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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630 Gov't Ex. 134, Agt. Edison & Eastman Kodak Cos. motion picture film to the Vendee in quantities required by the Vendee in the Vendee's aforesaid business, other than the said Vendee's proportion of the Vendor's output of the same as defined in paragraph la of this agreement, or for any failure to supply such film in quantities required by the Vendee in its aforesaid business, by circumstances or happenings beyond the control of the Vendor. 3h. That in case the Vendor fails, and continues to fail for a period of twenty (20) days, to supply its non-inflammable sensitized motion picture film in the quantities required by the Vendee for the Vendee's aforesaid business, the Vendee may purchase non-inflammable sensitized motion picture film from other manufacturers to complete the Vendee's immediate requirements, month by month only, until such time as the Vendor can supply said film. If, however, the Vendor should fail for a continuous period of one hundred and twenty (120) days to furnish its noninflammable sensitized motion picture film to the Vendee in quantities required by the Vendee for the Vendee's aforesaid business (provided such quantities do not exceed twenty-five (25) per cent, more than the Vendee has received from the Vendor during a similar period immediately preceding said one hundred and twenty (120) days), then the Vendee shall have the right to terminate this agreement by giving thirty (30) days' notice in writing to the Vendor of its election so to do, which notice may be given by delivering the same to an officer of the Vendor, or by depositing such notice in any Post Office of the United States in a sealed envelope directed to the Vendor at its last known Post Office address. Be. That the Vendor may reduce the prices provided for in paragraphs lb and \c if it should consider it commercially desirable to do so; but if the Vendor reduces the prices provided for in paragraph lb it may make a corresponding reduction of the prices provided for in paragraph 1c, and if it reduces the prices provided for in paragraph lc it shall make a corresponding reduction of the prices provided for in paragraph 16. 3d. That the Vendee will not use the non-inflammable sensitized motion picture film supplied by the Vendor under this agreement in the production of negative or