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This excerpt taken from the ATVI 10-Q filed Feb 8, 2006. Submissions to the Authorized Replicator. Microsoft,
and not Publisher, will provide to the applicable Authorized Replicator the final release version
of the Software Title and all specifications required by Microsoft for themanufacture of the FPUs including, without
limitation, the Security Technology (as defined in Section 7.9 below). Publisher is responsible for preparing and delivering to the Authorized Replicator
all other items required for manufacturing FPUs including approved Packaging Materials associated with the FPUs. Subject to the approval of Publisher (which approvalshall not be unreasonably withheld), Microsoft
has the right to have included in the packaging of FPUs such promotionalmaterials for Xbox, Xbox 360, Xbox Live,
and/or other Xbox or Xbox 360 products or services as Microsoft may determine in its reasonable discretion. Microsoft will be responsible for delivering to
the Authorized Replicator all such promotional materials as it desires to include with FPUs, and, unless otherwise
agreed by the parties, any incremental replication and insertion costs relating to such marketing materials
will be borne by Microsoft.
7.3 |
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