Aug. 19.] THE NEW ZEALAND GAZETTE. 2265

period exceeds one week, then within seven days of the first authorized exhibition date in each respective week or part of a week, a sum equal to the proportion of the gross admission receipts aforesaid due to the renter, as well as all moneys which may be due and owing to the renter for freight, cartage, and other charges: Provided that, in any case where the hiring fee is to be so computed, the exhibitor shall, prior to the exhibition period of the film, or at any time during such period, if so requested by the renter, deposit with the renter in cash or otherwise to the satisfaction of the renter a sum of money based upon the estimated hiring fee or balance thereof, as the case may be, such estimated hiring fee or balance thereof to be determined by the renter. All moneys so deposited by the exhibitor may, at the option of the renter, be applied by the renter in or towards satisfaction of the hiring fee and other moneys due and payable to the renter for the film, and any surplus remaining shall be refunded to the exhibitor without unreasonable delay. The exhibitor hereby undertakes to supply to the renter immediately after the authorized exhibition period, and in a form satisfactory to the renter, a certified itemized statement of the daily gross admission receipts for the exhibition date or dates of each film for which payment is so required to be made. Upon such date or dates an authorized representative of the renter is hereby given the right to verify the sale of all tickets of admission to said theatre and receipts therefrom, and for such purpose shall have access to the theatre including the box-office and also access to and the right to examine at all reasonable times the exhibitor’s books and records in so far as they relate to such gross receipts, including copies of returns furnished to taxation authorities for purposes of entertainment-tax for the purpose of verifying such box-office statement. The renter agrees that any information obtained by it pursuant to the provisions of this clause will be treated as confidential except in any arbitration proceedings or litigation in respect of this agreement. The words “gross receipts” used in this or any other part of this agreement mean gross receipts exclusive of entertainment-tax.

(c) Nothing herein contained shall impose any obligation on the exhibitor to make payment for any film which is not delivered in reasonable physical condition for projection and exhibition, and which for that cause he does not screen.

(5) Unplayed Dates: Flat Rentals.

If in the case of any of the said films in respect of which a flat hiring fee alone is payable the exhibitor fails to exhibit the same on the date or dates specified in the said Schedule and/or determined in accordance with the provisions hereof for any reason other than specifically mentioned in clause (25), the exhibitor agrees to pay the renter free of exchange the hire payable for such film, together with all advertising, freight, and other charges on the due date. On receipt of such payment the renter undertakes to grant the exhibitor a substitute exhibition date as shall be mutually agreed upon, but the exhibitor shall not be entitled in the case of such film to any priority of exhibition over other exhibitors that may be conferred upon him by this agreement.

(6) Liquidated Damages: Percentage Hiring.

If this agreement calls for payment computed either in whole or in part upon a percentage of the exhibitor’s gross admission receipts, and if the exhibitor fails or refuses to exhibit such film as provided in this agreement, the exhibitor shall pay to the renter as liquidated damages for each day that the exhibitor fails or refuses to exhibit such film (in addition to any fixed sums payable hereunder in respect thereof) a sum equal to such percentage of the average daily gross admission receipts of such theatre on the corresponding days of the twelve weeks prior to the date or dates when such film should have been so exhibited: Provided, however, that if the exhibitor shall exhibit such film for less than the full number of days provided for in this agreement, such sum equal to such percentage shall for each day on which the exhibitor fails to exhibit the film be computed upon a sum equal to seventy-five (75) per cent. of the gross receipts of the said theatre for the last day of the exhibition thereat of such film. An itemized statement of the said daily gross receipts shall be delivered by the exhibitor to the renter upon demand therefor, and the renter shall have the same right of access and inspection as aforesaid.

(7) Admission Prices.

(a) The exhibitor agrees that he will charge a price for admission to the theatre of not less than 1s. for adults and 6d. for children, except at matinees, when the minimum charge may be 3d. for children, and also except in the case of films designated in a list approved by the Minister for the purposes of this clause, in which case the minimum charge shall be 6d. for adults and 3d. for children; or

The exhibitor agrees that he will charge a price for admission to the theatre of not less than 6d. for adults and 3d. for children.

(NOTE.—Either of these alternative forms may be used at the discretion of the renter.)

(b) For the purposes of this clause a child shall be deemed to be a person under the age of fifteen years.

(c) The exhibitor further agrees with the renter that he will not do or offer to do any act, matter, or thing, or give or offer to give any benefit, inducement, advantage, gratuity, or other property to patrons of the said theatre which will have the effect, directly or indirectly, of reducing the charge for admission of any person below such minimum as aforesaid or of reducing the net result to the exhibitor in respect of the admission of such person below the minimum.

(d) In the event of any breach by the exhibitor of this clause the exhibitor shall pay to the renter by way of liquidated damages the sum of five pounds (£5) in respect of each exhibition in respect of which such breach is committed, but this provision shall be without prejudice to the exercise by the renter of any other remedy to which he may be entitled under these presents by reason of such breach.

(8) Exhibition and Advertising.

(a) The exhibitor agrees in any advertising to announce each film as “A [mentioning the name of the producer] picture,” and to give full prominence to the trademark of the renter.

(b) The exhibitor shall not use any advertisement or publicity of which the renter has notified his disapproval in writing and shall indemnify the renter against any loss or damage suffered by the renter by reason of any breach of this obligation.

(c) No lithographic posters, photographs, slides, lobby displays, or other advertising accessories purchased, leased, or otherwise acquired by the exhibitor from or through the renter shall be sold, leased, lent, or given away by the exhibitor to any other person. Upon the breach or attempted breach of this provision by the exhibitor the right to the immediate possession of such advertising matter shall revert to the renter which may take possession of the same wherever found.

(d) The exhibitor agrees that not more than one other feature-length film is to be presented at the same performance with any feature-length film supplied hereunder.

(e) Nothing in this agreement shall preclude any special written agreement relating to advertising in any particular case.

(9) Delivery and return of Films.

(a) Delivery: The renter shall make deliveries hereunder to the exhibitor by delivery at the renter’s exchange or by forwarding or consigning to the exhibitor either by the renter or by some other person at the renter’s direction, and either by rail, steamer, post, or other means of transport, not being by air, as the renter may decide, and shall use its best efforts to have each and every film delivered to the exhibitor in time for the authorized exhibition on the exhibition date in said theatre: Provided that the renter shall not be liable in any way whatever for failure or delay in making delivery by reason of the elements, accidents, labour troubles, fires, Government Proclamations, ruling of censors, or by reason of any other delay, accident, or hindrance of whatever kind soever beyond the control of the renter.

(b) Possession: For the purposes of this agreement all films and accessories shall be deemed to be in the possession of the exhibitor from the time the exhibitor takes delivery from the premises of the renter or from the time the film is forwarded or consigned to the exhibitor as aforesaid until delivery by the exhibitor to the renter at the renter’s exchange, or consignment by any of the means of transport as aforesaid to another exhibitor notified to the exhibitor in writing by the renter.