Clauses 15. 1 and this Clause 44.2 shall not apply to any statement, representation or warranty made fraudulently, or to any provision of this Agreement which was induced by fraud, for which the remedies available shall be all those available under the law governing this Agreement.
Clauses 15. 4.1 to 15.4.2 shall survive termination of this Contract.
Clauses 15. 2 – 15.4 are not intended to alter the nature of casual employment and the rights of an employer to engage or not to engage a casual employee are otherwise not affected.
Clauses 15. 1 to 15.4 shall apply howsoever the Employment is determined and whether or not such termination is connected with or results from a breach of this Agreement on the part of the Employee or the Company.
Clauses 15. 1 to 15.3 (inclusive) shall also apply to all matters relating to agreements which are connected with this agreement, unless the relevant agreement expressly provides otherwise. GENERAL CONDITIONS CLAUSE 16 The general conditions of the Lender attached to this agreement as SCHEDULE 5 shall apply to this agreement, with the exception of article 20 thereof. In respect of the attached general conditions all references to the Bank are to be read to refer to the Lender. In case of inconsistency between this Agreement and the general conditions, the terms of this Agreement shall apply. GOVERNING LAW; COMPETENT COURT CLAUSE 17
17.1. This agreement shall be governed exclusively by Dutch law.
17.2. All disputes arising in connection with this agreement, including disputes concerning the existence and validity thereof, shall be resolved in accordance with the Arbitration Rules of the Netherlands Arbitration Institute ("Nederlands Arbitrage Instituut"). The arbitral panel shall consist of three members. Each party shall appoint one member within ten (10) business days after the date one of the parties has given written notice to the other party or parties of the fact that in its opinion a dispute exists between two or more of the parties which cannot be resolved through further negotiation. The third member shall be jointly appointed by the members so appointed. In the event a party has not appointed a member in time, such member shall be appointed with due observance of and in accordance with article 14 of the Arbitration Rules of the Netherlands Arbitration Institute. The place of arbitration will be Amsterdam, the Netherlands. It is expressly understood that the foregoing will not preclude parties from instituting a summary proceeding ("KORT GEDING").
17.3. Clauses 17.1 and 17.2 shall also apply to agreements which are connected with this agreement, unless the relevant agreement expressly provides otherwise.
18.1. Each of the parties to this agreement (each a "PARTY") undertakes to each other Party not to disclose the provisions of this agreement unless with the express written consent of the other Party.
18.2. Each Party undertakes not to use or disclose any information - except for information which can be obtained from publicly available sources - relating to any other Party and their respective affiliates or their activities or products, including information concerning suppliers and customers and other relationships, ("CONFIDENTIAL INFORMATION"), unless the p...
Clauses 15. 2.1 and 15.2.2 shall not prohibit disclosure or use of:
(i) the agreed form press releases attached as Schedule 15.2.3(i);
(ii) any information if and to the extent that:
(a) the disclosure or use is necessary in order to allow any Party to comply with any legal requirement to make any announcement or to provide information to any public authority provided, however, that such Party shall consult with the other Parties insofar as is reasonably practicable before complying with such legal requirement;
(b) the disclosure or use is required for the purposes of any judicial or arbitration proceedings arising out of or in connection with the Agreement;
(c) the disclosure is made to professional advisers of any Party on condition that such professional advisers undertake to comply with the provisions of Clauses 15.2.1 and 15.2.2 in respect of such information as if they were a party to the Agreement;
(d) the information is or becomes publicly available (other than as a result of any breach of the Confidentiality Agreement dated November 7, 2018 or the Agreement);
(e) the information becomes available to the Party bound by this Clause 15.2 from a source which is not bound by any obligation of confidentiality in relation to such information (as can be demonstrated by such Party’s written records and other reasonable evidence); or
(f) the other Parties have given prior written approval to the disclosure or use.
Clauses 15. 16.1 and 15.16.2 shall also apply to disputes arising in connection with agreements that are connected with this Agreement, unless the relevant agreement expressly provides otherwise.
Clauses 15. 7 and 15.8 do not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution which must be served in accordance with any directions or the Civil Procedure Rules.
Clauses 15. 3 and 15.4 of the Agreement shall apply to this deed mutatis mutandis. IN WITNESS of which this deed has been duly signed as a deed and delivered on the date written at the beginning of this deed. Executed and Delivered as a Deed by CYBEROPTICS CORPORATION acting by: Director Director/Secretary
Clauses 15. 1and 15.2 do not prejudice any Institutions’ rights to apply to a court for injunctive, provisional, conservatory, or other interim or emergency relief. Any such application to a court will not amount to a waiver of the Institution’s rights under clause 15.2(b) of this Agreement.