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This excerpt taken from the EYE 10-Q filed Aug 9, 2006. 2.6 Express
Reservation of Rights.
Notwithstanding any of the other provisions of this Agreement, including
the releases set forth in paragraphs 2.3 and 2.4 above, each party expressly
reserves the right, in the event that such party is accused of patent
infringement in any future litigation, to challenge, on any basis, the
validity, enforceability or claimed infringement of the patent or patents asserted
against such party, including without limitation the Alcon Patents, the AMO
Patents, and any patents the Parties may own in the future.
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