UNDERTAKING CUM INDEMNITY BOND

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UNDERTAKING CUM INDEMNITY BOND Powered By Docstoc
					                                SUBMISSION

This Undertaking Cum Indemnity Bond is made and executed at ________ on
this     ________      day        of     ________         2010     by   Shri
______________________________                          S/o             Shri
__________________________            a        permanent       resident  of
________________________________________________________
hereinafter called “Submitter”, the party of the First Part.

                                     AND

Matchbox Films Pvt. Ltd., a company incorporated under the provisions of
Companies Act, 1956 and having its registered office at B-314, Okhla
Industrial Area, Ph-I, New Delhi – 110020, through its Director Mr. Nikhil Alva
(hereinafter referred to as "Company” the party of the Second Part

The terms „Submitter‟ and the „Company‟ unless repugnant to the context
shall mean and include their heirs, legal representatives, successors,
executors and administrators.

WHEREAS:

A.    The Company, is engaged, inter alia, in the business of producing
      feature films, movies, pictures, short films, advertising films,
      documentary films etc. and the Company is possessed of necessary
      expertise to do the same in audio-visual and other electronic/digital
      media; AND

B.    The Submitter has represented that he / she has created and/or is in
      possession of the Material for a screenplay / treatment currently titled:
      ______________________________ and wants to submit to the
      Company.

C.    The Submitter has represented that the Material was created and is
      owned free and clear of all other interests only by him/her and he has
      full right to submit the Material to the company to comply with this
      Bond. The submitter will fully reimburse the company if the company
      incur any losses, damages, or expenses (including lawyers' fees)
      because any or all of the statements made by the submitter in this
      Bond are not true.

NOW THIS INDENTURE WITNESSETH AS UNDER:

The Submitter understands and acknowledges that any idea, story line, script,
artwork or other material (collectively the “Material”) submitted to the
Company or any of its imprints, divisions, parents, subsidiaries, affiliates or
related companies, now or hereafter, shall be submitted to, received,
considered and/or accepted by the Company only on the following conditions:

1.    The Submitter understands and acknowledges that the Company is in
      the Movie/Film Production business, and itself is continuously
      developing and creating its own ideas and materials.
2.    The Submitter understand that the Company generally do not consider,
      or review unsolicited material unless the person submitting the material
      has signed the present Bond

3.    The Submitter understands and acknowledges that the Company may
      currently have or previously have had access to and/or may
      independently create or have created ideas, themes, plots, formats
      and/or materials which may be similar or identical to the ideas, themes,
      plot, formats or other elements of the Material now being submitted by
      him. The Submitter further agree that he will not be entitled to any
      compensation by reason of the use by the Company of any such
      material and that Company shall have no obligation to him with
      respect to the Material except as may be set forth in a subsequent
      written Bond, fully executed by him and Company.

4.    The Submitter understands and acknowledges that the Company shall
      have no obligation to return any Material submitted by him or for any
      Material or any portion thereof, which is lost, misplaced, stolen or
      destroyed while in its possession. The Submitter should keep a
      duplicate for his own records.

5.    The Submitter understands and acknowledges that the Company shall
      have no obligation with respect to the Material submitted by him other
      than to make a reasonable effort to advise him as to Company‟s
      interest or lack of interest in acquiring rights to such Material. Company
      shall have no obligation to give reasons for rejecting any Material
      submitted by him.

6.     The Submitter understands and acknowledges that No submission of
      Material will be accepted from him on the basis of a confidential
      relationship nor shall any such submission by him to the Company be
      deemed a confidential communication.

7.    The Submitter understands and acknowledges that all submissions of
      Material must be made in writing, which may be in physical copy and/or
      also an electronic copy such as through email. Company shall not
      review or consider any oral submissions.

8.    The Submitter understands and acknowledges that the Company may
      review the Material within a reasonable period of time after receiving a
      copy of this Bond. If the Company decide that it wish to use the
      Material or any elements or aspects of the Material for any purpose,
      then the Company and submitter may negotiate in good faith to reach a
      written Bond covering use of the Material and any compensation or
      payment.

9.    The Submitter understands and acknowledges that the Company have
      no obligations to the submitter (including any obligation to compensate
      or make payments to the submitter, unless the Company expressly
      agree to so, except for those expressly stated in this Bond.

10.   The Submitter understands and acknowledges that in the event of any
      dispute, controversy or claim arising out of or relating to or in
      connection with this Agreement, or the breach, termination or validity
      hereof, the same shall be referred to the Sole Arbitrator to be
      appointed by the Company. The arbitration will be governed by the
      provisions of the Arbitration and Conciliation Act, 1996 and any other
      modifications thereto. The place of the arbitration shall be _______,
      India. The language of the arbitration and award shall be English. The
      appropriate courts in ______ only will have exclusive jurisdiction in
      relation to this Agreement.

11.   The Submitter understands and acknowledges that he shall, at his own
      expense, indemnify the Company from and against any claim, suit, or
      action brought against the Company by third parties for infringement or
      misappropriation of a third party's copyright, national or international
      patent, or trade secret right by any Material provided by him to the
      Company and shall pay any damages or settlement assessed against
      the Company under such a claim.

12.   The Submitter understands and acknowledges that any part of the
      Material which is not novel or original and not legally protected may be
      used by the Company without any liability on its part to the submitter
      and that nothing herein shall place the Company in any different
      position with respect to such non-novel or non-original Material by
      reason of such use than a member of the general public.

13.   The Submitter understands and acknowledges that any Material
      delivered to the Company is or will be under and subject to the
      conditions set forth above. The Submitter represent and affirm that he
      has read each and every word of the foregoing.

In witness whereof the Submitter has executed this indemnity on this the _____
day of _______ 2010 in the presence of following witnesses: -

WITNESSES:

1.
                                                                SUBMITTER



2.

                                                                  COMPANY

				
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posted:9/20/2011
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