9. This Agreement imposes no obligation on either party to purchase, sell, license, transfer or otherwise dispose of any technology services or products. Nothing in this Agreement shall limit or displace either party’s rights under the applicable law of trade secrets.
10. Both parties shall adhere to all applicable laws, regulations and rules relating to the export of technical data, and shall not export or reexport any technical data, any products received from Discloser, or the direct product of such technical data to any proscribed country listed in such applicable laws, regulations and rules unless properly authorized. The Discloser shall make known to Recipient all Confidential Information subject to government-imposed restrictions, e.g. ITAR, NISPOM, etc.
11. This Agreement does not create any agency or partnership relationship. Nothing in this Agreement shall be construed as a representation that either party will not independently pursue similar opportunities, provided that the obligations of this Agreement are not breached.
12. All additions or modification to this Agreement must be in writing and must be signed by both parties. This Agreement sets forth the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior agreements between the parties regarding this subject matter.
13. The parties agree that any actual violation of the terms of this Agreement may result in irreparable harm and therefore may entitle the other party to seek injunctive or other equitable relief.
14. This Agreement is made under, and shall be construed according to, the laws of the State of New York, U.S.A., irrespective of the conflict of law provisions thereof.
This Agreement is effective as of the ___ day of _________________, 20___ (the “Effective Date”).