Page 303 - DMGT519_Conflict Management and Negotiation Skills

Unit 14: Closing the Deal and Post Negotiation Evaluation

Notes
5. The parties further agree to the following terms and conditions:
(i) Any breach by Recipient of any of Recipient's obligations under this Agreement will
result in irreparable inquiry to ABC Company for which damages and other legal
remedies will be inadequate. In seeking enforcement of any of these obligations, ABC
Company will be entitled (in addition to other remedies) to preliminary and permanent
injunctive and other equitable relief to prevent, discontinue and/or restrain the breach
of this Agreement.
(ii) If any provision of this Agreement is invalid or unenforceable, then such provision
shall be construed and limited to the extent necessary, or severed if necessary, in order
to eliminate such invalidity or unenforceability, and the other provisions of this
Agreement shall not be affected thereby.
(iii) In any dispute over whether information or matter is Proprietary Information hereunder,
it shall be the burden of Recipient to show both that such contested information or
matter is not Proprietary Information within the meaning of this Agreement, and that
it does not constitute a trade secret under the Uniform Trade Secrets Act or successor
or similar law in effect in the State of (your state).
(iv) No delay or omission by either party in exercising any rights under this Agreement will
operate as a waiver of that or any other right. A waiver or consent given by either party
on any one occasion is effective only in that instance and will not be construed as a bar
to or waiver of any right on any other occasion.
(v) This Agreement shall be binding upon and will inure to the benefit of the parties hereto
and their respective successors and assigns.
(vi) This Agreement is governed by and will be construed in accordance with the laws of
the State of (your state), and the courts of (your state) shall be the exclusive forum.
(vii) This Agreement is in addition to any prior written agreement between ABC Company
and Recipient relating to the subject matter of this agreement; in the event of any
disparity or conflict between the provision of such agreements, the provision which is
more protective of Proprietary Information shall control. This Agreement may not be
modified, in whole or in part, except by an agreement in writing signed by ABC
Company and Recipient.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.
ABC Company
By: ______________________
Signature
______________________
Printed Name
______________________
Title
RECIPIENT
By: ______________________
Signature
______________________
Printed Name
______________________
Title

LOVELY PROFESSIONAL UNIVERSITY 297