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This excerpt taken from the EYE 10-Q filed Aug 9, 2006. 2.3. Release
by Alcon. In
consideration of the value provided by AMO hereunder, Alcon, on behalf of
itself, its shareholders, officers, directors, employees, predecessors,
successors, and assigns, hereby irrevocably releases AMO and its shareholders,
officers, directors, employees, customers, licensees, distributors, third party
manufacturers and the end users of any AMO Products, from any and all claims,
counterclaims, actions, causes of action (derivative or direct), known or
unknown, accrued or unaccrued, suspected or unsuspected, whether at law, in
equity, or both, and whether for infringement of a patent identified in
paragraph 1.3, above, or otherwise, which have been, could have been, or could
in the future be asserted with respect to any AMO Products made, sold, on sale,
offered for sale, leased, or otherwise distributed or offered for distribution from
the beginning of time up to and including the Effective Date, and from any
claims or rights to compensation, damages, costs, expenses or fees (including
attorneys’ fees) of any kind or description relating thereto, except as specifically
6 set forth in this Agreement. The releases of this paragraph 2.3 also apply to Allergan, Inc. but only to the extent a claim or cause of action would be released under this paragraph 2.3 if made against AMO, and such claim or cause of action arises from the Phacoemulsification Equipment (as defined in paragraph 3.5.6 below) business of Allergan, Inc. prior to the spin-off of AMO from Allergan, Inc. |
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