otherwise, in the main titles of the First Picture (or in the end titles, if all individual talent credits are in the end titles), on a single card, adjacent to that of the screenwriter, and in the billing block portion of paid ads containing the full billing block, issued by or under the control of Producer, subject to customary exclusions and exceptions of Producer ("Excepted Ad"); provided, however, if the screenwriter is accorded individual credit in an Excepted Ad, other than award, congratulatory, or nomination advertising in which the honoree is the only person mentioned, then Author's credit (if any) shall be included in the billing block portion of the Excepted Ad. Author shall also receive the foregoing credit on any subsequent productions based on the Work. Producer shall notify its distributor licensees of the credit obligations under this Paragraph 16. No casual or inadvertent failure to comply with the foregoing provisions or any failure by third parties to comply shall constitute a breach by Producer of this Agreement; provided, however, Producer shall use its best efforts to correct such credit on a prospective basis upon Producer's receipt of written notice of such failure. Producer shall invite Author to attend the filming of the First Picture during principal photography on a mutually agreed day. Producer shall invite Author plus his guest to attend the US celebrity premiere, if any, of the First Picture (and an invitation for Rights Holder's representative plus a guest) and Producer shall use its reasonable efforts to cause the US distributor to provide air transport and accommodation to Author and his guest to attend such premiere.

Page 4: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT BLACKBIRD

Production Company Credit. Inglee shall be entitled to receive a production company credit, on- screen, on a single card, in second (2nd) position of all production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in the end titles if all other non-distributor production company credits appear in the end titles of the Picture), substantially as follows, “Chubbco/Blackbird production” (the precise wording to be confirmed with Inglee). The size of type (i.e., height, thickness, prominence, and width) and duration of Inglee’s production company credit shall be no less favorable than the size of type and duration accorded to any other non-distributor production company credit. All other aspects of such credit shall be within the sole control and discretion of Production Company. �

Paid Ads. Subject to each distributor’s customary exceptions and exclusions, Inglee shall receive Inglee’s on-screen individual producer credit and production company credit in the billing block of all Paid Ads wherever and whenever any other producer credit and/or non-distributor production company credit appears respectively and on ancillary products on which a billing block appears and in any event whenever any other producer credit and/or non-distributor production company credit appears, respectively. All other aspects of such credits shall be within the sole control and discretion of Production Company. �

Paid Ads Definition. “Paid Ads”, as the term is used above, shall include, but is not limited to, where the billing block appears, if any, in one-sheets, billboards, trailers, TV or audio- visual ads, websites, videocassettes and DVD packaging, soundtrack packaging, and half- page or larger print advertisements in Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter and magazines, premiere invitations and special award advertisements (other than in award, congratulatory or nomination ads naming only the honoree(s)). Notwithstanding the foregoing, Paid Ads credits shall be subject to each distributor’s customary exceptions and exclusions.

No casual or inadvertent failure of Production Company, or failure of any person, firm, or corporation other than Production Company, to comply with the credit provisions of this paragraph shall constitute a breach of this Agreement by Production Company and Inglee, hereby recognizes and confirms that in the event of a failure to comply with the provisions of this paragraph, the damages, if any, caused Inglee by Production Company are not irreparable or sufficient to entitle Inglee to injunctive or other equitable relief.

Page 5: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT PROTAGONIST

Animated logo and presentation credit at the front of the Film in the Territory excluding the United States of America, where Protagonist shall be entitled to an animated logo and ‘in association with’ credit at the front of the Film. End credit of ‘International Sales by Protagonist Pictures’, with a logo. Two executive producer credits in the end roller. End roller credit block for seven personnel. Logo in the billing block.

Page 6: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT RICHARDGERE

CREDIT. Provided that Talent appears in the Picture and further provided that Lender and/or Talent are not in breach of Lender and/or Talent’s material obligations hereunder, Talent shall be entitled to receive credit as follows:

Subject to Production Company’s and each distributor’s customary exceptions and exclusions, in the billing block of all Paid Ads whenever the full billing block appears, including in connection with ancillary products, in the same manner as in the Picture in a size no less than twenty five percent (25%) of the size of type used to display the regular title of the Picture in such Paid Ads. All other aspects of such credits shall be within the sole control and discretion of Production Company.

Paid Ads Definition. “Paid Ads”, as the term is used above, shall include, but are not limited to, where the billing block appears, if any, in one-sheets, billboards, websites, videocassettes and DVD packaging, soundtrack packaging, and half-page or larger print advertisements in the Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter and magazines, premiere invitations and special award advertisements (other than in award, congratulatory or nomination ads naming only the honoree(s)). Notwithstanding the foregoing, Paid Ad credits shall be subject to each distributor’s customary exceptions and exclusions within industry custom.

Excluded Ads. Notwithstanding the applicable distributor’s customary exclusions and exceptions, Talent’s individual paid advertising credit as set forth above shall appear in any so- called “excluded ads” excepting only congratulatory and award ads (including nomination awards therefor) in which only the person so congratulated receives credit.

Artwork / Above Title. Talent shall be entitled to receive the above credit in a position above or before the title in the billing block of Paid Ads (and “excluded ads” including ancillary item packaging) and in the artwork portion of Paid Ads (and “excluded ads,” including ancillary item packaging) for the Picture, the size and prominence of which shall be no less favorable than any other individual engaged on connection with the Picture, in the same form and position as on-screen.

Size Tie. Talent’s credit on screen and in the billing block of all paid ads and/or excluded ads shall appear in a size (meaning height, width, thickness and duration) no less than the credit accorded to any other cast member, taking into consideration the possibility of the use of stylized title treatment in connection with the Picture (e.g.,

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CREDITSTATEMENT RICHARDGERE

varying fonts and designs of credits). �

Likeness Tie. If the likeness of any other cast member appearing in the Picture appears in any Paid Ads (including, without limitation, packaging of ancillary products) or excluded ads including, without limitation, the one-sheet or key art of any Paid Ads for the Picture, Talent’s likeness shall appear therein no less prominently and in a size no smaller than the likeness of any such other cast member (with body part parity), excepting only congratulatory and award ads (including nomination awards therefor) in which only the person so congratulated receives credit. �

Audio Tie. If any other cast member is included in audio ads, Talent shall be likewise

included in first (1st) position, excepting only congratulatory and award ads (including nomination awards therefor) in which only the person so congratulated receives credit. �

