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3 <br />9.Release of Material: Any party (e.g. prosecutors, law enforcement agencies, defense counsel, plaintiff’s counsel, <br />etc.) may attempt to subpoena Material from the Series, and in the event the requested Material exists, all such <br />requests shall be treated equally without regard to the status of the requesting party (e.g. a request by the defense <br />counsel shall receive the same consideration as a request from a prosecutor’s office). No representations or <br />warranties are made hereunder that Material will be provided except if required by a final and binding court order <br />from a court of competent jurisdiction. Under no circumstances should EPD or its representatives construe this <br />agreement as Producer serving as an extension of EPD for the purpose of obtaining additional audio/visual evidence <br />in any matter in which Producer is present. EPD and Producer acknowledge that it is Producer’s policy that in the <br />event a timely preservation notice is received by Producer via email (at the email address <br />notices@halfmoonusa.com) prior to the end of the Retention Period, Producer will preserve Materials identified in <br />such notice that may be in Producer’s possession as set forth hereunder. Such Materials shall be preserved pending <br />receipt of a validly served and enforceable subpoena in the jurisdiction and under the laws of the state where the <br />Materials are maintained, which the parties acknowledge and agree shall be in the State of New York and pursuant <br />to New York state law, and thereafter shall be preserved in accordance with the requirements of the subpoena (as <br />applicable). In the event Producer is not validly served or an enforceable subpoena is not received within six (6) <br />months of such preservation notice, or unless prior to the expiration of the six (6) months, Producer receives a <br />request to preserve the Materials for a greater period of time, Producer shall no longer be required to preserve such <br />Materials. Nothing herein shall constitute a waiver of Producer’s right to object to the subpoena, whether on the <br />basis of privilege or any other grounds. <br />10.Credit. EPD acknowledges that any credits or other identification of EPD that Producer may furnish in connection <br />with the Series or otherwise shall be at Producer’s sole discretion. Notwithstanding the foregoing, Producer agrees <br />to accord EPD an on-screen credit in substantially the form “Special Thanks to the Everett Police Department” in <br />accordance with the Network’s then-current credit policies, for all Series episodes in which EPD personnel and <br />activities are depicted. Producer shall determine the size, position, manner of presentation and all other matters <br />with respect to such credit in its sole discretion. No casual or inadvertent failure by Producer, nor any failure by <br />any third party, to accord such credit shall be deemed a breach of this Agreement by Producer. <br />11.No Obligation to Proceed. EPD acknowledges and agrees that Producer is not obligated to actually access EPD <br />Property or produce the Series or include the Material in the episode of the Series for which it was prepared or <br />otherwise exercise any or all of Producer’s rights hereunder. <br />12.No partnership. It is expressly understood and agreed that Producer’s role in the Series is that of a neutral third- <br />party documenting law enforcement activity. The parties do not by this Agreement intend to form an employment <br />relationship or a partnership or joint venture between them and in no event shall this Agreement be construed to <br />constitute such an employment relationship, partnership or joint venture. EPD and EPD Personnel shall at all times <br />continue to independently conduct their operations and activities as they customarily operate, without regard to, or <br />as a result of, the filming, recording and production of the Series. EPD shall not make any requests to any party it <br />encounters on behalf of Producer. <br />Producer and EPD further acknowledge and agree that the parties are fully independent of one another and not <br />collaborating in any capacity hereunder in connection with the Series or any law enforcement activities that occur <br />while Producer is documenting the activities of EPD or otherwise. In connection with the Series or as otherwise <br />set forth hereunder, Producer shall not willfully participate in any joint activity with EPD and Producer has not and <br />will not render any services hereunder under the color of any statute, ordinance, regulation, custom or usage of any <br />State or Territory, or under the authority of EPD in any capacity, as governed by 42 U.S.C. § 1983 or otherwise, <br />and EPD will not request Producer’s participation in any joint activity or services, with or on behalf of, EPD.