In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

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II. N. Marvin, Direct Examination. 1327 substantial injury to the other party, and should, for the ^ period of forty (40) days after notice thereof from the other party, persist therein or fail to correct, repair or remedy the same, then and in such case the party aggrieved may terminate this agreement by giving notice in writing to the guilty party of its intention so to do. It is, however, mutually covenanted and agreed by and between rne Licensor and Licensee that if the guilty party should correct, repair or remedy such breach, violation or non-performance of its covenants, conditions and stipulations within the said period of forty (40) days after such notice, and should, thereafter knowingly or through gross neglect or carelessness be guilty of a second breach, violation or non-performance of its covenants, conditions and stipulations, resulting in substantial injury to the other party, then and in such case, the party aggrieved may terminate this agreement by giving thirty (30) days' notice in writing to the guilty party of its intention so to do. Such termination of the agreement, however, shall not prejudice either party hereto in the recovery of damages because of any such breach, violation or non-performance by the other party hereto. o 35. It is further mutually covenanted and agreed by and between the Licensor and the Licensee that the agreement between the Licensor and the Licensee, referred to in paragraph 2/j, together with any and all agreements modifying the same, be and the same hereby is terminated as of June 19, 1913. 36. All notices provided for in this agreement shall be in writing and shall bo given by delivering the same to the Licensor or Licensee, as the case may be, or to an officer 4 of the Licensor or Licensee, as the case may be. or by depositing such notice, postage prepaid, in any Post-office of the Uinted States, in a sealed envelope directed to the Licensor or the Licensee, as the case may be, at its last known Post-office address, to be forwarded by registered mail. 37. It is mutually covenanted and agreed by and between the Licensor and Licensee thai after notice of the termination of this agreement and the license granted