Production Company’s or any third party’s casual or inadvertent failure to accord any credits pursuant to any provision of this Agreement shall not be deemed a breach of this Agreement. Lender and Talent hereby recognize and confirm that in the event of a failure to comply with such provisions, the damages, if any, caused Lender and/or Talent is not irreparable or sufficient to entitle Lender or Talent to injunctive or other equitable relief. Upon receipt of written notice from Lender and/or Talent specifying a material failure to accord credit properly in accordance with this Agreement, Production Company shall use good faith efforts to cure prospectively such material failure to accord Talent applicable credit hereunder with regard to the positive released prints and/or advertising materials created after the date of Production Company’s receipt of such notice. Production Company shall contractually bind the domestic distributor of the Picture, and shall use reasonable good faith efforts to contractually bind all other distributors, to comply with the credit requirements set forth herein including, but not limited to, providing notice of credit requirements herein to such other distributors; provided that no breach of the credit provisions herein by any third parties shall be deemed a breach by Production Company hereof. �

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CREDITSTATEMENT LAURALINNEY

CREDIT. Provided that Talent appears recognizably in the Picture and further provided that neither Lender nor Talent are in material breach or material default of Lender and/or Talent’s obligations hereunder, Talent shall be entitled to receive credit as follows:

Paid Ads. Subject to Production Company’s and each distributor’s customary exceptions and exclusions, in the billing block of all Paid Ads whenever the full billing block appears, including in connection with ancillary products, in the same manner as in the Picture. All other aspects of such credits shall be within the sole control and discretion of Production Company.

Paid Ads Definition. “Paid Ads”, as the term is used above, shall include, but are not limited to, where the billing block appears, if any, in one-sheets, billboards, websites, videocassettes and DVD packaging, soundtrack packaging, and half-page or larger print advertisements in the Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter and magazines, premiere invitations and special award advertisements (other than in award, congratulatory or nomination ads naming only the honoree(s)). Notwithstanding the foregoing, Paid Ad credits shall be subject to each distributor’s customary exceptions and exclusions.

Excluded Ads. Notwithstanding the applicable distributor’s customary exclusions and exceptions, Talent’s individual paid advertising credit as set forth above shall appear in any so-called “excluded ads”, excepting only congratulatory and award ads (including nomination awards therefor) in which only the person so congratulated receives credit.

Artwork / Above Title Tie. In the event any other cast member is accorded credit above the title or in the artwork title or above the artwork title of the Picture on screen or in Paid Ads or ancillary materials, Talent shall likewise be accorded above-title / artwork or above artwork title credit, as applicable, in the same form and position as on-screen.

Size Tie. Talent’s credit on screen and in the billing block of all paid ads and/or excluded ads shall appear in a size (meaning height, width, thickness and duration) no less than the size of credit accorded to any other cast member, taking into consideration the possibility of the use of stylized title treatment in connection with the Picture (e.g., varying fonts and designs of credits). �

Likeness Tie. If the likeness of any other cast member appearing in the Picture appears in any Paid Ads (including, without limitation, packaging of ancillary products) or

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CREDITSTATEMENT LAURALINNEY

excluded ads including, without limitation, the one-sheet or key art of any Paid Ads for the Picture, Talent’s likeness shall appear therein no less prominently and in a size no smaller than the likeness of any such other cast member (with body part parity), excepting only congratulatory and award ads (including nomination awards therefor) in which only the person so congratulated receives likeness credit. �

Except as provided herein, all other aspects of Talent’s credits shall be determined in Production Company’s sole discretion. �

Production Company’s or any third party’s casual or inadvertent failure to accord any credits pursuant to any provision of this Agreement shall not be deemed a breach of this Agreement. Lender and Talent hereby recognize and confirm that in the event of a failure to comply with such provisions, the damages, if any, caused Lender and/or Talent is not irreparable or sufficient to entitle Lender or Talent to injunctive or other equitable relief. Upon receipt of written notice from Lender and/or Talent specifying a material failure to accord credit properly in accordance with this Agreement, Production Company shall use good faith efforts to cure prospectively such material failure to accord Talent applicable credit hereunder with regard to the positive released prints and/or advertising materials created after the date of Production Company’s receipt of such notice. Production Company shall contractually bind the domestic distributor of the Picture, and shall use reasonable good faith efforts to contractually bind all other distributors, to comply with the credit requirements set forth herein including, but not limited to, providing notice of credit requirements herein to such other distributors; provided that no breach of the credit provisions herein by any third parties shall be deemed a breach by Production Company hereof. �

Page 10: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT STEVECOOGAN

CREDIT. Provided that Talent appears recognizably in the Picture and further provided that neither Lender nor Talent are in uncured material breach or default of Lender and/or Talent’s obligations hereunder, Talent shall be entitled to receive credit as follows:

Paid Ads. Subject to Production Company’s and each distributor’s customary exceptions and exclusions, in the billing block of all Paid Ads whenever the full billing block appears, including in connection with ancillary products, in the same manner as in the Picture. All other aspects of such credits shall be within the sole control and discretion of Production Company. �

Paid Ads Definition. “Paid Ads”, as the term is used above, shall include, but are not limited to, where the billing block appears, if any, in one-sheets, billboards, websites, videocassettes and DVD packaging, soundtrack packaging, and half-page or larger print advertisements in the Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter and magazines, premiere invitations and special award advertisements (other than in award, congratulatory or nomination ads naming only the honoree(s)). Notwithstanding the foregoing, Paid Ad credits shall be subject to each distributor’s customary exceptions and exclusions.

Excluded Ads. Notwithstanding the applicable distributor’s customary exclusions and exceptions, Talent’s individual paid advertising credit as set forth above shall appear in any so-called “excluded ads”, excepting only congratulatory and award ads (including nomination awards therefor) in which only the person so congratulated receives credit. �

Artwork / Above Title Tie. In the event any other cast member is accorded credit above the title or in the artwork title of the Picture, on screen or in Paid Ads or ancillary materials, Talent shall likewise be accorded above-title / artwork credit, as applicable, in the same form and position as on-screen. �

Size Tie. Talent’s credit on screen, in the artwork title and in the billing block of all Paid Ads and/or excluded ads shall appear in a size (meaning height, width, thickness and duration) no less than the size of credit accorded to any other cast member, taking into consideration the possibility of the use of stylized title treatment in connection with the Picture (e.g., varying fonts and designs of credits). �

Likeness Tie. If the likeness of any other cast member appearing in the Picture appears in any Paid Ads (including, without limitation, packaging of ancillary products) or

Page 11: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT STEVECOOGAN

excluded ads including, without limitation, the one-sheet or key art of any Paid Ads for the Picture, Talent’s likeness shall appear therein no less prominently and in a size no smaller than the likeness of any such other cast member (with body part parity), excepting only congratulatory and award ads (including nomination awards therefor) in which only the person so congratulated receives likeness credit.

