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. G01 each installment of said twenty-four per cent. (24%) of said gross royalties or rents provided for in this paragraph after receiving the same, and after the same have been so apportioned, without disclosing, directly or indirectly, to the Patents Company or to any of the "Patents Company licensees1' the share apportioned or paid to any of such licensees; that the Patents Company shall furnish to the Eastman Company a statement of the number of thousand running feet of such film of a greater width than approximately one (1) inch having positive motion pictures thereon imported by all the "Patents Company licensees'' during the period for which each said installment is paid to the Eastman Company, in order that the said apportionment may be made. 24. That in case the Eastman Company should be, at any time during the continuance of this agreement, wholly or partly unable to supply the "Patents Company licensees" with "X. I. Licensed Film," then and in such case the number of running feet of film which the "Patents Company licensees" shall, during and to the extent of such inability, necessarily obtain from other manufacturers designated by the Patents Company, shall be ascertained by the Patents Company, and reported by it to the Eastman Company who shall add it to the film actually shipped by it to such "Patents Company licensees" and paid for by them for the purpose of adjusting the rates of royalty provided for in paragraph 17 and making the apportionment, provided for in paragraph 23. 25. That in case the Eastman Company fails, and continues to fail for a period of twenty (20) days, to supply "N. I. Licensed Film" in the quantities required by the "Patents Company licensees," for actual use in the manufacture, in the "territory aforesaid," of motion pictures, the Patents Company may designate some other manufacturer or manufacturers of film from whom the "Patents Company licensees" may then purchase non-inflammable "Licensed Film" to complete their immediate requirements, month by month only, until such time as the Eastman Company can supply said film; but if the Eastman Company should fail for a continuous period of one hundred and twenty days io furnish such "N. I. Licensed Film" to the "Patents