That agreement - doesn't hold either party to much.
Either party can terminate it with one month's notice. It doesn't cost WD anything or require anything of them beyond providing industry advice and insight.
WD can take the attitude of many investors here - little outlay or potential loss for potentially massive upside. They get first refusal to match/outbid on any takeover offer and get guaranteed access to a license at industry standard rates. If it fails - no harm done and WD moves on.
Ann: imec shipment of Fourth Platform Lot, page-75
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