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excess of
the amount paid by the Company to the Contractor for any
services during the six (6) months prior to the event giving
rise to the alleged claim, or11.2.2 any loss of revenue,
business contracts anticipated savings or profits, or any loss
of use of facilities; or11.2.3 any special indirect or
consequential loss howsoever arising;11.2.4 in clause
9.2.3 “anticipated savings” means any expense which either
party expects to avoid incurring or into incur in a lesser
amount than would otherwise have been the case by reason of the
use of the services and facilities provided by the Contractor
under this Agreement. 11.3 Copyright
and Proprietary Rights NoticesThe Company shall maintain on all
copies of a Deliverable the copyright notices, confidentiality
legends, patent markings and other labels (singularly or
collectively "Proprietary Rights Notices") in the exact forms
reasonably specified in written notices by the Contractor.
Company shall not remove or alter any copyright or other
Proprietary Rights Notices placed by the
Contractor.11.4 Force
Majeure
For the purposes of this Agreement “Force Majeure” means in
relation to either party, any circumstances beyond the
reasonable control of that party (including, without
limitation, acts of god, industrial action, civil disturbances,
disruption of telecommunications power or other utilities or
interruption or termination of security the Internet access
provider being used by the Contractor to link its services to
the Internet).11.4.2 If any Force Majeure occurs in
relation to either party which affects or may affect the
performance of any of its obligations under this Agreement, it
shall forthwith notify the other party as to the nature and
extent of the circumstances in question.11.4.3 Neither
party shall be deemed to be in breach of this Agreement, or
shall otherwise be liable to other, by reason of any delay in
performance, or the non-performance, of any of its obligations
under, to the extent that the delay or non-performance is due
to any Force Majeure of which it has notified the other party,
and the time for performance of that obligation shall be
extended accordingly.12.
Nature of Agreement12.1 This Agreement
contains the entire agreement between the parties with respect
to its subject matter and may not be modified except by an
instrument in writing signed by the duly authorised
representatives of the parties.12.2 No
failure or delay by either party in exercising any of its
rights under this Agreement shall be deemed to be a waiver of
that right, and no waiver by either party of a breach of any
provision of this Agreement shall be deemed to be a waiver of
any subsequent breach of the same or any other
provision.12.3 If any provision of this
Agreement is held by any court or other competent authority to
be invalid or unenforceable in whole or in part, this Agreement
shall continue to be valid as to its other provisions and the
remainder of the affected
provision.13. Notices and
Service.Any notice or other information required or authorised
by this Agreement to be given by either party to the other
shall be given verbally or by:-13.1
delivering it by hand;13.2 sending it
by pre-paid registered <<Air-mail; First
class>> post; or13.3 sending it
by email with a read receipt;to the other
party.14.
Miscellaneous14.1 Each party shall from
time to time (both during the continuance of this Agreement and
after its termination) do all such acts and execute all such
documents as may be reasonably necessary in order to give
effect to the provisions of this
Agreement.14.2 The parties shall bear
their own costs of and incidental to the preparation, execution
and implementation of this
Agreement.14.3 Neither party shall make
or procure or permit any other person to make any press or
other public announcement concerning any aspect of this
Agreement without first obtaining the agreement to the other
party to the text of that
announcement.14.4 This Agreement may be
executed in a number of counterparts and shall come into force
once each party has executed such a counterpart in identical
form once each party has executed such a counterpart in
identical form and exchanged the same with the other
party.15. Applicable Law
and Jurisdiction15.1 English law shall
apply to the whole of this Agreement.
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