Variety radio directory (1940)

ASCAP CHAIN LICENSE— Continued term hereof copyrighted or composed by members of SOCIETY. In the event of the service upon LICENSEE of any notice, process, paper or pleading, under which a claim, demand or action is made or begun against LICENSEE on account of any such matter as is hereinabove referred to, LICENSEE shall forthwith give SOCIETY written notice thereof and simultaneously therewith deliver to SOCIETY any such notice, process, paper or pleading, or a copy thereof, and SOCIETY shall have sole and complete charge of the defense of any action or proceeding in which any such notice, process, paper or pleading is served. LICENSEE, however, shall have the right to engage counsel of its own, at its own expense, who may participate in the defense of any such action or proceeding and with whom counsel for SOCIETY shall cooperate. LICENSEE shall cooperate with SOCIETY in every way in the defense of any such action or proceeding, and in any appeals that may be taken from any judgements or orders entered therein, and shall execute all pleadings, bonds or other instruments but at the sole expense of SOCIETY, that may be required in order properly to defend and resist any such action or proceeding, and properly to prosecute any appeals taken therein. In the event of the service upon LICENSEE of any notice, process, paper or pleading under which a claim, demand or action is made, or begun against LICENSEE on account of the rendition of any musical composition contained in SOCIETY'S repertory but not heretofore or hereafter during the term hereof copyrighted or composed by members of SOCIETY, SOCIETY agrees at the request of LICENSEE to cooperate with and assist LICENSEE in the defense of any such action or proceeding, and in any appeals that may be taken from any judgments or orders entered therein. 13. All notices required or permitted to be given by either of the parties to the other hereunder shall be duly and properly given if mailed to such other party by registered United States mail addressed to such other party at its main office for the transaction of business. 14. This agreement shall enure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, this agreement has been duly signed by SOCIETY and LICENSEE and their respective seals hereto affixed this day of 194. . ' SCHEDULE "A" Broadcasts as part of LICENSEE'S chain hook-up on the following stations and which emanate from any of said stations or from one of the studios hereinafter described, shall come within the purview of this agreement under the terms and conditions hereinbefore set forth: SCHEDULE ' B" (A) "Br.oadcasting," as used in this agreement, does not include transmission by means of television or any other method of transmitting sound in synchronized relationship or simultaneously with visual images or for the purpose of being received or reproduced in connection with visual images. (B) "Chain hook-up," as used in this agreement, shall include two or more stations described in Schedule "A," over or through or by which programs shall be transmitted simultaneously, furnished by or through or by arrangement with LICENSEE or the arrangements for the transmission of which shall be made by or through or by arrangement with LICENSEE. "LICENSEE" shall include the LICENSEE hereunder and also any person, firm or corporation, directly or indirectly controlled by or associated with LICENSEE, or which is a subsidiary of or affiliated with LICENSEE, or of which LICENSEE is a subsidiary. (C) "Broadcasting facilities," as used in this agreement, shall include all personnel regularly employed by LICENSEE, as well as all personnel regularly employed in the operation of the stations in the chain hookup, and all services of any nature whatsoever contracted for and used by LICENSEE, as well as by the stations in the conduct of their business. "Personnel" shall include, in addition to all persons associated in any manner with the operation of the stations, all artists such as dramatic actors, actresses, singers and musicians, whether separate or In group or in orchestra or band form. "Station" shall include the studios used in chain broadcasting by and for LICENSEE or in the operation of such respective stations. "Services" shall include service of every nature and without limiting the generality of the foregoing the same shall include wire service and electrical transcriptions. The cost of all personnel and services shall not be deductible from the gross amounts paid for the use of the station's broadcasting facilities. The foregoing shall apply whether any such personnel or ser 237