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

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OKIGINAL PETITION, EXHIBIT 3. 75 after acquire or control, upon the payment of additional license fees or royalties to be fixed by the Licensor, and subject to similar conditions and restrictions and the placing upon the machines of plates containing such conditions and restrictions as are provided for in this paragraph respecting exhibiting or projecting machines made and sold under the letters patent now owned by the Licensor mentioned in this paragraph, the royalty or license fee, and all other conditions and restrictions of such last-named licenses to be the same for the Licensee and svich other licensees. It is mutually covenanted and agreed, however, by and between the Licensor and Licensee that the Licensor shall have the right to grant, and that it will grant, licenses to persons, firms, and corporations upon their request (including the Licensee) to m.anufacture and sell exhibiting or projecting machines containing the inventions described and claimed in the aforesaid letters patent now^ owned by the Licensor, capable of exhibiting or projecting, by reflected light, animated pictures on film of any width, but not capable of exhibiting or projecting the same by transmitted light, upon the payment of a royalty or license fee not to exceed 5 per cent of the net retail selling price of each such machine, and upon the condition that they be used only in places where no admission fee is charged, which condition shall appear on a plate to be attached to each such machine ; and also that it will grant licenses to such persons, firms, and corporations to manufacture and sell such exhibiting or projecting machines containing the inventions described and claimed in any letters patent that the Licensor may hereafter own or control, subject to similar conditions or restrictions and upon the payment of additional license fees or royalties to be fixed by the Licensor; the royalty or license fee, and all the conditions and restrictions of all such licenses, to be the same for the Licensee and such other licensees. 20a. It is further mutually covenanted and agreed by and between the Licensor and Licensee that in case the Licensor should be notified by the Licensee or it should otherwise come to its knowledge that any such additional