Clause 15 OPTION

The Author agrees to give the Publishers the first option of publishing (including the first opportunity to read and consider for publication) the next full-length work suitable for publication in volume form which he/she may write after the Work which is the subject of this Agreement on terms to be agreed, such terms to be fair and reasonable. The Publishers shall give their decision upon the said option within 8 (eight) weeks of the delivery to them of the outline.

Clause 16 NOTICE

The Author asserts his/her moral right to be identified as the Author of the Work in relation to all such rights as are granted by the Author to the Publishers under the terms and conditions of this Agreement.

The Publishers hereby undertake :

to secure that all copies of the Work shall bear the symbol © accompanied by the name of the Author as the copyright proprietor of the text and the year of first publication placed in such a manner and location as to give reasonable notice of claim of copyright. Tto print on the verso title page of every copy of every edition of the Work published by them in the United Kingdom the words 'the right of Juliet Bawden to be identified as the Author of this Work has been asserted by him/her in accordance with the Copyright, Designs and Patents Act 1988'. To make it a condition of contract with any licensee concerning any edition of the Work to be published in the United Kingdom that a notice of assertion in the same terms as above shall be printed in every edition published by such licensee. To set the name of the Author in customary form with due prominence on the title page and on the binding, jacket and/or cover of every copy of the Work published by them.

Clause 13 REVISION

In order to keep the Work up to date the Author shall, if called upon by the Publishers, edit and revise all editions of the Work during the currency of this Agreement and shall supply any new matter that may be needful to that end. In the event of the Author neglecting or being unable by reason of death or otherwise to edit or revise the Work, or supply new matter where needful, the Publishers may procure some other person to edit or revise the Work, or supply new matter, and may deduct the expense thereof from the royalties payable to the Author or his/her beneficiary on all such revised editions of the Work and this provision shall be deemed to be authority to the Publishers so to act.

 Clause 14 LIQUIDATION, WORK OUT OF PRINT AND REVERSION OF RIGHTS

If: the Publishers fail to fulfil or comply with any of their obligations under this Agreement within two months of written notice from the Author of such failure, or if: an order is made or an effective resolution passed for the liquidation of the Publishers other than a voluntary liquidation for the purposes of reconstruction or amalgamation, or if: the Work is out of print or off the market in all editions issued by the Publishers or properly licensed by them during the validity of this Agreement and the Publishers have not within six months of written notice from the Author put in hand a reprint of the Work or authorised a reprint edition of the Work, then and in any of these events, this Agreement shall automatically terminate without further notice and without prejudice to any claim which the Author may have for monies due and/or damages or otherwise.

Providing always that in the event of termination under sub-section (C) hereof any agreement for subsidiary rights properly granted to any third party during the validity of this Agreement shall remain effective and the Publishers retain the right to collect the income therefrom and to pay to the Author under Clause 8 hereof, retaining the Publishers' share.

Clause 10 COMPETING WORKS

The Author shall not during the continuance of this Agreement without the consent of the Publishers publish any abridgement or part or translation or dramatisation of the Work in serial or volume form nor shall the Author prepare otherwise than for the Publishers any work which reproduces in identical or similar form any considerable part of the Work or which is of a nature likely to affect prejudicially the sales of the Work.

 Clause 11 AUTHOR'S COPIES

The Publishers shall send to the Author or his/her representative on the day of first publication six presentation copies of the Work and the Author shall be entitled to purchase further batches of copies for personal use (if available) at a discount of 35% of the cover price. This figure includes the cost of postage and packing to a single UK mainland location and is based upon cash with order and firm sale (ie no returns permitted).

 Clause 12 REMAINDERED COPIES

(The Publishers shall have the right not less than one year after first publication of their edition of the Work to dispose of part or the whole of any residue of any edition of the Work at a reduced price as a remainder and shall pay to the Author 2.5% (two and a half per cent) of their net receipts on copies so sold except that on copies sold at cost or less after notional deduction of such royalty, no royalty shall be paid.

Notwithstanding the above, in the event that the Publishers wish to dispose of copies of the Work they shall give the first option of purchasing such remainder stock to the Author at the reduced price. Such offer shall be considered to have been declined if the Publishers have not received a reply within 21 days of having notified the Author of the intended remainder at the Author’s last notified address.

No royalties shall be paid on copies:

Presented to the Author or to the Press or otherwise given away in connection with the promotion of the Work.

Destroyed by fire, water, enemy action, in transit or otherwise.

Sold at less than cost (after notional deduction of royalties).

Clause 9 ACCOUNTING

The Publishers shall render the accounts of the Work as at June 30 and December 31 each year and all monies due to the Author shall be paid to him/her within four months of the said accountancy dates, provided, however, that no account need be submitted unless specifically demanded nor payment made in respect of any period in which the sum due is less than £10 in which case the amount will be carried forward to the next accountancy date.

Where copies are supplied on a returnable basis the Publishers shall have the right to make a reasonable provision for returns.

If the Author is registered for Value Added Tax the Publishers shall pay the requisite VAT with each and every payment made to the Author.

