The Football Association Premier League Limited et al v. Youtube, Inc. et al

Filing 276

DECLARATION of Elizabeth Anne Figueira, Esq. in Opposition re: 167 MOTION for Summary Judgment.. Document filed by The Music Force LLC, Cal IV Entertainment, LLC, Cherry Lane Music Publishing Company, Inc., The Football Association Premier League Limited, Robert Tur, National Music Publishers' Association, The Rodgers & Hammerstein Organization, Edward B. Marks Music Company, Freddy Bienstock Music Company, Alley Music Corporation, X-Ray Dog Music, Inc., Federation Francaise De Tennis, The Scottish Premier League Limited, The Music Force Media Group LLC, Sin-Drome Records, Ltd., Murbo Music Publishing, Inc., Stage Three Music (US), Inc., Bourne Co.. (Attachments: # 1 Exhibit 189, # 2 Exhibit 190, # 3 Exhibit 191, # 4 Exhibit 192, # 5 Exhibit 193, # 6 Exhibit 194, # 7 Exhibit 195, # 8 Exhibit 196, # 9 Exhibit 197, # 10 Exhibit 198, # 11 Exhibit 199, # 12 Exhibit 200, # 13 Exhibit 201, # 14 Exhibit 202, # 15 Exhibit 203, # 16 Exhibit 204, # 17 Exhibit 205, # 18 Exhibit 206, # 19 Exhibit 207, # 20 Exhibit 208, # 21 Exhibit 209, # 22 Exhibit 210, # 23 Exhibit 211, # 24 Exhibit 212, # 25 Exhibit 213, # 26 Exhibit 214, # 27 Exhibit 215, # 28 Exhibit 216, # 29 Exhibit 217, # 30 Exhibit 218, # 31 Exhibit 219, # 32 Exhibit 220, # 33 Exhibit 221, # 34 Exhibit 222, # 35 Exhibit 223, # 36 Exhibit 224 Part 1, # 37 Exhibit 224 Part 2, # 38 Exhibit 225, # 39 Exhibit 226, # 40 Exhibit 227 Part 1, # 41 Exhibit 227 Part 2, # 42 Exhibit 227 Part 3, # 43 Exhibit 227 Part 4, # 44 Exhibit 228, # 45 Exhibit 229, # 46 Exhibit 230, # 47 Exhibit 231, # 48 Exhibit 232, # 49 Exhibit 233, # 50 Exhibit 234, # 51 Exhibit 235, # 52 Exhibit 236, # 53 Exhibit 237, # 54 Exhibit 238, # 55 Exhibit 239, # 56 Exhibit 240, # 57 Exhibit 241, # 58 Exhibit 242, # 59 Exhibit 243, # 60 Exhibit 244, # 61 Exhibit 245, # 62 Exhibit 246, # 63 Exhibit 247, # 64 Exhibit 248, # 65 Exhibit 249, # 66 Exhibit 250, # 67 Exhibit 251, # 68 Exhibit 252, # 69 Exhibit 253, # 70 Exhibit 254, # 71 Exhibit 255, # 72 Exhibit 256, # 73 Exhibit 257, # 74 Exhibit 258, # 75 Exhibit 259, # 76 Exhibit 260, # 77 Exhibit 261, # 78 Exhibit 262, # 79 Exhibit 263, # 80 Exhibit 264, # 81 Exhibit 265, # 82 Exhibit 266, # 83 Exhibit 267, # 84 Exhibit 268, # 85 Exhibit 269, # 86 Exhibit 270, # 87 Exhibit 271, # 88 Exhibit 272 Part 1, # 89 Exhibit 272-2, # 90 Exhibit 272 Part 3, # 91 Exhibit 272 Part 4, # 92 Exhibit 272 Part 5, # 93 Exhibit 272 Part 6, # 94 Exhibit 272 Part 7, # 95 Exhibit 272 Part 8, # 96 Exhibit 272 Part 9, # 97 Exhibit 272 Part 10, # 98 Exhibit 272 Part 11, # 99 Exhibit 272 Part 12, # 100 Exhibit 272 Part 13, # 101 Exhibit 272 Part 14, # 102 Exhibit 272 Part 15, # 103 Exhibit 272 Part 16, # 104 Exhibit 272 Part 17, # 105 Exhibit 272 Part 18, # 106 Exhibit 272 Part 19, # 107 Exhibit 273, # 108 Exhibit 274, # 109 Exhibit 275, # 110 Exhibit 276, # 111 Exhibit 277, # 112 Exhibit 278, # 113 Exhibit 279, # 114 Exhibit 280, # 115 Exhibit 281, # 116 Exhibit 282, # 117 Exhibit 283, # 118 Exhibit 284, # 119 Exhibit 285, # 120 Exhibit 286, # 121 Exhibit 287, # 122 Exhibit 288, # 123 Exhibit 289, # 124 Exhibit 290, # 125 Exhibit 291, # 126 Exhibit 292, # 127 Exhibit 293, # 128 Exhibit 294, # 129 Exhibit 295, # 130 Exhibit 296, # 131 Exhibit 297, # 132 Exhibit 298, # 133 Exhibit 299, # 134 Exhibit 300, # 135 Exhibit 301, # 136 Exhibit 302, # 137 Exhibit 303, # 138 Exhibit 304, # 139 Exhibit 305, # 140 Exhibit 306, # 141 Exhibit 307, # 142 Exhibit 308, # 143 Exhibit 309, # 144 Exhibit 310, # 145 Exhibit 311, # 146 Exhibit 312, # 147 Exhibit 313, # 148 Exhibit 314, # 149 Exhibit 315, # 150 Exhibit 316, # 151 Exhibit 317, # 152 Exhibit 318, # 153 Exhibit 319, # 154 Exhibit 320, # 155 Exhibit 321, # 156 Exhibit 322, # 157 Exhibit 323, # 158 Exhibit 324, # 159 Exhibit 325, # 160 Exhibit 326, # 161 Exhibit 327, # 162 Exhibit 328, # 163 Exhibit 329, # 164 Exhibit 330, # 165 Exhibit 331, # 166 Exhibit 332, # 167 Exhibit 333 Part 1, # 168 Exhibit 333 Part 2, # 169 Exhibit 334, # 170 Exhibit 335, # 171 Exhibit 336, # 172 Exhibit 337, # 173 Exhibit 338)(Figueira, Elizabeth)

