Draft of letter from the National Phonograph Company to the International Text Book Company.
Dear Sirs:-
We agree to defend at our own expense all suits based on alleged infringements of patents, or on alleged violation of contracts claimed to be binding on us, that may be brought against you or your agents or students on account of using, selling or loaning in the United States phonographs, records or phonograph supplies sold by us to you; and to pay all judgments for costs and damages that may be recorded bona fide against you or your agents or students in any such suits; provided that we shall receive notice of the commencement of such suits in time to interpose a defense, and that the conduct of such defense shall be exclusively in the hands of our attorneys.
We also agree to defend at our own expense all suits that may be brought against you by any of your students (to whom you have sold or loaned phonographs, records or phonograph supplies purchased from us) to recover damages for breaches of contract claimed to have arisen by reason of such students having been enjoined by a Court of Law or Equity from using such phonographs, records or phonograph supplies, add to pay all judgments for costs and damages rendered against you in any such suits; provided that we shall receive notice of the commencement of all such suits for injunction against your students and of all such damages by your students against you, in time to interpose a defense, and that the conduct of the defense of all such suits shall be exclusively in the hands of our attorneys. We are not to be responsible, however, for any judgment rendered in any such suit for damages brought by any of your students against you to an amount exceeding the amount paid to you by such student for tuition together with interests and costs.
This guarantee is to supply to all phonographs, records and phonograph supplies already sold by us to you. Also to all phonographs, records and phonograph supplies hereafter sold by us to you until we shall give you a written notice of the cancellation of this guarantee. After such notice is received by you this guarantee shall not, unless otherwise agreed between us, apply to phonographs, records or phonograph supplies thereafter sold by us to you.
Yours truly,
