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The United States of America, petitioner, v. Motion Picture Patents Company and others, defendants (1912)

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OKIGINAL PETITION, EXHIBIT 5. 95 such machines at not less than the Licensee's Hst price for such machine. Nothing in this paragraph shall prohibit, however, the allowance of two per cent (2%) discount from list price for ten days cash payments. (10) The Licensee further covenants and agrees that the Licensee will not sell, after May 1, 1909, during the continuance of this agreement, any exhibiting or projecting machine which the Licensee is hereby licensed to manufacture, capable of exhibiting or projecting by transmitted light, motion pictures on film of a width greater than approximately one inch (I'O; ^t a less list price than one hundred and fifty dollars ($150), which list price may include the machine head, stereopticon attachment, film magazine, lamp house, arc lamp, rheostat, switch and switch box, and attaching cords, except, however, that for the last five named items may be substituted a gas burner and gas making outfit. It is further understood and agreed that such complete machines may be sold between February 1, 1909, and May 1, 1909, at a less list price than one hundred and fifty dollars ($150), but only to persons, firms, or corporations not engaged in the business of renting motion picture films, and not for use in any permanent or fixed place of exhibition. (11) It is further mutually covenanted and agreed by and between the Licensor and Licensee that the Licensor may grant other licenses to manufacture or import and sell motion picture exhibiting or projecting machines under any or all of the said United States Letters Patent Nos. 578185, 580749, 586953, 588916, 673329, 673992, 707954, 722382, 744251, 770937, 771280, 785205, and 785237, said Ucenses to be in writing, and not to be granted or continued under terms, conditions, or stipulations which are in any respect more favorable to the Licensees named therein than those set forth in this agreement (except to the American Mutoscope & Biograph Company of New York City, which is to pay no royalties on any exhibiting or projecting machines embodying any or all of the inventions described and claimed in the aforesaid Letters Patent Nos. 578185, 580749, 586953, 588916, 673992, 707934, and 722382, and to the Edison 55498—12 13