I.

Cci.

of

AGREEMENT West 37
tad
t.o

made
Street miceito

as

of the

ift

day of January

12003
10018 20

by and

between Bonnie
referred
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New

York
of

New
tile

York

hereinafter

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as Publisher.

WHEREAS
requested
territory

Publisher respect
territory

has requested
to
is

Owner

to

authorize

the exercise

of the rights
in

herein of Italy

with

the

musical

compositions
to as

hereinafter the Licensed

identified

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which

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referred

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NOW THEREFORE
Owner
and Publisher hereby

in

consideration

of

the

mutual

coveitants

herein

contained

agree

follows

Subject
royalties

to

the qualifications appoints

restrictions Publisher
its

conditions

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hereinafter agreenicut

specified with

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Agent

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term

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respect to

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all

of the musical published
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compositions

in the catalogue
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of

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all as

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copies picture

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The
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Notwithstanding reserves not
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BC00020868

4.1

The

right all

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all

royalties

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of any and
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All

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rights thereof

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any adaptations

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translations

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versions

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Subject

to

Paragraph
licenses

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or

of

this

Agreement
for

the the

exclusive recording

right

throughout

the

world
or other

to

grant

make

contracts

and

swichronization

form of use of the Compositions

or any part

thereof

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in

and

with

motion pictures

tapes

television

productions

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other

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visual

images

whether

now known

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4.3.2 hereafter

in

any
in

and

all

media
with

whatsoever
purposes wares of

whether
trade.

now

known

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developed
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for

or

connection

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commerctals whatsoevet

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any goods

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services

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in

and with cnown

video
or

discs or video hereafter

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or any other

form

of audio-visual

device

whether

now
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developed.

4.3.4 available
line

exclusive

right thereof

throughout
in digital

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world
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to

make

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download whether

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now known

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The
the

exclusive

right

throughout grant such

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to

print

publish

and

sell

printed

copies

of

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and

to

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or

exclusive

right as the

throughout such
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the world arc

to

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grand

rights

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the

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of
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any part
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evolve.

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limited

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whole

any and
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media to
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rights

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BC00020869

43
and such
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exclusive

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worla
print

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of the Compositions dramatic versions

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versions

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throughout

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in

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use

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49
publication Compositions. hard and

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exclusive cover

right

throughout

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world

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anthologies

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The Licensed

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throughout

the

world

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used

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this

agreement

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include

the

Territory.

