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transfer, or delegation by you will be null and void. Subject to the foregoing, this agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns. You will comply fully with all relevant export laws and regulations of the United States, including without limitation the U.S. Export administration regulations. All disputes, claims or controversies will be settled by binding arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules and conducted in English by one neutral arbitrator appointed in accordance with such rules. The arbitration will take place in San Francisco, CA, U.S.A. The award rendered by the arbitrator will be final, binding and, except as permitted by applicable law, non- appealable. Judgment upon such award may be entered by any court of competent jurisdiction. You will notify ElectraTherm promptly of any unauthorized use of the Software. Notwithstanding the foregoing, the parties acknowledge that any misuse of ElectraTherm’s confidential information or intellectual property rights will entitle ElectraTherm to appropriate equitable or injunctive relief in any court of competent jurisdiction in addition to whatever remedies it might have at law or otherwise. This agreement is governed by the laws of California, without reference to its conflict of law provisions. To the extent that a dispute arises and arbitration as set forth above is not applicable, the parties agree that all matters concerning this Agreement will determined by the federal or state courts of the State of California, U.S.A., and consent to jurisdiction of such courts and service of process by mail or other means of hard copy delivery, such as fax, is hereby granted by the parties. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. By signing below, I acknowledge my consent to the terms and conditions of this Agreement. CUSTOMER By: Name: This document contains confidential and proprietary information and is supplied purely to enable the recipient to evaluate details concerning ElectraTherm products and services. No part of this document may be disclosed or transferred outside ElectraTherm or the current interested parties. Copyright © ElectraTherm, Inc. 2012. All Rights Reserved. Page 30 of 31PDF Image | Powerhouse Exhaust Gas Waste Heat to Energy Project
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