Except as provided herein, all other aspects of Talent’s credits shall be determined in Production Company’s sole discretion. �

Production Company’s or any third party’s casual or inadvertent failure to accord any credits pursuant to any provision of this Agreement shall not be deemed a breach of this Agreement. Lender and Talent hereby recognize and confirm that in the event of a failure to comply with such provisions, the damages, if any, caused Lender and/or Talent is not irreparable or sufficient to entitle Lender or Talent to injunctive or other equitable relief. Upon receipt of written notice from Lender and/or Talent specifying a material failure to accord credit properly in accordance with this Agreement, Production Company shall use good faith efforts to cure prospectively such material failure to accord Talent applicable credit hereunder with regard to the positive released prints and/or advertising materials created after the date of Production Company’s receipt of such notice. Production Company shall contractually bind the domestic distributor of the Picture, and shall use best efforts to contractually bind all other distributors, to comply with the credit requirements set forth herein including, but not limited to, providing notice of credit requirements herein to such other distributors; provided that no breach of the credit provisions herein by any third parties shall be deemed a breach by Production Company hereof. �

Page 12: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT REBECCAHALL

CREDIT. Provided that Talent appears recognizably in the Picture and further provided that neither Lender nor Talent are in breach or default of Lender and/or Talent’s obligations hereunder, Talent shall be entitled to receive credit as follows:

Paid Ads. Subject to Production Company’s and each distributor’s customary exceptions and exclusions, in the billing block of all Paid Ads whenever the full billing block appears, including in connection with ancillary products, in the same manner as in the Picture. All other aspects of such credits shall be within the sole control and discretion of Production Company.

Paid Ads Definition. “Paid Ads”, as the term is used above, shall include, but are not limited to, where the billing block appears, if any, in one-sheets, billboards, websites, videocassettes and DVD packaging, soundtrack packaging, and half-page or larger print advertisements in the Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter and magazines, premiere invitations and special award advertisements (other than in award, congratulatory or nomination ads naming only the honoree(s)). Notwithstanding the foregoing, Paid Ad credits shall be subject to each distributor’s customary exceptions and exclusions.

Excluded Ads. Notwithstanding the applicable distributor’s customary exclusions and exceptions, Talent’s individual paid advertising credit as set forth above shall appear in any so-called “excluded ads”, excepting only congratulatory and award ads (including nomination awards therefor) in which only the person so congratulated receives credit. �

Artwork / Above Title Tie. In the event any other cast member is accorded credit above the title or in the artwork title or above the artwork title of the Picture on screen or in Paid Ads or ancillary materials, Talent shall likewise be accorded above-title / artwork or above artwork title credit, as applicable, in the same form and position as on-screen. �

Size Tie. Talent’s credit on screen and in the billing block of all paid ads and/or excluded ads shall appear in a size (meaning height, width, thickness and duration) no less than the size of credit accorded to any other cast member, taking into consideration the possibility of the use of stylized title treatment in connection with the Picture (e.g., varying fonts and designs of credits). �

Likeness Tie. If the likeness of any other cast member appearing in the Picture appears in any Paid Ads (including, without limitation, packaging of ancillary products) or

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CREDITSTATEMENT REBECCAHALL

excluded ads including, without limitation, the one-sheet or key art of any Paid Ads for the Picture, Talent’s likeness shall appear therein no less prominently and in a size no smaller than the likeness of any such other cast member (with body part parity), excepting only congratulatory and award ads (including nomination awards therefor) in which only the person so congratulated receives likeness credit. �

Audio Ad Tie. If any other cast member is accorded credit in any audio advertisement,

then Talent shall also receive credit in such audio advertisement in fourth (4th) position among all cast members, excepting congratulatory and award (including nomination) ads in which only the person so congratulated receives credit. �

Except as provided herein, all other aspects of Talent’s credits shall be determined in Production Company’s sole discretion. �

Production Company’s or any third party’s casual or inadvertent failure to accord any credits pursuant to any provision of this Agreement shall not be deemed a breach of this Agreement. Lender and Talent hereby recognize and confirm that in the event of a failure to comply with such provisions, the damages, if any, caused Lender and/or Talent is not irreparable or sufficient to entitle Lender or Talent to injunctive or other equitable relief. Upon receipt of written notice from Lender and/or Talent specifying a material failure to accord credit properly in accordance with this Agreement, Production Company shall use good faith efforts to cure prospectively such material failure to accord Talent applicable credit hereunder with regard to the positive released prints and/or advertising materials created after the date of Production Company’s receipt of such notice. Production Company shall contractually bind the domestic distributor of the Picture, and shall use reasonable good faith efforts to contractually bind all other distributors, to comply with the credit requirements set forth herein including, but not limited to, providing notice of credit requirements herein to such other distributors; provided that no breach of the credit provisions herein by any third parties shall be deemed a breach by Production Company hereof.

Page 14: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT ADEPEROODUYE

Provided Talent appears recognizably in the Picture as commercially released and is not in breach of Talent’s obligations hereunder, Talent shall be entitled to receive cast credit, on-screen, in the main titles (or in the end titles of the Picture if no individual

cast member credits appear in the main titles), on single card, in fifth (5th) position of all cast member credits, in a size (meaning height, width, thickness, boldness and duration) no less than the size of credit accorded to any other cast member of the Picture, taking into consideration the possibility of the use of stylized title treatment in connection with the Picture (e.g., varying fonts and designs of credits).

