AG 2002 04 15 (Regular) - Laserfiche WebLink

Home Browse Search

SECTION 5- GENERAL PROVISIONS a) ' Reservation of one VIP Suite. Cabarms shall select one Center ¥IP suite for sole use by T{clmologies during the term of this Agreement. Interior furnishings will be. at Technol0gie.s expense. .i b) Si~'nage Desigg~. The Technologies' Etix.com logo will be included in standard signage within the budget of the Center as designated solely and e~tclusively by Cabarrus. This includes the primary entrance to the Center and marquee sign bordering Highway 49.: ' Additional reasonable signage des/red by Technologies and approved by the County will be installed at Technologies' expense. c) AssiKnment. No part of this Agreement or any of the rights of obligations of Technologie~ hlreunder shall be assignable without the prior express written consent of Cabarms~i Th/s Agreement shall be assignable by Cabarrus to any affiliate or successor to:Cabarrus's.,.. .~: .. obligations and rights relative to, without any requirement to obtain Teclm.°id~es' consent. d) Waiver. No party to this Agreement may waive any term, covenant.or condition 'by, its i;conduct, except in writing signed by such party. This Agreement' constitutes ¢~e :e.nfire agreement between the parties, and shall be governed by and construed in accordance with the laws of the State of North Carolina applicable to contracts negotiated, executed and wholly performed within the State of North Carolina, Exclusive venue shall be in Cabarrus County, North Carolina for any lawsuit or claim ar/sing under or i,n any way connected to this A~rccment, and the parties hereto hereby consent to thi~ j~diction for resolution of any such disputes. e) iConfidentialitg. During the term of this Agreement. and thereafter, each party shall use` itsibest efforts to keep secret and inviolate (i) the terms Of this Agreement, including wi~oUt' limitation the provisions of Section 3 re,pectins compemation, and (ii) all knowledge and information of a confidential nature which Technologies or Cabarrus. may now kn, ow or hereafter cone to know with respect to the other as a result of the engagement, hereunder, including but not 1/m/md to all matter relating to client or advertiser lists, marketing and promotional strategies and plans, the business or financial affairs of Cabarrus or other party. However, such obligations of confidentiality ~hall not apply to infortfiation wh/ch (a) has entered into the public dOmain (except where such entry is a r.esu, lt:, of such party's breach of this Agreement): (b) prior to disclosure. hereunder, such information was akeady rightfully in such party's possession; or (c) subsequent t6 d/sclosure hereunder is obtained by such party on a non-confidential basis from a third p~ who has a fight to disclose such Lnformation to such party provided, further, that eithei! party may disclose any such information to the extent required by any judicial or quaSi judicial authority as required by law.