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These excerpts taken from the AAPL 10-K filed Dec 1, 2005. Exclusions Freescale will have no obligation to defend or indemnify Apple if: (i) Apple or any third party altered the MPUs after delivery and the alleged infringement would not have occurred but for such alteration; or (ii) such Claim is based on [**] the MPUs [**] and the MPU would not have infringed but for such [**].
[**] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
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Exclusions Freescale will have no obligation to defend
[**] Certain
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