SUCCESSOR WHO HAS ACQUIRED A MAJORITY OF THE BUSINESS OR ASSETS OF THE ASSIGNING
PARTY.
15.6 PUBLIC ANNOUNCEMENTS.
NEITHER PARTY WILL PUBLICLY ANNOUNCE THE EXECUTION OR EXISTENCE OF THIS
AGREEMENT OR DISCLOSE THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT FIRST
SUBMITTING THE TEXT OF SUCH ANNOUNCEMENT TO THE OTHER PARTY AND RECEIVING THE
APPROVAL OF THE OTHER PARTY OF SUCH TEXT, WHICH APPROVAL, UNLESS PUBLIC
DISCLOSURE IS REQUIRED BY A COURT OR A GOVERNMENT AGENCY, MAY BE WITHHELD FOR
ANY REASON.
HOWEVER, LATTICE MAY DISCLOSE THE EXISTENCE AND THE TERMS OF THIS
AGREEMENT IN ANY DOCUMENT LEGITIMATELY REQUIRED TO BE FILED WITH THE SECURITIES
AND EXCHANGE COMMISSION (AND MAY FILE A COPY OF THIS AGREEMENT REQUIRED
LEGITIMATELY WITH SUCH FILING) OR IN ACCORDANCE WITH GENERALLY ACCEPTED
ACCOUNTING PROCEDURES UNDER THE RULES OF THE SECURITIES AND EXCHANGE COMMISSION
OR THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATED QUOTATIONS STOCK
MARKET.
15.7 NOTICE AND COMMUNICATIONS.
ANY NOTICES REQUIRED OR PERMITTED TO BE GIVEN HEREUNDER WILL BE IN ENGLISH AND
BE SENT BY (I) REGISTERED AIRMAIL OR (II) CABLE, FACSIMILE OR TELEX TO BE
CONFIRMED BY REGISTERED AIRMAIL, ADDRESSED TO:
22
* Omitted and filed separately with the SEC pursuant to a confidential treatment
request
To Epson:
281 Fujimi, Fujimi-machi, Suwa-gun
Nagano-ken 399-02, Japan
Attn: Nobuo Hashizume,
Director and Corporate General Manager
Semiconductor Operations Division
Tel:
81-266-61-1211
Fax:
81-266-61-1270
To SMOS:
150 River Oaks Parkway, San Jose, CA 95134-1951
U.S.A.
Attn: Tadakatsu Hayashi, President and CEO
Tel:
1-408-922-0200
Fax:
1-408-922-0238
To Lattice:
5555 N.E. Moore Ct., Hillsboro, Oregon,
97124-6421, U.S.A.
Attn: Cyrus Tsui
Chairman, President and Chief Executive Officer
Tel:
1-503-681-0118
Fax:
1-503-681-3077
Any such notice will be deemed given at the time of its receipt by the
addressee.
15.8 RELATIONSHIP OF THE PARTIES.
EPSON AND LATTICE ARE INDEPENDENT CONTRACTORS AND NEITHER OF THEM WILL BE NOR
REPRESENT THEMSELVES TO BE THE LEGAL AGENT, PARTNER OR EMPLOYEE OF THE OTHER
PARTY FOR ANY PURPOSE.
NEITHER PARTY WILL HAVE THE AUTHORITY TO MAKE ANY
WARRANTY OR REPRESENTATION ON BEHALF OF THE OTHER PARTY NOR TO EXECUTE ANY
CONTRACT OR OTHERWISE ASSUME ANY OBLIGATION OR RESPONSIBILITY IN THE NAME OF OR
ON BEHALF OF THE OTHER PARTY.
IN ADDITION, NEITHER PARTY WILL BE BOUND BY, NOR
LIABLE TO, ANY THIRD PERSON FOR ANY ACT OR ANY OBLIGATIONS OR DEBT INCURRED BY
THE OTHER PARTY, EXCEPT TO THE EXTENT SPECIFICALLY AGREED TO IN WRITING BY THE
PARTIES.
15.9 WAIVER AND AMENDMENT.
FAILURE BY EITHER PARTY, AT ANY TIME, TO REQUIRE PERFORMANCE BY THE OTHER PARTY
OR TO CLAIM A BREACH OF ANY PROVISION OF THIS AGREEMENT WILL NOT BE CONSTRUED AS
A WAIVER OF ANY RIGHT ACCRUING UNDER THIS AGREEMENT, NOR WILL IT AFFECT ANY
SUBSEQUENT BREACH OR THE EFFECTIVENESS OF THIS AGREEMENT OR ANY PART HEREOF, OR
23
* Omitted and filed separately with the SEC pursuant to a confidential treatment
request
PREJUDICE EITHER PARTY WITH RESPECT TO ANY SUBSEQUENT ACTION.
A WAIVER OF ANY
RIGHT ACCRUING TO EITHER PARTY PURSUANT TO THIS