The following excerpt is from Int'l Bus. Machs. Corp. v. United Microelectronics Corp., No. 17-3291-cv (2nd Cir. 2019):
Moreover, there does not appear to be any other instance in which the parties used "4.1" as shorthand for both 4.1 and 4.1A. Indeed, Section 4.5 refers to the fees under "Section 4.1 and Section 4.1A" as "fair and equitable consideration for licenses and other rights granted." App'x 191. Thus, because contracting parties are assumed to use language (including its structure) consistently throughout an agreement, see, e.g., Perreca v. Gluck, 295 F.3d 215, 224 (2d Cir. 2002), it follows that 4.1A should not be construed as a subsection of 4.1 for the purpose of its relationship to Section 9.3.
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