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Kali For Women
Standard Contract MEMORANDUM OF AGREEMENT made the __ day of __ 2001 between +---------------------------------------------------------------+ +---------------------------------------------------------------+ (hereinafter termed the AUTHOR) of the one part and Kali For Women, K-92 Hauz Khas Enclave, (ff), New Delhi 110 016 (hereinafter termed the PUBLISHERS) of the other part WHEREBY it is mutually agreed between the parties hereto for themselves and their respective executors, administrators, assignees or successors, as follows: 1. The PUBLISHERS shall, produce and publish at their own risk and expense, within a reasonable time after delivery by the AUTHOR of the complete manuscript acceptable to the PUBLISHERS and ready for the printer the WORK entitled +---------------------------------------------------------------+
+---------------------------------------------------------------+ (hereinafter termed the WORK) which has been written by the AUTHOR 2. The AUTHOR shall, on request, read and correct the proofs of the WORK and shall return them to the PUBLISHERS within a reasonable time of their receipt. 3. The AUTHOR hereby warrants to the PUBLISHERS that the work shall in no way whatever be a violation of any existing copyright and that it shall contain nothing obscene, objectionable, indecent, or of a libellous or scandalous character, and that the AUTHOR will indemnify the PUBLISHERS against loss, injury or damage including any legal cost or expenses properly incurred occasioned to the Publishers in consequence of any breach by the AUTHOR (unknown to the PUBLISHERS) of this warranty. 4. The PUBLISHERS shall, during the legal term of copyright, have the exclusive right to produce and publish the WORK in book form throughout the world. 5. The AUTHOR shall not arrange for the publication, except by the PUBLISHERS or with their permission in writing, of any abridgement or expansion of any substantial part of the WORK or any other work of a nature likely to compete with the WORK which is the subject of this Agreement. 6. The AUTHOR hereby grants to the PUBLISHERS during the continuance of this Agreement exclusive licenses of the subsidiary rights listed below and the PUBLISHERS undertake to pay the AUTHOR the following percentage of the net sums received by the PUBLISHERS in respect of such rights a) Dramatisation, Stage Production, Broadcasting, Television—50% b) Anthology and Quotation—50% c) Digest and Condensation—50% d) Serial rights before publication in book form 1. where sold before signature of this Agreement—100% 2. where sold after signature of this Agreement—50% e) Serial rights subsequent to publication in book form—50% f) One shot periodical or newspaper rights—50% g) Reprint rights licensed to another publisher—50% 7. The PUBLISHERS shall have the exclusive right to publish, if they so desire, on the terms of this Memorandum of Agreement, translations or adaptions of the original text of the WORK in any general or regional language throughout the world charging the fees and/or royalties payable to the Translators or adaptors against the royalties payable to the AUTHOR on the sales of the said translation or adaptations. Should the PUBLISHERS signify in writing their refusal to publish a translation or adaptation of the WORK in any language or dialect the AUTHOR shall then, subject to agreement with the PUBLISHERS as to terms, be at liberty to arrange elsewhere for a translation or adaptation in that particular language or dialect. Where the PUBLISHERS license the translation rights to another publisher, whether in or outside India, the PUBLISHERS undertake to pay the AUTHOR 50% (fifty percent) of the net sums received by the PUBLISHERS from the sale of such rights. 8. The disposal of any rights not specified in Clauses 4,5,6 and 7 hereof shall be a matter of mutual agreement between the AUTHOR and the PUBLISHERS. 9. The copyright of the WORK shall remain the property of the AUTHOR who hereby empowers the PUBLISHERS to take in the AUTHOR'S name but at the PUBLISHER'S expense, any action, legal or otherwise, that the PUBLISHERS may consider necessary to protect their rights under this Agreement.
