2748
THE NEW ZEALAND GAZETTE.
[No. 107

which the right conferred on the renter by this
present paragraph (i) shall be deemed to arise are
as follows :—

(i) Any cause beyond the control of the renter.
(ii) The loss or destruction of the film, or such
damage thereto as to render it unfit for exhibition.
(iii) If in the opinion of the renter the delivery
of the film would or might involve the renter or the
exhibitor in a suit, action, or proceeding by any
person claiming any interest in copyright or any
other right or interest affecting the film.
(iv) If difficulties arise between the renter or its
suppliers on the one hand and any person holding
or claiming to hold any interest in copyright or any
other right or interest affecting such film on the
other hand, which in the opinion of the renter may
render it unprofitable or inexpedient from the point
of view of the renter to deliver such film.

(j) Any change by the renter of the name or title of any
film shall not by reason only thereof be deemed to
constitute such film a substitute film.

(k) Subject, however, to the provisions of subclause (e)
hereof, if the renter releases during the said film-
renting season a lesser number of films than he
contracts to supply hereunder, the exhibitor shall
not be entitled to require the renter to make good
the deficiency or any part thereof out of films which
are acquired by the renter bona fide for release by
the renter in a subsequent season.

(2) Time and Place of Exhibition.

The exhibitor agrees to exhibit the said films, but only at
the theatre or theatres hereinbefore specified on the exhibi-
tion date or dates fixed in the said Schedule or determined
as herein provided, and save with the consent of the renter
not to allow any print thereof to leave the exhibitor’s posses-
sion during the period specified for the exhibition thereof by
the exhibitor, nor to exhibit or permit the exhibition of any
such print at any other time or place. Unless otherwise
provided herein, the exhibitor will not, without the written
consent of the renter, exhibit any of the said films on any
Sunday or between the hours of 11.45 p.m. on any day and
6 a.m. on the following day. In the event of the exhibitor
in breach of this clause exhibiting or permitting the exhibition
of the said films or any of them either at the said theatre or
theatres or at any other theatre at a time or times other than
as authorized in terms of this clause, the exhibitor shall pay
to the renter by way of liquidated damages a sum equal to
five times the additional film hire that would have been
payable to the renter had such unauthorized exhibition been
part of and included in the exhibition period contracted for
hereunder. 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 :
Provided, however, that the exhibitor shall not be liable for
damages where he is able to prove that the exhibition of any
such film was occasioned through emergency caused other
than by his act or default and provided that before exhibiting
and/or permitting the exhibition of such film he shall forward
notice of his intention so to do to the renter.

(3) Designation of Play Dates.

Unless the Schedule hereto designates the screening dates
then, on the execution of this agreement or thirty days before
the commencement of the exhibition period, the exhibitor
may give written notice to the renter designating the dates
during the first three months of such period on which he
can take and exhibit a proportionate number of the films the
subject of the contract, and he may give the like notice thirty
days before each succeeding three months of such period. If
the exhibitor fails to give any such notice the renter may
designate the dates for exhibition of the said films during the
relative three-monthly period, and in either case such designa-
tion shall be binding on both parties. No such designation
of dates by the exhibitor shall entitle him to appropriate
particular films to particular dates, the intention being that
the renter shall determine the allocation of films to the dates
so designated.

(4) Payment Clause.

(a) Flat Rentals: Subject in the case of percentage
bookings to the special provisions specified in
paragraph (b) hereof (which shall be deemed to
apply only to the percentage portion of the hire),
the hire payable for each film, together with all
advertising, freight, and other charges, shall be
paid free of exchange to the renter not less than
three days in advance of the date of despatch from
renter’s exchange or from the last previous exhibitor.

(b) Percentage Bookings: In any case where the hiring
fee is to be computed entirely or in part upon the
gross admission receipts of the said theatre, the
exhibitor shall pay to the renter within seven days
of the first authorized exhibition date, or if the

exhibition 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 exhibi-
tion 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 reasonable sum of money based upon
the estimated hiring fee or balance thereof, as the
case may be. 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 an itemized statement duly certified by the
ticket seller or sellers and the theatre manager of
the daily gross admission receipts for the exhibition
date or dates of each film for which payment is so
required to be made. 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 con-
dition 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 extension of priority of exhibition over other
exhibitors.

(6) Liquidated Damages: Percentage Hiring.

If this agreement calls for payment computed either in
whole or in part upon a percentage or varying percentages
of the exhibitors gross admission receipts and if the exhibitor
fails or refuses to exhibit such film as provided in this agree-
ment 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
or percentages 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. An itemized statement of the said daily
gross admission receipts certified in manner aforesaid 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: Provided, however, that if the
exhibitor is able to prove to the satisfaction of the renter
that his failure to exhibit such film as provided in this agree-
ment was for any cause beyond his control, the renter under-
takes upon receipt of payment of the liquidated damages as
aforesaid (in addition to any fixed sums payable hereunder
in respect thereof) 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
extension of priority of exhibition over other exhibitors that
may be conferred upon him by this agreement. In the
event of any dispute under this clause the matter shall be
determined by arbitration.