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Agreement, Patents & Gaumont Cos. 413
and shall be leased or furnished for use by the Licensee at not less than the prices fixed m the said scale of prices.
12. The Licensee further covenants and agrees not to lease, or furnish for use, "talking motion pictures" under any circumstances, either directly or indirectly, during the continuance of this agreement, at lower prices than those fixed and established by the Licensor, as provided for in Paragraph 9.
13. The Licensee further covenants and agrees that it will not exhibit, or lease, or offer for lease, second-hand or used positive "talking motion pictures'' which are damaged or worn so as to be unfit for use in giving exhibitions thereof.
14. The Licensee further covenants and agrees that all leases of positive "talking motion pictures" shall be at the prices hereinbefore provided for without the allowance of any discounts or rebates or other reduction by which the lessee might acquire positive "talking motion pictures" at lower prices than those herein provided for. The Licensee further covenants and agrees that it will not sell or rent or offer for sale or rent other goods or merchandise, including projecting machines, sound reproducing devices or motion picture exhibiting and sound record synchronizing devices, at less than current prices in order to induce the lease of positive "talking motion pictures."
The Licensee further covenants and agrees that in determining the rate which it charges to any theatre to which it supplies a complete service for the exhibition of "talking motion pictures," including the positive "talking motion pictures" and the necessary exhibiting and sound reproducing devices, with or without the operator therefor, it will charge such prices for the use of such devices and the services of such operator as not to permit or effect the lease or rental of positive "talking motion pictures" at rates lower than those provided for in paragraph 9 hereof.
15. The Licensee further covenants and agrees thai it will dispose of the positive "talking motion pictures'" manufactured, imported, produced or printed by it, only by the lease thereof to lessees for the purpose of sub-leasing or