3. If the Exhibitor shall fail to comply in any respect with the terms of this agreement, then the Corporation shall have the right, without notice to the Exhibitor, to sell or to offer for sale, at public or private sale, the space hereby leased; and the Exhibitor shall be liable for any deficiency, loss or damage suffered by the Corporation, by reason thereof, which loss, deficiency or damage, the Exhibitor agrees to pay to the Corporation, upon demand, together with any reasonable expenses and costs incurred by reason thereof. But it is mutually agreed that actual occupation of said space by a properly attended exhibit is of the essence hereof; and, should the Corporation be unable to effect a sale of the space herein provided, then, and in such event, the Corporation is expressly authorized to occupy, or cause said space to be occupied, in such manner as it may deem best for the interests of said fashion exposition, without any rebate, or allowance, whatsoever therefor to the Exhibitor, and without, in any way, releasing the Exhibitor from any liability hereunder; and the Exhibitor expressly agrees to pay to the Corporation the full sum hereinabove set forth.

4. Should the Corporation consider it inadvisable to hold the said fashion exposition at the time and in the place herein provided, then the Corporation shall have the right to change the date when and place where the same shall be held, by giving to the Exhibitor written notice thereof, by mail, addressed to the address given below, at as early a date as may be practicable.

5. The Exhibitor shall not, without the written consent of the Corporation, assign, or sublet, any part of said space.

6. The conditions, rules and regulations, which are printed on the reverse side hereof, are hereby made part hereof, and incorporated herein, and the Exhibitor agrees to be bound by each and every one of them; and the Corporation shall have full power, in the matter of interpretation, amendment and enforcement of all of said conditions, rules and regulations; and any such amendment, when made and brought to the notice of the Exhibitor, shall be, and become, a part hereof, as though duly incorporated herein, and subject to all the terms and conditions herein set forth.

7. No agreement with reference to the matters herein contained shall become a part hereof, unless duly endorsed hereon.

8. The Exhibitor agrees to exhibit shoes only.

IN WITNESS WHEREOF, the Corporation has signed this instru

ment, by its President, thereunto duly authorized, and has caused its corporate seal to be affixed, attested by its Secretary, and the Exhibitor has hereunto set his hand and seal, the day and year first above written.

CHARACTER OF EXHIBITS: The Management will prohibit the installation of any exhibit not approved of by it. Distribution by the Exhibitors of any printed matter, souvenirs, or other articles, shall be restricted to the space occupied by their exhibits.

BUREAU OF INFORMATION: Will open January 10, 1923, and will be located in the Main Lobby. All mail will be received there, and will be distributed to the Exhibitors as quickly as possible.

INSURANCE AND LIABILITY: Insurance, if desired, by the Exhibitors, must be obtained at their own cost and expense. The Management assumes no risk, and by the acceptance of this agreement, the Exhibitors expressly release the Management of, and from, any and all liability for any damage, injury, or loss, to any person, or goods, from any cause whatsoever.

RECEIPT OF GOODS: Goods will be received at the Shipping Entrance of the Exposition by Receiving Clerk there on duty. Goods should be plainly marked and ALL CHARGES PREPAID. This Receiving Office will open January 10, 1923, at 8 A.M., and all exhibits should be in place by 6 P.M., January 30, 1923.

CARE OF EXHIBITS: Exhibits must be cleaned and put in proper shape between the hours of 11 P.M. and 12 noon, each day. Cleaning, or arranging, of exhibits will not be permitted, at any other time. Booths not cleaned by noon each day will be cleaned by the Management, at the expense of the Exhibitors.

DECORATIONS, SIGNS, PLANS, ETC.: All decorations must be fire

proof. The price in this contract includes uniform booth with. rails and sign. No partitions, or railings, over four feet in height will be permitted between exhibition spaces, except upon written consent of the Management. Exhibitors will be permitted to place signs over their space, the top of which must not exceed ten feet from the floor, and the bottom of which must be eight feet from the floor.

Any special wiring, electrical or other work, gas or water connections, shall be done by the Exhibitors, who shall hire and pay the official decorator of the Exposition.

