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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588 Gov't Ex. 134, Agt. Edison & Eastman Kodak Cos. from of the royalties referred to in Paragraph 6 and the paying of the same to the Patents Company in a certain manner, a copy of which agreement is hereunto annexed marked "SCHEDULE A"; and 8. WHEREAS, the Eastman Company represents that it has for some time past been carrying on experiments to produce and is now manufacturing, by secret processes and embodying secret compositions, at said City of Rochester, State of New York, non-inflammable sensitized motion picture film (having a cellulose acetate base instead of a nitrocellulose base) suitable for use in the commercial manufacture, printing and production of negative and positive motion pictures; and 9. WHEREAS, the Patents Company, not being a manufacturer of such non-inflammable sensitized motion picture film, is desirous of availing itself of the manufacturing facilities of the Eastman Company by having it manufacture such film (having a cellulose acetate base) by its secret processes and embodying its secret compositions, and supply such film to the Patents Company licensees, and is also desirous of having the Eastman Company collect from the latter, for payment to the Patents Company, the royalties referred to in Paragraph 6 of this agreement, and to collect from the other persons, firms and corporations, as provided for in Paragraph 13 for payment to the Patents Company, the royalties provided for in Paragraph 17: NOW, THEREFORE, the parties hereto, for and in consideration of the sum of one dollar by each paid to the other, the receipt of which is hereby acknoAvledged, and for other good and valuable considerations from each to the other moving, including the covenants and agreements hereinafter entered into by them, covenant and agree as follows : 10. The Patents Company hereby grants to the Eastman Company, and the latter accepts, for the term and subject to the covenants, conditions and stipulations hereinafter expressed, the sole and exclusive right and authority, for the "territory aforesaid", to manufacture the "Licensed Film" aforesaid (having a cellulose acetate base and hereinafter called "N. I. Licensed Film") and also other non-inflammable sensitized motion picture film suitable for the production