9) Renouncement of contractual rights. The inability of one of the parties to enforce a provision of that agreement should not be regarded as a waiver or restriction on that party`s right to apply and subsequently compel any provision of that agreement. The parties believe that under this agreement, it may be necessary to transfer to other protected or confidential information (the “proprietary information”). This information is clearly flagged by the party at the time of disclosure or on the basis of other agreements between the parties, unless it is considered proprietary or confidential because of its content and nature by a reasonable person with knowledge of the purpose of the draft or this agreement. The parties acknowledge that this information is confidential and/or proprietary. SUBCONTRACTOR recognizes that all customer information transmitted by Prime to SUBCONTRACTOR is considered proprietary information of Prime. 3.1 With regard to cooperation, the parties agreed that DESCRIBE ANY PAYMENT STRUCTURE. This cooperation agreement is concluded on the [date] of and between [party], [party], [party], [party], [party], [party], [party], [party], [party], [party], [party]. Upon receipt of the agreement (a), it is made public by the public party or transmitted without restriction by the public party to third parties, including the client; (b) was legally obtained from the party receiving it, without restriction, from other sources, including the client, provided that other source did not receive it as a result of a violation of this agreement or other agreement between the parties; or (c) if this information is communicated by other means or is made public without fault of the receiving party.
Unless the loss or damage is caused by the misappropriation or unlawful disclosure of intellectual property rights or confidential business information by one of the parties, neither party will be held liable, in all cases, for the loss of earnings or loss of value, or other indirect, individual, indirect or subsequent damage suffered by the other party under this agreement.
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