JURISDICTION
TO CALL THEREFOR; OR
(C)
SUBJECT TO (D) BELOW, AS OTHERWISE MAY BE
REQUIRED BY LAW OR LEGAL PROCESS, INCLUDING TO LEGAL AND FINANCIAL ADVISORS IN
THEIR CAPACITY OF ADVISING A PARTY IN SUCH MATTERS; OR
(D)
DURING THE COURSE OF LITIGATION SO LONG AS
THE DISCLOSURE OF SUCH TERMS AND CONDITIONS ARE RESTRICTED IN THE SAME MANNER AS
IS THE CONFIDENTIAL INFORMATION OF OTHER LITIGATING PARTIES AND SO LONG AS (A)
THE RESTRICTIONS ARE EMBODIED IN A COURT-ENTERED PROTECTIVE ORDER AND (B) THE
DISCLOSING PARTY INFORMS THE OTHER PARTY IN WRITING AT LEAST TEN (10) DAYS IN
ADVANCE OF THE DISCLOSURE; OR
(E)
IN CONFIDENCE TO LEGAL COUNSEL,
ACCOUNTANTS, BANKS AND FINANCING SOURCES AND THEIR ADVISORS SOLELY IN CONNECTION
WITH COMPLYING WITH FINANCIAL TRANSACTIONS.
6.12
TRADEMARKS. NEITHER PARTY MAY USE THE OTHER PARTY'S NAME OR TRADEMARKS IN
ADVERTISEMENT, MATERIALS, WEB SITES, PRESS RELEASES, INTERVIEWS, ARTICLES,
BROCHURES, BANNERS, LETTERHEAD, BUSINESS CARDS, PROJECT REFERENCE OR CLIENT
LISTINGS, WITHOUT THE OTHER'S PRIOR REVIEW AND WRITTEN CONSENT.
6.13
COMPLIANCE WITH LAWS. ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY
NOTWITHSTANDING, THE OBLIGATIONS OF THE PARTIES HERETO AND OF THE SUBSIDIARIES
OF THE PARTIES SHALL BE SUBJECT TO ALL LAWS, PRESENT
7
AND FUTURE, OF ANY GOVERNMENT HAVING JURISDICTION OVER THE PARTIES HERETO OR THE
SUBSIDIARIES OF THE PARTIES, AND TO ORDERS, REGULATIONS, DIRECTIONS OR REQUESTS
OF ANY SUCH GOVERNMENT.
6.14
FORCE MAJEURE. THE PARTIES HERETO SHALL BE EXCUSED FROM ANY FAILURE TO
PERFORM ANY OBLIGATION HEREUNDER TO THE EXTENT SUCH FAILURE IS CAUSED BY WAR,
ACTS OF PUBLIC ENEMIES, STRIKES OR OTHER LABOR DISTURBANCES, FIRES, FLOODS, ACTS
OF GOD, OR ANY CAUSES OF LIKE OR DIFFERENT KIND BEYOND THE CONTROL OF THE
PARTIES.
IN WITNESS WHEREOF, the parties hereto have caused this Amended License
Agreement to be duly executed on the date below written.
INTEL CORPORATION
Cymer, Inc.
By:
/s/ Chris Philippi
By:
/s/ Robert P. Akins
Chris Philippi
Robert P. Akins
Printed Name
Printed Name
EUV Business Manager
CEO
Title
Title
6/28/06
6/27/06
Date
Date
8
EXHIBIT A - LICENSED PATENTS
Patent Number
[ . . . * * * . . . ]
* * * Confidential Treatment Requested
9