5.

Publishers
are

Dunes.

Included

within

Publishers

duties

under

this

agreement

the following

5.1

Publisher as
to shall

shall

issue

licenses

for

use

of
in

the
the

Compositions
ordinary

in

the

Licensed business. agreement.
rates in

Territory but only

ha

necessary of

and

appiopriate
rights shall in

course
tinder

of
this

the.

extent

Publishers and

the

Compositions
at the

All

licenses

shall

be antis-length

be

issued

highest

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the Licensed

Fent
Publisher
all

5.2

shall

collect

all

sums

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and

payable

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from
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rights
all

of the Compositions
in

the Licensed under
in this

Territory

but OfliV Publisher Paragraph

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extent account

Publishers

the

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agreement. with

shall

Owner

for

sums

collected

by Publisher

accordance

of

this

smgreemenl.

5.3

Publisher or
label

shall

print

or use

its

best efforts

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cause

to

he

printed

on

the

outside
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cover
this

of

every

reproduction

of the Compositions
in

manufactured be required

pursuant

agreement

proper

notice

of Copyright
Suites

such

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as

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by the laws
pertaining with Territory understa

of the Licensed
to the

Territory

the United of

and any
in for

internalional

conven001s
together Licensed Publisher

acquisition
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or preservation reproduction other
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Highly

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BC00020870

5.4 performing timely
to entitle rights

Publisher societies basis

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file

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enforce thereto dispose obtaining Publisher or

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and

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related

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5.6 respect times
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shall

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all

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5.7 or controlled

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electronic and

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the manner

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maintains

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BC00020871

compositions

owned
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by Publisher
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for

others.

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assistance

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5.5

Publisher published
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shall

forward

to

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copies

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each

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any

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to

the Licensed forwarded

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Highly

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BC00020873

BC00020873

6.8

Any advance
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agreement.

6.9

All royalties
attributable

provided
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for

herein

shall

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Accountines

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Highly

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BC00020874

system

for

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purpose

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parties

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In

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after

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Highly

Confidential

BC00020875

BC00020875

8.

Audits.

8.1

Owner

and

their

representatives

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9.

Perthnnhgights.
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Highly

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BC00020876

BC00020876

the
total

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share

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101
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proper and

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Publishers duty

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rights in

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10

Within

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deliver licenses with

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Termtflatiou
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this

Notwithstanding

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automatically notice thereof

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Highly

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BC00020877

BC00020877

11.2 concliLions

In

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event

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ot

this

agreement and
to

including true
this in

not

limited

to

Publishers statements
failure is

obligations

make Owner

remittances
at

render
in

and

complete
such

of account
cured

the

times

specified

agreement
the case

and

not

within notice
right In to

Fourteen thereof avail exent
to

14

days

Ten

10

days

of

payment

of

money
shall

following

Publisher.

Notwithstanding
right

the of cure
the

foregoing

Publisher twice

have
the

the

itself

of the

foregoing
to
ftilfiu

no

more

than

during

Term.

the
after

Publisher
itself

fails

any

of

terms

and

conditions
shall

of

this

agreement

aailing

twice

of such

cuie

penod

ths agreement

tenwnate

automatically

and

immediately.

1.3

In

the
in

event

Publisher Puhlisher
in this

exercises
fails to

any

dghts

reserved

to

Owner
express

under
approval

Paragraph
in

or

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event

obtain

Owners

prior

wriLing

wherever

required

agreement.

11.4
in full

In

the event

Federico business

Monti Arduini
of Publisher.

shall

cease

to

remain actively

charge

of the music

publishing

12.

Warranties

and

Indemnities.

12.1

Publisher

represents

wan-ants

covenants

and

agrees

as follows

12.1.1

Publisher

is

and

shall

remain during

the

Term

12.1

.1

.1

member
rights

in

good
in

standing

of

any and
Territory

all

perfouning

rights

sucieties

and

mechanical

societies

the Licensed

12.1.1.2

entitled

to

the highest performing

benefits
rights

available
societies

to

music

publisher
rights

in

the

Licensed and

Territory

from

such

and

mechanical

societies or

knows of no charges
against
it

actions respect
to

suits such

proceedings societies

or other
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unpediments.
prevent

actual

threatened
it

with
its

may

or otherwise

impair

from performing

duties

hereunder and

12.1.1

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an

aedve
industry
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it

music and
under

publisher
shall this tise

as
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that

term
efforts

is

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its

understood duties

in

the music

publishing

best

in

and exploiting

the rights

granted

agreement.

