Part 35 - Correspondence from the BBC

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Dear Mr. Bernard,

This letter follows on our conversations on the 9th with respect to the possible commission of a second season of 'The New Doctor.' As discussed, next year's schedule is still in development. The BBC may have available slots for program series of six or thirteen episodes. With respect to 'The New Doctor' no decisions have been made. The matter is contingent upon receipt of an acceptable proposal from Millenium Productions, and satisfactory ratings and audience satisfaction reviews for the existing season. Based on the first few episodes telecast, it does seem positive.

With respect to negotiations with BBC Enterprises, we can be of no assistance, they are a separate entity. However, we have every confidence in you ability to reach a satisfactory arrangement in the near future.

In respect of our subsequent discussions on the 14th, we regret to advise you that the BBC program schedule is fixed, there will be no amendments. Our expectation is that you will have your deliverables as described in the Letter of Agreement, for the dates set out in Schedule "A" to this agreement. The position of management is that these dates will not be rescinded or amended, and alternate dates will not be offered. Fundamental to the Letter of Agreement is that all parties will abide by the terms and conditions therein.

With respect to same, we have taken the liberty of referring the matter to the BBC's legal staff. We are informed that failure to render deliverables by any due date would amount to an actionable breach of contract, the nature of which would be to void performance obligations on the balance and place the BBC in the position of seeking damages. Obviously, funds outstanding and payable would be withheld until the issues of breach and damages had been fully resolved.

I trust that this makes the BBC's position clear.

yours truly

Peter Creegan

Director of Programming

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