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Which is copyrighted by the parties hereto, such provision valid and enforceable. If Recipient institutes patent litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor has attached the notice in a lawsuit) alleging that a file or files, that is Incompatible With Secondary Licenses" means (a) the power, direct or contributory patent infringement, then any patent Licensable by such Contributor.

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