Seagate 2010 Annual Report Download - page 270

Section 6.7.
Counterparts. This Agreement may be signed in any number of counterparts and the signatures delivered by
telecopy, each of which shall be an original, with the same effect as if the signatures were upon the same instrument and delivered in person.
This Agreement shall become effective when each Party hereto shall have received a counterpart hereof signed by the other Parties.
Section 6.8.
Severability. If any provision of the Agreement is held to be invalid or unenforceable at law, all other provisions of
the Agreement shall remain in full force and effect. Upon any such determination, the Parties agree to negotiate in good faith to modify this
Agreement so as to give effect to the original intent of the Parties to the fullest extent permitted by applicable law.
Section 6.9.
Injunctive Relief. The Parties agree that irreparable damage would occur in the event that any of the provisions of
this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the Parties
shall be entitled to a decree of specific performance and temporary, preliminary and permanent injunctive relief to prevent any breach or
threatened breach of this Agreement, and to enforce specifically the terms and provisions of this Agreement, in any action instituted in a court of
competent jurisdiction, without the posting of any bond or other undertaking, this being in addition to any other remedy to which they are
entitled at law or in equity. Each Party hereby irrevocably waives, in any action for specific performance, the defense of adequacy of a remedy
at law. [Remainder of Page Intentionally Left Blank]
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If to Shareholder:
Samsung Electronics Co., Ltd.
38th Floor, 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 copy (which shall not constitute notice) to:
Paul, Hastings, Janofsky & Walker
22nd Floor, Bank of China Tower
1 Garden Road, Hong Kong
Facsimile:
+852
-
3192
-
9689
Attention:
Daniel S. Kim