Paid Ads. Talent’s credit as set forth above shall appear in the billing block of all “Paid Ads”. “Paid Ads”, as the term is used above, shall include, but are not limited to, where the billing block appears, if any, in one-sheets, billboards, websites, videocassettes and DVD packaging, soundtrack packaging, and half- page or larger print advertisements in the Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter and magazines, premiere invitations and special award advertisements (other than in award, congratulatory or nomination ads naming only the honoree(s)). Notwithstanding the foregoing, Paid Ad credits shall be subject to each distributor’s customary exceptions and exclusions.

Excluded Ads. Not with standing the applicable distributor’s customary exclusions and exceptions, Talent’s credit as set forth above shall appear in any so-called “excluded ads”, whenever any cast member credit (with the exception of Gere, Laura Linney [“Linney”], Steve Coogan [“Coogan”] and Rebecca Hall [“Hall”]) appears in such “excluded ads”, excepting congratulatory and award ads (including nomination awards therefor) in which only the person so congratulated receives credit.

Size Tie. Talent’s credit in the billing block of all Paid Ads and/or excluded ads shall appear in a size (meaning height, width, thickness, boldness and duration) no less than the size of credit accorded to any other cast member of the Picture, taking into consideration the possibility of the use of stylized title treatment in connection with the Picture (e.g., varying fonts and designs of credits).

Artwork / Above Title Tie. In the event any other cast member of the Picture (other than Gere, Linney, Coogan and/or Hall) is accorded credit above-the-title on-screen or in Paid Ads or ancillary materials or in the artwork title of the Picture in Paid Ads or ancillary materials, Talent shall likewise be accorded above-the-title or artwork title

credit, as applicable, in the same position as Talent’s on-screen credit (i.e., in 5th

position of all cast member credits) and in a size (meaning height, width, thickness and

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CREDITSTATEMENT ADEPEROODUYE

duration) no less than the size of credit accorded to any other cast member of the Picture (with the exception of Gere, Linney, Coogan and/or Hall), taking into consideration the possibility of the use of stylized title treatment in connection with the Picture (e.g., varying fonts and designs of credits).

All other aspects of Talent’s credit(s) shall be determined in Production Company’s sole discretion.

Page 16: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT LAURAROSENTHAL

CREDIT. Provided that the Picture is produced and that Casting Director fully performs all other services and obligations hereunder through completion of the Term and is not in default, Casting Director shall be entitled to receive credit in the Picture, as follows: Paid Ads. Subject to the terms contained herein, Casting Director shall receive credit, subject to Production Company and distributors’ customary exceptions and exclusions in the billing block of paid advertisements under Production Company’s direct control in connection with the Picture. Paid ads shall include, but are not limited to, theater one-sheets, magazines, outdoor advertising, internet advertising, billboards, TV and theatrical trailers, soundtrack, laser discs, videocassettes, DVD and Blu-ray packaging, half-page or larger advertisements in the Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter, premier invitations, and special award advertisements where the billing block appears. Casting Assistant. Production Company shall accord Casting Director’s assistant credit in the end crawl of the Picture. All aspects of such credits shall be within the sole discretion of Production Company. All other aspects of such credit shall be in Production Company’s sole discretion. Production Company may engage other individuals to render casting director services and may accord such individuals credits in its sole discretion. No casual or inadvertent failure to comply with the credit provisions contained herein shall be deemed to be a breach of this Agreement by Production Company. Casting Director hereby agrees that in the event of a failure to comply with such credit provisions, the damages, if any, caused Casting Director by Production Company are not irreparable, and shall not entitle Casting Director to injunctive or other equitable relief. Upon receipt of written notification of such a default hereunder from Casting Director, Production Company shall use reasonable efforts to prospectively cure such default.

Page 17: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT RACHELFOX

Credit. If the Picture is produced, and provided that Music Supervisor (or call us “Fox”) perform all services and obligations hereunder through completion of the Term, Rachel Fox shall be entitled to the following credits: b. Paid Ads. Said credit shall be accorded in the billing block of paid ads with respect to the Picture and paid ads issued by or under the control or authority of Production Company whenever the department heads of the Picture are accorded credit. Paid ads shall include, but are not limited to, theater one-sheets, billboards, outdoor advertisements, laser-discs and videocassettes and DVD packaging, and half-page ads or larger advertisements in Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter, premier invitations and special award advertisements where the billing block appears (“Paid Ads”). All Paid Ads shall be subject to the distributor of the Picture’s customary exclusions and exceptions. c. All other aspects of said credit, including, without limitation, position, size, type, font and duration, shall be determined solely by Production Company. No casual or inadvertent failure to comply with the foregoing credit provisions, nor any failure by any third party to accord such credit, will constitute a breach of this Agreement by Production Company. Music Supervisor hereby agrees that in no event shall the Music Supervisor be entitled to injunctive or other equitable relief for breach or non-compliance with any of the credit requirements hereof, and Music Supervisor’s sole remedy shall be to seek monetary damages, if any, in an action at law.

Page 18: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT HALWILLNER

Credit. If the Picture is produced, and provided that Music Producer (or “Willner”) perform all services and obligations hereunder through completion of the Term, Hal Willner shall be entitled to the following credits: b. Paid Ads. Said credit shall be accorded in the billing block of paid ads with respect to the Picture and paid ads issued by or under the control or authority of Production Company whenever the department heads of the Picture are accorded credit. Paid ads shall include, but are not limited to, theater one-sheets, billboards, outdoor advertisements, laser-discs and videocassettes and DVD packaging, and half-page ads or larger advertisements in Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter, premier invitations and special award advertisements where the billing block appears (“Paid Ads”). All Paid Ads shall be subject to the distributor of the Picture’s customary exclusions and exceptions. c. All other aspects of said credit, including, without limitation, position, size, type, font and duration, shall be determined solely by Production Company. No casual or inadvertent failure to comply with the foregoing credit provisions, nor any failure by any third party to accord such credit, will constitute a breach of this Agreement by Production Company. Music Producer hereby agrees that in no event shall the Music Producer be entitled to injunctive or other equitable relief for breach or non-compliance with any of the credit requirements hereof, and Music Producer’s sole remedy shall be to seek monetary damages, if any, in an action at law.

