Model Film Agreement Contract

14.

Remedies

In case of breach or alleged breach of this Agreement by Purchaser, including failure to pay any part of the consideration, Owner's sole right shall be to seek the recovery of monetary damages, and Owner shall not have the right to terminate or rescind this Agreement or in any way enjoin or restrain the development, production, distribution, exhibition, advertising or exploitation of the Picture or any of the other rights granted to Purchaser hereunder.

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Commentary

The Owner's remedies if the Purchaser breaches the agreement are limited to monetary ones. The purpose of such a limitation is to bar the Owner from using a breach to ask a court to stay a screening or otherwise hinder or restrain the development, production, exhibition, advertising, distribution or other exploitation of the project; such a restraint could harm a Producer more than a financial penalty. At the same time, it would be ideal to delete this paragraph.