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44 PART IV.
In the Vitagraph agreement the Vitagraph Co. agrees to assign six patents and the right to sue for past infringement, but it reserves the right to practice the inventions described in said patents without the payment of any royalty to the Patents Co. The Patents Co. agrees that it will not grant any license to manufacture exhibiting or projecting machines under any patents owned by it and covering such machines unless such licensee shall also accept a license to manufacture and sell exhibiting and projecting machines under the Vitagraph patents whether or not such licensee may thereafter make use of any of the inventions covered by said Vitagraph patents. The Patents Co. agrees to pay a royalty of $1 on each machine containing the inventions described in one or more of the Vitagraph patents, a royalty of $1 when the machine is capable of exhibiting by transmitted light, and a royalty on other kinds of machines.
It is provided that the agreement shall continue until the expiration of all the Vitagraph patents. Upon the termination of the agreement for any of the causes named, the Patents Co. shall reassign the patents to tlie Vitagraph Co. (Covt. Kx. 5, I, 16.)
7. The ni(nn(f((ctHr('rs' license a(jreenie)its entered ii'ifh the Motion Picture I\(tents Co. (IVt., ])p. l()-*2().)
At a meeting on the same day, l)eeem])er 18, 1908, 9 of the 10 manufacturers detVndants herein, licrciiiartcr called Patents Co. li('(Mis(»es," con