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suit in equity against Earl L. Ovington, of New York, and other suits for like relief and damages have been and may be instituted by said The Wright Company against various other aviators of America and Europe and manufacturers of flying machines, including The Herring-Curtiss Company and Glenn H. Curtiss, of New York, but no Decree or Judgement has yet been granted or entered in any of the aforesaid suits determining the validity and scope of said Letters Patent which is controlling thereof except as against Claude Grahame-White and Earl L. Ovington; and 

WHEREAS a Cross-Country Circuit Aeroplane contest is proposed to be held in the Middle West of the United States in or about the month of September 1912, under the sanction of the Aero Club of America, open to any and all American and Foreign Aviators and machines, licensed or approved by said Aero Club of America, and it is desired that said contest may be conducted without any interference by, or any liability whatsoever on the part of said Aero Club of America, or other person, firm or corporation holding said contest or the managers or judges thereof or participants therein to, said The Wright Company, irrespective of whether any of said persons, firms or corporations are now or may hereafter be enjoined in any way from importing, flying, using or exhibiting certain aeroplanes or whether the machines intended to be used and flown in said race have been or may be held or are considered an infringement upon said Letters Patent;

NOW, THEREFORE, in consideration of the premises and of the sum of One Dollar ($1.) each to the other in hand paid before the execution of this Agreement, the receipt whereof is hereby severally acknowledged, and in further consideration of the covenants hereinafter contained, it is hereby mutually