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574 Gov't Ex. 133, Agt. Edison & Eastman Kodak Cos.
"foreign manufacturers" unless and until such "foreign manufacturers" are licensed by the Patents Company and the Eastman Company is duly notified thereof as provided for in Paragraph 19) Avith the names and addresses of the purchasers and the date and amount of each purchase, and that with each yearly payment of royalty as hereinbefore provided for it will furnish the Patents Company with a statement in writing, verified by an officer of the Eastman Company having knowledge of the facts therein set forth (if the Patents Company shall so request) showing the total amounts in running feet of such "Licensed Film" and other film, with the exceptions aforesaid, shipped by it to all the "Patents Company licensees" and such other persons, firms and corporations, and paid for by them, during the preceding year; but it is further mutually covenanted and agreed that the dealings between the Eastman Company and the "Patents Company licensees" shall — from the date hereof, and the dealings prior to the date hereof between the Eastman Company and such of said licensees who are also licensees of the license agreements with the Edison Company referred to in Paragraph 3, insofar as the number of running feet or anything that would tend to disclose the number of running feet shipped to or ordered by them, is concerned — be a matter of confidence, even as to the exclusion of the Patents Company, between such licensees and such other person, firm or corporation, as aforesaid, and the Eastman Company, and the latter shall not be at liberty to disclose, directly or indirectly to the Patents Company or to any of the "Patents Company licensees" the number of such running feet of "Licensed Film" and such other film as aforesaid, so ordered by or shipped to any of the "Patents Company licensees", or such other persons, firms and corporations as provided for in Paragraphs 14 and 18; and it is therefore mutually covenanted and agreed that all statements and payments of royalty from the Eastman Company to the Patents Company shall be in gross, without specifying the number of running feet of "Licensed Film" or such other film, either by a statement of the number of running feet or the amount of royalties charged to and collected for or on account thereof.
21. It is further mutually covenanted and agreed by and between the Patents Company and the Eastman Company, that if, notwithstanding the statements made by