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Agreement, Patents & Gaumont Cos. 405
censed Film-', of a width approximately one and three-eighths (1% inch) inch or thirty-five (35) millimeters, or wider or narrower, supplied by such manufacturer to the parties to the license agreements referred to in Paragraph c during the year preceding June 20, 1909, and to the Licensee and the additional licensees of the Licensor, during any one year thereafter during the continuance of such agreements, which amount such manufacturer shall have the right to furnish or sell, in the "territory aforesaid," to persons not engaged in the business of manufacturing, leasing, selling, loaning, renting out, or otherwise disposing of or dealing in motion pictures in the "territory aforesaid;" and with the further exception that such manufacturer may also reserve the right to manufacture and sell sensitized film suitable for the commercial production of negative and positive motion pictures, of a width not to exceed approximately one (1) inch in the "territory aforesaid," to persons, firms and corporations engaged in the business of manufacturing, leasing, selling, or loaning, renting out or otherwise disposing of or dealing in motion pictures in the "territory aforesaid," but upon the condition that in case any of them produces thereon any picture greater in size than approximately three-quarters (%) of an inch on a line either parallel to or at right angles to the edge of such film, and such manufacturer has knowledge thereof, such manufacturer will cease supplying such film to any person, firm or corporation so doing; and with the further exception that such manufacturer may also reserve the right to manufacture and sell in the "territory aforesaid" such sensitized film suitable for the commercial production of negative and positive motion pictures of any width, to persons, firms and corporations now having an established business of manufacturing motion pictures in any country foreign to the United States, who now manufacture negative and positive motion pictures in the L^nited States, or who may after the date of this agreement commence the manufacture of negative or positive motion pictures in the United States.
The Licensor further covenants and agrees that the royalties which it will charge to and receive from the Licensee for "Licensed Film" (and which are to be included by the manufacturer or manufacturers in the prices