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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638 Gov't Ex. 135, Agt. Edison & Eastman Kodak Cos. toiners therefor in the United States and in countries foreign thereto, should at any time exceed its output of such film, then, in such case, the Vendee shall be entitled only to the same proportion of its output of such sensitized motion picture film, having a nitrocellulose base, as said Vendee had of its total output of sensitized motion picture film the previous calendar year. lb. To supply such sensitized motion picture film having a nitrocellulose base to the Vendee for the purpose aforesaid in the usual motion picture width, namely, approximately thirty-five (35) millimetres, or one and threeeighths of an inch (1% in.) and imperforated, f. 0. b. at said Rochester, New York, at the price of three (3) cents per running foot, with a discount of five per cent. (5%) off (plus the patent royalty of the Motion Picture Patents Company that may be collected by the Vendor for sucli 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 lengths 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 in shorter lengths of one hundred feet or over or thirty metres or over, to the extent of five per cent. (5%) and no more of the total amount of such film supplied to the Vendee. lc. Not to supply its sensitized motion picture film having a nitrocellulose base, imperforated, and approximately thirty-five (35) millimetres in width, in countries foreign to Use United States, at less than the following prices f. o. b. at the following places; Great Britain, one and forty-five one-hundredths (145-100) pence per running foot; France, fifty (50) centimes per running metre; Italy, fifty (50) centesimi per running metre; the German Empire, forty (40) pfennigs per running metre, and f. o. b. in other foreign countries for as near similar prices as practicable in the currency of such other foreign countries; with a discount of five per cent. (5%) off such prices; and not to supply sensitized motion picture film having a nitrocellulose base, perforated and approximately thirty-five (35) millimetres in width, in countries foreign to the United States, at less than said prices for imperforated film, plus one fourth (14th) cent per running foot, or the equivalent thereof as