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Ag % Biograph Co. and Kleine, Feb. 18, 1908. 143
any and all suits for past, present and future infringement of patent or patents upon moving or motion picture films covered by this agreement that may be brought against any of the parties of the second, third and fourth parts, their customers and vendees, and hold them harmless therefrom; and it further agrees that all films covered by this agreement shall be treated equally as favorably as films of the party of the first part with respect to patents of the said first party upon projecting machines.
6. All of the parties hereto agree that the term of this agreement shall be seven years from the date hereof; and that at the end of seven years its obligations shall forthwith terminate except (1) as to pecuniary obligations incurred but not discharged at the date of expiration, and (2) in the event that there shall then be any patent infringement suit such as is specified in the paragraph numbered 5 hereof pending and undetermined at such date of expiration, in which event the obligation resting upon the party of the first part with reference to such suit shall continue so long as the payments provided for herein shall continue.
7. It is agreed by the parties of the second, third and fourth parts severally that, immediately upon the threat or actual commencement of patent litigation against them or any of their customers or vendees involving positive or negative films imported into this country or positive films printed in this country for imported negatives as alleged infringements of any patent, they will give notice thereof to the party of the first part and they will do all things necessary or desirable to enable the party of the first part to take immediate charge of such litigation in its own name and at its own expense and through its own counsel.
8. It is agreed by all the parties hereto that others situated substantially the same as the parties of the second, third and fourth parts, may be admitted to the benefits and privileges of this agreement upon terms not more favorable to such others than are herein set forth, provided that such proposed parties are handling marketable imported films or films manufactured from marketable imported negatives; and the party of the first part is empowered to enter into written agreements similar to the present one with such