Nautilus 2009 Annual Report Download - page 117

share equally the costs of the mediator. Unless otherwise agreed by the parties, only if mediation does not resolve the alleged claim
or controversy, shall any party be free to proceed under sub-section 15.E.
E. Litigation. Any dispute that is not resolved pursuant to the procedures of Section 15.C. and 15.D. shall be subject to litigation by
either party, subject to Section 15.A. The Parties agree that neither party shall be liable to the other party for any attorney fees in
connection with any dispute, whether at trial, upon appeal, or otherwise.
A. Nonwaiver. No failure on the part of Buyer or Nautilus to exercise, and no delay in exercising, any right hereunder shall operate
as a waiver thereof; nor shall any single or partial exercise by Buyer or Nautilus of any right hereunder preclude any further exercise
thereof of such right or of any other right.
B. Severability. No portion of Sections 2 and 3 of this License may be severed from this License or otherwise altered, except by
mutual written agreement of the Parties. If any portions of Sections 2 and 3 of this License are found to be unenforceable as written,
then either Party shall have the right to terminate this License upon thirty (30) days Written Notice to the other Party. Any provision
of this License Agreement other than Sections 2 and 3 that are prohibited or rendered unenforceable by any law shall be ineffective
only to the extent of the prohibition or unenforceability without invalidating the remaining provisions of this Agreement.
C. Force Majeure. Neither party shall be liable for delays due to any cause beyond the control and without the fault or negligence of
the Party incurring the delay, including, to the extent it satisfies the above description, any fire, unusual weather conditions, riot, act
of God, act of the public enemy, death or incapacity of an individual who is to perform work, or other similar event. However, both
Parties agree to seek to mitigate the potential impact of any such delay. The Party incurring the delay shall within thirty (30) business
days from the beginning of the delay, notify the other Party in writing of the causes of the delay and its probable extent. The
notification of delay shall not be the basis for a request for additional compensation. In the event of any such delay, any required
completion date may be extended by a reasonable period not exceeding the time actually lost by reason of the delay.
D. No Other Representations. Buyer and Nautilus hereby acknowledge that they have not been induced to enter into this License by
any representation or warranty not set forth in this License.
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16.
General.