Owner shall pay to the Retailer at the current net prices quoted to the Retail trade for the same quantities of said products. Nothing herein contained, however, shall be considered to be a waiver of the Owner's right to recover damages for such breach.

Eleventh: The Retailer recognizing further that his breach of this agreement damages every other Retailer who has signed a similar contract agrees that the Retailer shall pay in addition to the Owner, as liquidated damages a reasonable attorney's fee if and when and as often as the Owner shall obtain a final judgment in any court for a breach of this agreement by an action at law or in equity.

Twelfth: It is further agreed that the parties recognizing the damage that will necessarily follow a breach of this agreement to all other retailers who have signed similar contracts, further agree that in addition to all other rights and remedies the Owner shall be entitled to injunctive relief against any and all or actual or threatened breaches of this agreement and in addition thereto shall be entitled to specific performance of the repurchase agreements contained herein.

Thirteenth: The Owner recognizing the damages to the Retailer by the actual or threatened breach of a similar agreement by a retailer handling the Owner's products for resale to the consumer agrees that in the event of a breach of a similar agreement by any other retailer, to take immediate action in the Courts of this State for injunctive relief as well as damages for the breach thereof, and to pursue the other remedies available to them under this agreement and to apply to the courts of this State for specific performance of the terms of such agreement, if in the opinion of Owner and its counsel, such action is warranted under the ther existing conditions.

Fourteenth: This agreement shall become effective December 15th, 1936, and shall continue in operation for a period of five (5) years from date unless previously cancelled as herein below provided.

The Owner shall have the right to cancel this agreement on sixty (60) days prior written notice delivered to the Retailer.

Fifteenth: This contract is made in pursuance of and by authority of the Fair Trade Act of the State of New York, must be executed in the State of New York by both parties hereto, and shall apply only to the sales made within the State of New York of beverages located therein.

CANADA DRY GINGER ALE, INCORPORATED,

WITNESS:

By.

EXHIBIT No. 426

--Owner.
__Retailer.

[Submitted by Canada Dry Ginger Ale, Inc.]

PRICE SCHEDULE, METROPOLITAN AREA, Canada DRY GINGER ALE, INCORPORATED PRODUCTS, EFFECTIVE Nov. 1, 1938

[NOTE. This price list embodies all the corrections that have taken place in our schedules since our last price list dated July 1, 1938. May we ask your full cooperation in maintaining these prices?]

PRICE SCHEDULE, METROPOLITAN AREA, CANADA DRY GINGER ALE, INCORPORATED PRODUCTS, EFFECTIVE Nov. 1, 1938-Continued

The figures below set forth the available information by dollar volume of newspaper and national magazine advertising by National Distillers Products Corporation, Schenley Distillers Corporation, Seagram Distillers Corporation, and Hiram Walker & Sons, Inc., and subsidiaries during the years 1934, 1935, 1936, 1937, and 1938:

1 Submitted by Advertising Age. It is understood that the magazine figures were compiled by Publishers' Information Bureau and newspaper figures by Media Records, Inc.

Taken from questionnaires submitted by industry members.

These figures represent the most accurate information obtainable on this subject. They do not include, however, the total advertising expenditures by the companies involved, since outdoor, point of sale, and specialty advertisements are not included.

Outdoor Advertising, Inc., advised that $4,000,000 was spent last year for national outdoor advertising and approximately $1,000,000 for local outdoor advertising.

The Federal Alcohol Administration regularly subscribes to approximately 60 daily newspapers and 30 magazines, in which appear an average of approximately 1,350 advertisements of alcoholic beverages per week.

Attached hereto is a representative cross section of current national magazine and newspaper advertisements for distilled spirits.

"EXHIBIT NO. 428", introduced on p. 2628, is on file with the Committee

Dues.

Initiation fees.

Sales of copies of code, etc...
Miscellaneous income.

Sales of summaries of State
laws..

Sale of office equipment...

Total..

$206, 126. 19 $142, 216. 89 $221, 028. 47 $348, 755. 85 $323, 364. 27 $1, 241, 491. € 300.00 3,715.00

27.27

39.26

394.40

140.00

4, 155.00

27.27

39.26

394.40

511 OC

206, 153. 46 142, 556. 15 225, 137. 87 349, 330. 85 323, 440. 27 1,246, 618 60

1 The Association of Distilled Spirits Industry and the Distilled Spirits Institute occupied the same offices and functioned through the same salaried personnel. The Association reimbursed the Institute in the amounts shown for the proportion of the joint expenses applicable to both organizations.

The amount of $30,$40.56 for Advertising includes $25,000 paid to the distillers' executive committee on account of an appropriation of $35,000 made by the board of directors on Oct. 29, 1935, to meet expenses in giving publicity to statistics and other data in Kentucky.

3 Payments to Repeal Associates included in "Clipping service" in 1936 and 1937. In 1938 these payments are included in "Education and publicity."

EXHIBIT No. 430
OHIO

WHEREAS the members of the Distilled Spirits Institute, Incorporated, desire, in furtherance of the declared purposes of the Institute, to cooperate with the Board of Liquor Control and the Director of Liquor Control of the Department of Liquor Control of the State of Ohio in promoting sound and ethical trade practices in the State,

Be it resolved, That for the more definite and specific guidance of representatives of members of the Institute, no agent, employee, or representative of any member shall directly or indirectly engage in any of the following transactions or actions: 1. Grant, allow, pay, or rebate, directly or indirectly, any cash or merchandise to any permittee, imcluding (a) purchase of merchandise at retail for delivery to a permittee; (b) Grant or allow or pay anything of value to permittees for the privilege of displaying advertising; (c) Grant, allow or pay tips to bartenders to induce

the sale of merchandise; and (d) Purchase drinks "for the House" to induce the sale of merchandise.

2. Visit state stores or personally contact the store employees for the purpose of promoting the sale of merchandise.

3. Solicit store or office personnel to promote the sale of particular brands otherwise than as authorized in regulations promulgated by the Director of Liquor Control.

4. Induce permittees to acquire excessive amounts of merchandise inventory. 5. Sales to permittees on any terms of credit.

6. Apply for information as to merchandise which has left bailment warehouse only at the central office in such manner as shall be prescribed by the Director of Liquor Control.

7. Entertain or offer gratuities to store or office personnel, or otherwise contact such persons except in matters arising in the regular course of business.

SUPPLEMENTAL DATA

The following letter is included at this point in connection with testimony on p. 2598, supra.

DEAR MR. BUCK: Last Friday morning when I testified before the Temporary National Economic Committee, you asked if I would supply you with a list of the principal Brands owned or controlled by the Distillers Company Limited (Edinburgh), now being imported by American Distributors.

The following price lists are included at this point in connection with testimony on p. 2580, supra.