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496 HARVARD BUSINESS REPORTS
ii. (Exhibitor to obtain additional equipment or spare and renewal parts from the X Company and pay its charges.)
12. (Exhibitor to exercise care to prevent use of equipment in unsatisfactory condition.)
13. The exhibitor may use the equipment for the electrical reproduction of sound from films or records, whether or not such films or records have been produced by the X Company, or in accordance with the recording process of the X Company; provided, however, that the Exhibitor shall not be entitled to use upon or in connection with the equipment any sound films or sound records made by any recording process other than the process of the X Company, if such use might injure the equipment or tend to impair the efficiency or quality of reproduction of the equipment, or be in any way detrimental to the reputation of the X Company's products, or involve the X Company in any liability to any person whomsoever.
14. (Identification of X Company recording process to be maintained on film or record in reproduction.)
15. (Theater to be open to representatives of X Company.)
16. (X Company to be under no liability to Exhibitor or Theater employees for loss or damage, consequential or otherwise, except as specifically provided in section 17.)
17. The X Company will, subject to the provisions hereof, at its own expense defend any and all actions and suits which may, during the term hereof, be brought against the Exhibitor for infringement of patents by reason of the employment by the Exhibitor of apparatus and equipment furnished by the X Company hereunder and used for the purpose and in the manner contemplated by this agreement . . .
18. (Provision for removal of equipment at expense of Exhibitor by reason of expiration of agreement by lapse of time or upon earlier termination pursuant to any provision of the agreement.)
19. (Agreement and license shall be terminated by expiration on specified date or by failure to make any payment or to comply with requirements.)
20. (Provision for removal of reinstallation of equipment in the event that Exhibitor ceases to operate the Theater.)
21. (Right of assignment to the X Company but not to the Exhibitor without the written consent of the X Company.)
22. (Agreement contains the entire understanding of the parties hereto with reference to the subject matter hereof.)
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed by their duly authorized officers in the City and State of New York, the day and year first above written.
SCHEDULE A
Description of the Equipment covered by the foregoing Agreement. The contract offered by Electrical Research Products, Incorporated, differed from that of RCA Photophone, Incorporated, in