Product and market schedule: The Product and Market Schedule, attached hereto as




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НазваниеProduct and market schedule: The Product and Market Schedule, attached hereto as
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CHANGE IN NAME OR ADDRESS: Each party shall give the other prompt notice in writing of any change in the: (a) name of the party, or, (b) address of the party principal office from that first set forth above.

  • METHOD OF TRANSMISSION: Any notices given under this Agreement shall be in writing and will be deemed to have been sufficiently given when delivered by hand or sent by facsimile transmission (which is acknowledged by the recipient), overnight courier service or by certified or registered mail, postage and other charges prepaid, to the parties at the addresses first above written or as subsequently changed by notice duly given. The date of mailing any written notice will be deemed the date on which such notice is given unless otherwise specified in the notice.

  • GENERAL

    1. EXPORT: The Reseller shall comply with all relevant export laws and will be solely responsible for obtaining any required export licenses.

    2. ASSIGNMENT: Notwithstanding any other provision, the Reseller may not assign or otherwise transfer this Agreement or any interest or right hereunder or delegate the performance of any of its obligations hereunder to any third party without the prior written consent of KMSI. Any such assignment, transfer or delegation without the prior written consent of KMSI will be deemed null and void and result in the immediate termination of this Agreement without necessity of any notice.

    3. WAIVERS: Waiver by either party of any default, or either party’s failure to enforce any of the terms and conditions of this Agreement shall not in any way affect, limit or waive such party’s right thereafter to enforce and compel strict performance of every term and condition hereof.

    4. NON-EXCLUSIVENESS; REMEDIES: Any specific right or remedy provided in this Agreement shall not be exclusive but will be cumulative of all other rights and remedies set forth herein and allowed at law.

    5. ATTORNEY’S FEES: If any action at law or equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

    6. HEADINGS: The headings of Articles and Sections in this Agreement are for convenience and reference only, and they shall in no way define, limit, or describe the scope of the provisions or be considered in the interpretation, construction or enforcement hereof.

    7. GOVERNING LAW AND VENUE: This Agreement shall be interpreted, construed and enforced in accordance with the local law of the State of Maryland without regard to conflict of laws principles. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. If either party initiates any litigation against the other party, it shall only bring such action or suit in the federal or state court with appropriate jurisdiction over the subject matter established or sitting in Anne Arundel County in the State of Maryland. The parties shall not raise in connection therewith, and hereby waive, any defenses based upon the venue, the inconvenience of the forum, the lack of personal jurisdiction, or the like in any such action or suit brought in such state.

    8. SEVERABILITY. If any portion of this Agreement is held to be unenforceable, the remainder of this Agreement will remain valid.

    9. CONFIDENTIAL INFORMATION.Confidential Information” means any information disclosed by one party to the other pursuant to this Agreement that is marked “Confidential,” “Proprietary,” or in some similar manner. Information disclosed orally shall be deemed Confidential Information if such information is disclosed in writing as “Confidential” within a reasonable time after initial disclosure. Each party shall treat as confidential all Confidential Information of the other party, and shall not use such Confidential Information except to exercise its rights or perform its obligations under this Agreement and shall not disclose such Confidential Information to any third party. Each party shall use reasonable precautions to maintain the confidentiality of the other party’s Confidential Information. This paragraph will not apply to any Confidential Information which: (a) is generally known and available, or (b) is in the public domain through no fault of the receiving party, or (c) is required to be disclosed by law or judicial order, provided that prior written notice of such required disclosure is furnished to the disclosing party as soon as practicable in order to afford the disclosing party an opportunity to seek a protective order and that if such order cannot be obtained disclosure may be made without liability. Whenever requested by a disclosing party, a receiving party shall immediately return to the disclosing party all manifestations of the Confidential Information or, at the disclosing party’s option, shall destroy all such Confidential Information as the disclosing party may designate.

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