Rose - Thomson Reuters

[1923] 2 K.B. 261 Page 181923 WL 18206 (CA), (1923) 14 Ll. L. Rep. 519, [1924] All E.R. Rep. 245(Cite as: [1923] 2 K.B. 261)be ordered of them or either of them by the party ofthe third part for the use of the party of the thirdpart or for further sale by it in the said countriesupon prices to be agreed upon between the partiesfrom time to time during the term of this contract,but not oftener than twice in each year, subject toall usual discounts; it being the intention of theparties that the prices to be agreed upon shall be thelowest prevailing market prices and shall dependon the prices of raw material and labor (sic) for thetime being and that such prices shall not bechanged by the parties of the first and second partsexcepting after six months' notice in writing to theparty of the third part of their intention to make anychanges therein.3. The parties of the first and second parts agreenot to sell or deliver to any person or personswhomsoever wheresoever situate except to theparty of the third part or upon the order of the partyof the third part any blue carbonizing paper nor anypaper known as No. 2 Carbonizing Paper of theparty of the second part in any weight or quality,and to manufacture exclusively for the party of thethird part papers heretofore marketed by the partyof the third part by the designation 'R. & F.' and'Sheepskin' or any other similar carbonizing papermanufactured according to the same formula as thesaid last specified paper under any other namewhatsoever.4. The parties of the first and second parts agreethat they will not manufacture sell or deliver for orto any person or persons wheresoever situatedirectly or indirectly excepting to the party of thethird part any paper or papers not heretoforemanufactured or sold by the parties of the first andsecond parts or either of them the manufacture ofwhich may be suggested to them or either of themby the party of the third part.conditioned upon such purchases.*301 7. The parties of the first and second partsagree promptly to make all deliveries as and whenrequired by the party of the third part, exceptingand subject only to the act of God or unavoidablestrikes and lock outs.8. This agreement shall continue in force for theperiod of three years from the date hereof and shallthereafter be deemed to be extended and continuedfor a further period of three years unless before theexpiration of the first period of three years noticeshall have been given in writing by any of theparties to the others of a desire to terminate thesame upon such expiration.9. The parties of the first and second parts agreethat they will promptly turn over and refer to theparty of the third part all enquiries which they oreither of them may receive with reference to theuse, sale and importation into the territory coveredby this agreement of the merchandise hereinbeforespecified, and that they will not during the term ofthis agreement quote prices or offer the same forsale in the said territory excepting by and with theconsent in writing of the party of the third part.(c) Incorporated Council of Law Reporting ForEngland & WalesEND OF DOCUMENT5. Anything contained in paragraph 1 of thisagreement to the contrary notwithstanding theparties of the first and second parts may continue tosell and deliver to F. S. Webster Company ofBoston, Massachusetts, and to persons in theDominion of Canada who prior to the executionand delivery of this agreement have been customersof the parties of the first and second parts or eitherof them such papers as they have been supplying tothe said purchasers.6. The party of the third part agrees during theterm of this agreement to purchase of the parties ofthe first and second parts annually such quantitiesas will at least equal its average annual purchasesof them during the calendar years 1910, 1911 and1912; it being understood and agreed that thecontinuance of the sole agency heretofore created isCopr. © West 2004 No Claim to Orig. Govt. Works