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H. N. Marvin, Direct Examination. 1325
than approximately one and one-eighth (1%) inch, and also such machines not capable of exhibiting or projecting motion pictures on film of a greater width than approximately one and one-eighth (1%) inch, as will be able to supply the demand for the same.
The Licensor further covenants and agrees that it will not charge any such person, firm or corporation manufacturing and selling any such machine capable of exhibiting or projecting motion pictures on a film of a width greater than approximately one and one-eighth (1%) inch, more than Five Dollars ($5.00), as a license fee for the sale of each such exhibiting or projecting machine sold by any such person, firm or corporation.
The Licensor further covenants and agrees that it will grant a license to the Licensee, upon his request, to manufacture and sell exhibiting or projecting machines under the Letters Patent referred to, and upon the condition as to the payment of the license fees or royalties and other conditions and restrictions, and will not grant licenses thereunder to others on any more favorable terms or conditions, except the Biograph Company aforesaid, which is not to pay any such license fees or royalties; and will also grant a license to the Licensee to make and sell exhibiting or projecting machines under any other Letters Patent and containing the inventions described and claimed therein that the Licensor may hereafter acquire or control, upon the payment of additional license fees or royalties to be fixed by the Licensor, and subject to similar conditions and restrictions and the placing upon the machines of plates containing such conditions and restrictions as are fixed by the Licensor, and that it will not grant such licenses to others on any more favorable terms or conditions.
The Licensor further covenants and agrees that it will, on request of the Licensee, enter into an agreement with the Licensee giving the Licensee the right to sublet motion pictures (from as many distributing points as the Licensee may desire) for use on projecting machines containing the inventions, or some of them, of said Letters Patent Nos. 578,185, 580,749, 586,953, 588,916, 673,329, 673,992, 707,934, 722,382, 741,251, 770,937, 771,280, 785,205 and 785,237, on terms and conditions to be prescribed by the Licensor, which terms and conditions shall be at least as