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3

agreed by and between the parties hereto as follows:

FIRST: The Wright Company agrees that it will take no proceedings whatsoever, legal or otherwise as owner of the patent aforesaid to prevent or interfere with the holding of said contest or the participation therein of any aviators whomsoever, and further agrees as owner of the patent aforesaid that it will make no claim for damages or profits against the Aero Club of America or those conducting the contest or participating therein as contestants, officers, judges, promoters, contributors, employes [[employees]] or otherwise, on account of their proper acts in promoting or conducting said contest or participating therein; nor for or on account of any prizes or prize money received pursuant to paragraph Fourth of this Agreement. For the purposes of this Agreement the said contest shall be considered as confined to competition for the amounts paid and promised to be paid by or with the knowledge and approval of the Aero Club of America as specified in paragraph Fourth of this Agreement. This agreement shall not, however, be construed or understood as a license to conduct any other contest, race or exhibition; nor as a license to any aviator to participate in any other event whatsoever; nor as a license to participate in any prize or reward, except such as may be offered to the contestants in said contest under the terms specified in the Fourth Paragraph of this agreement; nor as a license to use aeroplanes for any purpose whatsoever except that of participation in the particular contest herein specified; nor as a license to manufacture aeroplanes for the purpose of participating in said contest, or for the manufacture of aeroplanes for any other purpose. The Wright Company expressly agreeing to permit Claude Grahame-White and Earl L. Ovington to participate in said contest notwithstanding the injunctions heretofore obtained against them.