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ENFORCE26086
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ENFORCE26086
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Entry Properties
Last modified
8/24/2016 7:34:10 PM
Creation date
11/21/2007 11:12:48 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1984067
IBM Index Class Name
Enforcement
Doc Date
11/7/1988
Doc Name
OPTION & JOINT VENTURE AGREEMENT
Violation No.
CV0000000
Media Type
D
Archive
No
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..~ `.. <br />inventions defined in the first sentence of this paragraph, which license shall survive <br />the termination of this Agreement. <br />20.02 Technical Information, know-how, data, trade secrets and drawings (hereinafter <br />collectively called• "Technical Data"), either patented, patentable or unpatentable, <br />developed in the course o[ Mining Operations shall be jointly owned by the Parties end <br />may be used without payment of royalties by each of them and their Affiliated <br />Corporations In their own operations and in the Joint Venture. Each of the parties <br />and their Affiliated Corporations shell maintain as confidential and not disclose Technical <br />Data to th[rd parties without the written consent o[ the Parties before five years after <br />termination of this Agreement, subject to the following exceptions: <br />(a} information which is or becomes part of the public domain; <br />2 <br />(b) information already in the possession of a party or its Affiliated Corporation <br />prior to receipt thereof from any other party or its Affiliated Corporation ` <br />or development under this Agreement; <br />(c) information ]awfully received by a party or its Affiliated Corporation from <br />a third party not under a bind of secrecy; and <br />(d) information independently developed by one or more employees of a party <br />or its Affiliated Corporation who did not have access to information developed <br />under this Agreement. <br />A party of its Affiliated Corporation may disclose Technical Data and inventions to <br />third parties to allow the latter to conduct services for the disclosing party or its <br />Affiliated Corporation if the third parties have entered into a secrecy agreement in <br />form and substance satisfactory to the other parties. <br />20.03 Each Party may offer to the other Parties, with or without a binder of secrecy, <br />patented or unpatented proprietary information not developed in the course o[ Mining <br />Operations which in the discloser's sole judgment would be useful in the Joint Venture. <br />20.04 In furnishing any Technical Data or inventions hereunder, a Party shall not be <br />deemed to have made any representation or warranty, express or implied, and will have <br />no responsibility by virtue of this Agreement with respect to the Technical Data or <br />inventions furnished hereunder, the application or use thereof made by the other Parties <br />or the results therefrom, or with respect to any design or construction work [or <br />production facil[ties or the operation thereof. <br />21. NOTICE <br />21.01 All invoices, notices end demands required or permitted to be given under this <br />Agreement shall be in writing and shall be sent by Certified Mail -Return Receipt <br />Requested to the addresses es each party may from time to time specify by notice. <br />Any notice mailed as aforesaid, shall be deemed to have been given and received on <br />the expiration of 72 hours after it is posted; provided, that if at the time of mailing <br />or between the time of mailing and the actual receipt o[ the notice there shall be a <br />ma[1 strike, slonuown or other labor dispute which might affect delivery o[ the notice <br />by mails, then the notice shell be effective only if actually delivered. <br />10 <br />
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