Exhibitor's Trade Review (Nov 1925 - Feb 1926)

Page 6 Exhibitors Review (c) If the Exhibitor fails to make such selection within fourteen (14) days after the mailing of such notice of availability then ( 1 ) the distributor may at any time thereafter designate the exhibition, date or dates (no such date to be prior to the initial date of availability) by mailing notice thereof to the Exhibitor at least fourteen (14) days before the first exhibition date so designated ; (2) provided that the Distributor shall have then entered into a contract with any other Exhibitor in which contract is specified a ' win" of any of the photoplays prior in point of time and immediately preceding the "run" (specified in the Schedule) granted the Exhibitor and provided further thait such photoplay shall have been exhibited by such olher Exhibitor the Distributor shall in the manner specified in Sub-division 1 of this Paragraph (c) designate the exhibition date or dates of such photoplay within the period of forty-five (45) days .commencing with the date of avaiiability specified in the notice provided for in paragraph (a) of this Article. (d) In case the exhibition date or dates of any of the photoplays shall be designated by the Distributor pursuant to paragraph (c) of this Article the period of "protection," if any, specified in the Schedule shall begin upon the day after the expiration of the four weeks' period specified in paragraph (b) of this Article. (e) The exhibition daite or dates of any of the photoplays selected by the Exhibitor (if available) or designated as above provided or otherwise agreed upon between the Distributor and the Exhibitor shall be for all purposes the exhibition date or dates of such photoplay as though definite'y specified in the said Schedule. (f) In case this contract embraces a series of feature photoplays, five reels or more in length, and featuring a particular star or directqr, the Exhibitor shall not be required hereunder to exhibit more than one photoplay of such series every five (5) weeks. RETURN OF PRINTS Tenth: The Exhibitor agrees to return each positive print received by the Exhibitor hereunder, with the reels and containers furnished therewith, to the exchange of the Distributor from which the Exhibitor is served or as otherwise directed by the Distributor immediately after the last exhibition of such positive print licensed hereunder, in the same condition as when received by the Exhibitor, reasonable wear and tear due to the proper use thereof excepted. The Exhibitor agrees to pay all costs of transportation of such positive prints, reels and containers from the Distributor's exchange or the last previous exhibitor having possession of any such positive print (as the case may be) and return to the Distributor's exchange; or if directed by the Distributor, to ship such positive prints elsewhere than to the Distributor's exchange transportation charges collect. It is agreed that the delivery of a positive print properly directed and packed in the container furnished by the Distributor therefor, to a carrier designated or used by the Distributor and proper receipt therefor obtained by the Exhibitor, shall constitute the return of such positive print by the Exhibitor. If the Exhibitor fails to or delays the return of any positive jrint to the Distributor or fails to forward or delays forwarding (as directed by the Distributor) any such print to any other Exhibitor the Exhibitor agrees in addition to paying the Distributor the damage, if any, so caused the Distributor to pay to such other Exhibitor the damage, if any, so caused such other Exhibitor as shall be determined by Arbitration as provided for in Article Twentieth hereof. In case the Exhibitor shall be damaged by reason of the failure or delay of any other Exhibitor in returning any print to the Distributor or in forwarding (as directed by the Distributor) any such print to the Exhibitor the Exhibitor agrees to assert such claim for damages only against such other Exhibitor and thai such claim and the damage, if any, shall be determined by Arbitration provided for as aforesaid. LOSS AND DAMAGE TO PRINTS Eleventh: The Exhibitor shall pay to the Distributor the sum of four (4) cents for each linear foot of any positive print lost, stolen or destroyed or injured in any way in the interval between the delivery thereof by the Distributor and the return thereof by the Exhibitor in full settlement of all claims for such loss, theft, destruction or injury. If any such positive print or any part thereof is coWed, then for any ruch print or part thereof the Exhibitor shall pay to the Distributor the laboratory cost thereof instead of four (4) cents per linear foot. (Laboratory invoice for such colored print or part thereof shall be conclusive of such laboratory cost upon the parties hereto). Such payment, however, shall not transfer title to or any interest in such positive prints to the Exhibitor or any other party, nor release the Exhibitor from liability arising out of any breach of this agreement. The Distributor shall repay or credit to the Exhibitor any sums paid bv the latter for lost or stolen prints, excepting new reels, upon their return to the Distributor within sixty (60) days after the date when the same should have been returned hereunder. The Exhibitor shall immediately notify the Distributor's exchange by telegram of the loss, theft or destruction of