(1) In the course of implementing this Contract, all the oral and written information including but not limited to, manufacturing, techniques, procedures, formulas, data, techniques, experlences, know how, and name lists of computers (“Confidential Information”), provided by one party to the other shall be treated by the recipientas strictly confidential and shall be used only fot the purpose hereof. Title to such information and the interest related thereto shall remain with the provider all the time.
(2) Upon the execution of this Contract, unless otherwise required by laws and regulations, no public disclosure (whether or not in reponse to an inquiry) of the subject matter hereof shall be made by either party under approved in writing by the other party prior to release.
(3) The obligations of confidentiality pursuant to this Article shall be survive the termination and expiration of this Contract for a period of ten (10) years.
2.Force Majeure
(1) Force majeure means any unforeseeable events beyond the parties control which prevent the performance of any obligations under this Contract.
Force Majeure includes, but is not limited to, strikes in gentl embargo, acts of government, riots, war, whether declared or not declred mobilization and requisition, fires, floods.
(2) Force Majeure preventing one party from performing any of an obligation under this Contract, in whole or in part, may be asserted against the other party only if the prevented party gives notice by registered mail of he inception and cessation of the force majeure within fifteen (15) days in each case enclosing confirmation by the proper authorities or published information attesting the reality of the facts and the accuracy of the data supplied. The party claiming force majeure has the burden to prove the direct relationship between the force majeure and the non-performance of its obligations under this Contract.
(3) If one party is prevented from performing any of its obligation under this Contract due to an event of force majeure, the time for performing the obligations hereunder specifically prevented from performance by such event of force majeure shall be extended by a period equal to the period of delay caused by such event of force majeure. The party claiming inability to perform its obligations due to an event of force majeure shall take appropriate measure to minimize or remove the effects the event of force majeure and, within the shortest possible time, do its best to resume performance of the obligations affected by the event of force majeure. In the return of force majeure, neither party shall be responsible for any damage, incurred cost or loss which the other party may sustain by reason of such failure or delay in performance, and such failure or delay shall not be deemed a breach of this Contract. All other obligations hereunder and the time for performance thereof shall not be affected.
3.Applicable Law
The formation, validity, interpretation, execution and termination of this Contract shall be governed by the laws and regulations of the People's Republic of China (“China”). Where the laws and regulations of China do not govern a certain matter, international legal principles and practices shall apply.
4.Dispute Resolution
(1) Any dispute arising from, out of, or in connection with this Contract shall be settled by the parties through fiendly discussion. Such discussion shall begin immediately after one party has sent a written request for through discussion within thirty (30) days after the delivery of such notice, the parties may submit the dispute to China International Economic and Trade Arbitration Committee for arbitration.
(2) The arbitration award shall be final and binding on both parties. No party may appeal in connection with the matters relating to the arbitration award.
(3) During the period when a dispute is being resolved, each party shall continue to implement this Contract in all respects other than the matter(s) in dispute.
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