Crucial 2012 Annual Report Download - page 132

[*] Certain information in this document has been omitted and filed separately with the Securities and
Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
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8.9 Severability. If any provision of this Agreement is held to be illegal, invalid or
unenforceable, the parties agree that such provision will be enforced to the maximum extent possible so as
to effect the intent of the parties, and the validity, legality and enforceability of the remaining provisions
of this Agreement shall not in any way be affected or impaired thereby. If necessary to effect the intent of
the parties, the parties agree to negotiate in good faith to amend this Agreement to replace the
unenforceable language with enforceable language which as closely as possible reflects such intent.
8.10 Counterparts. This Agreement may be executed in any number of counterparts, all of
which together shall constitute one instrument. Counterparts may be delivered via facsimile, electronic
mail (including pdf) or other transmission method and any counterpart so delivered shall be deemed to
have been duly and validly delivered and be valid and effective for all purposes.
8.11 No Third Party Beneficiaries. Except as expressly provided herein in favor of Elpida or the
Released Parties or the Powerchip Released Parties under Section 5.13, no provision of this Agreement is
intended to, or shall, confer any third party beneficiary or other rights or remedies upon any Person other
than the parties hereto.
[Signature page follows]