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

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78 OKIGINAL PETITION^ EXHIBIT 3. of this agreement and the license granted thereby by either party, as provided for in paragraphs 19 and 21 of this agreement, and after the same have been terminated, no matter what the cause or manner of termination m_ay be, neither this hcense agreement, nor the fact that the Licensee has entered into or acted under it, shall be used in any manner, directly or indirectly, by or for the Licensor, its successors, assigns, or legal representatives, or by or for others with its or their consent or permission, against the Licensee, or the Licensee's successors or legal representatives, in any litigation, controversy, or proceeding involving the Licensee or them or any other persons, firms, or corporations, or in any other way, it beng understood and agreed that upon such termination the positions and rights of the Licensor and Licensee shall be the same as if this agreement had not been made; provided, however, that the rights of neither party shall be prejudiced by such termination in the recovery of damages for any breach or other violation of this agreement by the other occurring prior to such termination. In witness whereof the parties hereto have caused this agreement to be executed by their officers duly authorized to perform these acts, the day and year first above written. [seal.] Motion Picture Patent Company, By Frank L. Dyer, President. Attest : George F. Scull, Secretary. [seal.] American Mutoscope and Biograph Company, By J. J. Kennedy, President. Attest : W. H. Bruenner, Secretary.