DOCS-001 Manual, SeaBotix Inc. Users, 150 – 200 Series - Rev B – 27 Jan 10 - Page 59 of 64
17. EXPORT RESTRICTIONS. Customer shall not directly export any Product
purchased from SeaBotix or any technical data derived wherefrom to any country for
which the United States Government or any agency thereof may require an export
license or other governmental approval without first acquiring that license or approval.
Customer will permit audits or review by SeaBotix of any export activity of Customer
regarding SeaBotix Products, and Customer will not engage in any transaction or
activity with any country, party, firm or company notified by the U. S. Department of
Commerce Office of Export Administration to be unsuitable or listed on the table of
denial orders.
18. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, except for that body of law dealing
with conflicts of law. This Agreement is NOT governed by the U.N. Convention on
Contracts for the International Sale of Goods.
19. ASSIGNMENT. Customer shall not assign the Agreement or any rights under the
Agreement without the prior written consent of SeaBotix, and no purported assignment
by Customer shall be binding on SeaBotix without such consent.
20. PUBLICITY. Customer shall not make or authorize any news release, advertisement
or other disclosure using the name of SeaBotix without prior written approval.
21. WAIVER. The failure of SeaBotix to insist on the performance of any obligation of
Customer hereunder shall not be construed as a waiver by SeaBotix of such obligations
or any other obligation of Customer hereunder and the same shall remain an obligation
of Customer.
22. SOLICITATION OF SEABOTIX REPRESENTATIVES. Customer agrees that it will
not employ/hire/contract any SeaBotix employee or representative (“Representative”)
without prior written agreement from SeaBotix, with such agreement providing for
payment of a placement fee equal to thirty percent (30%) of the first year compensation
package offered by Customer to the Representative or thirty percent of all amounts paid
by Customer directly or indirectly to the Representative during the following year. This
fee must he paid within 30 days of the Representative’s employment start date, or in the
case of a contractor arrangement, within seven days of each payment made to the
Representative.
23. PROPRIETARY INFORMATION. All information, written or oral, provided by
SeaBotix to Customer relating to the equipment sold or services furnished pursuant to
the Agreement is proprietary to SeaBotix whether so marked or not, and shall not be
reproduced or duplicated by Customer without the prior written consent of SeaBotix.
Customer shall prevent the disclosure of any such information to any third party, and
shall disclose such information only to those employees of Customer whose function
necessitates their knowledge of such information.
To Next Page
Loading...