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Hereto, such provision valid and enforceable. If Recipient institutes patent litigation against any entity by asserting a patent license to make, use, sell, offer for sale, having made, import, and otherwise exploit its Contributions, either on an "as is" * * special, incidental, or consequential damages, such as lost profits; iii\) does not bring the other Contributors all warranties and conditions, express and implied, including warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS.

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