12.1.2
into this

Publisher
all

has

the

full

right

power

and

authority

to

en.

ter

agreement

and

to

perform

of

its

obligations

hereunder.

12.1.3 of
that

Federico

Monti

Arduini

will

remain

actively Publisher
to

in

thll

charge

the music

pablishu

business

of Publishci

dunng

the are

Icnn
essential

aeknolcdges
of

the personal

services

of Federico
this

Monti Arduini
and
into

the performance
are

Publishers obligations
principal factors
that

under

agreement
to

such
this

personal

services

on-the

induced

Owner

enter

agreement.

/7

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12.2

Owner

represents.

warrants

and

agrees

as

follows

2.2. this

Owner
all

has the
its

fiuil

night

power

and

authority

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enter

into

agreement

and

to

perform

of

obligations

hereunder.

122.7. warranty

AU

of the

rights

ranted

herein

by

Owner

are

without

and without

recourse.

12.3
cithet

Each
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patty cc

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party

inc counsel
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reasonable party

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expenses

arising

from any settlement agreements
Publisher
shall the

of

by any

third

which

be

inconsistent
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with

any

warranties not enter

and
into

representations settlement of of

hereunder.

Notwithstanding claml

foregoing without
in

any

such

by

third

party

obtaining
this

prior to

written

consent

Owner.
settle

Notwithstanding any any
claims

anything
third

contained
that or relate

agreement
to

the contrary

Owner may
or any

by

parties

in

any way

the Compositions
this of

breach

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agreements
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representations breach under
after th.s

under

agreement.

An

settlement

by
or

Owner

not

by

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any

representation indeninitor
to shall

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made
within
applies.

by
ten

Owner

agreement. thereof

The

the

10

days

demand

any amounts

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the foregoing

indemnity

13.

Notices.

Any
shalt

notice

required

or desired he

to

be

given
ceii.dled or

to

either

party

under
mail

this

agreemet.
postal

be

in

writmg

and

shall return

matted

by

or registered
shall

as

local or

regutations

may permit
or by telex.
mail.

receipt

requested

be

sent

by
this

telegram

cable
shall

toll prepaid

Delivery Unless

of accounting
provided

statements
in this

under

agreement
delivery addressed
official

be

by

first

class

otherwise under
this

agreement he
properly
at

of accounting
with post
all

statemems
prepaid

and and

notices
shall

agreement given

shall

charges or post

be

deemed
if

on

deposit

thereof

an
to

office

box

as
or

applicable
carrier office to

or
or

by

telegram

or cable on
to if

delivery

an

accredited

international

telegraph
can-icr shall

cable
for

on

delivery

an

accredited telex
set

international transmission.

telegraph All such notices other

cable

transmission
at

or

by
first

on

be

addressed as the parties

the

parties hereaf.er

the addresses designate
in

forth to

above
others.

or

to

addresses

may

writing

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14
act

Approvals.
nfl

hi lOt

any instance
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where

Owner
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reonired ces
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required

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may
its

take and

action

Owner may

refrain

as

Owner

determine

sole

absolute

discretion.

15.

Binding of and

Agreement upon
that

and

jggine.
hereto
shall

ibis and
their

agreement
respective

shall

inure

to

the

benefit

be binding

the parties Publisher of
its

sue

oand
assign
in

assigns

provided
this

however
or

not

hypothecale
herein Chsneu

cncnmhrr.

suh4icensc
inc
ibject

agreement heieotu

any

rights oi

or interests
itty v.itliom

or hereuidettor puce express

and

to

warei

3I

prison

onSent..

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22.

yerability.
are

The
so such
that if

provisions
for

of reason
to

this

agreement
invalid other

severable

any

provision

hereof
the

is

found

any

be

or unenforceable of

finding

shall

not affect

validity

or enforceability

of any

provision

rhs agreement.

23. paragraphs

The of
this

captions not in anyway
itself

of
affect

the

agreement

are

for

convenience

only

and

shall

the

interpretation

of any paragraph

of this agreement

or of the agreement

TN
the day

WITNESS
first

WHEREOF
above
wntten.

the parties

hereto

have

executed

this

agreement

as

of

and year

By
Bonnie.

Owner

hb1isher

CafØ

Concerto.\s.r.L

By
klericoiMnnti
7-

Arthin

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