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)

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144 Motion Picture Patents Co. and Edison Mfg. Co. 1!). The Licensor and Lice: sec further mutually covenant and agree thai the Licensor shall and will, during the continuance of This agreement, promptly institute suits against any and all infringers of the Letters Patent, or any of them mentioned in this agreement on the requesl of a majority <»!' the licensees, including the Licensee and the several additional licensees hereinafter provided for, or such of them as may at the time be licensees, and will thereafter diligently prosecute any such suit or suits to final hearing and decision; all expense connected with the institution and prosecution of such suit or suits to he borne by the Licensor, who shall also be entitled to receive and apply to its own use all recoveries had therein for damages and profits. The Licensor and Licensee further mutually covenant and agree that if in case any such suit is brought upon said reissued Letters Latent Xos. 12,037, 12,192, or said Letters Patent Nos. 586,953 or 722,382, either of the claims of said reissued Letters Patent No. 12,192, or either of the first, second or third claims of said reissued Letters Patent No. 12,037, or any of the claims in issue in any such suit upon said Letters Patent Xos. 586J&53 or 722,382, is or are held invalid by a court that last hears and decides such suit, or should be held by such court not to be infringed, then, and in any such case, the Licensee may at once terminate this agreement ami the license thereby granted, by giving notice of its election so to do to the Licensor. The Licensor ami Licensee1 further mutually covenant and agree that the Licensor may, at its own expense (except as hereinafter provided) during the continuance of this agreement, institute and prosecute1 suits against any of the several additional licensees hereinafter provided for, for any breach or violation on the part of any such licensee of the covenants respecting prices at which positive motion pictures shall be leased in the "lease territory aforesaid," and also for violation of any of tin1 other terms, conditions or stipulations entered into by such licensee; that the Licensor shall at the end of each year, counting from the day and year first above written, render to the Licensee and the other licensees hereinafter provided for, or such of them as may at the time be licensees, a statement in writing showing in detail all legal expenses incurred by it during such year in the prosecution of such suit or suits; and that up to, but not exceeding the sum of Twenty Thousand Dollars