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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610 Gov't Ex. 134, Agt. Edison & Eastman Kodak Cos. suitable for use iu the commercial manufacture, printing and production of negative and positive motion pictures, and has sold the same in the "territory aforesaid'' and in foreign countries, the parties to the license agreements mentioned in Paragraph 3 having been some of its customers therefor, and that it has special facilities for the manufacture of such film; and 8. WHEREAS, the Edison Company, not being a manufacturer of translucent or transparent sensitized film suitable for use in the manufacture, printing or production of motion pictures, entered into two agreements in writing with the Eastman Company bearing date on or about the 20th day of May, 1908, respecting the manufacture of such film, and the supplying of the same to said Edison Company and to the licensees of the license agreements with the Edison Company mentioned in said Paragraph 3, and the collecting from such parties and the payment by it to the Edison Company of certain royalties upon such film; and 9. WHEREAS, the Edison Company and the Eastman Company are desirous of terminating and cancelling said two agreements in writing, and the Patents Company not being a manufacturer of translucent or transparent sensitized film suitable for use in the manufacture, printing or j)roduction of motion pictures, is desirous of availing itself of the manufacturing facilities therefor of the Eastman Company by having it manufacture such film (having a nitrocellulose base) by its present secret processes and embodying its present secret compositions and patented invention 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 -1 of this agreement, and to collect from the other persons, firms and corporations, as provided for in Paragraph 14, 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 to each paid by the other, the receipt of which is hereby acknowledged, and