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AL WD 6 TZ FILED LOOGED] TED STATES orsrarc? coud? RECEIVED UNITE! ‘ATES DISTRICT COU, RECEIVED. COPY, Peete FOR THE DISTRICT OF ARIZONI : DELAZ 1994 ya EC 28 untiEp STATES OF AMERICA, Plaintite, ve Civil Action No. Cv 94- 345-Tuc - WbB Eateuedh: 1efex{9y PILKINGTON plc; and PILKINGTON HOLDINGS Inc. Defendants. EINAL JUDGMENT Plaintiff, the United States of America, having filed its Complaint on May 25 , 1994, and plaintiff and defendants, by their respective attorneys, having consented to the entry of this Final dudguent without trial or adjudication of any issue of fact or law, and befere the taking of any testimony in this action, and without this Final Judgment constituting any evidence against or an admission by any defendant to any such issue: And defendants having agreed to be bound by the provisions of this Final Judgment pending its approval by the court: Therefore, before the taking of any testimony and without trial or adjudication of any such issue of fact or law Nerein, and upon consent of the parties hereto, it is hereby ORDERED, ADJUDGED, and CECREED as follows: 8) IRISDzCTI This Court has jurisdiction of the subject matter of this action and of each of the parties consenting nereto. The Complaint states a claim upon which relief may be granted against defendants under Sections 1, 2 and 6a of the Sherman Antitrust Act, 18 U.S.C. §§ 1, 2, 6a. II. DEFINITIONS As used in this Final Judgment: A. “AGREEMENT” means any contract, agreement or understanding, whether oral or written, or any term or provision thereof. B. "CONFIDENTIALITY" means the non-disclosure of inforzation under an agreement, undertaking or obligation arising under applicable law to maintain its secrecy and/or limit its use. C. “FEES" means money paid to the defendants for the right te use FLOAT TECHNOLOGY, including, but not limited to, royalties, lump sum payments and line fees. D. “FINAL AWARD means the Final Award dated August, 1992 in the arbitration proceedings between PPG Industries, Inc. an¢ PILKINGTON. £. "FLAT SuASS" means glass forned in a flat shape and glass cormed flat and then Zent or curved. F. “FLOAT GLASS" means FLAT GLASS menufactured by floating molten glass on the surface of a bath of nclten metal. G. "FLOAT TECHNOLOGY" means float process technology in existence on or before tha date of the STIPULATION that is appropriate and useful for the design, constructicn, and/or operation of a float bath used in making FLOAT GLASS. H. “FOREIGN LICENSEE" means any LICENSEE that is not a U.S. LICENSEE. I. | “LICENSEE” means any person, company, or entity that has entered into a LICENSE AGREEMENT with PILKINGTON, J. “LICENSE AGREEMENT” means any AGREENENT, whether or not denominated as such, in being as of the date of the STIPULATION, that provided or provides for, or acknowledges or recognizes, the licensing of, or the right to use, FLOAT TECHNOLOGY fer the manufacture of FLOAT GLASS, including, vithout limitation, any AGREEMENT (i) for sublicensing or (ii) for settling any dispute regarding rights to FLOAT TECHNOLOGY. K. “LIMITATIONS” neans: (1) any Limitation, or restriction of territories, fields, narkets, or customers for the design and construction, or supervision cf construction, of FLOAT GLASS plants, or the nanufacture of FLOAT GLASS; and/or (2) any restriction or limitation, or purported restr‘ction or limitation of the use of FLOAT TECHNOLOGY, whether the result of an affirmative prohibition or 2 limited authorization,