Page 19: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT CATHERINEGEORGE

Provided the Picture is produced and further provided that Costume Designer fully performs all services and obligations hereunder through completion of the Term and Costume Designer is not in breach or default of Costume Designer’s obligations hereunder, Costume Designer shall be entitled to the following credit:

Paid Ads. Subject to Production Company's and each distributor’s customary exceptions and exclusions, in the billing block of all “Paid Ads” whenever the production designer and editor of the Picture appear, including in connection with ancillary products, in the same manner as in the Picture. All other aspects of such credits shall be within the sole control and discretion of Production Company. �

Paid Ads Definition. “Paid Ads”, as the term is used above, shall include, but are not limited to, where the billing block appears, if any, in one-sheets, billboards, websites, videocassettes and DVD packaging, soundtrack packaging, and half-page or larger print advertisements in the Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter and magazines, premiere invitations and special award advertisements (other than in award, congratulatory or nomination ads naming only the honoree(s)). Notwithstanding the foregoing, Paid Ad credits shall be subject to each distributor’s customary exceptions and exclusions.

No casual or inadvertent failure to comply with the credit provisions contained herein shall be deemed to be a breach of this Agreement by Production Company and Costume Designer hereby recognizes and confirms that in the event of a failure to comply with such provisions, the damages, if any, caused Costume Designer is not irreparable or sufficient to entitle Costume Designer to injunctive or other equitable relief. Upon receipt of written notification of such a default hereunder, Production Company shall use reasonable efforts to prospectively cure such default. Nothing contained herein shall limit Production Company’s right to accord any credits (including of an identical or similar nature to the credits herein) to third parties.

Page 20: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT ALEXHALL

CREDIT. If the Picture is produced and if Lender and Editor fully perform all services and obligations hereunder through completion of the Term, and further provided that the Picture is substantially edited by Editor, Editor shall be entitled to an on-screen credit substantially in the form of, “Edited by Alex Hall” on a single card, in the main titles of the Picture (or in the end titles of the Picture if all other department heads of the Picture appear in the end titles of the Picture).

Paid Ads. Subject to the terms contained herein, Editor shall receive the above credit in the billing block of “Paid Ads” whenever any other head of department is accorded credit in Paid Ads with respect to the Picture, and issued by or under the direct control of Production Company. Paid ads shall include theater one-sheets, billboards, videocassettes, Blu-ray and DVD packaging, and full-page advertisements in the Los Angeles Times, New York Times, Variety, and/or Hollywood Reporter, special award advertisements where the billing block appears. It is agreed that such Paid Ads credit shall be subject to the distributor(s) of the Picture customary exclusions and exceptions.

All other aspects of such credit shall be within the sole control and discretion of Production Company. �

It is understood and agreed that Production Company may in its sole discretion elect to engage additional editor(s) in connection with the Picture and accord them credit as determined by Production Company in its sole discretion. �

No casual or inadvertent failure of Production Company, or failure of any person, firm, or corporation other than Production Company, to comply with the credit provisions of this paragraph shall constitute a breach of this Agreement by Production Company, and Lender and Editor hereby recognize and confirm that in the event of a failure to comply with the provisions of this paragraph, the damages, if any, caused Lender and/or Editor by Production Company are not irreparable or sufficient to entitle Lender and/or Editor to injunctive or other equitable relief. Production Company shall use its reasonable efforts to subsequently cure the failure to comply with the provisions of this paragraph. �

Page 21: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT KELLYMCGEHEE

CREDIT. Provided the Picture is produced and further provided that Production Designer fully performs all material services and obligations hereunder through completion of the Term and further provided that Production Designer is not in material breach or default of Production Designer’s obligations hereunder, Production Designer shall be entitled to the following credit:

Paid Ads. Subject to Production Company's and each distributor’s customary exceptions and exclusions, in the billing block of all Paid Ads whenever the director of photography and editor of the Picture appear, including in connection with ancillary products, in the same manner as in the Picture. �

Paid Ads Definition. “Paid Ads”, as the term is used above, shall include, but are not limited to, where the billing block appears, if any, in one-sheets, billboards, websites, videocassettes and DVD packaging, soundtrack packaging, and half-page or larger print advertisements in the Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter and magazines, premiere invitations and special award advertisements (other than in award, congratulatory or nomination ads naming only the honoree(s)). Notwithstanding the foregoing, Paid Ad credits shall be subject to each distributor’s customary exceptions and exclusions.

All other aspects of Production Designer’s credit shall be in Production Company’s sole discretion. �

No casual or inadvertent failure to comply with the credit provisions contained herein shall be deemed to be a breach of this Agreement by Production Company and Production Designer hereby recognizes and confirms that in the event of a failure to comply with such provisions, the damages, if any, caused Production Designer is not irreparable or sufficient to entitle Production Designer to injunctive or other equitable relief. Upon receipt of written notification of such a default hereunder, Production Company shall use reasonable efforts to prospectively cure such default. Nothing contained herein shall limit Production Company’s right to accord any credits (including of an identical or similar nature to the credits herein) to third parties. �

Page 22: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT BOBBYBUKOWSKI

CREDIT. Provided the Picture is produced and further provided that Director of Photography fully performs all material services and obligations hereunder through completion of the Term and that Director of Photography is not in uncured material breach or default of Director of Photography’s obligations hereunder, Director of Photography shall be entitled to the following credit:

Paid Ads. Subject to Production Company's and each distributor’s customary exceptions and exclusions, in the billing block of all Paid Ads whenever all any other heads of department of the Picture appear, including in connection with ancillary products, in the same manner as in the Picture. All other aspects of such credits shall be within the sole control and discretion of Production Company. �

Paid Ads Definition. “Paid Ads”, as the term is used above, shall include, but are not limited to, where the billing block appears, if any, in one-sheets, billboards, websites, videocassettes and DVD packaging, soundtrack packaging, and half-page or larger print advertisements in the Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter and magazines, premiere invitations and special award advertisements (other than in award, congratulatory or nomination ads naming only the honoree(s)). Notwithstanding the foregoing, Paid Ad credits shall be subject to each distributor’s customary exceptions and exclusions.

