Interesting indeed. It may be that part of the deal currently in place would be that the considerable effort EM have put in to solving the various issues is recognised by them owning the IP around that ("owning" may have various structures and arrangements around it etc). In any sort of a sale or licensing arrangement to other fabs they would then have an opportunity to capitalise on that investment. Either way, I'm sure there is an interesting contract somewhere that would make an illuminating read...
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