13. The Producer shall supply to the Distributor first class lithographs of each production printed in the English language, at........per sheet, in such quantities as may be required by the Distributor, provided the Producer has the same in stock, delivery to be made in........and payments thereof to be made upon presentation of shipping documents.
14. In the event that the Distributor at any time makes default, (a) in paying the Producer the advances or any of them, mentioned in paragraph "8" provided to be paid; (b) for thirty days, in paying to the Producer the guarantee, or any of them, hereinbefore provided; (c) in paying the percentages, or any of them, as hereinbefore provided; (d) in furnishing the Producer full, true and correct statements, as hereinbefore provided; (e) in accepting delivery and paying for prints, as hereinbefore provided; (f) in keeping books of account, as herein before provided; (g) in giving the Producer free access to the books, as hereinbefore provided; (h) in exhibiting the productions of the Producer, or either of them, outside of the territory hereinbefore described; (i) in assigning its interest in this agreement by either voluntary or involuntary act; or should the Distributor file a petition in bankruptcy or be adjudicated a bankrupt, then, on the happening of any one or all of said defaults or events, the Producer may at its option terminate this agreement by giving ten days' notice to the Distributor declaring its intention so to do, and may then seize and take wherever found, any and all prints thereto before furnished by the Producer to the Distributor, and the Producer may also enjoin in any Court or Courts having jurisdiction, the use of any or all prints furnished by the Producer to the Distributor under the agreement.
The rights and remedies hereinbefore last given to the Producer are in addition to and not in lieu, in limitation or in derogation of the rights and remedies in this agreement otherwise granted or by law created and vested in the Producer, and any waiver by the Producer of any breach by the Distributor, whether such waiver be direct or implied, shall not be construed to be a continuing waiver or a waiver of, or consent to any subsequent breach on the part of the Distributor.
15. This contract being signed and entered into in........, it is agreed that the law to be applied to any matters arising hereunder shall be that of the State of............and of the
United States of America.
16. In the event that the Distributor is prevented from showing or exhibiting the prints or any production delivered to it, by a Court of competent jurisdiction, or by the Board of Censors, it shall have the right to immediately return the prints of said production and choose another production made by the Producer in place of the one so returned, provided that the Producer has an available substitute production; or it shall have the right to return the said prints of said subjects and the advance payment made thereon shall be returned to it, but any such return shall be made within twelve weeks from the date thereof.
17. The Distributor shall, at its own expense and cost, take care of all advertising that may be needful or proper for the exploitation and distribution of the product of the Producer and in all advertising it shall subordinate its own name to the production and/or productions advertised, and in every advertisement of a production and or /productions, the name of the Producer thereof (.........Company or the........Company or both, as the case may be) shall appear in reasonably conspicuous type and position. In general, advertising space used by the distributor in any newspaper, periodical, circular or other advertising medium shall be divided so that four-sevenths thereof will be devoted to the product of the........Company and three-sevenths to the product of the........Company,
The intent and purpose of this provision is found in the agreement between the parties that the best results will be attained by the Distributor's concentrating upon advertising the productions of the Producer.
Nothing in this paragraph contained, however, shall apply to lithographs, it being understood and agreed that the lithographs to be used by the Distributor shall be the lithographs supplied by the Producer under clause "13" of this agreement, unless the Producer shall be unable to supply the same as in said clause contemplated, in which event the lithographs or printed bills used in place thereof shall bear the name of the production, the star, the Producer and the Distributor in such manner that the Distributor's name shall be subordinated to both the name of the production and the name of the Producer thereof.
The Distributor agrees that it will, at no time advertise in a manner to create the impression that the Distributor is the Producer of or "presents" any of the productions of the Producer.
18. All payments to be made hereunder by the Distributor to the Producers shall be made in respect to the productions of each at the office of each in the City of........, promptly in
19. It is agreed that the Distributor is not the representative of the Producer in any manner whatever, and the Distributor agrees that it will not so hold out, either by advertising or otherwise, to the public or to any person whomsoever, and that the Producer shall not be liable for or bound by any representation, act or omission whatever of the Distributor.
It is further agreed that this agreement in no wise constitutes a partnership between the parties hereto; this agreement is declared to be personal in respect to each of the parties and it is agreed that neither shall assign the same, without the written consent of the others.