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 (1912-1913)

Record Details:

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Edison Manufacturing Co. and Eastman Kodak Co. 49 "territory aforesaid" and in foreign countries, the "Edison Company7' being one of its customers therefor, and lias special facilities for the manufacture of such film; and (J. WHEREAS, the "Edison Company/' not being a manufacturer of sensitized film suitable for use in the manufacture, printing or production of motion pictures, is desirous of availing itself of the manufacturing facilities therefor of the "Eastman Company," by having it manufacture "Licensed Film" aforesaid (having a nitrocellulose base), by its present secret processes and embodying its present secret compositions and patented invention and supply such film to it (said "Edison Company") and the "Edison Licensees aforesaid." and is also desirous of having the "Eastman Company" collect from the latter, for payment to it (said "Edison Company"), the royalties referred to in Paragraph 4 of this agreement, and to collect from the other persons, firms and corporations, as provided for in Paragraph 11, for payment to the "Edison Company," the royalties provided for in Paragraph 15; 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 for other good and valuable considerations from each to the other moving, including the covenants and agreements hereinafter entered into by them, do covenant and agree as follows: 7. The "Edison Company" hereby grants to the "Eastman Company," and the latter accepts, for the term and subject to the covenants, conditions and stipulations hereinafter expressed, the sole and exclusive right and authority, for the "territory aforesaid," to manufacture the "Licensed Film" aforesaid, and also other such sensitized film suitable for the production commercially of positive and negative motion pictures, ami sell such "Licensed Film" to the "Edison Licensees aforesaid," and the "Edison Company"; and such other film to other persons, firms and corporations as provided for in Paragraph 11. the right and authority hereby granted to the "Eastman Company" being sole and exclusive, even as to the "Edison Company, "in the "territory aforesaid. "but, except as hereinafter provided, strictly limited to the manufacture of such "Licensed Film" and such other film and the sale of such "Licensed Film" to the "Edison Licensees aforesaid" and the "Edison Company," and the sale of such other film to said other persons, firms and corporations, and not including any right, to the "Eastman Company" to nianu