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602 HARVARD BUSINESS REPORTS
3. At least 30 days prior to the release date of each motion picture, the exhibition value of each motion picture shall be determined by the Distributor and 5 representatives of exhibitors throughout the United States holding similar franchises from the Distributor, acting in an advisory capacity with the general officers of the Distributor. The 5 representatives shall be determined by at least % of all such franchise holders by whatever method they may desire. The Distributor makes no representation that such representatives will be so appointed or will act hereunder. If said representatives are not so appointed or cannot or do not act hereunder or if said representatives and the Distributor fail to agree upon the exhibition value of any such motion pictures, the exhibition of all such motion pictures on which there has been no agreement shall for the purposes of this franchise be fixed at three times the negative cost thereof as shown on the books of the producers thereof but in no event shall the average exhibition value of all of such feature motion pictures generally released in any such year exceed the sum of $750,000 for each feature motion picture. Within a reasonable time after the determination of the exhibition value of each motion picture as hereinabove provided, the Distributor shall send a written notice by mail to the Exhibitor of the amount of said exhibition value. The deposit of such notice in the United States mails shall constitute delivery of such notice to the Exhibitor hereunder and the exhibition value as set forth in such notice shall be deemed to be the exhibition value hereunder as fully as if such exhibition value were determined by the parties hereto and specifically set forth in this franchise. In any controversy pertaining to this franchise a written statement indicating the exhibition value of any motion picture herein provided for and purporting to be signed by at least 3 of said representatives and an officer of the Distributor and acknowledged in accordance with the laws of the State of New York shall be conclusive as to the exhibition value of such motion picture hereunder and a written statement of the negative cost of any motion picture herein provided for, verified under oath by an officer of the Distributor in accordance with the laws of the State of New York, shall be conclusive as to the amount of such negative cost hereunder.
5. The Distributor shall have the right to roadshow or cause to be roadshown prior to the exhibition and reproduction thereof at the Theater not more than 6 of the feature motion pictures released by it during the first year hereunder and not more than half of the feature motion pictures released by it in any succeeding year hereunder. If more than half of the feature motion pictures released by the Distributor during any year after the first are roadshown, the Exhibitor may, at its option, by giving 60 days' written notice at the Distributor's principal office at New York, New York, cancel this franchise as of the expiration of such 60-day period. A roadshow exhibition shall be an exhibition prior to the general release of the motion picture for one or more weeks at advanced admission prices on a two-a-day policy exclusive of extra shows.