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This excerpt taken from the ATVI 10-Q filed Feb 8, 2006. Authorized Replicators. Publisher
will use only an Authorized Replicator to produce FPUs. Prior to placing an order with a replicator for FPUs, Publisher shall confirm with
Microsoft that such entity is an Authorized Replicator. Microsoft will endeavor
to keep an up-to-date list of Authorized Replicators in the Xbox 360 Publisher Guide. Publisher
will notify Microsoft in writing of the identity of the applicable Authorized Replicator
and the agreement for such replication
services shall be as negotiated by Publisher and the applicable Authorized Replicator,
subject to the requirements in this
Agreement. Publisher acknowledges that Microsoft
may charge the Authorized Replicator fees for rights, services or products associated with the manufacture of FPUs
and that the agreement with the Authorized Replicator grants Microsoft the right to instruct the Authorized Replicator
to cease the manufacture of FPU and/or prohibit the release of FPU to Publisher or its agents in the event Publisher
is in breach of this Agreement or any credit arrangement entered into byMicrosoft and Publisher or Publisher affiliates. Microsoft does not guarantee any level of performance
by the Authorized Replicators, and
Microsoft will have no liability to Publisher for any Authorized Replicator’s failure
to perform its
[*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
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obligations under any applicable agreement between Microsoft and such Authorized Replicator and/or between Publisher and such Authorized Replicator. Microsoft has no responsibility for ensuring that FPUs are free of all defects.
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