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

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118 OKIGINAL PETITION, EXHIBIT 8. sons^ firms, or corporations to whom it leases such '^ Licensed Motion Pictures/' in filling orders for such ''Licensed Motion Pictures/' in terms of payment therefor or in any other way which might give, or tend to give, such other persons, firms, or corporations any advantage over the party of the second part. 7. The party of the second part covenants and agrees that it will, during the continuance of this agreement, lease from the party of the first part '^ Licensed Motion Pictures," on film of the width aforesaid, at the prices and upon the terms and conditions provided for in the last preceding paragraph, and that it will, on each Monday, make or mail payment to the party of the first part for all such '^ Licensed Motion Pictures," shipped by the party of the first part to the party of the second part, on the order of the latter, and for which the party of the second part has received invoices from the party of the first part, during the preceding week; and that it will use its best efforts to introduce the same to and extend the use thereof by motionpicture exhibitors using the '' Licensed Projecting Machines," aforesaid; that for each sixty-two customers or the major fraction thereof that it serves during any two consecutive weeks during the continuance of this agreement from any place of business operated by it for the purpose of leasing and subleasing motion pictures among motion-picture exhibitors, it will lease from the party of the first part, during each such two consecutive weeks, and will distribute from each such place of business, one reel, of a subject or subjects released by the party of the first part not more than one month previously, of approximately one thousand (1,000) running feet of such ''Licensed Motion Pictures," and that it will so lease such a reel for each such place of business during any such two consecutive weeks, even if its customers, which it serves from such place of business during such two consecutive weeks, do not aggregate sixty-two customers or the major fraction thereof; it being expressly covenanted and agreed, however, by and between the parties hereto that the party of the second part shall not be required to lease from the party of the first part more than eighty (80)