13. Copex has delivered to Harper Row the complete manuscript in Russian, which manuscript has been translated into the English language by MRS. PRISCILLA JOHNSON McMILLAN. Both the translator and the translation have been approved by Copex and Harper Row. Harper Row agrees that all editions of the work published by it or licensed by it hereunder shall contain the translation exactly as approved by the parties hereto and without any changes, deletions or alterations thereof. It is further agreed that Copex will use its best efforts to obtain an assignment of copyright to the English language translation from the translator after publication by Harper Row, so that Harper Row may obtain its share of royalties and other revenues received from the use thereof.
14. In case of any infringement of the copyright to the work, Harper Row may, at its discretion, sue or employ such remedies as it deems expedient and if Copex agrees to such suit all such suits or proceedings shall be at the joint expense of both parties, and the net proceeds of any recovery shall be divided equally between them; if the copyright is in the name of Copex, such suit may be instituted by Harper Row in the name of Copex. If Copex refuses to join in an infringement proceeding, the proceeds of recovery shall be the sole property of Harper Row regardless of whether suit is instituted in the name of Copex.
15. Harper Row agrees to give Copex ten (10) copies of the said book without charge. Additional copies may be purchased by Copex at a discount of forty per cent (40 %) off the cover price.
16. This agreement may be assigned by either party without the consent of the other party, and its provisions shall bind and inure to the benefit of the parties and to their respective successors and assigns.
17. Both parties agree that in case the purchase price due Copex from the said work shall exceed Thirty-Five Thousand Dollars ($35,000) in any one calendar year after 1967, Harper Row shall apportion the payment or payments of all such excess over a period of years so that there shall not be paid by Harper Row to Copex, in any one year after 1967, an amount which shall exceed $35,000.
18. This agreement is intended as and shall be interpreted as a complete sale of rights and not as a publishing licence.
19. All rights not specifically granted to Harper Row herein or in the preliminary Memorandum of Agreement are reserved to Copex.
20. This is the complete agreement between the parties and it may not be modified or a waiver of any of its terms claimed unless in writing signed by both parties.