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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270 Motion Picture Patents Co. and Eastman Kodak .Co. applied by it on account of such indebtedness, the balance, if any, remaining over such indebtedness, to be paid by the Eastman Company to the Edison Company; and the said balance of all royalties received by the Eastman Company from the "Patents Company licensees" between the date hereof and June 20, 1909, and all the other aforesaid royalties which have been received by it between said dates, shall be paid to the Patents Company within thirty (30) days alter June 20, 1909, provided, however, that if at the time such payment of royalties is due from the Eastman Company to the Patents Company, the Edison Company should be indebted to tHe Eastman Company for "Licensed Film" or other supplies purchased from or furnished by the Eastman Company to the Edison Company between the date hereof and June 20, 1909, such royalties shall be applied by it on account of said indebtedness, .the balance, if any, remaining' over such indebtedness, to be paid by the Eastman Company to the Patents Company, and a statement at the same time shall be given by the Eastman Company to the Patents Company of the amount of such indebtedness incurred between the date hereof and June 20, 1909, to which said royalties have been applied by it. 19. It is further mutually covenanted and agreed by and between the Patents Company and the Eastman Company that in case any "foreign manufacturer" aforesaid has heretofore established or shall hereafter establish a business of manufacturing and selling positive <»r negative motion pictures in the United States, and shall be licensed by tin1 Patents Company, in and by a duly executed agreement in writing, the same in all substantial respects as the license agreements referred to in Paragraph 4, then, and from the time such license agreement goes into effect, and said Eastman Company is notified thereof in writing by the Patents Company, the Eastman Company shall charge to and collect from such licensee tin1 royalties referred to in Paragraph 6 of this agreement and pay the same to the Patents Company in the same manner as that provided for in Paragraph L8 respecting the charging to and collecting from the "Patents Company licensees" of royalties upon "Licensed Film" and paying the same to the Patents Company. P>ut no royalty shall be charged to or collected from any "foreign manufacturers" for sensitized film sold to them by the Eastman Company unless and until they have been licensed by the Patents Company and the Eastman Company notified thereof as aforesaid.