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ELDER FILM CORPORATION 311
obligated to exhibit photoplays released by the Distributor and licensed for exhibition hereunder in such theater or zone including such newly erected or acquired additional theaters as the Exhibitor had been giving to such theaters before the erection or acquisition of such additional theaters. That is to say, the Exhibitor shall be obligated to play in such newly acquired or erected theater the photoplays licensed hereunder upon the same terms as he has agreed to play such pictures in the theaters listed in Schedule "A" hereof.
13. In the event of default by the Exhibitor in exhibiting or paying for any photoplays in accordance with the provisions hereof or if the Exhibitor shall exhibit or permit the exhibition of any of the said photoplays at any time or place other than those specified, or otherwise violate this agreement the Distributor may at its option, terminate this agreement or suspend the delivery of additional photoplays hereunder until such defaults shall cease and be remedied, but the election of either of said remedies shall be without prejudice to any other of the rights or remedies of the Distributor in the premises by reason of such breach. In the event of the intentional violation by the Distributor of any protection or "run" clause contained in this contract, or in the event of the intentional default of the Distributor in delivering any photoplay to the Exhibitor hereunder and while such last mentioned default continues, the Exhibitor may at his option terminate this contract by giving immediate notice in writing to the Distributor, but the election of such remedy shall be without prejudice to any other rights or remedies of the Exhibitor in the premises by reason of such breach. No waiver by either party (or any breach or default by the other party) shall be construed as a waiver of any subsequent breach or default by such other party.
19. If Exhibitor fails to play any picture or pictures on the exhibition dates fixed hereunder, or fails to pay any sums of money due hereunder, or becomes insolvent, or is adjudicated a bankrupt, or executes an assignment for the benefit of creditors, or if a receiver is appointed for Exhibitor's property, in any of such events the Distributor may at its option by written notice addressed to Exhibitor at any of the theaters set forth in Schedule "A," cancel and terminate this agreement absolutely, but without prejudice to any rights of compensation, damages or causes of action which Distributor may have with respect to such breaches on the part of Exhibitor.
20. This agreement constitutes the entire agreement between the parties with respect to the Photoplays herein described, and all the representations, understandings, and agreements with respect thereto between the parties are merged in this agreement. All existing written contracts between parties hereto for the exhibition of Photoplays other than herein described are to be fully performed and carried out by both parties, any other provisions in this agreement notwithstanding. Neither this contract nor any modification thereof shall be valid unless and until executed by Distributor in writing at its New York Office, through its duly authorized officers.