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. 134, Agt. Edison & Eastman Kodak Cos. 593 Company may reduce these prices of three and one-half (3% and three and three-quarters (3%) cents, respectively, if it should consider it commercially desirable to do so, but in no case shall it reduce the aforesaid royalties to be charged to and collected by it from the "Patents Company licensees" for the Patents Company, without the consent of the latter 16. It is further mutually covenanted and agreed by and between the Patents Company and the Eastman Company that the royalties referred to in Paragraph 6 of this agreement shall not be charged by the Eastman Company to the Edison Manufacturing Company, but that the maximum prices to be charged by the Eastman Company to said Edison Manufacturing Company shall be (unless reduced as provided for in Paragraph 15, when the Edison Manufacturing Company shall have the benefit of such reduced price) three and one-half (3%) cents net per running foot for nonperforated "N. I. Licensed Film" approximately one inch and three-eighths of an inch (1% in.) in width, and three and three-quarters (3%) cents net per running foot for perforated "N. I. Licensed Film" 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 "N. I. Licensed Film" than that approximately one inch and three-eighths of an inch (1% in.) in width. 17. It is further mutually covenanted and agreed by and between the Patents Company and the Eastman Company, that on each sale of "N. I. Licensed Film" to the "Paten is Company licensees" (with the exception of the Edison Manufacturing Company), the Eastman Company shall, in the first instance, that is to say, when such "N. I. 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 and one-half (3%) cents or three and three-quarters (3%) cents, as the case may be, per running foot, plus the maximum royalty of five (5) mills per running foot, referred to in Paragraph 0 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 "N. I. Licensed Film," so billed and shipped to