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This excerpt taken from the EYE 10-Q filed Aug 9, 2006. 7.1. CEO
Discussions. Before initiating
any litigation, the Parties shall endeavor to amicably resolve any dispute arising
out of this Agreement or any other dispute pertaining to the respective
businesses of the Parties. Before
initiating any litigation arising out of or related in any way to this
Agreement, to the AMO Patents or the Alcon Patents, to the AMO Products or the
Alcon Products, or otherwise arising out of the business activities of the
Parties, the Parties agree that the Chief Executive Officer of the party that
proposes to initiate litigation (the Initiating Party) shall contact the
Chief Executive Officer of the other party to attempt to resolve any dispute
informally without resort to litigation, contemporaneously with or before
giving any written notice of the existence of a dispute. The Chief Executive Officers may resolve the
dispute themselves, or may designate other representatives to discuss and
attempt in good faith to resolve the dispute. Each party shall work diligently to address
the concerns raised by the other, and in any event shall attempt to resolve the
dispute within twenty-one (21) days of being notified in writing of the
existence of a dispute, or such other length of time as the Parties may both
agree upon in writing.
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