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If I do not have “knowledge” of the “development” history, does that mean I cannot rely on paragraphs (b)(4), (b)(5) and (b)(6)?



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If you do not have “knowledge” of the “development” history, you cannot rely on paragraphs (b)(4), (b)(5) or (b)(6). However, the other paragraph (b) ‘releases,’ such as paragraph (b)(3), could be reviewed because they are not tied to the “development” history. If at a later time, you do gain “knowledge” of the “development” history and obtain documentation contemporaneous with its development, you may reevaluate paragraph (b)(4), (b)(5) or (b)(6).

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