Cellink BIO X6, User Manual

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BIO X6 User Manual v. 1.0 153
any part thereof, as the case may be, shall be limited to the refund of the purchase price of
the Products with respect to which the loss, damage or breach occurred.
In no event shall CELLINK be liable towards the Buyer for any loss of production or profit,
loss of use, loss of data, loss of contracts or for any other consequential, economic, or
indirect loss whatsoever in respect of the sale, purchase, use or disposition of the Product.
The limitation of CELLINK’s liability in this section shall not apply where CELLINK has been
guilty of negligence.
11.1.13 Force majeure
The Parties shall be relieved from liability for a failure to perform any obligation under the
Agreement during such period, and to the extent that the due performance thereof by either
of the Parties is prevented by reason of any circumstance beyond the control of the Parties
(“Discharging Circumstance”). If not otherwise shown, war, warlike hostilities, mobilization, or
general military call-up, civil war, fire, flood, or other circumstances of similar importance,
shall be considered as Discharging Circumstances.
If a Party wishes to invoke a Discharging Circumstance, it shall give immediate notice to the
other Party of the commencement and the cessation of such Discharging Circumstance,
failing which, the Party shall not be discharged from liability for any non-performance caused
by such Discharging Circumstance.
The time for performance of the relevant obligations of a Party shall be appropriately
extended by the period during which a Discharging Circumstance continues, provided,
however, that if performance of a contractual obligation is prevented by a Discharging
Circumstance for a period of six (6) months or more, each Party shall be entitled to terminate
the Agreement.
11.1.14 Confidentiality
The Parties hereby undertake, during the term of this Agreement and thereafter, to hold in
confidence and absolute secrecy any and all Confidential Information (as defined below),
disclosed by the other Party pursuant to this Agreement and not to disclose to third parties
any Confidential Information received. Furthermore, the Parties shall take reasonable steps
to prevent an unauthorized disclosure or use of such Confidential Information by employees,
subagents, or other intermediaries.