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This excerpt taken from the ATVI 10-K filed Jun 14, 2007. 6.3 Liquidated Damages. As an additional option in lieu of
termination under Section 14.4 of the PS3 LPA, SCEA may require Publisher to
pay liquidated damages of [***] for certain breaches of the Agreement,
including violations of SCEAs trademark rights under Section 6.8.2 of the PS3
LPA. Liquidated damages may be invoiced separately or on Publishers next
invoice for Disc Products. Election of liquidated damages shall not constitute
a waiver of or compromise with respect to any of SCEAs rights under this Rider
or the PS3 LPA and SCEA may elect to terminate the PS3 LPA with respect to any
breach.
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