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)

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Gov't Ex. 133, Agt. Edison & Eastman Kodak Cos. 573 from tlie Eastman Company to the Patents Company, (lie Edison Company should be indebted to the Eastman Company for "Lieensed Film" or other supplies purchased from or furnished by the Eastman Company to the Edison Company between the date hereof and June 20, 1909, such royalties shall be applied by it on account of said indebtedness, the balance, if any, remaining over such indebtedness, to be paid by the Eastman Company to the Patents Company, and a statement at the same time shall be given by the Eastman Company to the Patents Company of the amount of such indebtedness incurred between the date hereof and June 20, 1909, to which said royalties have been applied by it. 19. It is further mutually covenanted and agreed by and and between the Patents Company and the Eastman Company that in case any "foreign manufacturer" aforesaid has heretofore established or shall hereafter establish a business of manufacturing and selling positive or negative motion pictures in the United States, and shall be licensed by the Patents Company, in and by a duly executed agreement in writing, the same in all substantial respects as the license agreements referred to in Paragraph 1, then, and from the time such license agreement goes into effect, and said Eastman Company is notified thereof in writing by the Patents Company, the Eastman Company shall charge to and collect from such licensee the royalties referred to in Paragraph 6 of this agreement and pay the same to the Patents Company in the same manner as that provided for in Paragraph 18 respecting the charging to and collecting from the "Patents Company licensees" of royalties upon "Licensed Film" and paying the same to the Patents Company. But no royalty shall be charged to or collected from any "foreign maimfacturers" for sensitized film sold to them by the Eastman Company unless and until they have been licensed by the Patents Company and the Eastman Company notified thereof as aforesaid. 20. The Eastman Company further covenants and agrees that it will keep an accurate account of all "Licensed Film" supplied by it to the "Patents Company licensees'1 and other film supplied to the other persons, firms and corporations as provided for in Paragraphs 14 and 18, (with the exception of the translucent or transparent sensitized film supplied to the