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Unilateral NDA (Technical Information) Page 3 | 4
<br />v.3 .0 11.3.20
<br />4.Remedies
<br />4.1. Injunctive and Other Relief. The Receiving Party agrees that any violation of this Agreement will
<br />cause irreparable injury to the Disclosing Party. The Receiving Party further agrees that the Disclosing
<br />Party shall be entitled, in addition to any other rights or remedies it may ha ve at law or in equity, to seek an
<br />injunction enjoining and restraining the Receiving Party (and/or any person or entity to whom or which the
<br />Receiving Party has disclosed or provided access to the Confidential Information) from violating,
<br />threatening to violate, or continuing to violate this Agreement. However, the Disclosing Party, its
<br />successors and assigns, may pursue any other remedies available, in addition to injunctive relief, whether
<br />at law or in equity, including the recovery of damages, all of which re medies shall be cumulative and in
<br />addition to all other rights, remedies, powers , and privileges of the Disclosing Party.
<br />4.2. No Impairment . The terms of this Agreement and the remedies contained herein shall be in addition
<br />to, and shall not supersede or otherwise restrict, limit , or impair the rights of the Disclosing Party under any
<br />local, state or federal law, rule, regulation or order dealing with or providing a remedy for wrongful
<br />disclosure, use, appropriation , or application of Confidential Information.
<br />5.Confidential and Intellectual Property Protections.
<br />Nothing herein shall be construed (i) as a grant or assignment of any right or license in or to the Confidential
<br />Information; or (ii) as a grant of any right to Disclosing Party's patents, copyrights, trademarks, trade secrets
<br />or other intellectual property rights.
<br />6.Miscellaneous
<br />6.1. Notices. All notices required or permitted under this Agreement shall be in writing, unless
<br />otherwise specified, and shall be (i) delivered personally or (ii) deposited with a reputable overnight courier
<br />service which provides a date stamped receipt, addressed to the applicable party at the address set forth at
<br />the beginning of this Agreement or to such other address as hereafter may be furnished to the other party
<br />in writing pursuant to this paragraph. All notices so given shall be deemed effective and received upon the
<br />earlier of (i) actual receipt or (ii) one (1) business day after deposit with the referenced overnight courier
<br />service.
<br />6.2. Assignment . The responsibilities, obligations, and covenants of the Receiving Party herein are
<br />personal to such party. The Receiving Party shall not assign any responsibilities, obligations, or covenants
<br />hereunder or this Agreement without the Disclosing Party's express prior written consent. Any purported
<br />assignment not in accordance with this Agreement shall be null and void.
<br />6.3. Binding Effect . All terms, covenants, conditions, and agreements of this Agreement shall be
<br />binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
<br />This Agreement shall not create any joint venture, partnership, empl oyment, or agency relationship between
<br />the parties.
<br />6.4. Waiver. The Disclosing Party's waiver of any breach or failure to enforce any of the terms and
<br />conditions of this Agreement at any time shall not affect, limit , or waive the Disclosing Party's right
<br />thereafter to enforce and compel strict compliance with every term and condition hereof .
<br />6.5. Amendment . The terms of this Agreement may not be amended or modified except by a written
<br />agreement duly executed by both parties.
<br />6.6. Severability. If any of the terms, covenants, conditions, or agreements herein for any reason shall
<br />be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality , or unenforceability
<br />Docusign Envelope ID: 78CA7A8E-B561-4CF0-9F38-83E29630801B
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