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Clause & Effect
Film Release/Approvals
A magistrate for the Manhattan federal district court ruled that neither members of 'NSYNC nor its representatives breached the cure provision of an agreement for the plaintiff production company to release a giant-screen concert film of the singing group. RBFC One LLC v. Zeeks Inc., 02 Civ. 3231 (DFE). RBFC claimed that the defendants had “unreasonably delayed issuing approvals for virtually all aspects of the Film and its related advertising” and “failed to take normal and customary steps, as they do with respect to all other projects, to promote the Film so as to insure its success.”
The “Right to Cure” provision in the RBFC/'NSYNC agreement stated: “No failure by Producer or Band to perform any of Producer's or Band's respective obligations hereunder shall be deemed a breach hereof, unless Band or Producer gives the other written notice of such failure and such party fails to cure such nonperformance within forty-eight (48) hours after such party's receipt of such notice.” The magistrate noted, “At times, Plaintiff seems to argue that it could … give notice of an alleged breach that occurred more than a year earlier. I reject this as an irrational reading of [the cure provision].”
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