Seagate 2010 Annual Report Download - page 242

agreements, each Party shall have the right to injunctive relief to restrain a breach or threatened breach of, or otherwise to obtain specific
performance of, the other Party’s covenants and agreements contained in this IP Agreement.
6.5
Confidentiality . Except as otherwise expressly provided in this IP Agreement or the APA, the obligation and duty of each
Party’s (as a “Recipient”) with respect to Confidential Information of the other Party (as a “Disclosing Party”) licensed to the Recipient
hereunder shall be limited to (i) Recipient treating such Confidential Information with the same degree of care, but no less than reasonable care
as it treats its own like confidential information and (ii) not disclosing such information to third parties without other material confidential
information of the Receiving Party. For clarification, Purchaser’s obligation and duty with respect to the sublicenses granted to Purchaser under
Section 2.2, the right of Purchaser to sublicense the Licensed Other IP set forth in Section 2.4(a) and the right of Purchaser to assign or transfer
the licenses granted to Purchaser under ARTICLE II set forth in Section 2.4(b) shall not be affected by the foregoing.
6.6
Waiver . Neither any failure nor any delay by any Party in exercising any right, power or privilege under this IP Agreement will
operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any
other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted
by applicable law, (a) no claim or right arising out of this IP Agreement can be discharged by one Party, in whole or in part, by a waiver or
renunciation of the claim or right unless in writing signed by the other Party; (b) no waiver that may be given by a Party will be applicable
except in the specific instance for which it is given; and (c) no notice to or demand on one Party will be deemed to be a waiver of any obligation
of that Party or of the right of the Party giving such notice or demand to take further action without notice or demand as provided in this IP
Agreement. Any extension or waiver by any Party of any provision hereto shall be valid only if set forth in an instrument in writing signed on
behalf of such Party.
6.7
Notices . All notices or other communications required or permitted to be given hereunder shall be in writing and shall be
deemed given to a Party when (a) delivered by hand or by a nationally recognized overnight courier service (costs prepaid) or (b) sent by
facsimile with confirmation of transmission by the transmitting equipment, in each case to the following:
9
if to Seller, to:
Samsung Electronics Co., Ltd.
38th Fl., Samsung Electronics Bldg.
1320-10, Seocho 2-Dong, Seocho-Gu
Seoul, Korea 137
-
857
Facsimile:
+82
-
2
-
2255
-
8399
Attention:
International Legal Department,
Office of the General Counsel
with a mandatory copy to (which copy shall not constitute notice):
Paul, Hastings, Janofsky & Walker LLP
1117 S. California Avenue
Palo Alto, California 94304
Facsimile:
+1
-
650
-
320
-
1900
Attention:
Matthew D. Berger