Excluded Ads. Notwithstanding the applicable distributor’s customary exclusions and exceptions, Director of Photography’s individual paid advertising credit as set forth herein shall appear in any so-called “excluded ads” whenever any other head of department credit appears in such “excluded ads,” excepting only congratulatory and award ads (including nomination awards therefor) in which only the person so congratulated receives credit. All other aspects of Director of Photography’s credit shall be in Production Company’s sole discretion. �

No casual or inadvertent failure to comply with the credit provisions contained herein shall be deemed to be a breach of this Agreement by Production Company and Director of Photography hereby recognizes and confirms that in the event of a failure to comply with such provisions, the damages, if any, caused Director of Photography are not irreparable or sufficient to entitle Director of Photography to injunctive or other equitable relief. Upon receipt of written notification of such a default hereunder, Production Company shall use reasonable efforts to prospectively cure such default. Nothing contained herein shall limit Production Company’s right to accord any credits (including of an identical or similar nature to the credits herein) to third parties. Production Company shall contractually obligate the domestic distributor of the

Page 23: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT BOBBYBUKOWSKI

Picture to conform to the credit provisions herein and shall use good faith efforts to contractually obligate all other distributors in connection therewith. �

Page 24: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT EVAMARIADANIELS

(a) In the event that OSP and/or EDP provide 100% of the equity finance for the production of the Film pursuant to Paragraph 4 (a) above (in addition to the Development Financing), they shall receive the following credits:

(i) OSP and/or EDP (as applicable) have the right to designate two (2) producer credits (2nd position and301position of all producer credits) on a shared or separate card (which shall be designated to 'Olga Segura" or "Eva Maria Daniels' as OSP/EDP directs) on screen in the main titles and in paid ads wherever the billing block appears, except for award or congratulatory credits and subject to distributors exceptions and restrictions, tied as to size of type to all other "producer' credits.;

(ii) OSP and/or EDP has the right to designate: up to three (3) executive producer credits for its financiers on a shared card (designated individuals being accorded credit subject to Producer's approval) on screen in the main titles and in paid ads wherever the billing block appears, except for award or congratulatory credits and subject to distributors' exceptions and restrictions, tied as to size of type to all other 'executive producer" credits; and

(iii) one presentation credit on a separate card in first position which may be a combined credit e.g. an 'Olga Segura/Eva Daniels Presentation' (or, at Producer's election if any distributors object to such presentation credit, a production credit in second position) on screen in the main titles and in paid ads, wherever any other presentation company credit (or production company credit), as applicable, appears, except for award or congratulatory credits and subject to distributors' exceptions and restrictions; tied as to size of type to all other "presentation" or 'production" credits, as applicable,

b) The credits to be accorded to OSP and/or EDP shall be negotiated in good faith in the event that OSP and/or EDP (taken together) provide 25c1/0 or more but less than 100% of the equity finance forthe production of the Film (in addition to the Development Financing); with the good faith intention of according OSP and/or EDP the credits referred to in subparagraph (a) if they are responsible for 50% or more (but less than 100%) of the equity financing of the production of the Film, subject to negotiation in good faith also with the other equity financiers requiring producer, executive and other credits.

(c) In the event that OSP/EDP provides only the Development Financing for the Film: OSP/EDP hasthe right to designate two (2) executive producer credits (which shall be designated to "Olga Segura" and "Eva Maria Daniels"). All such credits shall be in the main titles and in paid ads, except for award or congratulatory credits and subject to distributors' exceptions and restrictions, tied as to size of type to all other executive producer credits.

(d) All other aspects of credits under this Agreement shall be in Producers sole discretion, and Producer shall have no liability for inadvertent breach or third party breach. In the event of breach Producershall use its reasonable efforts to cure

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CREDITSTATEMENT EVAMARIADANIELS

prospectively. Producer shall contractually commit its third party assignees and licensees to comply with respect to all credit obligations hereunder.

Page 26: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT OLGASEGURA

(a) In the event that OSP and/or EDP provide 100% of the equity finance for the production of the Film pursuant to Paragraph 4 (a) above (in addition to the Development Financing), they shall receive the following credits:

(i) OSP and/or EDP (as applicable) have the right to designate two (2) producer credits (2nd position and301position of all producer credits) on a shared or separate card (which shall be designated to 'Olga Segura" or "Eva Maria Daniels' as OSP/EDP directs) on screen in the main titles and in paid ads wherever the billing block appears, except for award or congratulatory credits and subject to distributors exceptions and restrictions, tied as to size of type to all other "producer' credits.;

(ii) OSP and/or EDP has the right to designate: up to three (3) executive producer credits for its financiers on a shared card (designated individuals being accorded credit subject to Producer's approval) on screen in the main titles and in paid ads wherever the billing block appears, except for award or congratulatory credits and subject to distributors' exceptions and restrictions, tied as to size of type to all other 'executive producer" credits; and

(iii) one presentation credit on a separate card in first position which may be a combined credit e.g. an 'Olga Segura/Eva Daniels Presentation' (or, at Producer's election if any distributors object to such presentation credit, a production credit in second position) on screen in the main titles and in paid ads, wherever any other presentation company credit (or production company credit), as applicable, appears, except for award or congratulatory credits and subject to distributors' exceptions and restrictions; tied as to size of type to all other "presentation" or 'production" credits, as applicable,

b) The credits to be accorded to OSP and/or EDP shall be negotiated in good faith in the event that OSP and/or EDP (taken together) provide 25c1/0 or more but less than 100% of the equity finance forthe production of the Film (in addition to the Development Financing); with the good faith intention of according OSP and/or EDP the credits referred to in subparagraph (a) if they are responsible for 50% or more (but less than 100%) of the equity financing of the production of the Film, subject to negotiation in good faith also with the other equity financiers requiring producer, executive and other credits.

(c) In the event that OSP/EDP provides only the Development Financing for the Film: OSP/EDP hasthe right to designate two (2) executive producer credits (which shall be designated to "Olga Segura" and "Eva Maria Daniels"). All such credits shall be in the main titles and in paid ads, except for award or congratulatory credits and subject to distributors' exceptions and restrictions, tied as to size of type to all other executive producer credits.

(d) All other aspects of credits under this Agreement shall be in Producers sole discretion, and Producer shall have no liability for inadvertent breach or third party breach. In the event of breach Producershall use its reasonable efforts to cure

Page 27: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT OLGASEGURA

prospectively. Producer shall contractually commit its third party assignees and licensees to comply with respect to all credit obligations hereunder.

