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Docusign Envelope ID: FD616E7E-3155-4C4C-A06A-ACFDO1 F6FF28 <br /> compensate Producer or the broadcast network for the unauthorized use or disclosure of <br /> the Confidential Information and that injunctive or other equitable relief would be appropriate <br /> to prevent any improper actual or threatened use or disclosure of the Confidential <br /> Information or other breach of this Agreement. Owner understands that Producer's ability to <br /> seek and obtain injunctive or other equitable relief hereunder is without prejudice to <br /> Producer's right and ability to seek and obtain monetary damages in the event of any <br /> improper actual or threatened use or disclosure of the Confidential Information or other <br /> breach of this Agreement. <br /> The date that Producer takes possession of the Property and any and all obligations of the <br /> parties hereto shall be postponed for a period equal to the period of any "force majeure", <br /> (e.g., Act of God, fire, pandemic, epidemic, earthquake, hurricane, volcanic eruption, strike <br /> or other labor controversy, law or other governmental regulation which hinders or prevents <br /> Producer's normal business operations or production of the Program), plus such additional <br /> period of time as Producer may reasonably require to recommence production of the <br /> Program. Such postponement will be rescheduled for dates and times as are reasonably <br /> and mutually agreed upon by the parties. If the buildings and/or structures on the Property <br /> or any material part thereof are destroyed by fire, storm or other casualty, not caused by <br /> Producer, or are taken by eminent domain, or Producer is unable to reschedule or must <br /> abandon production of the Program owing to such force majeure, then this Agreement shall <br /> terminate upon the date of such casualty or taking and Owner shall immediately return to <br /> Producer such portion of the compensation paid by Producer as is attributable to the period <br /> from and after the date of such casualty or taking, as applicable. It is hereby agreed between <br /> the parties that if such casualty or taking relates only to a portion of the Property and <br /> Producer reasonably determines, in Producer's sole and absolute discretion, that the <br /> remaining portion can still be used by Producer pursuant to this Agreement, this Agreement <br /> shall continue and the compensation shall be reduced in proportion to the part of the <br /> Property which is no longer available for Producer's use in light of such casualty or taking, <br /> as applicable. <br /> In the event of any termination of this Agreement, pursuant to an event of force majeure or <br /> otherwise, should the amounts paid to Owner by Producer exceed the amount owed <br /> pursuant to the terms and conditions set forth herein, Owner will promptly refund to Producer <br /> the amounts of such excess within ten (10) business days after Producer's written demand <br /> therefor. <br /> If any portion of this Agreement is deemed to be invalid, illegal or unenforceable for any <br /> reason, the remaining provisions shall nevertheless remain in full force and effect and this <br /> Agreement may be signed in counterparts, and signatures received by facsimile shall be <br /> enforceable as if such signatures were original signatures. <br /> This Agreement shall be governed by the laws of the State of Hawaii without regard to the <br /> principles of conflicts of laws. <br /> This Agreement is the entire contract. No other authorization is necessary to enable <br /> Producer to use the Property for the purpose contemplated. Nothing in this contract shall <br /> limit or restrict any rights otherwise enjoyed by Producer under law or contract. <br /> 7 <br /> 3124861_1 <br />