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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA   
c/o Department of Justice
Washington, D.C. 20530,

                  Plaintiff,

                  v.

WILLIAM H. GATES III
One Microsoft Way
Redmond, WA 98052,

                  Defendant.


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Civil No.: 1:04CV00721
Judge: Colleen Kollar-Kotelly
Deck Type: Antitrust
Date Stamp: 05/03/2004

STIPULATION

It is stipulated by and between the undersigned parties, by their respective attorneys, that:

(1) the parties consent that the Court may file and enter a Final Judgment in the form attached to this Stipulation, on the Court's own motion or on the motion of any party at any time, and without further notice to any party or other proceedings, if Plaintiff has not withdrawn its consent, which it may do at any time before the entry of judgment by serving notice of its withdrawal on Defendant William H. Gates III and filing that notice with the Court;

(2) Defendant William H. Gates III waives any objection to venue or jurisdiction for purposes of this Final Judgment and authorize James Weiss of Preston Gates Ellis & Rouvelas Meeds L.L.P. to accept service of all process in this matter on his behalf; and

(3) in the event Plaintiff withdraws its consent or if the proposed Final Judgment is not entered pursuant to this Stipulation, this Stipulation shall be of no effect whatever and the making of this Stipulation shall be without prejudice to any party in this or any other proceeding.


Dated: 2/2/04

FOR THE DEFENDANT:


_______________/s/________________
James Weiss
Preston Gates Ellis & Rouvelas Meeds L.L.P.
1735 New York Avenue, NW
Suite 500
Washington, DC 20006-5209
Counsel for Defendant


FOR THE PLAINTIFF:


_______________/s/________________
R. Hewitt Pate
Assistant Attorney General










Department of Justice
Antitrust Division
Washington, D.C. 20530
(202) 514-2401
_______________/s/________________
Bernard A. Nigro Jr.
D.C. Bar No. 412357
Deputy Director

_______________/s/________________
Daniel P. Ducore
D.C. Bar No. 933721
Assistant Director _______________/s/________________
Kenneth A. Libby
Attorney

Bureau of Competition
Federal Trade Commission
6th Street and Pennsylvania Ave., N.W.
Washington, D.C. 20580
(202) 326-2687