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AG 2007 12 17
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AG 2007 12 17
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Last modified
2/1/2009 12:18:45 PM
Creation date
11/27/2017 11:32:15 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
12/17/2007
Board
Board of Commissioners
Meeting Type
Regular
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obtain such right, then BI-Tek shall have the option, at its expense, to (i) modify the <br />infringing Application as needed to make it non-infringing, or (ii) terminate the license <br />and, as liquidated damages, refund all fees paid hereunder by Licensee for the <br />Applications andpay all costs reasonably and actually incurred by Licensee to acquire a <br />comparable alternate software: application. <br />4. Representations by Licensee. The Licensee represents that: <br />(a) Licensee is a dulyorganized,.validly existing and in good standing , <br />under the laws of the State of North Carolina, -with full requisite power to carry on its <br />business as now being conducted and to own and operate the properties and assets now <br />owned by it. <br />(b) The execution and delivery of this Agreement and the <br />consummation of the transactions provided for have been duly approved and authorized. <br />This Agreement has been duly executed by Licensee and is enforceable in accordance <br />with its terms. Licensee has full requisite power, authority and legal right to enter into <br />this Agreement and consummate the transactions provided for herein. <br />5: Term. This Agreement shall remain and continue in full force and effect until <br />terminated~as provided in the Master Agreement, however: <br />(a) If the Licensee is in default in performing any of the other terms of <br />this Agreement,or the Master Agreement and such default continues for a period of <br />fifteen (15) days after written notice is given to the Licensee or if the Licensee is <br />adjudicated bankrupt or insolvent, or enters into a composition with its creditors, or if a <br />receiver is appointed for any substantial portion of Licensee's assets, then BI-Tek shall <br />have the right to terminate this Agreemenfupon giving notice to the. Licensee at least ten <br />(10) days prior to the effective date of termination, and thereupon the Agreement and the <br />rights and licenses granted hereunder to the Licensee shall become void without prejudice <br />to any remedy of BI-Tek for the recovery of any moneys due it under this Agreement. <br />(b) Upon termination hereof, the Licensee shall duly account to BI- <br />Tek and transferto it all rightswhich Licensee may have to any of the Applications, their <br />source codes, and all related documents, software or other materials, and shall no longer <br />use any of the Applications. <br />6. Confidentiality. Licensee will not disclose any of BI-Tek's Confidential <br />Information (as defined below) except (i) to those employees of Licensee and other <br />individuals who are authorized by BI-Tek to receive such information and who will be <br />informed of the confidential nature of the information, agree to be bound by this <br />Agreement and agree not to disclose such Confidential Information to any other <br />individual; or (ii) if Licensee is legally compelled (by virtue of any process, including but <br />not limited to deposition, interrogatory, request for production of documents, subpoena, <br />civil investigative demand or similar process) to produce such Confidential Information. <br />"Confidential Information" shall refer to trade secrets and confidential <br />information of any kind belonging to BI-Tek whether or not it meets the statutory <br />definition of trade secret; the use of the term shall also include business information, <br />Glofy <br />
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