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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Gov't Ex. 134, Agt. Edison & Eastman Kodak Cos. 595 the Eastman Company for "X. I. Licensed Film" or "Li 1 censed Film" with a nitrocellulose base or other supplies purchased from or furnished by the Eastman Company to the Edison Manufacturing Company during such year, the royalties shall be applied by it on account of such 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 after June 20, 1909, to which said royalties have been applied by it. 18. It is further mutually covenanted and agreed by 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 4, 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 17 respecting the charging to and collecting from the "Patents Company licensees" of royalties upon "N. I. Licensed Film" and paying the same to the Patents Company. 19. The Eastman Company further covenants and agrees that it will keep an accurate account of all "N. I. Licensed a Film" supplied by it to the "Patents Company licensees" and other non-inflammable sensitized motion picture film supplied to the other persons, firms and corporations as provided for in Paragraphs 13 and 17, (with the exception of thai supplied to ex-licensees and to "foreign manufacturers" who are not "Patents Company licensees'' ) with 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