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XVII. INSPECTION: <br />Designated representatives of NCSU shall have the right to inspect and review the progress of the <br />work perforated at the SUBCONTRACTOR'S place of business pursuant to this Agreement. All <br />reasonable facilities, including access to relevant data, test results, and computation used or <br />generated under this Agreement shall be made available when requested by NCSU in such manner <br />as not to delay unduly the progress of the work. NCSU shall give the SUBCONTRACTOR <br />reasonable notice prior to conducting any such inspection. <br /> <br />XVIII. USE OF NAMES: <br />Neither party to this Agreement shall use the names, marks or symbols of the other or of the other <br />party's investigators or any derivative thereof, in any public announcement, advertising, or <br />promotional sales literature without the prior written consent of the other party. <br /> <br />XlX. ARBITRATION: <br />No arbitration proceedings will be used to resolve any disputes that arise as a result of this <br />agreement. <br /> <br />XX. MODIFICATION: <br />No waiver, alteration or modification of these provisions shall be binding unless mutually agreed <br />upon between NCSU and the SUBCONTRACTOR in written amendments to this Agreement. <br /> <br />XXI. ASSIGNMENT: <br />Neither this agreement nor any right, remedy, obligation or liability arising hereunder or by reason <br />hereof shall be assignable by SUBCONTRACTOR without the prior written consent of NCSL!. <br /> <br />XXII. INVENTIONS: <br />Any invention or discovery to be made or conceived in the performance of the Research <br />(hereinafter called "INVENTION"), or any patent to be granted on such INVENTION shall be jointly <br />or individually owned by SUBCONTRACTOR and/or NCSU in accordance with the following <br />criteria: <br /> (i) Title to any INVENTION made or conceived jointly by employees of both <br /> SUBCONTRACTOR and NCSU in the performance of the Research (hereinafter called <br /> "JOINT INVENTION'') shall vest jointly in NCSU and SUBCONTRACTOR. <br /> <br />(ii) Title to any INVENTION made or conceived solely by employees of either <br />SUBCONTRACTOR or NCSU in the performance of the Research shall vest in the party <br />who made or conceived such INVENTION or discovery <br /> <br />XXIII. SEVERABILITY: <br />This agreement is binding upon and shall inure to the benefit of the parties hereto, their <br />representatives, successors and assigns. No failure or successive failures on the part of NCSU, its <br />successors or assigns, to enforce any covenant or agreement, and no waiver or successive waivers <br />on its or their part of any condition of this Agreement shall operate as a discharge of such covenant, <br /> <br />a:NCSUsubk.doc::: 980566.35 <br />NCSU P. I.::: E. L. Locklear <br /> P.I.::: P.C. Outcn <br /> <br /> <br />