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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Gov't Ex. 135, Agt. Edison & Eastman Kodak Cos. 639 near as practicable in the currency of such foreign countries, 1 with said discount of five per cent (5%) off of such prices. Id. Not to supply sensitized motion picture film having a nitrocellulose base to any person, firm or corporation for the manufacture of positive and negative motion pictures in the United States, its territories, possessions or dependencies for less prices (exclusive of the patent royalty aforesaid) than those charged during the same time to the Vendee. 2. The Vendee, in consideration of the covenants and * agreements hereinbefore and hereinafter entered into by the Vendor, covenants and agrees as follows : 2a. To purchase from the Vendor all sensitized motion picture film, both positive and negative, required or used in the Vendee's business. 2b. To pay for all sensitized motion picture film supplied by the Vendor on delivery of the same, or in such manner as may from time to time be required by the Vendor. 2c. Xot to manufacture or sell or be interested, directly or indirectly, in the manufacture or sale of, in the United States (except as hereinafter provided for in paragraph 3f), any motion picture film, whether sensitized or not, nor export from the United States any such film, unless it has motion pictures developed thereon (except sensitized negative film for the use of the Vendee's own operators) nor import into nor sell or otherwise dispose of in the United States any such film unless it has motion pictures developed thereon. , 3. It is mutually covenanted and agreed by and between the Vendor and the Vendee as follows : 3a. That the Vendor shall not be responsible for damages for any failure to supply sensitized motion picture film, having a nitrocellulose base, 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 sensitized motion picture film as defined in para