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Technology Stocks : Qualcomm Incorporated (QCOM) -- Ignore unavailable to you. Want to Upgrade?

To: JGoren who wrote (36138)	7/20/1999 2:00:00 PM
From: Morgan Drake	Respond to of 152472

RE: Motorola. Please, Drs. J & V. Now is not the time to be "reasonable." We would all appreciate it here if you would just run Motorola clean through on this one. Thanx. Morgan & Co.

To: JGoren who wrote (36138)	7/20/1999 2:03:00 PM
From: marginmike	Read Replies (3) \| Respond to of 152472

Mot not allowed to sell chips to others. I bet Mot is using Q chips from pantech and not putting the "digital by Qcom" sticker. a major breach!

To: JGoren who wrote (36138)	7/20/1999 2:03:00 PM
From: Morgan Drake	Read Replies (3) \| Respond to of 152472

Lehman's institutional acct reps just called here trying to push some more Q. Looks like institutional buying is starting to kick in. Morgan

To: JGoren who wrote (36138)	7/20/1999 2:06:00 PM
From: Mike 2.0	Read Replies (1) \| Respond to 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.