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228 Motion Picture Pat. Co. & Edison Co. & Pathe Freres.
either of the lirst, second and third claims of said reissued letters patent Xo. 12,037, or any of the claims in issue in any such suit upon said letters patent Nos. 586,953, 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 and the license thereby granted, by giving notice of its election so to do to the Licensor.
The Licensor and Licensee 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 prosecute 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 kklease territory aforesaid" and also for violation of any of the other terms, conditions or stipulations entered into by such licensee; that the Licensor shall at the end of each year, counting from the 18th day of December, 1908, 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 tin1 sum of Twenty Thousand (20,000.) Dollars for any such year, all such legal expenses, insofar as they may be reasonable1 and proper, shall be borne and paid for by the Licensee and the several additional licensees hereinafter provided for, pro rata according to the number of thousand running feet of new subjects ottered for lease by each, relatively to the total number of thousand running feet of new subjects on film of a greater width than approximately one (1) inch offered for lease or sale by all in the "territory aforesaid" during the year preceding the rendition of such statement, any legal expenses in excess of said Twenty Thousand (20,000.) Dollars during any such year to be borne and paid by the Licensor unless the Licensor and the Licensee and the several additional licensees hereinafter provided for should hereafter mutually agree otherwise.
20. Tt is mutually covenanted and agreed by and between the Licensor and Licensee that the Licensor may grant other licenses under said reissued letters pateni Nos. 12.037 and 12,192, and said letters pateni Nos. 629,063 and 707,!).') I, so far as the use of the inven