REMOVAL OF GOODS DURING EXPOSITION: No exhibit, or portion thereof, may be removed from the building, during the exposition, without the consent of the Management thereto in writing. Removal of goods from the building must be effected through the shipping entrance. This rule shall not apply to small articles, which make up cash sales.

EXHIBITION HOURS: The Exposition will open February 5th, 1923, at 7 P.M. and each day thereafter at 1 P.M., and will close at 11 P.M., every day up to and including March 5th, 1923..

TICKETS: General admission tickets will be sold at the Box Office at fifty cents each. Every Exhibitor will receive for distribution, free of all charge, two trade tickets for each dollar's worth

of space.

EMPLOYEES' PASSES OR BADGES: Will be issued, after payment shall have been made for space, upon receipt of a written application from Exhibitors, giving names and duties of employees constantly employed in their booths. Passes may, also, be obtained at the Bureau of Information, at any time after noon, January 10th, 1923.

REMOVAL OF GOODS: Exhibits must be removed from the build ing by noon, March 10th, 1923.

AMENDMENTS: All points not covered herein shall be subject to the decision of the Management, which shall bind the Exhibitors.

I hereby lease from you, upon the terms and conditions printed on the back hereof, the space on the east and south sides of the tile wall, adjoining Koe's Parcel Check Booth and Telegraph Office, near the Church Street entrance of concourse of the Doe Terminal Station, being seventy (70) inches long on the south side and thirty-six (36) inches long on the east side, by sixty (60) inches high and eighteen (18) inches deep, for a term of six (6) months, commencing March 5, 1923, and, in consideration thereof, I agree to pay you the sum of fifty ($50) dollars a month, in advance, during the term of this contract.

Richard Roe,

No. 371⁄2 Broadway,
New York City.

Doe Advertising Company agrees to lease the said space, for the term, and for the consideration, and upon the terms and conditions herein set forth.

Doe Advertising Co.,

By John Doe,
President.

(Reverse Side.)

1. The space shall be used by the Lessee only for the display of shoes in a show-case. Such show-case shall be supplied by the Lessee, but shall, before its installation, be approved by the Advertising Company for style, form and construction.

2. The Advertising Company shall not be responsible for the safety of the said show-case, or of its contents.

3. All signs and advertising matter used in the space shall be subject to the approval of the Advertising Company in respect of style and contents.

Cf. Roberts v. Lynn Ice Co. (1905), 187 Mass. 402, 73 N. E. 523.

4. A reasonable amount of electricity shall be supplied by the Advertising Company, for lighting the said show-case.

5. If, for any cause, before the termination of this contract, the Advertising Company shall cease to have the right to maintain, control, or continue the particular space herein specified, or any part thereof, the right is reserved by it to cancel this contract, and a pro rata reduction shall be allowed for the space discontinued. 6. All payments shall be made to Doe Advertising Company, or order.

7. This contract conveys no right to the Lessee to assign, or sublet, the space leased under it, or to require the Doe Advertising Company to let, or sublet, the space to any other party.

8. No verbal conditions made by any agents, not incorporated herein, shall bind either party hereto.

No. 209.

Agreement for subletting of store, with option to renew."

THIS INDENTURE, made January 5, 1923, by John Doe, residing at No. 112 Broadway, Borough of Manhattan, New York City (herein called the "Lessor"), and Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Lessee"), WITNESSETH:

WHEREAS, by an agreement, bearing date of January 5, 1922, the Koe Company, a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 572 Broadway, Borough of Manhattan, New York City, leased to the Lessor the store in the building No. 112 Broadway, Borough of Manhattan, New York City, for a term of eight years, to commence on January 5, 1922, and to end at noon on January 5, 1930, a copy of which lease is hereto annexed as "Exhibit A," and is hereby made a part hereof; and

WHEREAS, the Lessor desires to sublet the premises above described, leased by said agreement of January 5, 1922, and the Lessee agrees to accept such sublease:

NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED, as follows: 1. The Lessor hereby leases to the Lessee, and the Lessee hereby hires from the Lessor, the premises above described, at No. 112

• Cf. Bedford v. Terhune (1864), 30 N. Y. 453.