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G8 OEIGINAL PETITION, EXHIBIT 3.
positive motion picture containing the invention of said reissued Letters Patent No. 12192, or (3) sublease the same or any other positive motion picture on fihn of a greater width than approximately one (1) inch containing the invention of said reissued Letters Patent No. 12192, for use in giving motion-picture exhibitions at a lower lease price directly or indirectly than that prescribed by the Licensee at the time of the lease of such motion picture, and (4) that the lessee of such positive motion picture shall not remove the trade mark or trade name or title therefrom, and (5) that the lessee shall return to the Licensee from whom such positive motion picture has been leased (without any payment therefor except the transportation charges incident to the return of the same) on the first day of every month, beginning with February 1, 1909, an amount of positive motion pictures (on film of a greater width than approximately one (1) inch) in running feet (not leased by the Licensee over six months before) and of the make of the licensee, to whom it is returned, equal to the amount that was so leased during the sixth month preceding the date of each such return; with the exception, however, that where any such positive motion pictures are destroyed by fire or lost in transportation, and proof satisfactory to the Licensee is furnished as to such destruction or loss, the amount so destro3^ed or lost shall be deducted from the amount to be returned, as aforesaid.
It is further mutually covenanted and agreed by and between the Licensor and Licensee that the subleasing price aforesaid for subleasing of positive motion pictures, on film of a greater width than approximately one (1) inch, shall be fixed (and which may be changed in the same manner during the continuance of this agreement, as may also the fifth condition before recited in this paragraph) by a majority vote of the Licensee and the several additional licensees hereinafter provided for, or such of them as may at the time be licensees, on the basis of one vote for each thousand running feet of new subjects, on film of a greater width than approximately one (1) inch, offered for lease or sale in the ^Herritory aforesaid" by each licensee during the year preceding the taking of such vote.