488 REPORT ON COOPERATION IN AMERICAN EXPORT TRADE,

ducers, the determination of the new amount guaranteed, ete., must all be made
within the month following the end of each business year; any overproducer
who shall not pay the sum due from him into the hands of the manager within
15 days after the latter shall have requested such payment shall be subject to
a fine of 1,000 franes, which shall be increased to 5,000 francs in the event of
his refusing a second request made to him by registered letter.
ArtrIicLE XIII,

Each of the coparticipants shall retain the full and entire ownership of his
industrial undertaking, of his commercial organization, ete.
Those coparticipants who shall treat with third parties shall always do so
in their own personal names, and may involve no one but themselves either
actively or passively in any obligations; the present agreement creates no action
nor obligation toward third parties on the part of the participants.
ArriCciE XIV,
For the purpose of ascertaining and fixing the value of the amount of business
transacted by each of the undersigned with regard to each of the other coparticipants,
 and of being able to determine the amount of business done by
him out of the total amount transacted, they shall draw up a tariff in which
the metallic capsules manufactured by the undersigned shall be classified, catalogued,
 and priced according to description, dimensions, and series.
A copy of this tariff regulating the contributions of the members between
themselves will be attached to the present agreement after having been signed
by each of the participants.
This tariff can not be altered except by majority of two-thirds of the votes
belonging to the coparticipants.
ARTICLE XV.

1. Every parcel of capsules dispatched or supplied by one of the members
of the association to any client whatever in France, Algiers, or Tunis must
be mentioned on a special memorandum bearing the date of dispatch, the name
of the addressee, the nature and proportion of the order, the number of the
class to which the capsules belong, the weight and price agreed on according
to the tariffs which are applicable to the relations of the manufacturers among
themselves, and finally the price agreed on with the client.
2, The manager shall enter to the account of each participant the amount of
the deliveries made by him, calculated at the agreed tariff which may then
be in force, without any modification for returns, discount for payment in advance,
 commission, amounts for carriage, or otherwise. .
3. The memoranda drawn up as above shall be forwarded to the committee
of the joint association within the fortnight following the 1st and 15th day of
sach month, .
4. Should one of the members have failed to forward the memoranda in
question to the manager within the period named, or should he fail to comply
with a summons addressed to him by registered letter, it is expressly agreed,
by way of a penal clause, that he shall be subject to a penalty of 500 francs for
each eight days’ delay, which sum shall be paid into the reserve fund of the
participation, and should it not be otherwise used shall be divided upon the
dissolution of the association between all the members in proportion to their
effective participation, with the exception of the delinquent.
ARTICLE XVI.

The amount of business which may be done with a client who shall have
ceased for at least one year prior to the signature of these presents to have
dealt with any one of the members of the participation, shall not be taken into
consideration in the accounts of the participation.
Provided, always, that if a client thus taken away from a nonmember by a
member of the participation shall leave the latter in order to deal with another
nf the coparticipants, the amount of business done by the latter with the said
client shall be taken into consideration in the account of the first participant..
Moreover, the guaranteed amount attributed to the first member of the participation
 who has thus taken a client away from a nonmember shall be increased
 by one-half the amount of business transacted by him with the said