This Agreement, made and entered into this JUNE 17, 2011 , shall obligate the Undersigned parties, and their partners, associates, employers, affiliates, subsidiaries, parent company, nominees, representatives, employees, successors, clients and assigns, hereinafter, referred to as (the “Parties”), jointly, severally, mutually, and reciprocally for the terms and conditions expresslystated and agreed to below, and this assignment may be referenced from time to time in any document(s) or agreements.
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The terms and conditions of this agreement apply to any exchange of information in writing, involving financial information, personal or corporate names, contracts initiated by or involving the “Parties”, and any addition, renewal, extension,amendment, re-negotiation, or new agreement, hereinafter, referred to as the (“Project/Transaction”) for the purchase/sell of all commodities.
This agreement is in accordance with the International Chamber of Commerce (I.C.C. 500)
Now, therefore is agreed:
1.- The “Parties” intending to be legally bound, hereby Irrevocable Agree, and guarantee each other they shall not , directly orindirectly interfere with, circumvent or attempt to circumvent, avoid, by-pass, or obviate each other’s interest, or the interest or relationship between the “Parties” with producers, sellers, buyers, brokers, dealers, distributors, shippers, financial institutions, technology owners, or manufacturers, to change, increase, or avoid directly or indirectly payment of established fees, commissions, orcontinuance of pre-established relationship or intervene in un-contracted relationship with manufacturers or technology owners with intermediaries, entrepreneurs, legal counsel, or initiate buy/sell relationships, or Transactional relationships that by-pass one of the “Parties” with any Corporation , producer, technology owner, partnership or individual revealed by one of the “Parties” with anyCorporation,
producer, technology owner, partnership, or individual revealed or introduced by one of the “Parties” to one another in connection with any on going future “Transaction” or “Project”.
2.- Furthermore, the “Parties” irrevocably agree that shall not disclose or otherwise reveal directly or indirectly, to any third party, any confidential information provided by one party to the other, orotherwise acquired, particularly, contract terms, product information or manufacturing processes, prices, fees, financing arrangements, schedules, and information concerning the identity of the sellers, producers, buyers, lenders, borrowers, brokers, distributors, refiners, manufacturers, technology owners, or their representatives, and specific individual names, addresses, principals, ortelex/fax/telephones numbers, e-mail addresses, references, product or technology information, advised by one “Party(s)” to another as being confidential or privileged, without the prior specific written consent of the “Party’s” providing such information.
3.- This agreement shall be valid for a minimum period of five (5) years from the date of the agreement; with additional two (2) years automaticroll-over renewals at the close of each Transaction or exchange of information, and thereafter at the end of any roll-over period, without the need of advisement, unless mutually agreed in writing to be terminated by all the “Parties” which termination can occur only at the end of any roll-over period.
NCND, Page 2, continued:
4.- In the event of breach of herein mentioned and agreed agreement’sstatements by either party, directly or indirectly, the circumvented party shall be entitled to a legal monetary penalty equal to the maximum service it should realize from such transaction plus any and all expenses, including but not limited to all legal costs and expenses incurred to recover the lost revenue. This agreement is valid for any and all Transactions between the Parties herein and...
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