Document M4ww9XQY08Nk0j4VnjNxn7JL7
FILE NAME: National Safety Council (NSC)
DATE: 1933
DOC#: NSC374
DOCUMENT DESCRIPTION: License Agreement between Norristown Magnesia & Asbestos Company & The Philip Carey Manufacturing Comp.
LICENSE AGREEMENT
in-33.
This Agreement made by and between NORRIS TO'AN MAGNESIA
& ASBESTOS COMPANY, a corporation of the State of Pennsylvania,
having an administrative office at Norristown, in the County of
Montgomery in that State, hereinafter termed the Licensor, and
THE PHILIP CAREY MANUFACTURING COMPANY, a corporation of the
State of Ohio, having an administrative office at Lackland, Cin
cinnati, in the County of Hamilton in that State, hereinafter
termed the Licensee, wltnesseth that:
WHEREAS, Letters Patent of the United States 1,902,79^
was granted March 21, 1933 to Grant V. Wilson as assignor to said
Licensor for Heat Insulating Coverings, and
WHEREAS, said Licensee has, since March 21, 1933 made,
used, and vended heat Insulating coverings advertised by it as
" Asbestos Tank Jackets" within the description of claims 1, 2, 6,
and 7 of said Letters Patent, and
WHEREAS, said Licensee desires to obtain a non-exclusive
license to continue to make, use, and vend such heat insulating
coverings within the description of said claims:
NOW THEREFORE, in consideration of One Dollar, paid by
6aid Licensor and said Licensee, each to the other, receipt where
of is hereby acknowledged, they have agreed as follows:
1,
Subject to all of the terms and conditions herein set
forth, said Licensor hereby grants to said Licensee a non-exclusive
license, limited to the United States and the territories thereof,
to make, use, and vend heat insulating coverings within the de
scriFpEtDiEoRnALofTRsAaDiEd CcOlWaMimIsSSI1O,N 2, i 6,
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the matter or td-'
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r e p o p t f .u V TIIFT.j K V IS r if - V A
A .-.SCI A T T iS . B * C . - 1-
and
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A.K.&.E r h i b i t ........... ..
x J r / . M v j .A rty Fwdera.1 T r . ? Cor-.:-
in-33.
2.
Said Licensee agrees to pay to said Licensor, as a
royalty, Ten Cents for each covering manufactured, directly or
Indirectly, by or for said Licensee, after March 21, 1933 within
the description of any of the claims of said Letters Patent*
3.
Said Licensee shell keep a true book of account,
accessible to said Licensor and its legal representatives, show
ing the number of all heat insulating coverings made, directly or
indirectly, by or for said Licensee, after March 21, 1933 with
in the description of any of the claims of said Letters Patent,
j
and shall, beginning with August 20, 1933 and at intervals not
j
exceeding three months thereafter, render to said Licensor a
statement of account, under oath, of a competent officer of said
Licensee, setting forth the number of all such coverings for which
royalty has not been paid, and shall therewith pay to the Licensor tI
the full amount due in accordance herewith*
h.
The license herein contemplated shall be contingent
upon the due performance by said Licensee of each of the covenants
herein set forth, and may be terminated for the breach of any such j
covenant on the part of said Licensee by the Licensor or its legal i
I representative, giving to said Licensee or its legal representative j
sixty days notice in writing to that effect and specifying, in
I
such notice, the nature of the breach claimed; but such termination
shall not release the Licensee from liability for royalty in ac
cordance herewith,
5*
Upon notice and evidence, furnished by said Licensee
to said Licensor, that any competitor of the Licensee is making,
using, or vending any heat insulating covering in infringement of
said Letters Patent, said Licensor
there
after bring suit for i n f r i n g e m e n t ' 1
IN THE M ATTER OF .................................
S
D A T E .......................................... v . H. bT
RF.PORTV'.R...........
- 2-
K T T IK T . R. F I CUT TM * A !*r>ri ATT. **,7 r - y
111- 33.
suit within such thirty days; -the Licensee may suspend payments
of the royalty herein specified until such time as suit is actu
ally brought; but, said Licensor shall not be obligated to main
tain more than one such suit at one time*
6.
In the event that any of said claims 1, 2, 6, and 7
of said Letters Patent is held invalid, or so construed, by a
Count of competent jurisdiction, as not to describe any heat in
sulating covering manufactured by the Licensee, the royalty,
insofar as any such claims or claim is concerned, shall cease*
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be signed and sealed by their officers there
unto duly authorized, as of the Twentieth day of August, 1933*
NORRISTOWN MAGNESIA & ASBESTOS CO.
Attesti
By _____ A. K . BORGSTRESSER (signed) President
John M, High (signed) Secretary.
Attest:
THE PHILIP CAREY MANUFACTURING CO.,
By
W, G Ignatus(signed) Secretary
R B CRABBS (signed) Vice President
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'IN rrtt MATT ER 3F .........- ....... - ............ :.....................-
DATE.......................... VlHESS.............................................
BF.''i'tnTKR ............................. ......... ...... --
F.THEU K. F1SHEK ASSOCIAT, WC
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