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 Edison & Eastman Kodak Cos. 603 otherwise, or its charter should be repealed, the Patents Company shall immediately give notice of the same to the Eastman Company, and upon the happening of either of such events, this agreement shall be deemed terminated and at an end by the parties hereto; and that after notice of termination of this agreement, and after it is terminated, no matter what the cause or manner of termination may be, neither this agreement, nor the fact that the Eastman Company has entered into or acted under it shall be used in any manner, directly or indirectly, by or for the Patents Company, its sucessors, assigns, or legal representatives, or by or for others, against the Eastman Company, or its successors or legal representatives, in any litigation, controversy or proceeding involving it or them, or any other persons, firms or corporations, or in any other way — it being undestood and agreed that upon such termination the positions and rights of the Patents Company and the Eastman Company shall be the same as if this agreement had not been made; provided, however, that the rights of neither party shall be prejudiced by such termination in the recovery of damages for any breach or other violation of this agreement by the other occurring prior to such termination. 29. It is further mutually covenanted and agreed by and between the Patents Company and the Eastman Company that all notices provided for in this agreement shall be in writing and shall be given by delivering the same to an officer of the Patents Company or the Eastman Company, as the case may be, or by depositing such notice, postage prepaid, in any Post Office of the United States in a sealed envelope, directed to the Patents Company or the Eastman Company, as the case may be, at its last known Post Office address, to be forwarded by registered mail. 30. It is mutually covenanted and agreed by and between the Patents Company and the Eastman Company that this agreement shall bind and inure to the benefit of the Patents Company, its successors, assigns and legal representatives, and the Eastman Company and its successors as defined in Paragraph 10 of this agreement. IX WITNESS WHEREOF the parties hereto have caused this agreement to be executed by their officers duly authorized