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Technology Stocks : Qualcomm Incorporated (QCOM)
QCOM 151.59-0.4%Jan 30 9:30 AM EST
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To: JGoren who wrote (36138)7/20/1999 2:06:00 PM
From: Mike 2.0  Read Replies (1) of 152472
 
Asking for a declaratory judgment is brilliant. The only problem is that Q wants to keep part of the agreement. Generally, one has to take a contract as a whole; you can't void part without voiding the whole.

Actually, that is not true if there is a severability clause in the contract. Such a clause would basically state that the invalidity of any specific provisions of the agreement will not affect the remainder of the agreement. I would suspect there is indeed a severability clause in the agreement and Q is seeking to render MOT's rights under the agreement as invalid, with Q's rights remaining unaffected per the severability clause.
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