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3.16 ensure that the following language is incorporated in X® system promotional materials, for example, advertisements, intended for distribution to customers or other third parties.

X® system - Pathogen

“This product is sold under licensing arrangement with XXX & YYY.

Product(s) are sold by XXX in accordance with the current XXX terms and conditions of sale. Purchase of the Product(s) from XXX is accompanied by a limited license to use it in the Polymerase Chain

Reaction (PCR) process for Microbial Testing Applications in conjunction with Co. XXX’s microbial testing applications hardware or a thermal cycler whose use in the automated performance of the PCR process is covered by the up-front license fee, either by payment to Co. YYY or as purchased, i.e., an **Authorized Thermal Cycler**.”