Neither Party. (a) shall prevent a vehicle or container used in international traffic that enters its territory from the territory of the other Party to exit its territory on any route that is reasonably related to the economic and prompt departure of such vehicle or container;
Neither Party in the performance of this Agreement, shall take any action that would be illegal under any applicable rule, regulation or law. The Parties and their respective business associates shall avoid any practices that are unlawful, improper or unethical and shall conduct themselves at all times in a manner that will avoid any appearance of impropriety on the part of either Party in the event of public disclosure.
Neither Party. (for the purpose of this clause, the “Affected Party”) shall be liable for any failure to perform its obligations under this Agreement caused by an act of God, insurrection or civil disorder, terrorism, war or military operations, national or local emergency, acts or omissions of government, highway authority, industrial disputes of any kind (not involving employees of that Affected Party or of sub-contractors working for that Affected Party pursuant to this Agreement), fire, lightning, explosion, subsidence, inclement weather, insolvency of a supplier, acts or omissions of persons or bodies for whom the Affected Party is not responsible (which shall include, but not be limited to, third party communication suppliers to Metrotech) or any other cause whether similar or dissimilar outside the reasonable control of that Affected Party PROVIDED THAT, in such circumstances the Affected Party can demonstrate that it has taken all reasonable steps to continue to perform its obligations under this Agreement.
Neither Party except with the express prior written consent of the other, shall directly or indirectly, communicate, disclose or divulge to any third party any Confidential Information, subject always to compliance with all applicable Privacy and Security Laws. A “third party” is anyone other than the Parties or their subsidiaries, affiliates, parent company, employees, retrocessionaire, agents, subcontractors, representatives, auditors or other professional advisers. For purposes of this Agreement, “Privacy and Security Laws” means any applicable data privacy, data security, or data protection law or regulation in the United States of America, including, without limitation, Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations, including, without limitation, the amendments and associated regulations enacted and implemented pursuant to the Health Information Technology for Economic and Clinical Health Act (HIPAA).
Neither Party may disconnect the other Party’s loop and leave it disconnected from the other Party’s NID. Each Party shall ground its NID independently of the other Party’s NID. Neither Party may access or disturb the other Party’s ground wire(s) or ground clamp(s) or ground posts in any way.
Neither Party s facilities shall cause excessive voltage flicker nor introduce excessive distortion to the sinusoidal voltage or current waves as defined by ANSI Standard C84. l-1989, in accordance with IEEE Standard 519, or any applicable superseding electric industry standard. In the event of a conflict between ANSI Standard C84.1-1989, or any applicable superseding electric industry standard, ANSI Standard C84.1-1989, or the applicable superseding electric industry standard, shall control.
Neither Party acquires any intellectual property rights under this Agreement except the limited right to use the confidential information as specified in Paragraph 3; has an obligation hereunder to purchase or otherwise acquire any service or item from the other; has an obligation hereunder to commercially release any products or services using or incorporating the confidential information.
Neither Party has the right to use the other Party's intellectual property rights, including any use of the other Party's names, logos or trademarks, except as provided in clause 10 or otherwise agreed in writing.
Neither Party. 33.2.1 excludes or limits its liability to the other Party for death or personal injury caused by its negligence;
Neither Party acquires any intellectual property rights of the other Party under this Agreement except the limited right to use set forth in Paragraph 3 above.
