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70 OKIGINAL PETITION^ EXHIBIT 3.
license for which, under the aforesaid letters patent, or one or more of them, has been terminated, and the Licensee has been notified thereof b}^ the Licensor; and also to refrain from suppl3dng such motion pictures manufactured and imported under this agreement to an}^ lessee who may sublet such motion pictures to persons, firms, or corporations using the same for giving exhibitions thereof in exhibiting or projecting machines not licensed by the Licensor as aforesaid, or the license for which has been terminated and the Licensee has been notified by the Licensor that sniy such lessee continues to so sublet such motion pictures after being notified by the Licensor not to do so; and the Licensor covenants and agrees to promptly notify any such lessee who may so sublet such motion pictures, after it has knowledge of an}^ such subletting, and to notif}' the Licensee and the additional licensees hereafter provided for, or such of them as may at the time be licensees, of the termination of any license for the use of any exhibiting or projecting machines under the aforesaid letters patent, or an}^ of them, and of any such lessee who may so sublet such motion pictures, after being notified by it not to do so, and to compel all such additional licensees to refrain from supplying motion pictures for use with any such exhibiting or projecting machine the license for which has been so terminated, or to any such lessee.
19. The Licensor and Licensee further mutually covenant and agree that the Licensor shall and will, during the continuance of this agreement, promptly institute suits against any and all infringers of the letters patent, or any of them, mentioned in this agreement, on the request of a majority of the licensees, including the Licensee and the several additional licensees hereinafter provided for, or such of them as may at the time be licensees, and will thereafter diligently prosecute any such suit or suits to final hearing and decision; all expense connected with the institution and prosecution of such suit or suits to be borne by the Licensor, who shall also be entitled to receive and apply to its own use all recoveries had therein for damages and profits.