29. INSPECTION AND ACCEPTANCE
Promptly upon the receipt of a shipment of Products, Distributor shall examine the shipment to determine
whether any item or items included in the shipment are in short supply, defective or damaged. Within
[NUMBER] days of receipt of the shipment, Distributor shall notify Company in writing of any shortages,
defects or damage which Distributor claims existed at the time of delivery. Within [NUMBER] days after
the receipt of such notice, Company will investigate the claim of shortages, defects or damage, inform
Distributor of its findings, and deliver to Distributor Products to replace any which Company determines, in
its sole discretion, were in short supply, defective or damaged at the time of delivery.
30. PAYMENT
Upon delivery and acceptance of Products, Company may submit to Distributor Company's invoice
for those Products. Distributor shall pay each such proper invoice within [NUMBER] days after
Distributor's receipt of that invoice. Payment shall be made in [CURRENCY] to a bank account to be
notified in writing by Company to Distributor.
31. FORCE MAJEURE
Neither party shall be liable or deemed to be in default for any delay or failure in performance under this
Agreement or interruption of service resulting directly or indirectly from acts of God, or any causes beyond
the reasonable control of such party.
32. ASSIGNMENT
This Agreement is not assignable by either party hereto without the consent of the other, except that this
Agreement shall be assignable by Company to an affiliate entity or upon the sale of the right to license
and sublicense the Products to the purchaser of said right. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective successors.
33. SEVERABILITY AND WAIVER
36.1 Severability
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or
unenforceable, such determination shall not affect the validity or enforceability of any other part or
provision of this Agreement. No waiver by any party of any breach of any provisions hereof shall
constitute a waiver unless made in writing signed by the party.
36.2 No Waiver Except by Notice in Writing
No right under this Agreement is waived or deemed to be waived except by notice in writing signed by
the party waiving the right.
34. ENTIRE AGREEMENT
This Agreement, including the Schedules attached hereto, contains the entire understanding of the
parties and there are no commitments, agreements, or understandings between the parties other than
those expressly set forth herein. This agreement shall not be altered, waived, modified, or amended
except in writing signed by the parties hereto and notarized.
©
C
o
p
y
r
i
g
h
t
B
i
z
T
r
e
e
.
2
0
0
6
.
A
l
l
r
i
g
h
t
s
r
e
s
e
r
v
e
d
.
P
r
o
t
e
c
t
e