17.1 This Agreement and each of Exhibits A, B and C constitute the final and exclusive statement of the parties` agreement on the matters contained in this Agreement. It replaces all previous negotiations and agreements. “Confidential Information” means any information or matter of a confidential nature of the other party and the affiliates of the other party that may be made available to it and of which its affiliate becomes aware of it with respect to this Agreement, including, without limitation, the content and existence of this Agreement and any future agreement contemplated in this Agreement; as well as the fact that discussions and negotiations take place in connection with such attempts and transactions. 12.2 WAIVERS; CHANGES; ENTIRE AGREEMENT. No breach or delay in exercising any right under this Agreement shall be deemed a waiver thereof, and no partial exercise of any right or authority under this Agreement shall prevent further exercise. Waivers or modifications are only effective if they are made in writing and have been agreed to by both parties. This Agreement is the complete and exclusive declaration of mutual understanding between the parties and supersedes and deletes all prior written and oral agreements and communications relating to the subject matter of this Agreement. The party undertakes to participate in good faith in the mediation. The party also understands that neither party is bound by anything said or done in mediation, unless a written agreement is reached and signed between the parties.
Neutrals have the right to terminate mediation at any time if neutrals feel that the case is not suitable for mediation or that further discussion would not be helpful. If the parties are unable to resolve their dispute, the appeal will be referred to the Appeal Review Program for decision. The case will revert to its previous position in the administrative process. 15.1 Each party (as the “Receiving Party” below) may not disclose to any third party any confidential information (as the “Disclosing Party”) provided to that Receiving Party in anticipation of or in connection with the performance of this Agreement. For the avoidance of doubt, this includes confidential information provided to the receiving party prior to the effective date of this Agreement. As used herein, the term “Confidential Information” means any financial, technical, commercial or other information relating to the activities and affairs of the disclosing party, including, but not limited to, information about costs or prices, contractual terms, marketing or sales data, business methods or plans. If confidential information is (a) provided in the form of material information or in writing (by . B paper, diskette or e-mail), they must be prominently designated as “confidential” (or with any other similar legend) or (b) provided orally, they will be identified as confidential at the time of disclosure and confirmed in writing within thirty (30) days of disclosure.
unless a reasonable person understands that the information is confidential because of its contents. Confidential information does not include information that (i) becomes generally available to the public, except as a result of disclosure by the receiving party, (ii) was lawfully available to a party on a non-confidential basis prior to its disclosure by the other party or in connection with that party`s performance of its obligations under this Agreement, (iii) legally available to a party on a non-confidential basis by an independent third party. or (iv) is independently developed by the receiving party without using or referring to the Disclosing Party`s Confidential Information. The receiving party will not use the Confidential Information for any purpose other than the performance of its obligations under this Agreement and may not disclose Confidential Information to a third party without the prior written consent of the disclosing party and a written agreement of the third party that it will comply with the confidentiality obligations imposed herein. Third parties do not include representatives of the receiving party, employees or affiliates of the receiving party, lawyers, accountants and other professional advisors of the receiving party or potential acquirers of the receiving party, in any case that natural or legal person must have a legitimate reason to have access to such confidential information and must be required to protect such confidential information, whose obligation is substantially equivalent to the obligations contained in this document. The confidentiality obligations of each receiving party with respect to that disclosing party`s confidential information will remain in effect for the term of this Agreement and for a period of three (3) years after the termination or expiration of this Agreement. For the avoidance of doubt, confidential information relating to customer data and to be litr includes all pricing conditions offered to the customer as part of an order form, illumr technology and the results of an evaluation of products and services carried out by or on behalf of the customer for the purpose of monitoring its availability. Performance or functionality or for other benchmarking or competitive purposes. The parties agree that a non-disclosure agreement entered into prior to the effective date of the applicable purchase order will not limit or reduce each party`s obligations with respect to confidential information disclosed under this agreement.
“Control” means the power of any person, corporation, association or other separate legal entity (whether by holding shares, holding voting rights or under powers established by law, constitution, partnership agreement or other documents governing that entity) that another person`s business is conducted (and “controlled” shall be construed accordingly) in accordance with their wishes. The Agency/complainant (the “Party”) voluntarily agreed to participate in the Federal Appeal Resolution Team (VET) pilot program of the Federal Operations Office in order to resolve the above issue through mediation. With the following signature, I confirm that I have read and understood the mediation process described in the participation agreement and in the mediation memorandum. I agree to conduct mediation in accordance with the terms of this Participation Agreement and the Mediation Memorandum. Please sign and fax this agreement to the EEOC as soon as possible! (C) If the study is successful, both parties wish to enter into another agreement under which (i) the customer grants a software license to be lit; and (ii) illumr would provide the products and services to the customer. .
