RemediesBoth parties acknowledge th

Remedies

Both parties acknowledge that the confidential information to be disclosed hereunder is of a unique and valuable character, and that the unauthorized dissemination of the confidential information would destroy or diminish the value of such information. The damage to disclosing party that would result from the unauthorized dissemination of the confidential information would be impossible to calculate. Therefore, both parties hereby agree that the disclosing party shall be entitled to injunctive relief preventing the dissemination of any confidential information in violation of the terms hereof. Such injunctive relief shall be in addition to any other remedies available hereunder, whether at law or in equity. Disclosing party shall be entitled to recover its costs and fees, including reasonable attorneys, fees, incurred in obtaining any such relief. Further, in the event of litigation relating to this agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and expenses.

Warranty
Each party warrants that it has the right to make the disclosures under this agreement NO WARRANTIES ARE MADE BY EITHER PARTY UNDER THIS AGREEMENT WHATSOEVER. The Parties acknowledge that although they shall each endeavor to include in the confidential information all information that they each believe relevant for purpose of the evaluation of a transaction, the parties understand that no representation or warranty as to the accuracy or completeness of the confidential information is being made by either party as the disclosing party. Further, neither party is under any obligation under this agreement to disclose any confidential information of chooses not to disclose. Neither party hereto shall have any liability to the other party or to the other party’s representatives resulting from any use of the confidential information except with respect to disclosure of such confidential information in violation of this agreement.