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

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OKIGINAL PETITION, EXHIBIT 3. 77 period shall be for the period from June 20, 1914, to August 26, 1919, the date of expiration of the Letters Patent No. 707934. It is further mutually covenanted and agreed by and between the Licensor and Licensee that if, during said original term or during any such renewal period, either party should, knowingly or through gross neglect or carelessness, be guilty of a breach, violation, or nonperformance of its covenants, conditions, and stipulations, resulting in substantial injury to the other party, and should, for the period of forty (40) days after notice thereof from the other party, persist therein or fail to correct, repair, or remedy the same, then and in such case the party aggrieved may terminate this agreement by giving notice in writing to the guilty party of its intention so to do. It is, however, mutually covenanted and agreed by and between the Licensor and Licensee, that if the guilty party should correct, repair, or remedy such breach, violation, or nonperformance of its covenants, conditions, and stipulations within the said period of forty (40) days after such notice, and should thereafter knowingly or through gross neglect or carelessness be guilty of a second breach, violation, or nonperformance of its covenants, conditions, and stipulations, resulting in substantial injury to the other party, then and in such case, the party aggrieved may terminate this agreement by giving thirty (30) days' notice in writing to the guilty party of its intention so to do. Such termination of the agreement, however, shall not prejudice either party hereto in the recovery of damages because of any such breach, violation^ or nonperformance by the other party hereto. 22. All notices provided for in this agreement shall be in writing and shall be given by delivering the same to the Licensor or Licensee, as the case may be, or to an officer of the Licensor or Licensee, as the case may be, or by depositing such notice, postage prepaid, in any post office of the United States, in a sealed envelope directed to the Licensor or the Licensee, as the case may be, at its last known post-office address, to be forwarded by registered mail. 23. It is mutually covenanted and agreed by and betw^een the Licensor and Licensee that after notice of the termination