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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628 Gov't Ex. 134, Agt. Edison & Eastman Kodak Cos. 1 1. The Vendor, in consideration of the covenants and agreements hereinafter entered into by the Vendees, covenants and agrees as follows : la. To supply the Vendee with non-inflammable sensitized motion picture film both positive and negative, in such quantities as the Vendee may require, for the manufacture of positive and negative motion pictures for the Vendee's business in the same in the United States, on condition, however, that if the total amount of such film required by its several customers therefor in the United States and in countries foreign 2 thereto should at any time exceed its output of such film, then and in such case the Vendee shall be entitled only to the same proportion of its output of such film as said Vendee had of its total output of senstized motion picture film the previous calendar year. lb. To supply such non-inflammable sensitized motion picture film to the Vendee, for the purpose aforesaid, in the usual motion picture width, namely, approximately thirtyfive (35) millimetres or one and three-eighths (1%) of an „ inch, and imperforated or perforated as the Vendee may require, at the following prices, f. o. b. at Rochester, N. Y. Unperforated Perforated 3 1/3 cents per running foot ; 3% cents per running foot ; (plus the patent royalty of the MOTION PICTURE PATENTS COMPANY that may be collected by the Vendor for such Company, if and so long as the Vendor is to collect the same for such Company). All such film to be in standard motion picture length of two hundred feet and four hundred feet, or sixty metres and one hundred and twenty metres, except that the Vendor reserves the right to supply such film a in shorter length of one hundred feet or over, or thirty metres or over, to the extent of five per cent, and no more, of the total amount of such film supplied to the Vendee. 1c. Not to make any agreement between the date hereof and June 15th, 1912, with any person, firm or corporation to supply such person, firm or corporation, for any term beginning prior to June 15th, 1912, with its non-inflammable motion picture film perforated or unperforated and approximately thirty-five (35) millimetres in width, in countries foreign to the United States, at less than the following net