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term '"character" as used in this agreement shall be deemed to refer to said character as now written and /or as it may from time to time hereafter be rewritten and/or lengthened and /or shortened by the producer in the exercise of its sole discretion and judgment.
3. The artist agrees to be prompt in appearing for work as required by the producer, to perform the required services hereunder in a conscientious and painstaking manner, and to abide by all reasonable rules and regulations of the producer covering the same. The artist agrees that the producer shall have the right to use and give publicity to the artist's name and likeness, photographic or otherwise, in connection with the distribution and exploitation of the picture hereinbefore mentioned, and to authorize distributors and exhibitors so to do. The producer shall have the exclusive right to the services of the artist during the term hereof, and the artist agrees that during the term hereof the artist will not render any services of any kind to or for any person, firm, or corporation other than the producer without first obtaining the express written consent of the producer. The producer shall have the right to photograph and reproduce any and all of the artist's acts, poses plays, and appearances of any and all kinds during the term hereof, and to distribute and exploit the same.
4. Where the services of the artist are required to be performed outside of the City of Los Angeles or its environs, the producer shall transport the artist and the reasonable personal baggage of the artist, and pay all necessary traveling expenses, including reasonable charges for board and lodging.
5. If the production of said photoplay be necessarily prevented, suspended or postponed during the course of production, by reason of fire, accident, strike, riot, act of God, or of the public enemy, executive, or judicial order, no salary need be paid the artist for the first week's prevention, suspension, or postponement. If the production of said photoplay be prevented, suspended, or postponed by reason of the illness of any other member of the cast or of the director, full salary shall be paid the artist for the first week's prevention, suspension, or postponement. It shall be the duty of the producer during the first week of any prevention, suspension, or postponement to notify the artist in writing whether the producer will entirely discontinue the production or further suspend or postpone it, and in the latter event the producer shall pay the artist half salary during such further suspended or postponed period. At the end of five (5) weeks from the date on which the producer has stopped production the artist may terminate this employment if the artist so elects, unless the producer continues thereafter to pay the artist full weekly compensation. If the production of said photoplay is prevented, suspended, or postponed as hereinabove in this paragraph provided, then and in that event the producer may terminate this employment at any time after the commencement of such prevention, suspension or postponement. If the producer elect to terminate this employment by reason of the illness of any other member of the cast or of the director, then the producer shall be obligated to pay the artist such balance, if any, as is then unpaid for services theretofore rendered by the artist, and also one week's compensation, upon the payment of which the producer shall be discharged of and from all liability whatsoever hereunder. If such termination be based on the happening of any other cause hereinabove in this paragraph set forth, then the producer shall be obligated to pay the artist only such balance, if any, as is then unpaid for services theretofore rendered by the artist, and upon the payment of which unpaid balance only the producer shall be discharged of and from all liability whatsoever hereunder.
6. The producer or artist agrees to furnish all modern wardrobe and wearing apparel reasonably necessary for the portrayal of said character; it being agreed, however, that should so-called "character" or "period" costumes be required the producer shall supply the same. Any loss of or
damage to costumes .wardrobe, and other property furnished by the artist necessarily arising through the performance of the artist's services, or through lack of due care on the part of the producer, shall be paid for by the producer to the artist. All costumes, wardrobe, and other property furnished by the producer shall belong to the producer and be returned promptly to it, and any loss or damage thereto arising through lack of due care on the part of the artist, or not necessarily arising through the performance of the artist's services, shall be paid for by the artist to the producer. Any loss of or damage to wardrobe, tor which either party hereto may be liable, shall be computed on the basis of depreciation schedules to be furnished from time to time by the American Appraisal Company,
7. The producer may terminate the artist's employment at any time, either prior to the commencement of production of said photoplay or during the course of production; provided, however, that if the producer elect to terminate the artist's employment hereunder more than thirty (30) days prior to the starting date hereinabove in paragraph 2 specified, then and in that event the producer shall be free from all liability of every kind whatsoever ; but provided further that if the producer elect to terminate the artist's employment hereunder at any time within thirty (30) days prior to said starting date or at any time thereafter, or during the course of production of said photoplay, the producer shall be obligated to pay the artist such balance, if any, as is then unpaid for services theretofore rendered by the artist, and also one week's compensation, upon the payment of which the producer shall be discharged of and from all liability whatsoever hereunder, subject, however, to the provisions of paragraph 5 hereof.
8. If during the first or last week of the artist's employment hereunder the artist shall have actually appeared before the camera or been on call less than six (6) full days, then the artist's salary for such week shall be prorated, and for this purpose one day's salary shall be one-sixth (1-6) of the weekly rate. If the services of the artist at the commencement of the term hereof are to be rendered at a place which can be reached from the producer's studio within twenty-four (24) hours of travel by ordinary means of transportation, then and in that event compensation shall not Begin to accrue to the artist until the artist's first appearance before the camera at such place or until the artist is first put on call at such place ; provided, however, that in any event compensation must commence to accrue to the artist not later than forty-eight (48) hours after such place has been reached ; and compensation shall accrue to the artist during the time reasonably required to return the artist to Los Angeles. If the services of the artist at the commencement of the term hereof are to be rendered at a place which cannot be reached from the producer's studio within twenty-four (24) hours of travel by ordinary means of transportation, then and in that event compensation shall or shall not commence to accrue to the artist during such travel period and prior to the artist's first appearance before the camera at such place, or prior to the time when artist is first put on call at such place ; provided, however, that in any event compensation must commence to accrue to the artist not later than forty-eight (48) hours after such place has been reached ; and compensation shall or shall not accrue to the artist during the time reasonably required to return the artist to Los Angeles. The producer need pay no salary during any period that the artist is incapacitated, by illness or otherwise, from performing the required services hereunder, and in the event of such illness or incapacity the producer, at its option, may terminate this employment without further liability. A week shall
be deemed to start on and end on
the succeeding If during such week
the artist shall have actually appeared before the camera or been on call six (6) days or less,
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