It wouldn't. You are correct. My memory of the agreement was foggy...
It is not CE and the phrase "(except by non-exclusive license or exclusive license)" should apply to Tesla.
I was looking for a reason we haven't seen Tesla royalties in our earnings, when we probably have seen them. They are just tiny thus far.
(b)
Apple will have the right of first notice by LMT of any of the following activities that LMT may pursue with any third party (including any Affiliate of LMT), which right of first notice may be exercised in accordance with Section 9A(c) below:
“(i)
the sale, transfer or other assignment (except by non-exclusive license or exclusive license) of any Intellectual Property Rights by LMT that have not been licensed by LMT to Apple; or
“(ii)
the exclusive or non-exclusive license by LMT of any Intellectual Property Rights in any field of use relating to Consumer Electronic Products owned, acquired, invented, conceived of, or otherwise developed in whole or in part by LMT or any of its Affiliates after the Capture Period Extension.