Airvana ipBTS C30, Руководство по установке и пусконаладке

Страница: 8 / 90

viii 910136 Rev01.00 Standard July 2007
The SOFTWARE and DOCUMENTATION are “commercial items” as that term is defined in 48 C.F.R. 2.101 (October
1995) consisting of “commercial computer software” and “commercial computer software documentation” as such
terms are used in 48 C.F.R. 227.7202-1, 227.7202-3 and 227.7202-4 (June 1995). Absent a written agreement to the
contrary, the U.S. Government's rights with respect to such SOFTWARE or DOCUMENTATION are limited by the
terms of this Agreement, pursuant to FAR 12.212(a) and/or DFARS 227.7202-1(a), as applicable.
CUSTOMER shall be responsible for and shall pay, and shall reimburse AIRVANA on request if AIRVANA is required
to pay, any sales, use, value added (VAT), consumption or other tax (excluding any tax that is based on AIRVANA's net
income), assessment, duty, tariff, or other fee or charge of any kind or nature that is levied or imposed by any
governmental authority on the PACKAGE.
Any dispute, controversy or claim arising out of or relating to this Agreement or to a breach hereof, including its
interpretation, performance or termination, shall be finally resolved by arbitration. The arbitration shall be conducted by
a single arbitrator jointly appointed by the parties; provided, however, that if they cannot agree within thirty (30) days
after the initiation of the arbitration, then the arbitrator shall be appointed by the President of the American Arbitration
Association ("AAA"). The arbitration shall be conducted in English and in accordance with the commercial arbitration
rules of the AAA. The arbitration, including the rendering of the award, shall take place in Boston, Massachusetts, and
shall be the exclusive forum for resolving such dispute, controversy or claim. The decision of the arbitrator shall be
binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys'
fees to the prevailing party) shall be paid as the arbitrator determines. The decision of the arbitrator shall be executory,
and judgment thereon may be entered by any court of competent jurisdiction. Notwithstanding anything contained in this
Paragraph to the contrary, AIRVANA shall have the right to institute judicial proceedings against CUSTOMER or
anyone acting by, through or under CUSTOMER, in order to enforce AIRVANA’s rights hereunder through reformation
of contract, specific performance, injunction or similar equitable relief.