11. The body of the aforesaid Letter Amendment dated May 28, 1942, reads as follows:
'Confirming our understanding, you and we in consideration of each other's agreement herein mutually agree as follows in respect to the license agreement between Harry C. Jones and General Printing Ink Corporation, dated as of September 1, 1933, as amended by paragraph 4 of a letter dated September 30, 1935, and as amended by a letter dated March 23, 1938:
'1. We agree not to terminate the above described agreement at the end of the contract year ending September 31, 1942. However, it is mutually agreed that our right to terminate said agreement as set forth in paragraph 5 thereof shall otherwise remain in full force and effect.
'2. Effective September 1, 1942, and for the duration of the present war involving this Country and Germany, Japan and/or Italy, it is mutually agreed that paragraph 16 of said agreement shall be amended so as to read as follows:
"The Licensee guarantees to the Licensor that the total amount to be paid to the Licensor in or in lieu of all royalties under this agreement including, but without limitation, paragraphs 4(b), 4(c) and 11 in respect of sales and rentals made during each year of the third and each succeeding year of this contract shall be at least Twenty-Four Hundred Dollars ($ 2400.). Said $ 2400. shall be payable during the year in question and in monthly installments of Two Hundred Dollars ($ 200.) each on the last day of the month. In the event that such royalties due on sales and rentals made during the year in question do not equal $ 2400. during such year, the Licensee shall reimburse itself out of royalties next subsequently due in respect to payments on sales and rentals made during the year in question. In the event that the aggregate royalties due on such sales and rentals made in the year in question up to the last day of any month in the year in question exceeds the aggregate monthly guarantees, only royalties due shall thereafter be paid until they in the aggregate fall below the aggregate monthly guarantees. In the event that the aggregate monthly guarantees up to the last day of any month in the year in question exceeds the aggregate royalties due, only the monthly guarantees shall thereafter be paid until they in the aggregate fall below the aggregate royalties due. The Licensee does not guarantee any amount of operations or volume of sales or rentals. The above guarantee shall be upon or in lieu of royalties on sales and rentals made during each year without relation to sales and rental in any other year.'
'Upon termination of the war with said countries said paragraph 16 shall revert to its form existing immediately before the execution of this amendment.
'3. Except as expressly amended in this letter, all of the terms, covenants, conditions and provisions of said agreement, dated as of September 1, 1933, amended as above set forth, shall remain in full force and effect.
'If the above meets with your approval, will you please sign the acceptance below and on the enclosed duplicate and return one original signed letter to us, whereupon the above will become binding.
'Very truly yours, General Printing Ink Corporation By By (s) Perry D. Richards Executive Vice President Accepted: Date May 28, 1942 Estate of Harry C. Jones By (s) Mabel Dean Jones Executrix (s) Mabel Dean Jones (Mabel Dean Jones, Individually)'
12. Following the execution of the aforesaid Declaration of Trust, the defendant continued to render monthly statements to plaintiff purporting to cover all sales affected and paid royalties shown due thereunder until on or about February 26, 1952.
13. The only patents licensed by the Agreement, or amendments thereto, which had not expired prior to February 26, 1952, are identified as follows:
Country Reg. No. Ser. No. Issue Date Expiration Date
U. S. 1,992,621 458,789 Feb. 26, 1935 Feb. 26, 1952
U. S. 2,000,520 356,326 May 7, 1935 May 7, 1952
Canada 356,880 419,343 March 31, 1936 March 31, 1954
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