The Author or his/herauthorised representative shall have the right, upon written request and upon reasonable notice, to examine the books of account of the Publishers in so far as they relate to the sales of the Work, which examination shall be at the cost of the Author unless error exceeding five per cent of the total sums paid to the Author shall be found to his/her disadvantage, in which case the cost shall be paid by the Publishers.

Digital edition of the Work for sale as a whole or in part on the internet or otherwise 331/3%

The use of parts of the Work or material contained in the Work on Internet sites whether or not connected with the Publisher 331/3%

The Publishers shall have the right to grant permission, at no charge and without paying royalty to the Author, for use of the Work by non-profit making organisations for the physically disabled such as but not limited to the right to put the Work into Braille or Talking Books.

Any commission payable to an agent on the instruction of the Publishers in connection with sales as set out in this Clause 9, shall be deducted before the apportionment of income to the Author and Publishers as specified herein.

On account and in anticipation of all sums due under this Agreement the Publishers agree to pay the Author the sum of £7,000 payable:

In addition the Publisher agrees to pay £1,500 towards the cost of materials and props, £1000 payable on signature of this agreement and £500 on completion of photography. This fee doies not form part of the advance. The Publisher will pay transportation costs for large items of furniture to be discussed with the Publishers before proceeding.

During the legal term of copyright the Publishers shall have the exclussive right to negotiate the sale of the following subsidiary and other rights and shall pay the Author the undermentioned percentages of all net proceeds from these sales.

English-language rights licensed to another publisher on a royalty basis 331/3%

Foreign language rights 331/3%

UK or foreign Book Club rights 331/3%

UK paperback or hardcover editions published under license by other publishers 331/3%

UK or foreign promotional editions published under license either by and imprint of the

Publishers or by other publishers 25%

Newspapers and magazines serials (whether one shot or otherwise), anthology and quotation rights 331/3%

Digest book condensation 331/3%

Reproduction by mechanical or electronic means whether by sight, sound or a combination of both 331/3%

CD-ROM (or equivalent digital technology) 331/3%

UK Mail order, catalogue and internet sales from C&B Publishing Plc Group sites : 2.5% of the net price received on each copy sold.

Special (low cost) sales whether published by an imprint of the Publishers or by another UK Publisher : 2.5% of the net price received on each copy sold.

Sale of an edition to an Overseas publisher: For the trade edition, 5% of the net price received to 15,000 copies sold and 6 per cent of the net price received thereafter on each separate language edition in the trade; for club, catalogue or mail order sales, 2.5% of the net price received on each copy sold; for promotional editions, 2.5% of the net price received on each copy sold.

Large prints: 331/3% of all net fees and royalties received by the Publishers.

Sale of an edition to an Overseas publisher : For the trade edition, 5% of the net price received to 15,000 copies sold and 6% of the net price received thereafter on each separate language edition in the trade; for club, catalogue or mail order sales, 2.5% of the net price received on each copy sold; for promotional editions, 2.5% of the net price received on each copy sold.

Large prints : 33 1/3% of all net fees and royalties received by the Publishers.

Paperback Sales:

Home Sales : 5% of the net price received on each copy sold to 8,000 copies sold rising to 6% of net receipts received thereafter, excluding such copies as may by subsequent clauses of this Agreement or as otherwise mutually agreed be sold subject to a different royalty.

(Sales at a special discount: On all copies sold where the discount to wholesale or retail distributors or booksellers in the United Kingdom is 50 per cent or more of the recommended retail price, 5 % of the net price to 8,000 copies sold rising to 6% of net receipts received thereafter.

Export sales : On all copies sold overseas or in Great Britain for purposes of export 5% of the net price to 8,000 copies sold, rising to 6% of net receipts received thereafter.

Distribution sales : On all copies distributed in the USA, Canada or elsewhere, under the Publishers’ imprint, 5% of the net price received on each copy sold to 8,000 copies sold, rising to 6% of net receipts received thereafter.

The Publishers agree to pay the Author the following royalties and/or fees:

Hardcover Sales

Home Sales: 5% of the net price received on each copy sold to 8,000 copies sold, rising to 6% of net receipts thereafter excluding such copies as may by subsequent clauses of this Agreement or as otherwise mutually agreed be sold subject to a different royalty.

Sales at a special discount: On all copies sold where the discount to wholesale or retail distributors or booksellers in the United Kingdom is 50 per cent or more of the recommended retail price, 5% of the net price to 8,000 copies sold rising to 6% of the net price received thereafter.

Export sales: On all copies sold overseas or in Great Britain for purposes of export 5% of the net price to 8,000 copies sold, rising to 6% of the net price received thereafter.

Distribution sales: On all copies distributed in the USA, Canada or elsewhere, under the Publishers’ imprint, 5% of the net price received on each copy sold to 8,000 copies sold, rising to 6% of the net receipts thereafter.

UK Book Clubs: 2.5% of the net price received on each copy sold.

UK Mail order, catalogue and internet sales from C&B Publishing Plc Group sites: 2.5% of the net price received on each copy sold.

Special (low cost) sales whether published by an imprint of the Publishers or by another UK Publisher: 2.5% of the net price received on each copy sold.

