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This excerpt taken from the GPS 10-Q filed Jun 9, 2009. 23.2 Quiet Enjoyment Supplier represents and warrants that this Agreement is neither subject nor subordinate to any right or claim of any third party, including, without limitation, Suppliers creditors. Further, Supplier represents and warrants that during the Term (including in connection with any assignment permitted under Section 39.1 (Assignment)), it will not subordinate this Agreement or any rights hereunder to any third party without the prior written consent of Gap, and without providing in such subordination instrument for non-disturbance of Gaps use of the Services, Supplier Equipment, and Supplier Software in accordance with this Agreement.
Gap Confidential and Proprietary Information 61
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