| OCR Text |
Show 135. in writing whereby first party has assigned and transferred to second party all of first party's rights in and to said process, formula, patent and patent rights in so far as such rights are effective and are exercised and used within the limits of United States of America, it being under stood and agreed that first party has reserved from said assignment all rights to apply for, procure and own exclusivel y all patents and patent rights in all countries outside of the limits of the United States of America, which patent or patents and patent rights are based in whole or in part upon the patent and patent rights thereby assigned or in any manner connected therewith. 2. The assignment made to second party by first party as set forth in paragraph one hereof, is and was made subject to the following terms and conditions, to-wit!-~ a. Third party and its successors, during the balance of the term of said patent or any renewal thereof, shall have the right, and such rights are hereby granted without further consideration, to use for its and their own personal use only, within the State of Utah, said process, formula and patent rights. b. Third party and its successors, during the balance of the term for which said patent was granted and any renewal thereof, shall have the exclusive right to use and operate said formhla, process and patent rights in all parts of the United States outside of the limits of the State of Utah, provided that third party and its successors shall pay to second party one-half of the net royalties received by third party and its successors, from any other party or parties using or operating said process, formula or patent rights outside of the State of Utah but within the United States and provided further that third party and its successor shall not be required to pay any royalties for its or their own personal use of said process, formula, or patent rights outside of the State of Utah. Third party and its successors shall account to and pay second party annually for all royalties so received by it previous to the date of said accounting and which royalties have not been theretofore accounted for and paid . Net royalties shall be construed to mean the royalties that are left after third party and its successors have paid for all costs and expenses incurred by it, or them, in securing such royalties including in such costs and expenses all costs and expenses as shall have been incurred by third party in connection with the prosecution or defense of all actions and proceedings at law or otherwise which third party may maintain for the protection and use of said process, formula, patent and patent rights. It is further understood and agreed that all improve5. ments, extensions, changes or additions made to said process, formula and letters patent by any of the parties to this agreement or their successors in interest, or assigns shall be |
