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60 ORIGINAL PETITION^ EXHIBIT 3.
latter shall make such reports and royalty payments in gross as to all of the licensees to whom shipments of such '' licensed film" are made, and without specifying the number of running feet of 'licensed film" so shipped to any of them, either by a statement in writing of the number of such feet or the amount of royalties paid or to be paid by such manufacturer or manufacturers for or on account thereof.
The Licensor and Licensee further mutually covenant and agree that no royalty other than or in addition to that provided for in this paragraph shall l^e charged to or collected from the Licensee by the Licensor up to June 20, 1910, or during any renewal of this agreement up to August 31, 1914, the date of the expiration of said reissued Letters Patent Nos. 12037 and 12192, and no royalty whatever shall be charged to or collected from the Licensee by the Licensor after either the first, second, and third claims of said reissued Letters Patent Xo. 12037 and either of the claims of said reissued Letters Patent Xo. 12192, in any suit as hereinafter provided for, for infringement thereof, are held invalid by a court that last hears and decides such suit, or after August 31, 1914, during any renewal of this agreement; and that the Licensor shall charge royalties or rents for the use of all exhil^iting or projecting machines capable of exhibiting or projecting motion pictures on film of a width greater than approximately one (1) inch, containing the inventions, or any of them, described and claimed in the aforesaid Letters Patent X^os. 578185, 580749, 586953, 588916, 673329, 673992, 707934, 722382, 744251, 770937, 771280, 785205, and 785237, licensed by the Licensor and that all such royalties or rents shall be collected by the Licensor, directly or indirectly from the exhibitors using such machines, and shall be fixed by the Licensor and charged and collected from such exhibitors by the Licensor at such a rate as to average as nearly as possible a royalty or rental of two dollars ($2.00) per week for each such licensed machine in use.
5. The Licensee further covenants and agrees not to sell or otherwise dispose of or offer for sale, in the ''territory