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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1328 H. N. Marvin, Direct Examination. thereby by either party, as provided for in Paragraph 33, and after the same have been terminated, no matter what the cause or manner of termination may be, neither this license agreement nor the fact that the Licensee has entered into or acted under it, shall be used in any manner, directly or indirectly, by or for the Licensor, its successors, assigns or legal representatives, or by or for others with its or their consent or permission, against the Licensee, or the Licensee's successors or legal representatives, in any litigation, controversy or proceeding involving the Licensee or them or any other persons, firms or corporations, or in any other way; it being understood and agreed that upon such termination the positions and rights of the Licensor and Licensee shall be the same as if this agreement had not been made; provided, however, that the rights of neither party shall be prejudiced by such termination in the recovery of damages for any breach or other violation of this agreement by the other occurring prior to such termination. In witness whereof, the parties hereto have caused this agreement to be executed by their officers duly authorized Co perform these acts, the day and year first above written; it being noted that it contains no paragraphs numbered 11, 13, 17, 19, 22, 26, 29, 30 and 34. MOTION PICTURE PATENTS COMPANY, By [Seal.]| H. N. Marvin, President. George Kleine. Attest : George F. Scull, Secretary. Witness : Fred. Hawley. By Mr. Kingsley: Q. I show you a copy of a supplemental license agreement between Motion Picture Patents Company and American Mutoscope & Biograph Company, dated January 26, 1909, and ask you if that was executed by the Motion Picture Patents Company and by the Biograph Company? A. It was.