digital projection equipment programme letter of offer - Scottish Screen

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o o That SS will be notified of any plans for the Applicant to cease operating and in the event thereof, SS will be able to reclaim the SS Investment if within the three year period; A further monitoring and evaluation report will be required at 6 & 12 months after the funds have been paid. 3. Under the terms of this Letter of Offer and Agreement all elements of Scottish Screen’s Standard Conditions of Investment apply. 4. The SS Investment award must be drawn down within 12 months of accepting the offer (“the Offer Period”). If the SS Investment award is not executed within this Offer Period, the offer will lapse and you will be notified in writing to that effect. 5. Until the SS Investment award is executed and all specific conditions (if any) have been satisfied, SS shall have no obligation to provide any funding and SS cannot accept any liability for any costs you, the Applicant, incur in advance of the award being made. 6. The applicant shall procure the provision of all other finance required to complete the investment in the equipment and its installation. SS shall have approval over the business terms finance for the project. 7. This offer is subject to receipt of a signed acceptance of the Scottish Screen common branding policy regulations (as enclosed with this letter). 8. The Applicant shall not issue any press release nor make any public announcements regarding the Applicant or SS’s involvement in this transaction without the prior written approval of SS. SS shall have the right to disclose details of the SS Investment without the prior written approval of the Applicant. 9. Any publicity relating to the roll of out this equipment/installation should have reference to SS investment in the form of Scottish Screen Digital Projection Equipment Programme Detailed guidelines for use and images can be obtained from the Investment Administration Department at Scottish Screen. 10. As referenced in your application statement and under the rules of the Data Protection Act 1998 SS will retain the right to use the information provided by you in your Evaluation Report to inform future cinema investment planning and as a source of information from which SS can advise or guide other Scottish screen industry professionals or emerging screen industry talent. 11. The terms and conditions of this Letter of Offer and Agreement and any other information obtained regarding this letter or in connection with this transaction as a whole (“the Confidential Information”) is and shall remain strictly confidential. The Applicant shall not disclose to any third party or make public the Confidential Information without SS’s prior written consent. SS will endeavour to keep such Confidential Information confidential, but as a Public Authority in terms of the Freedom of Information (Scotland) Act 2002, may require to disclose certain information when required to do so under that Act. Where the Applicant stipulates at the time of providing the information to SS that it believes the information should be considered exempt from disclosure under that Act, and a request to SS is subsequently made for disclosure of some or all of that information, SS will endeavour to discuss such July 2008 Digital Projection Equipment Programme Offer Letter and Agreement 2
disclosure with the Applicant prior to making its decision. The Applicant accepts and acknowledges that the decision on disclosure rests solely with SS. 12. SS shall be entitled to assign the benefit and burden of this Agreement to any successor body and SS shall notify the key personnel in writing of such assignment. 13. The validity, construction and performance of this agreement shall be governed by Scots law. All disputes, claims or proceedings between the parties relating to the validity, construction or performance of this Agreement shall be subject to the non-exclusive jurisdiction of the Scottish Courts. This offer is subject to the receipt of a signed copy of this Letter of Offer and Agreement. Once this has been received and all conditions of this offer are met we will be able to release the investment funds. Yours sincerely Linda McClure Head of Business Affairs __________________________________ Authorised Signatory of [Applicant] Witness:___________________________ Name:_____________________________ Address:___________________________ __________________________________ July 2008 Digital Projection Equipment Programme Offer Letter and Agreement 3
Page 1: DIGITAL PROJECTION EQUIPMENT PROGRA
Page 5 and 6: 9. If you overspend on the project/
Page 7 and 8: Details of Type and Location of Dig

digital projection equipment programme letter of offer - Scottish Screen

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