Page 28: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT LAWRENCEINGLEE

CREDIT. Provided that Inglee is not in uncured material breach or default of this Agreement, Inglee shall be entitled to receive credit as follows:

Paid Ads. Subject to each distributor’s customary exceptions and exclusions, Inglee shall receive Inglee’s on-screen individual producer credit and production company credit in the billing block of all Paid Ads wherever and whenever any other producer credit and/or non-distributor production company credit appears respectively and on ancillary products on which a billing block appears and in any event whenever any other producer credit and/or non-distributor production company credit appears, respectively. All other aspects of such credits shall be within the sole control and discretion of Production Company. �

Paid Ads Definition. “Paid Ads”, as the term is used above, shall include, but is not limited to, where the billing block appears, if any, in one-sheets, billboards, trailers, TV or audio- visual ads, websites, videocassettes and DVD packaging, soundtrack packaging, and half- page or larger print advertisements in Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter and magazines, premiere invitations and special award advertisements (other than in award, congratulatory or nomination ads naming only the honoree(s)). Notwithstanding the foregoing, Paid Ads credits shall be subject to each distributor’s customary exceptions and exclusions.

No casual or inadvertent failure of Production Company, or failure of any person, firm, or corporation other than Production Company, to comply with the credit provisions of this paragraph shall constitute a breach of this Agreement by Production Company and Inglee, hereby recognizes and confirms that in the event of a failure to comply with the provisions of this paragraph, the damages, if any, caused Inglee by Production Company are not irreparable or sufficient to entitle Inglee to injunctive or other equitable relief.

Page 29: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT COTTYCHUBB

CREDIT. Provided that Lender and Chubb are not in uncured material breach or material default of Lender’s and Chubb’s obligations hereunder, Lender and Chubb shall be entitled to receive the following credits: Above the Title Tie. In the event any other non-distributor production company is accorded credit above the title of the Picture on-screen or in Paid Ads or in ancillary materials, Lender shall also be accorded above the title credit, in the same form and position as provided in paragraph 8.2 above. Paid Ads. Subject to each distributor’s customary exceptions and exclusions, Lender and Chubb shall receive Lender and Chubb’s on-screen individual producer credit and production company credit in the billing block of all Paid Ads and in any even in all Paid Ads wherever and whenever any other producer credit and/or non-distributor production company credit appears, respectively and on ancillary products on which a billing block appears and in any even whenever any other producer credit and/ore non-distributor production company credit appears, respectively, and in all cases in the same form and position as in the Picture and subject to the same size of type and duration tie and above the title tie. All other aspects of such credits shall be within the sole control and discretion of Production Company. Paid Ads Definition. “Paid Ads”. As the term is used above, shall include, but is not limited to, where the billing block appears, if any, in one-sheets, billboards, trailers, TV or audio-visual ads, websites, videocassettes and DVD packaging, soundtrack packaging, and half-page or larger print advertisements in Variety, New York Times, Los Angleles Times, and/or Hollywood Reporter and magazines, premiere invitations and special award advertisements ( other than in award, congratulatory or nomination ads naming only the honoree(s)). Notwithstanding the foregoing, Paid Ads credits shall be subject to each distributor’s customary exceptions and exclusions. No casual or inadvertent failure of Production Company, or failure of any person, firm, or corporation other than Production Company, to comply with the credit provisions of this paragraph shall constitute a breach of this Agreement by Production Company provided however Lender shall correct or use its good faith efforts to cause third parties to correct any breach of the credit provisions upon written notice. Production Company shall contractually require its licenses of the Picture to assume the credit obligations hereunder. Lender and Chubb, hereby recognize and confirm that in the vent of a failure to comply with the provisions of this paragraph, the damages, if any, caused Lender and Chubb by Production Company are not irreparable or sufficient to entitle Lender and Chubb to injunctive or other equitable relief.

Page 30: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT EDDIEVAISMAN

Provided that Vaisman is not in material uncured default of Vaisman’s obligations hereunder, Vaisman shall be entitled to receive the following credits:

Paid Ads. Subject to Production Company's and each distributor’s customary exceptions and exclusions, Vaisman shall receive Vaisman’s on-screen credit in the billing block of all Paid Ads wherever and whenever any other producer credit appears and on ancillary products whenever any other producer credit appears on the full billing block thereof, in the same position as in the Picture. All other aspects of such credits shall be within the sole control and discretion of Production Company.

Paid Ads Definition. “Paid Ads”, as the term is used above, shall include, but are not limited to, where the billing block appears, if any, in one-sheets, billboards, websites, videocassettes and DVD packaging, soundtrack packaging, and half-page or larger print advertisements in Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter and magazines, premiere invitations and special award advertisements (other than in award, congratulatory or nomination ads naming only the honoree(s)). Notwithstanding the foregoing, Paid Ads credits shall be subject to each distributor’s customary exceptions and exclusions.

No casual or inadvertent failure of Production Company, or failure of any person, firm, or corporation other than Production Company, to comply with the credit provisions of this paragraph shall constitute a breach of this Agreement by Production Company and Vaisman, hereby recognizes and confirms that in the event of a failure to comply with the provisions of this paragraph, the damages, if any, caused Vaisman by Production Company are not irreparable or sufficient to entitle Vaisman to injunctive or other equitable relief.

Page 31: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT JULIALEBEDEV

Provided that neither Lender nor Producer is in material uncured default of Lender’s and/or Producer’s obligations hereunder, Lender and Producer shall be entitled to receive the following credits:

Production Company Credit. Lender shall be entitled to receive a production company credit on screen, on a shared card (to be shared with The Orchard), in

second (2nd) position of all production company credits, in the main titles of the Picture (or in the end titles if all other production company credits appear in the end titles of the Picture), substantially as follows, “Code Red Presents”. The size of type (i.e., height, thickness, prominence, and width) and duration of Lender’s production company credit shall be no less favorable than the size of type and duration accorded to any other non-distributor production company credit. �

Paid Ads. Subject to Production Company's and each distributor’s customary exceptions and exclusions, Lender and Producer shall receive Lender’s and Producer’s on-screen individual “produced by” credit and production company credit as further set forth in paragraphs 8.1 and 8.2 above, in the billing block of all Paid Ads and on ancillary products on the full billing block thereof, in the same position as in the Picture. All other aspects of such credits shall be within the sole control and discretion of Production Company. �

Paid Ads Definition. “Paid Ads”, as the term is used above, shall include, but are not limited to, where the billing block appears, if any, in one-sheets, billboards, websites, videocassettes and DVD packaging, soundtrack packaging, and half-page or larger print advertisements in Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter and magazines, premiere invitations and special award advertisements (other than in award, congratulatory or nomination ads naming only the honoree(s)). Notwithstanding the foregoing, Paid Ads credits shall be subject to each distributor’s customary exceptions and exclusions.

