Film Year Book 1927 (1927)

period shall be available the Exhibitor shall immediately select from such other available dates another date or other dates failing which the Distributor shall designate the date or dates by mailing two (2) weeks' notice thereof to the Exhibitor, but such date or dates so designated shall not be fixed earlier than two (2) nor later than six (6) weeks from the exhibition date first selected by the Exhibitor; 2. If no other date or dates within said four (4) weeks' period shall be available (after the Exhibitor's written request therefor) the Exhibitor shall designate the date or dates by immediately giving written notice thereof to the Distributor but such date or dates so designated shall no be fixed earlier than two (2) nor later that six (6) weeks from the last day of the said four (4) weeks' period. If the Exhibitor fails to so immediately designate such date or dates as provided in this paragraph (2) the Distributor shall designate the date or dates within the period last specified by mailing to the Exhibitor two (2) weeks' notice of such date or dates. (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 "run" 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 that such photoplay shall have been exhibited by such other 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 availability 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 date 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 definitely 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 director, 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 tliereof excepted. The Exhibitor agrees to pay ^11 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 there for 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 print 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 that 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, destniction or injury. If any such positive print or any part thereof is colored, then for any such 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 by 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 any 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 prioi to the second public showing 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 other photoplay therefor without the 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 Theater THIRTEENTH: The contract shall not be assigned by either party without the written acceptance of the assignee and the written consent of the other party ; provided, that if the E.xhibitor sells or disposes of his interest in the theater above specified, he may assign this contract to the purchaser of such interest without the written 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. Exhibition 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 467