of materials shall not relieve Recipient from compliance with other terms and conditions of this
Agreement.
12.
NO ADDITIONAL AGREEMENTS
Neither the holding of discussions nor the exchange of material or information shall be construed as an
obligation of Owner to enter into any other agreement with Recipient or prohibit Owner from providing
the same or similar information to other parties and entering into agreements with other parties. Owner
reserves the right, in its sole discretion, to reject any and all proposals made by Recipient or its
Representatives with regard to a transaction between Recipient and Owner and to terminate
discussions and negotiations with Recipient at any time. Additional agreements of the parties, if any,
shall be in writing signed by Owner and Recipient.
13.
IRREPARABLE HARM
Recipient understands and acknowledges that any disclosure or misappropriation of any of the
Confidential Information in violation of this Agreement may cause Owner irreparable harm, the amount
of which may be difficult to ascertain, and therefore agrees that Owner shall have the right to apply to a
court of competent jurisdiction for specific performance and/or an order restraining and enjoining any
such further disclosure or breach and for such other relief as Owner shall deem appropriate. Such right
of Owner is to be in addition to the remedies otherwise available to Owner at law or in equity.
14.
NO PUBLICITY
Recipient agrees not to disclose its participation in this undertaking, the existence or terms and
conditions of the Agreement, or the fact that discussions are being held with Owner.
15.
GOVERNING LAW AND EQUITABLE RELIEF
This Agreement shall be governed and construed in accordance with the laws of the [COUNTRY OF
GOVERNING LAW] and the State of [STATE/PROVINCE OF GOVERNING LAW] and Recipient consents to
the exclusive jurisdiction of the state courts and federal courts located there for any dispute arising out
of this Agreement. Recipient agrees that in the event of any breach or threatened breach by Recipient,
Owner may obtain, in addition to any other legal remedies which may be available, such equitable relief
as may be necessary to protect Owner against any such breach or threatened breach.
16.
FINAL AGREEMENT
This Agreement terminates and supersedes all prior understandings or agreements on the subject
matter hereof. This Agreement may be modified only by a further writing that is duly executed by both
parties.
17.
SURVIVAL
This Agreement shall continue in full force and effect at all times.
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