RIGHT TO ENGAGE IN PREPRODUCTION AND PRODUCTION: Owner acknowledges that Purchaser may, at its own expense, during the Option Period undertake preproduction activities in connection with any of the rights to be acquired hereunder including, without limitation, the preparation and submission of treatments and/or screenplays based on the Property, approaching and contracting with actors and others for the purpose of the rendering services with respect to production of a production based upon the Screenplay and/or the Property. In connection with any such preproduction and production activities Purchaser may make reference to the name of the Property and the name of Owner. Notwithstanding the foregoing, Purchaser hereby covenants and agrees that the Property shall remain free of encumbrances and liens until exercise of the within option (including payment of the Purchase Price pursuant hereto). If Owner shall be ready, willing and able to perform at the times reasonably required by Purchaser, Owner shall be entitled to perform all rewrites and polishes of the Property
.ASSIGNMENT: This Option Agreement and any and all rights granted hereunder may be assigned by Purchaser to any other person, firm or corporation. No such assignment shall release Purchaser from liability hereunder except if to a major motion picture studio, cable service, or television network which assumes in writing all of Purchaser's obligations hereunder. Owner may assign any or all of his rights hereunder to an entity of which he is the principal.
GENDER AND NUMBER: Terms used herein in the masculine gender include the feminine and neuter gender, and terms used in the singular number include the plural number, if the context may require.
SECTION HEADINGS: The
headings of paragraphs, sections and other subdivisions of this agreement are for convenient reference only. They shall not be used in any way to govern, limit, modify, or construe this agreement or any part or provision thereof or otherwise be given any legal effect.