Film Year Book 1927 (1927)

any such photoplay the exhibition hereunder of which has been so delayed or prevented, by sending within ten (10) days after the expiration of such three (3) months' period to the other party notice in writing to such effect. In case the Distributor shall be delayed in or prevented from the performance of this Contract with respect to any of the photoplays herein specified by reason of the elements, accidents, strikes, fire, insurrection acts of God, the public enemy, public calamity. Court orders, censor rulings, delays of any common carrier, delays in production or failure of the producers of any of such photoplays to make or deliver them to the Distributor or of any star or other performer to appear therein in time for delivery, as herein provided, or the failure or delay of any prior Exhibitor in returning any positive print to the Distributor or in forwarding any positive print to a subsequent Exhibitor, then such delay in or prevention of per* formance shall be excused and all claims or causes of action for damages therefor or arising therefrom are hereby expressly waived by the Exhibitor. In any such event, the time of the Distributor 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 because of the happening of any such cause or contingency is rendered impossible, in which case performance by the Distributor with respect to any such photoplay shall be waived. The resumption of performance by the Distributor shall begin promptly after the removal of abatement of the contingencies or causes of such disability or prevention of performance and the Distributor shall deliver to the Exhibitor any such photoplay at the earliest available date thereafter, and such delivery in any such case shall be the same force and effect as though delivery took place within the period herein above limited and the Exhibitor agrees to accept, pay for and exhibit any such photoplay at any such later period pursuant to the terms hereof, provided, that if such delay and/or prevention of performance, caused as aforesaid, shall continue for a period of three (3) months either party hereto may cancel this contract, but only with respect to any such photoplay the delivery hereunder of which has been so delayed or prevented, by sending within ten (10) days after the expiration of such three (3) months' period to the other party notice in writing to such effect. Waiver NINETEENTH: The waiver by either party of any breach or default by the other party shall not be construed as a waiver of any other or subsequent breach or default by such other party. Arbitration TWENTIETH: The parties hereto agree that before either of them shall resort to any court to determine enforce or protect the legal rights of either hereunder, each shall submit to the Board of Arbitration (established or constituted pursuant to rules and regulations now in file in the office of the Motion Picture Producers and Distributors of America, Inc., hearing date March 1st, 1926, and identified by the signature of its President, a copy of which will be furnished to the Exhibitor upon request) in the city wherein is situated the branch office of the Distributor from which the E.xhibitor is served or if there be no such Board of Arbitration in such city then to the Board of Arbitration in the city nearest thereto (unless the parties hereto agree in writing that such submission shall be made to a Board of Arbitration located in another specified city), all claims and controversies arising hereunder for determination pursuant to the rules of procedure and practice adopted by such Board of Arbitration. The parties hereto further agree to abide by and forthwith comply with any decision and award of such Board of Arbitration in any such arbitration preceeding, and agree and consent that any such decision or award shall be enforceable in or by any court of cornpetent jurisdiction pursuant to the laws of such jurisdiction now or hereafter in force; and each party hereto hereby waives the right of trial by jury upon any issue arising under this contract, and agrees to accept as conclusive the findings of fact made by any such Board of Arbitration, and consents to the introduction of such findings in evidence in any judicial proceeding. In the event that the Exhibitor shall fail or refuse to consent to submit to arbitration any claim or controversy arising under this or any other film service contract providing for arbitration which the Exhibitor may have with this or any other Distributor or to abide by and forthwith comply with any decision or award of such Board of Arbitration upon any such claim or controversy so submitted, or if the Exhibitor shall be found by such Board of Arbitration in any such arbitration proceeding to have been guilty of such a breach of contract as shall in the opinion of such Board of Arbitration justify this or any other Distributor in requiring security in dealings with the Exhibitor, the Distributor may, at its option, demand, for its protection and as security for the performance by tlie Exhibitor of this and all other existing contracts between the parties hereto, payment by the Exhibitor of an additional sum not exceeding $500 under each existing contract, such sum to be retained by the Distributor until the complete performance of all such contracts and then applied, at the option of the Distributor, against any sums finally due or against any damages determined by said Board of Arbitration to be due to the Distributor, the balance if any, to be returned to the Exhibitor; and in the event of the Exhibitor's failure to pay such additional sum within seven days after demand, the Distributor may by written notice to the Exhibitor suspend service hereunder until said sum shall be paid and/or terminate this contract. In the event that the Distributor shall fail or refuse to consent to the submission to arbitration of any claim or controversy arising under this or any other film service contract providing for arbitration which the Distributor may have with the Exhibitor, or to abide by and forthwith comply with any decision or award of such Board of Arbitration upon ony such claim or controversy so submitted, or if the Distributor shall be found by such Board of Arbitration in any such arbitration proceeding to have been guilty of such a breach of contract as shall in the opinion of such Board of Arbitration justify the Exhibitor in refusing to deal with the Distributor, the Exhibitor may terminate this and any other existing contract between the Exhibitor and the Distributor by mailing notice by registered mail within two (2) weeks after such failure, refusal or finding and in addition the Distributor shall not be entitled to redress from such Board of Arbitration upon any claim or claims against any Exhibitor until the Distributor shall have complied with such decision, and in the meanwhile the provisions of the first paragraph of this Article Twentieth shall not apply to any such claim or claims. Any such termination by either party, however, shall be without prejudice to any other right or remedy which the party so terminating may have by reason of any such breach of contract by the other party. The provisions of this contract relating to arbitration shall be construed according to the law of the State of New York. Representations TWENTY-FIRST: No promises or representations have been made by either party to the other except as set forth herein. 469