In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

Record Details:

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570 Gov't Ex. 133, Agt. Edison & Eastman Kodak Cos. 1 for non-perforated "Licensed Filru" (having a nitrocellulose base) approximately one inch and three-eighths of an inch (1% in.) in width, and three and one-quarter (3%) cents net per running foot for perforated "Licensed Film" (having a nitrocellulose base) approximately one inch and three-eighths of an inch (1% in.) in width, which prices shall be reduced or increased in proportion to the reduction or increase in width of narrower or wider "Licensed Film" than that approximately one inch and three-eighths of an inch (1% in.) in width. 18. It is further mutually covenanted and agreed by and between the Patents Company and the Eastman Company, that on each sale of "Licensed Film" to the "Patents Company licensees ' (with the exception of the Edison Company), the Eastman Company shall, in the first instance, that is to say, when such "Licensed Film" approximately one inch and three-eighths of an inch (1% in.) in width, is billed and shipped by it, charge the licensees with its price of three (3) cents or three and one-quarter (SV4) cents, as the case may be, per running foot, plus o the maximum royalty of five (5) mills per running foot, referred to in Paragraph 6 of this agreement, and on the expiration of each year, counting from June 20, 1909, shall adjust the royalty account of each licensee as to "Licensed Film" so billed and shipped to them and paid for by them, according to the royalty schedule set forth in said Paragraph 6, returning to the licensee any amount such licensee may have overpaid, according to said schedule, and paying the balance to the Patents Company; and that on eacli sale of the other film of a width approximately one inch and three-eighths of an inch (1% in.) in width to the 4 amount of two and one-half (21/o) per cent, of the total amount of "Licensed Film" supplied to the "Patents Company licensees" during any one year, counting from June 20, 1909, of the continuance of this agreement, as provided for in Paragraph 14, a royalty of one-half (%■) cent, per running foot, and which royalty the Eastman Company is to pay to the Patents Company on such film sold by it which is paid for by the purchaser thereof; and on each sale of said other film which is not to exceed approximately one inch (1 in.) in width, as provided for in Paragraph 11, the Eastman Company shall include in the price charged