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Louis Rosenbluh, Direct Examination. 433
"dupes" of any motion picture films, nor exhibit, sell, rent, loan, or otherwise dispose of or deal in such reproductions or "dupes."
4. The exhibitor shall not remove the trade-mark or trade-name or title from any motion picture film, or permit others to do so.
5. The exhibitor shall return as directed by the exchange, all motion pictures, immediately after they have been exhibited for the period provided for in the order; but if said motion pictures are retained after the time for which they are furnished, the exhibitor shall pay for such over-time an additional sum per day proportionate to the price specified in the order, for each reel or reels retained after the period for which such reel or reels are furnished.
6. All reels rented to the exhibitor remain the prop erty of the exchange under all circumstances, and when a reel is damaged in any way, all that remains of it must be returned to the exchange in order that the amount of the damage may be ascertained. The exhibitor shall be liable to the exchange for the value of any and all reels lost or destroyed and for all damage (reasonable wear and tear excepted) to any reel or reels while in the possession or control of the exhibitor, in a sum to be fixed by the exchange in each case and not to exceed one hundred and twenty-five dollars for each reel lost, destroyed or damaged.
7. The exchange shall be deemed to have made a delivery of all reels ordered by the exhibitor when said reels are delivered properly directed to any common carrier (or an authorized agent of the exhibitor) in time for said reels to reach (under ordinary circumstances) their destination on the day or days provided for in the order. The exchange shall be liable for damage sustained by the exhibitor because of any negligence of the exchange resulting in non-performance by the exchange of this contract in a sum not to exceed the amount of the rental for the period of non-performance.