11.3 The Distributor shall sell to its customers in the territory on terms that any of the identification marks on the products shall not be removed without consent. Otherwise, all maintenance and warranty conditions will cease to have effect.
Article 12 -Security & Confidentiality:
12.1 Confidentiality shall be maintained at all times. During the tenure of this agreement or after the termination, the Distributor shall not disclose this agreement, or any matters relating to the subject matter of the Agreement, other than for registration purpose, technical or commercial content to any person, persons or entity who do not need that information for the benefit of contracting parties and without prior written permission from the Company.
12.2 Any information passed on a need-to-know basis must not be reproduced by the recipient (without written permission from the Company) and must be returned on completion of the purpose.
Article 13- Limitation of Liability, Indemnification
In no event will Company be liable for any direct or indirect damages, incidental damages, consequential damages, indirect damages, loss of profits, loss of revenues or loss of use even if informed of the possibility of such damages.
The Distributor shall indemnify, defend and hold the company harmless from and against all claims, demands, losses and liability arising out of damage to property or injury to persons occasioned by or in connection with the acts or omission of the Distributor and its agents and employees in the performance of this agreement and from and against all demands, losses and liability for cost or fees including reasonable attorney fee in connection therewith.
Article 14 – Governing Law & Jurisdiction
The Laws of United Arab Emirates shall govern this agreement. In case if any dispute arises between the parties concerning this agreement, then it shall be settled amicably and should this not be possible then that dispute shall be referred to Dubai Court.
Article 15 - Copies and Registration:
15.1 This agreement has been executed in two copies, each of which so executed shall be deemed to be an original.
15.2 Each party has to keep a copy and a third original copy will be executed whenever required for the registration and the Distributor undertakes to submit the duly endorsed third copy to carry out the registration procedure in the Distributor defined territory.
15.3 The Distributor shall provide the Company with a copy of the registration certificate as soon as received it.
Article 16- Nature of Agreement
16.1 This Agreement constitutes the entire understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior agreements, negotiations and discussions between the parties relating to the subject matter of this agreement.
16.2 Save as expressly provided in this Agreement, no amendment or variation of this Agreement shall be effective unless in writing and signed by a duly authorized representative of each of the parties to it