or damage or injury to anv positive print. If any print shall be received from the Exhibitor by the Distributor or any subsequent Exhibitor in a damaged or partially destroyed condition it shall be deemed to have been so damaged or destroyed by the Exhibitor unless the latter, on the day of receipt of such print and prior to the second public showine thereof, shall have telegraphed the Distributor's exchange that such print was received by him in a damaged or partially destroyed condition, and setting forth fully the nature of such damage and the amount of footage so damaged or destroyed. TITLES OF PHOTOPLAYS: REISSUES Twelfth: The Distributor reserves the right to change the title of any of the photoplays specified in the said schedule but shall not substitute any otner photoplay thereot without tne consent of the Exhibitor ; and warrants that none of such photoplays are reissues from old negatives or are old negatives renamed excepting those specifically set forth as such in the said schedule. ASSIGNMENT AND SALE OF THEATRE Thirteenth: The contract shall not be assigned by either party without the written acceptance of the assignee and the written consent of tne other party; provided, that if the Exhibitor sells or disposes of his interest in the theatre above specified, he may assign this contract to the purchaser ot such interest without the writien consent of the Distributor and such assignment shall become effective upon the written acceptance thereof by the assignee, such assignment, however, not to relieve the Exhibitor of his liability hereunder, unless the Distributor consents in writing to release the Exhibitor from such liability. EXHIRITION AND ADVERTISING Fourteenth: The Exhibitor agrees to run photoplays as delivered without alteration, except with the written or telegraphic approval of the Distributor, subject to requirements of competent public authorities necessitating any change. The Exhibitor also agrees to advertise and announce each photoplay as a " In all newspaper advertising and publicity relating to said photoplays issued by the Exhibitor, the Exhibitor shall adhere to the form of announcement contained in the advertising matter sent by the Distributor. All advertising accessories used by the Exhibitor in connection with the exhibition of said photoplay must be leased from or through the Distributor and must not be sold, leased or given away by the Exhibitor. Unless this contract expressly provides for the "first run" in the City or Town wherein the theatre hereinabove specified is located, the Exhibitor agrees not to advertise any of the photoplays herein provided for by means of lithographs, slides, trailers, lobby displays, newspaper announcements, advertising or otherwise prior to, and until after the completion of, the exhibition of such photoplay by any other Exhibitor having the right to the "first run" thereof in said City oi Town The Distributor shall not in any wise be liable for any breach of the provisions of the immediately preceding paragraph contained in any other Standard Exhibition Contract with any other Exhibitor. WARRANTY AS TO ADVERTISING Fifteenth: The Distributor warrants that the photoplays herein provided for will not contain any advertising matter for which compensation is received. TAXES Sixteenth: The Exhibitor agrees to pay to the Distributor upon demand any tax, fee or other like charge now and/ or hereafter imposed or based upon the delivery and/ or the exhibition of positive prints of the photoplays and / or upon the sums payable under this contract by the Exhibitor to the Distributor. If under any statute or ordinance any such tax, fee or other like charge is or shall be payable or paid by the Distributor and the exact amount payable hereunder by the Exhibitor is not therein definitely fixed or cannot be exactly determined then the Exhibitor agrees to pay such part of any such tax, fee or other like charge, paid or payable by the Distributor as shall be fixed in the manner determined by the then President of the Arbitration Society of America. MINIMUM ADMISSION CHARGE Seventeenth: The exhibitor wararnts and agrees that during the period each of the photoplays herein provided for shall be exhibited in said theatre the Exhibitor will charge for admission to said theatre an actual admission fee which shall not be less than ten cents, unless a greater minimum admission charge is herein elsewhere specified, for each exhibition ; and that such photoplays shall not be exhibited unless such admission fee is charged. DELAY IN OR PREVENTION OF PERFORMANCE Eighteenth: In case the Exhibitor shall be delayed in or prevented from the performance of this Contract with respect to any of the photoplays herein specified by reason of censor rulings, the elements, accidents, strikes, fire, insurrection, acts of God, the public enemy, public calamity or order of any Court of competent jurisdiction, then such delay or failure of performance with respect to such photoplay shall be excused and all claims or causes of action for damages therefor, or arising therefrom, are hereby expressly waived by the Distributor. In any such event, the time of the Exhibitor to perform this Contract with respect to any such photoplay shall be extended for a period equal to the time of such delay, unless performance thereof because of the happening of any such cause or contingency is rendered impossible, in which case per