If the Work contains passages quoted from other works that are in copyright, the Author undertakes to obtain written permission from the owners of the respective copyrights to reprint such passages and the Author undertakes to pay all fees in connection therewith. The Author further agrees to indemnify the Publishers against any claims from copyright owners in this respect.

Clause 7 CONTROL OF PRODUCTION

The Publishers shall have the entire control of the publication and the paper, printing, binding, jacket and embellishments, the manner and extent of advertisement, the number and distribution of free copies and the price and terms of sale of the first and any subsequent edition shall be at their sole discretion. The Publishers shall bear all expenses of production and advertising except the amount, if any, by which the cost of the Author's corrections of proofs, other than printer's errors, as per printer's invoice exceed 10 per cent of the cost of typesetting, which excess amount shall be borne by the Author.

Clause 4 ILLUSTRATIONS

The Author shall advise and consult with the Publisher as to the choice and acquisition of illustrations without additional renumeration. The Publishers shall be responsible for obtaining both the illustrations and the necessary permission to reproduce them and pay all fees in connection therewith.

The Publisher is entitled to use, and to license others to use, the Photographs/the Work etc worldwide in all present and future media, free of charge and on a non-exclusive basis, for the purpose of promoting sales of the book/the Work or other publications into which the (photographs/Work) are incorporated pursuant to this Agreement.

Clause 5 INDEX

If the Author and the Publisher agree that an index is desirable, it shall be supplied by the Publisher.

Clause 2a PROOFS

The Author undertakes to read and correct his/her proofs and to return them to the Publishers within two weeks of their receipt or within such other period as may have been mutually agreed in writing.

The Publishers shall not be responsible for any accidental loss of or damage to the typescript while it is in their custody or in course of production.

Clause 3 LIBEL & BREACH OF COPYRIGHT

The Author hereby warrants to the Publishers that the Work is an original work, has not been published in whole or in part volume form within the territories covered by this Agreement and is in no way whatever a violation or infringement of any existing copyright, that it contains nothing obscene, objectionable, indecent, libellous or otherwise actionable, that all statements contained therein purporting to be facts are true, that he/she has full power to make this Agreement and that he/she will indemnify the Publishers against any loss, injury or damage (including any legal costs or expenses and any compensation costs and disbursements paid by the Publishers on the advice of their legal advisers to compromise or settle any claim) and the cost of all printed copies withdrawn and destroyed and for any revisions to printed copies or proofs occasioned to the Publishers in consequence of any breach of this warranty. If, in the opinion of the Publishers, it is advisable to submit the work to a legal adviser for a libel reading, then the cost shall be shared equally by the Publishers and the Author.

The Publishers reserve the right to insist that the Author alter the text of the Work or excise passages thereof in such a way as may appear to them necessary for the purpose of altering or removing any passage which may be considered likely to be actionable by law. Any alteration or removal shall be without prejudice to and shall not affect the Author's liabilities under the warranties and indemnities contained herein.

Clause 2 DELIVERY & ACCEPTANCE

The Author agrees to deliver 25 projects and step-by-step material, styled and propped and ready for photography in batches, see attached schedule for dates, and two copies of the typescript and a disk of the Work in complete and final form in a format acceptable to the Publishers in batches: basic projects by 1 st September 2000; the balance by 15 th September 2000. The Publishers may request a batch of advanced material prior to this date for the preparation of sales materials and the Publishers agree (subject to approval of the typescript which shall not be unreasonably withheld) to publish the Work within nine months of this date or of the receipt of the typescript (whichever is the later) unless prevented by circumstances beyond their control, or unless the Publishers are negotiating a US co-edition sale, in which case the period to publication may be extended by up to 12 months, at a published price in the first instance of approximately £17.99.

If the manuscript or styled and propped projects, in final form and acceptable to the Publishers shall not have been delivered by the prescribed date, or should it not conform to what has been commissioned or be otherwise unacceptable the Publishers may terminate this Agreement and at the Publishers optionn contract with another Author to write, rewrite or complete the work, and thereupon all monies paid to the Author pursuant to this Agreement shall be repaid to the Publishers it being understood that the Author shall be paid appropriately for such portions of his work as is finally used by the Publishers. The Author, however, shall not be at liberty to publish the Work elsewhere without first offering it to the Publishers on the terms of this Agreement.

Should the Author fail to complete the manuscript by reason of death or illnesss or incapacity the Publisher will have the option of completing and publishing the Work and accounting for royalties to the Author or his/her Estate after deduction of appropriate costs.

WHEREAS

The Author has agreed to write the text and provide photographs for an illustrated book of not less than 18,000 words and not more than 20,000 words, provisionally entitled

Les Oeuvres Completes du Poete Masqué

(hereinafter called the ‘Work’).

NOW IT IS HEREBY MUTUALLY AGREED between the parties hereto as follows:

Clause 1 RIGHTS

In consideration of the payments hereinafter mentioned the Publishers shall during the legal term of copyright have the exclusive right to produce and publish the Work or any abridgement or adaptation of it in all editions, forms, and in any media, including but not limited to electronic data, audio, and visual, throughout the world.