10. The PUBLISHERS shall have the entire control of the format of the WORK and of its jacket and shall be at liberty to make any corrections or alterations in the original text as may seem to them advisable in the interest of the WORK but agree that no substantial revision will be undertaken without the AUTHOR's consent. All decisions as to the production, publication, advertising, price and terms of sale of the WORK and of the distribution of free copies shall be made by the PUBLISHERS at their sole discretion. 11. If, in the opinion of the PUBLISHERS and AUTHOR, illustrations are desirable, the AUTHOR shall, unless otherwise mutually agreed, supply to the PUBLISHERS, or obtain for the PUBLISHERS' use, with the written permission of the copyright owner, free of charge and copyright fee, suitable photographs, pictures, diagrams, drawings, maps and other material for illustrating the WORK. Such material supplied by the AUTHOR shall remain the property of the AUTHOR or copyright owner, if so required but the PUBLISHERS shall not be liable for accidental damage thereto or for loss thereof in the absence of negligence on their part or on the part of their own employees. 12. The AUTHOR agrees to supply the PUBLISHERS with an index, or bear the cost of making one, if in the opinion of the PUBLISHERS an index is desirable, and to edit and revise, if necessary, every subsequent edition of the WORK, but in the event of the AUTHOR neglecting or being unable to do so by reason of death or otherwise, the expense of revising and preparing each such future edition for press shall be borne by the AUTHOR. 13. The PUBLISHERS shall deduct all cost of AUTHOR'S correction and alterations in proof sheets exceeding ----- of the cost of composition of the WORK from any sums due to the AUTHOR under the terms of this Agreement. 14. During the legal term of copyright the PUBLISHERS shall pay to the AUTHOR collectively on all copies of the WORK sold, the royalties set out below. Except where otherwise stated all royalties shall be calculated on the advertised current Indian retail price of the WORK. (a) on all hard cover copies sold, except those specified in clause 14 (c) a royalty of —% of the published price within India and —% of the net receipts on all copies sold outside India. (b) on all paperback copies sold, except those specified in clause 14 (c) a royalty of —% of the published price within India and __% of the net receipt outside India. (c) on all copies for which rights to the complete WORK have been sold, and where a royalty inclusive arrangement has been entered into by the PUBLISHERS and the BUYER, __--__ of the net amount (cash received) by the PUBLISHERS. 15. In the event of any copies of the WORK being sold off as remainders at more than cost the PUBLISHERS shall pay to the AUTHOR 10% (ten percent) of the net receipts from such sales. If copies are sold off as remainders at cost or less than cost no payment shall be made to the AUTHOR. The AUTHOR shall be entitled to purchase copies for her personal use at the remainder price. No royalties shall be paid on copies presented to the AUTHOR, given away for review in the interest of the said WORK, destroyed by fire, water, enemy action, in transit, or otherwise, or sold at or below cost of production. Any sums which may be received in respect of single specimen copies distributed to individual teachers for the purpose of publicity shall be regarded as a contribution to the expenses of such publicity and shall not be accounted for as sales. The Publishers shall not destroy any stock, or sell it off as pulp, without first informing the AUTHOR of their intention and offering the AUTHOR a few copies for personal use free of charge. 16. Accounts shall be made up annually to December 31st delivered during the following June and settled by cheque or its equivalent with the account. The PUBLISHERS reserve the right not to pay royalties until payment for the sale of copies is received by the PUBLISHERS. 17. The AUTHOR shall receive on publication six presentation copies of the WORK and shall be entitled to purchase further copies for personal use, but not for resale, at the normal trade price. 18. If the PUBLISHERS fail to fulfil or comply
with any of the provisions of this Agreement within one month after
written notification from the AUTHOR of such failure; or if an order
is made or an effective resolution passed for the liquidation of
the PUBLISHERS other than a voluntary liquidation for the purpose
of reconstruction only, or if after the WORK is out of print they
have not within six months of a written request from the AUTHOR
issued a new edition or impression of at least five hundred copies
then and in any of these events this Agreement shall automatically
terminate without prejudice to any claim which the AUTHOR may have
either for monies due and/or damage and/or
otherwise.
20. The AUTHOR agrees that any fees paid by the PUBLISHERS for the use of copyright material in the WORK shall be charged against and deducted from any sums herein due to the AUTHOR. The AUTHOR hereby undertakes that any contract for an edition of the WORK to be published after the publication of the PUBLISHERS' edition, with the authority of the AUTHOR, in territories not exclusive to the PUBLISHERS shall provide for the said edition to contain the aforesaid copyright notice in the identical form in which it shall appear in the PUBLISHERS edition. 21. The construction, validity and performance of this Agreement shall be governed in all respect by Indian law and any dispute or arbitration arising out of it shall be settled in law courts within the Union Territory of Delhi.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year above written. +------------------------+ SIGNED (PUBLISHER) +------------------------+ SIGNED (AUTHOR) IN THE PRESENCE OF Signature and Address of Witness Signature and Address of Witness -------------------------------- _______________________________ -------------------------------- _______________________________ -------------------------------- _______________________________
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