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No Attribution. SMIC covenants and agrees that it will not make any statements that will suggest or imply to any third party (including but not limited to customers) that SMIC’s manufacturing processes, including, without limitation, process flows, process recipes or design rules, use or are derived from TSMC processes or technology, or are “based on TSMC’s processes,” are “TSMC compatible,” are “TSMC-like,” are “T-like,” or otherwise suggest a use of or a derivation from TSMC, compatibility with TSMC’s processes or technology, or endorsement by TSMC. However, SMIC may state that its operations are “foundry compatible” according to generally accepted industry standards.
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No Attribution. Assignee shall not attribute to Assignor or such consulting engineers any reports or studies or the contents thereof in any securities filings or reports to owners or holders of interests in the Assignee.
No Attribution. Notwithstanding anything herein to the contrary, no action or failure to act of any member of the Purchaser Group (in their capacity as such), shall be attributed to the Company and any other Acquired Company when determining whether the Company or any Acquired Company or any of their Representatives have breached, or otherwise failed to comply with, any of the representations, warranties, covenants, agreements or other terms of this Agreement.
