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RABISLIST-AGREEMENT-MOVIE-RABI-4

9. FORCE MAJEURE

Neither Party shall be liable or responsible for the non-performance of any of their respective obligations under

the Agreement for any reasons of Force Majeure Events.

For the purpose of this Agreement “Force Majeure Events”shall mean and include without limitation to fire,

earthquake, flood, pandemic, including COVID, strike, lockout, labour controversy, riot, civil disturbance, acts

of terrorism, war, civil commotion, acts of God, acts of political parties, acts of industry associations, changes

in law, regulations or policies of the Government, shelving, abandoning, cancellation and/or indefinite

postponement of the production of the Film for any reason whatsoever or any cast and crew member being

diagnosed of COVID which may halt or cause delay/postponement/re-scheduling of the shooting or any

other activity of the Film, and/or for any other reasons which cannot be predicted by men of ordinary

prudence and beyond the control of the Parties hereunder.

10. GOVERNING LAWS & DISPUTE RESOLUTION

10.1 This Agreement shall be governed and construed in accordance to the Laws of India.

10.2 Any disputes arising hereunder shall be amicably resolved/settled by the Parties within Thirty (30) days of

receiving notice pertaining thereto from the aggrieved Party, failing such matter shall be referred to the

jurisdiction of the Courts at Mumbai.

11. MISCELLEANOUS

11.1 Severability: In the event that any term, condition, or provision of this Agreement is held to be a violation of

any applicable law, statute, or regulation the same shall be deemed to be deleted from this Agreement and shall

be of no force and effect and this Agreement shall remain in full force and effect as if such term, condition, or

provision had not originally been contained in this Agreement.

11.2 Notices: All notices given pursuant to this Agreement shall be in writing and shall be delivered to the Parties

at their respective addresses of the Parties as stated under the name clause of this Agreement and/or by email to

the address which have been used for communication with the Parties. In case of notices sent by email, the

same shall be deemed to have been received by the Parties upon completion of Twenty-Four (24) Hours from

the same being sent.

8

11.3 Waiver: The failure of either Party to enforce at any time any of the provisions of this Agreement shall not be

construed to be a waiver of such right, power, privilege or remedy or as a waiver of any preceding or

succeeding breach by the other party to this Agreement nor shall any single or partial exercise of any right,

power, privilege or remedy preclude any other or further exercise of such or any other right, power, privilege

or remedy provided in this Agreement all of which are several and cumulative and are not exclusive of each

other or of any other rights or remedies otherwise available to a Party at law or in contract.

11.4 Entire Agreement and Amendments: This Agreement, together with all Agreements and documents

executed contemporaneously with it or referred to in it, constitutes the entire Agreement between the Parties in

relation to its subject matter and supersedes all prior agreements and understandings whether oral or written

with respect to such subject matter. No change, modification, or termination of any of the terms, provisions, or

conditions of this Agreement shall be effective unless made in writing and signed or initialed by the both the

Parties.

11.5 No Obligation: The Writer expressly acknowledges and agrees that the engagement of Services under this

Agreement shall not in any way constitute or be deemed to constitute an obligation of an undertaking by the

Producer to produce the Film or use the Services in the Film and shall not in any manner hold the Producer

responsible towards same in the event the Producer opts to not produce the Film at any stage.

11.6 Assignment: This Agreement is non-assignable by the Writer and/or the Confirming Party. This Agreement

may be freely assigned and licensed by Producer in whole or in part to any party and in such event this

Agreement shall remain binding upon Writer and the Confirming Party.

11.7 Relationship of Parties: This Agreement is entered into between the Parties on a principal to principal basis

and nothing in this Agreement shall constitute or be deemed to constitute a partnership or agency between any

of the Parties hereto and none of them shall have any authority to bind the other in any way.

11.8 Stamp duty: The stamp duty and /or registration charges in respect of this Agreement shall be borne by the

Producer.

IN WITNESS WHEREOF the Parties hereto have hereunto set their respective signatures on the day and

year first hereinabove written.

ANNEXURE A

MODES, MEDIUMS AND FORMATS

“Modes, Media and Formats” of exploitation of the Film, Works and Derivative Works of the Works /

Film in all languages and dialect of the Territory and shall include but shall not be limited to the following;throughout the Territory and in perpetuity:

(i) in 35 mm and all other sizes/ formats of cinematograph exhibition in theatres, all television, video,

satellite, internet, digital and cable rights and all other rights (including re-issue rights), for the

purpose of exhibiting, broadcasting or exploiting in all languages of the Territory in any manner

whatsoever, by the use of any method and/or technology, in whatsoever manner;

(ii) In non-theatrical, commercial, television including terrestrial television rights, Pay TV rights, Free

TV rights, satellite television rights (including MMDS, SMATV, DTH, SSL, XDSL, DBS) cable

television rights, pay per view rights (residential and non- residential), video on demand (NVOD,

SVOD, NMOD) and other streaming through internet/broadband/IPTV/Mobile, digital TV, interactive

multimedia, clip rights, anywhere in the world, and rights in respect of Home video rental & sell

through rights (including DVD, Compact Disc, Laser Disc, Video Compact Disc, Video Cassette,

Videogram Rights, Embodying Rights, VHS and such other rights), commercial video rights, Computer games rights, Internet multimedia rights, Airborne, Railways, ship, surface transport rights and hotel and commercial establishment rights, all music/audio rights in connection with and/or in relation to the audio visual material and/or musical work of the said Film containing all songs, to be produced or reproduced in the format of music cassettes, CDs, Blue rays, VCDs and DVDs and/or any similar devices including physical; mechanical; magnetic; analog; optical; electric; electronic; wireless; intranet or local wireless; wireless telephony within the meaning of the Indian Telegraph Act; wireless broadcasting; terrestrial; satellite; cable; wired broadcast; landline telephony; mobile telephony and data services of any kind not limited to 2G, 3G, 4G, BWA, LTE; internet telephony; cyber; internet; streaming; webcasting; simulcasting; downloading; uploading; P to P; internet telephony; radio; television; biotechnological; nano-technological; nuclear; molecular; in all languages of the Territory;(iii) the right to incorporate Works in the Derivative Works of the Film, subtitled, dubbed and narrated versions including prequels, sequels, remake, etc. of the Film in all languages and versions of the Territory and exploit the foregoing on Cable, LAN, Broadband, Personal Video Players (PVPs),

Signed for and on behalf of Rabislist.com Agreed, Confirmed & Acknowledged by

Mr Manas Ranjan Ojha

RABI S PATNAIK

STAMP AND SIGNATURE

CUSTOMER CARE

JENNY

732-281-7122

732-423-8052