No casual or inadvertent failure of Production Company, or failure of any person, firm, or corporation other than Production Company, to comply with the credit provisions of this paragraph shall constitute a breach of this Agreement by Production Company, Lender and Producer, hereby recognizes and confirms that in the event of a failure to comply with the provisions of this paragraph, the damages, if any, caused to Lender and/or Producer by Production Company are not irreparable or sufficient to entitle Producer to injunctive or other equitable relief.

Page 32: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT HERMANKOCH

Ambo/AnthosUitgeversB.V.

Page 33: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT ORENMOVERMAN

Writer shall be accorded an Executive Producer credit on-screen in the main titles of the Picture and in paid ads and promotional materials, except for award or congratulatory credits, and subject to distributors' customary exceptions and restrictions, tied as to size of type and prominence, general placement to any all other third parties entitled to receive an executive producer credit. All other aspects of an executive producer credit under this Agreement shall be in Producer's sole discretion, and Producer shall have no liability for inadvertent breach or third party breach. In the event of breach Producer shall use its reasonable efforts to cure prospectively.

The credits accorded to Writer in connection with the Picture shall be determined by and subject to all guild and collective bargaining agreement requirements applicable to the Picture, including the WGA. Except as specifically set forth in the Agreement, all characteristics of Writer's credits shall be in Producer's sole discretion. Producer shall contractually require all third party distributors to agree to abide by the credit provisions set forth herein. Neither the inadvertent failure by Producer, nor the failure by any third party, to accord credit in accordance with the provisions of the Agreement shall be deemed a breach of the Agreement; provided, however, that upon Lender's written notice of a material failure to so accord credit, Producer shall use reasonable good faith efforts to cure any such material defect in Writer's credit on a prospective basis with respect to prints and paid and excluded advertisements not yet created.

Page 34: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT ORENMOVERMAN

Subject to Director’s full performance of all material services and material obligations hereunder and provided that Director is not in material uncured breach or default of Director’s obligations hereunder, and provided that the Picture is completed with Director’s directing services, Production Company shall accord Director credit as follows:

Director Credit. Director shall receive an individual “Directed by” credit in accordance with the DGA Agreement, as follows:

Paid Ads. Subject only to each distributor’s customary exceptions and exclusions, in the billing block of all Paid Ads and on ancillary products whenever the full billing block appears, in a size of type (i.e., height, thickness, prominence, and width) no less than any individual “Produced By” or “Executive Producer” credit in connection with the Picture. 8.1.2.1. Paid Ads Definition. “Paid Ads”, as the term is used above, shall include, but are not limited to, where the billing block appears, if any, in one-sheets, billboards, websites, videocassettes and DVD packaging, soundtrack packaging, and half-page or larger print advertisements in the Variety, New York Times, Los Angeles Times, and/or Hollywood Reporter and magazines, premiere and/or festival invitations and other publicity and marketing materials and special award advertisements (other than in award, congratulatory or nomination ads naming only the honoree(s)). Notwithstanding the foregoing, Paid Ads credits shall be subject to each distributor’s customary exceptions and exclusions.

Excluded Ads. Notwithstanding the applicable distributor’s customary exclusions and exceptions, Director’s individual paid advertising credit as set forth above shall appear in any so-called “excluded ads” whenever any other individual credit appears in such “excluded ads,” excepting only congratulatory and award ads (including nomination awards therefor) in which only the person so congratulated receives credit. Such excluded ads credit shall appear in a size of type which is not less than the excluded ads credit accorded to any individual or entity other than the distributor(s). �

All other characteristics of the foregoing credits and all other credits, including font type and duration, shall be in Production Company’s sole discretion. �

Production Company’s or any third party’s inadvertent failure to accord credit pursuant to the terms hereof shall not be deemed a breach of this Agreement. Production Company shall contractually require all domestic third party distributors and sales agents of the Picture, and shall use reasonable good faith efforts to

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CREDITSTATEMENT ORENMOVERMAN

contractually bind all other distributors of the Picture, to comply with the credit requirements of this Paragraph 8. Upon receipt of written notice from Director specifying a material failure to accord credit properly in accordance with this Agreement, Production Company and/or such third party distributors and sales agents (as applicable) shall use reasonable efforts to cure prospectively such material failure to accord Director credit required hereunder with regard to the copies of the Picture and/or advertising materials created after the date of Production Company’s receipt of such notice. Lender and Director hereby recognize and confirm that in the event of a failure to comply with such provisions, the damages, if any, caused to Lender and/or Director is not irreparable or sufficient to entitle Lender and/or Director to injunctive or other equitable relief.

Notwithstanding anything to the contrary set forth herein, in the event that Production Company and/or a distributor of the Picture materially breaches (and does not cure such breach) Director’s Final Cut rights as provided for in Paragraph 7.0 above (for the avoidance of doubt, Production Company and/or a distributor shall not be deemed in material breach of Director’s Final Cut rights in the event that the final cut of the Picture is Director’s Final Cut with only those changes made that are defined as a Permitted Cut pursuant to paragraph 7.0 above), then upon written notice to Production Company, Director shall have the right to dissociate his name from the Picture, including, in connection with (i) the on-screen and Paid Ad credits set forth in Paragraph 8.1.1 and 8.1.2 hereinabove and (ii) any and all promotional activities otherwise required of Director hereunder in connection with the Picture (each, a “Dissociation Notice”); provided that such right to disassociate Director's name shall only be exercisable by Director prior to Production Company physically creating and “locking” the “on screen” credits in connection with the Picture and shall be deemed irrevocably waived by

Director thereafter. Upon Production Company’s receipt of such Dissociation Notice Production Company agrees that it shall not use Director’s name as so specified in such Dissociation Notice.

Page 36: 0 The Orchard - Microsoft...production company credits (but following the presentation credits of the distributor(s) of the Picture and CR), in the main titles of the Picture (or in

CREDITSTATEMENT TESUCOHOLDINGSLIMITED

Producer shall include after the credits in the Picture a copyright notice, clearly visible for at least three (3) seconds, in the following form: “copyright © 2016, Tesuco Holdings Limited, All Rights Reserved” and such other requirements as may be reasonably required by Company.