Fill and Sign the Securities and Exchange Commission Form 10 K Annual

-1- 11.08 Agreement for Use of Screenplay Material in Live Stage Performance License Agreement AGREEMENT dated as of ________________, 200__, between _________________ (herein the "Licensor") and ____________________ (herein the "Licensee"). 1. Grant of Rights Licensor hereby grants Licensee the non- exclusive right and license (subject to the exceptions set forth below) to use material from the screenplay written by ______________ upon which the motion picture "________________" is based (herein the "Property") for a first-class live Broadway stage presentation of a musical stage play based on the Property (herein the "Play"). 2. Consideration and Royalties 2.1 In consideration on the license herein granted to Licensee, Licensee shall pay to Licensor the non-recoupable, non-returnable sum of _______ Dollars ($____.00) upon execution hereof for the right to present a first paid public Broadway performance of the Play by _______, 20__, if at all. In addition, by payment of Licensee no later than ________, 20__ of an additional non-recoupable, non- returnable sum of _______________ Dollars ($___.00), Licensee shall also have the right to extend until ______, 20__ the period within which Licensee shall present, if at all, such performance. -2- 2.2 In addition, Licensee shall pay to Licensor an amount equal to one and three- fourths percent (1 3/4%) of the gross weekly box office receipts from each and every presentation of the Play regardless of whether such presentation shall be under Licensee's management or control or by license or authority from Licensee or otherwise. The foregoing percentage shall be increased, with respect to each company presenting the Play, from one and three-fourths percent (1 3/4%) to two percent (2%) as and when each such company, exclusive of the increased percentage, would be in a "net profits" position as defined in the Limited Partnership Agreement applicable to the Play, except that for such purpose there shall not be considered as expenses bonds, deposits and/or other recoverables. 3. Statements and Computation In connection with each production of the Play, Licensee agrees to deliver promptly to Licensor a copy of all statements Licensee is required to deliver to the limited partners under the Limited Partnership Agreement applicable to the Play and Licensor shall have the right to examine Licensee's books and records in connection therewith. The royalties for each company be computed separately. Payments and statements to Licensor shall be made within seven (7) days after the end of each week of performances of the Play in the United States of America and Canada, and twenty-one (21) days after the end of each week of performances of the Play in countries except the U.S. and Canada. Each such statement shall, inter alia, set forth the box office receipts of the applicable production(s) of the -3- Play during the period upon which such statement is based and the calculation of the royalties payable pursuant to this paragraph 3 and shall be signed by the applicable box office treasurer(s). Gross weekly box office receipts for any production of the Play for any week shall be computed upon receipts relating to performances during such week from all sources whatsoever, including any and all sums over and above regular box office prices of tickets received by the producer of the Play from speculators, ticket agents, ticket brokers or other persons, and any other additional sums whatsoever directly related to such production of the Play for such week, but excluding: