The United States of America, petitioner, v. Motion Picture Patents Company and others, defendants (1912)

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OKIGINAL PETITION, EXHIBIT 3. 69 The Licensee further covenants and agrees that in the ^'lease territory aforesaid" the Licensee will not discriminate in favor of any lessee, or place upon any motion pictures any restrictions other than those specified in this paragraph and paragraph 7 hereof, unless authorized 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. 18. The Licensee covenants and agrees that in the ^^ease territory aforesaid" the Licensee will dispose of the positive motion pictures, on film of a greater width than approximately one (1) inch, manufactured, produced, or printed by the Licensee, only by the sale ^'for export" and shipment thereof into '^said export territory" or by the lease thereof to others for the purpose only of either subleasing the same to persons, firms, or corporations using such motion pictures for giving exhibitions thereof in exhibiting or projecting machines licensed by the Licensor containing the inventions, or some of them, described and claimed in said Letters Patent Nos. 578185, 580749, 586953, 588916, 673329, 673992, 707934, 722382, 744251, 770937, 771280, 785205, and 785237, or in letters patent hereafter acquired or controlled by the Licensor, or of using the same in such machines so licensed ; and will not use the same for the purpose of giving exhibitions thereof for profit, directly or indirectly; it being expressly understood and agreed by and between the Licensor and Licensee, however, that the Licensee shall be at liberty to give exhibitions of such positive motion pictures v/ithout profit, directly or indirectly, and to possible or prospective lessees or purchasers thereof; and the Licensee further covenants and agrees not to knowingly allow positive motion pictures, on film of a greater width than approximately one (1) inch, manufactured by the Licensee under this agreement, to be leased for use with any exhibiting or projecting machine not licensed by the Licensor under the letters patent mentioned in this paragraph, and that it may hereafter acquire or control, or one or more of them, except by and with the consent of the Licensor; and also to refrain from supplying such motion pictures manufactured or imported under this agreement, for use with any exhibiting or projecting machine the