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This excerpt taken from the MRVL 10-Q filed Sep 8, 2005. Termination Date”); provided,
that the right to terminate this Agreement under this Section 8.1(e) shall
not be available to (i) Seller if the failure of Seller to fulfill any of
its obligations under this Agreement substantially caused the failure of the
Closing to occur on or before such date or (ii) Buyer if the failure of
Buyer to fulfill any of its obligations under this Agreement substantially
caused the failure of the Closing to occur on or before such date.
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