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Agreement made this 29th day of October 1956 in Philadelphia, Pa. between Violet Organ 10 Gramercy Park New York 3, N.Y. and Elizabeth McCausland 50 Commerce Street New York 14, N.Y. (Citizens of U.S.A.) McCAUSLAND [[stamp]] ARCHIVES OF AMERICAN ART [[/stamp]] hereinafter called the Author, and J.B. Lippincott Company, a Pennsylvania corporation, hereinafter called the Publisher, who agree as follows regarding the publication of a literary work tentatively entitled A BIOGRAPHY OF ROBERT HENRI (by Elizabeth McCausland, with Violet Organ) hereinafter called the Work: FIRST: The Author warrants that he is the author and sole proprietor of the said Work and has the sole and exclusive right to dispose of the same; that the Work has not heretofore been published, in whole or in part, in book form; that the Work contains no matter libelous, scandalous or obscene, or infringing upon any copyright or right of literary property or otherwise contrary to law; and that with respect to any adverse claim as to any of the foregoing warranties he will defend, hold harmless and indemnify the Publisher and its licensees. SECOND: The Author hereby grants the Publisher the sole and exclusive right to print, publish and market the Work in book form in the English language in the United States of America, its territories and possessions, the Dominion of Canada, the Philippine Islands and elsewhere throughout the world during the whole term of United States copyright and renewal thereof, and to license its publication in book form, and also grants to the Publisher the sole and exclusive authority to dispose of the following rights: First and Second Serialization, Syndication, Selection, Translation, Digest, Subscription, Dramatization and/or Presentation on the Speaking Stage, Motion Picture (sight and/or sound), Radio Broadcasting, Television, and the right to make and/or cause or permit the making and use of Microfilms, of Mechanical Voice Renditions and/or Voice Recordings of the text of the Work or any part thereof, in visualized or sound form, singly or in combination, or partly in each. THIRD: THE AUTHOR AGREES: 1. To deliver to the Publisher on or before August 1, 1957 a complete manuscript copy of said Work satisfactory to the Publisher in content and form, in length approximately 90,000 words, complete and ready for the printer, together with illustrations therefor. 2. To read, revise, correct and promptly return all proofsheets in such time and manner as will not delay the printer; to provide at his own expense an index, if the Publisher requests it; and to pay, as a charge against royalties, the expense of any alterations or additions authorized by the Author (other than those due to printer's errors) in the proof in excess of ten per cent (10%) of the cost of composition of the said Work as originally supplied by the Author, but in no case shall the Publisher's share of this cost exceed Fifty Dollars ($50), except by mutual consent. 3. Not to publish or permit to be published, except with the written consent of the Publisher, while the Work is on the Publisher's list, any material in book or pamphlet form that might, in the opinion of the Publisher, compete with the sale of the Work. 4. To take or cause to be taken all steps necessary to effect any renewal of copyright of the Work. [[strikethrough]] 5. To grant, and hereby does grant, the Publisher an exclusive option to publish his next It is understood that such option shall be exercised within sixty (60) days after the receipt by the Publisher of the complete and final manuscript; provided, however, that in no case shall the Publisher be obligated to accept or decline such manuscript sooner than sixty (60) days after the publication of the Work hereby contracted for, and provided further, that should the Publisher decline the first book so offered under the option the Author shall be relieved of obligation to submit further books. [[/strikethrough]] FOURTH: THE PUBLISHER AGREES: 1. To copyright the Work in the United States of America in the name of the Publisher. 2. To publish the said Work at the Publisher's expense, not later than one (1) year from date of receiving the manuscript, in such style, and at such price as the Publisher deems conducive to its success, and to use the Publisher's facilities for the distribution and sale of the book so published, it being understood that advertising, number and destination of free copies, J.B.L. to HB STD Cont A-4 5C 12-55
