Budget Developer Contract

Clauses 10 – 14

10 BREACH OF COPYRIGHT The Publisher shall not be liable to the Author for the wrongful acts of third parties in relation to the Work. If during the life of this Agreement the Publisher shall believe that the copyright or some proprietary right to the Work is being infringed or injured by the act of another, the Publisher shall give written notice to the Author. If, after conference, the Publisher and the Author shall proceed jointly, then the costs and recovery arising out of any prosecution shall be shared equally. If no agreement is reached for joint action, either party may proceed as he shall see fit, bearing all costs incidental thereto and enjoying all the benefits arising therefrom.

If one party shall decline to proceed, he shall, upon being indemnified against all costs connected with said proceedings, execute all instruments necessary or convenient to permit the other part to proceed at his own cost, and for his own benefit, either in his own name or in their joint names as the law may require.

11 ACCOUNTS The Publisher shall not be liable to the Author in respect of royalties until after payment is received by the Publisher for copies sold directly or by sublicense. The Publisher shall render accounts of the sales of the said Work as at March 31st, June 30th, September 30th and December 31st in each year, and monies due to the Author shall be paid to him within two months of the said date, provided however, that no account need be submitted unless specifically demanded no payment made in respect of any period in which the sum is less than ten pounds, in which ase the amount will be carried forward to the next accountancy date.

12 INSPECTION OF ACCOUNTS The Author or his authorised representative shall have the right, upon written request, to examine the books of account of the Publisher in so far as they relate to the sales of the Work, which examination shall be at the cost of the Author unless errors of accounting amounting to 5% or more the total sums paid to the Author shall be found to his disadvantage; in which case the cost shall be paid by the Publisher.

13 TERMINATION OF CONTRACT If a) the Publisher fails to fulfill or comply with any of the provisions of this Agreement within one month after written notification from the Author of such failure, or if b) after the Work is no longer available for sale the Publisher has not within nine months of a written request from the Author, issued a new edition of at least five hundred copies, then and in any of these events this Agreement will automatically determine without prejudice to any claim which the Author may have either for moneys due and/or damages and/or otherwise.

14 WASTAGE OF UNSOLD COPIES If at the end of one year after the date of publication or at any time thereafter the publisher gives notice to the Author that in its opinion the demand for the Work has ceased, the Publisher’s liability under Clause 7 hereof shall cease and the Publisher shall be at liberty to waste copies remaining unsold.

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