YORK BEFORE
RESORTING TO ARBITRATION.
(B)
IN THE EVENT THAT ANY DISPUTE, ARISING FROM
OR RELATING TO THIS AGREEMENT OR THE BREACH THEREOF, HAS NOT BEEN RESOLVED BY
THE PARTIES HERETO IN ACCORDANCE WITH PARAGRAPH 15.(A) ABOVE, SUCH DISPUTE SHALL
BE SETTLED BY ARBITRATION IN NEW YORK, NEW YORK IN ACCORDANCE WITH THE FOLLOWING
PROVISIONS:
(I)
ALL NOTICES AND PROCESS IN CONNECTION
WITH SUCH ARBITRATION SHALL BE SERVED BY CERTIFIED OR REGISTERED MAIL, RETURN
RECEIPT REQUESTED (OR COMPARABLE METHOD OF MAILING OR DELIVERY) TO THE PARTIES
AT THEIR ADDRESSES FOR NOTICES AS DESCRIBED ABOVE, AND SHALL BE DEEMED GIVEN
UPON THE MAILING THEREOF IN SUCH MANNER;
(II)
THE LICENSEE AND LICENSOR SHALL JOINTLY
APPOINT A SINGLE ARBITRATOR, OR, IF THE LICENSEE AND LICENSOR CANNOT AGREE UPON
A SINGLE ARBITRATOR WITHIN FIFTEEN (15) DAYS AFTER SERVICE OF NOTICE OF
INTENTION TO ARBITRATE, THEN THE AMERICAN ARBITRATION ASSOCIATION SHALL APPOINT
A SINGLE ARBITRATOR PROMPTLY AFTER THE END OF SUCH FIFTEEN (15) DAY PERIOD;
(III)
AMONG THE POWERS OF THE ARBITRATOR SHALL BE
THE RIGHT AND POWER TO INTERPRET AND CONSTRUE THIS AGREEMENT AND ALL OF ITS
PROVISIONS, TO AWARD DAMAGES AND SUCH OTHER RELIEF AS TO HIM OR HER SHALL APPEAR
JUST, AND TO AWARD LEGAL FEES AND EXPENSES TO THE PREVAILING PARTY AS DETERMINED
BY THE ARBITRATOR.
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE RULES THEN IN
EFFECT OF THE AMERICAN ARBITRATION ASSOCIATION SHALL GOVERN ANY ARBITRATION
HEREUNDER;
(IV)
THE ARBITRATOR SHALL RENDER HIS OR HER DECISION
AS SOON AS POSSIBLE AFTER THE LICENSEE AND LICENSOR HAVE BOTH FINISHED
PRESENTING EVIDENCE AND SUBMITTING BRIEFS TO THE ARBITRATOR;
(V)
THE DECISION OF THE ARBITRATOR SHALL BE
FINAL, AND SHALL NOT BE APPEALABLE TO ANY OTHER BODY EXCEPT AS OTHERWISE
PROVIDED BY LAW.
THE ARBITRATOR'S DECISION MAY BE ENTERED IN ANY COURT HAVING
COMPETENT JURISDICTION.
9
16.
GENERAL.
(A)
LICENSEE ACKNOWLEDGES THAT TELECASTS OR
RELEASES OF THE LICENSED PICTURES ORIGINATING OUTSIDE ITS BASIC TERRITORY MAY BE
RECEIVED BY TELEVISION SETS LOCATED WITHIN SUCH BASIC TERRITORY AND LICENSEE
AGREES THAT SUCH RECEPTION SHALL NOT CONSTITUTE A BREACH OF THIS AGREEMENT BY
LICENSOR.
(B)
SUBJECT TO THE PROVISIONS OF PARAGRAPH 14
HEREOF, THIS AGREEMENT AND ALL OF ITS TERMS, CONDITIONS AND OTHER PROVISIONS AND
ALL RIGHTS HEREIN SHALL INURE TO THE BENEFIT OF AND SHALL BE BINDING UPON THE
PARTIES HERETO AND TO THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
(C)
THE TITLES OF THE PARAGRAPHS OF THIS
AGREEMENT ARE FOR CONVENIENCE ONLY AND SHALL NOT IN ANY WAY AFFECT THE
INTERPRETATION OF ANY PARAGRAPH OF THIS AGREEMENT OR OF THE AGREEMENT ITSELF.
(D)
TIME IS OF THE ESSENCE IN THE PERFORMANCE BY
LICENSEE OF ITS OBLIGATIONS FOR PAYMENT HEREUNDER.
(E)
A WAIVER BY EITHER PARTY OF ANY OF THE TERMS
OR CONDITIONS OF THIS AGREEMENT IN ANY INSTANCE SHALL NOT BE DEEMED OR CONSTRUED
TO BE A WAIVER OF SUCH TERM OR CONDITION FOR THE FUTURE, OR OF ANY SUBSEQUENT
BREACH THEREOF.
ALL REMEDIES, RIGHTS UNDERTAKINGS, OBLIGATIONS AND AGREEMENTS
CONTAINED IN THIS AGREEMENT SHALL BE CUMULATIVE