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This excerpt taken from the ATVI 10-Q filed Feb 8, 2006. Joint Actions. Publisher
and Microsoft may agree to jointly pursue cases of infringement involving theSoftware Titles or Online Content (since
such products will contain intellectual property owned by each of them). Unless the parties otherwise agree, or unless the recovery is expressly allocated between
them by the court (in which case the terms of Sections 14.1 and 14.2 will apply), in the event Publisher and Microsoft
jointly prosecute an infringement lawsuit under this provision, any recovery will be used first to
reimburse Publisher and Microsoft for their respective reasonable attorneys feesand expenses, pro rata, and any remaining recovery shall also be given to Publisher and Microsoft
pro rata based
upon the fees and expenses incurred
in bringing such action.
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