8 The parties hereto acknowledge and agree that nothing in this Agreement shall be construed as granting any license or other right to the Recipient and that the disclosure of the Confidential Information does not result in any obligation to grant any such right in and to such Confidential Information or require any party to enter into any subsequent agreement.
9 Upon becoming aware of any breach of this Agreement by the Recipient or Authorized Personnel, the Recipient shall inform the Discloser in writing immediately.
10 The term of this Agreement shall be effective from the date first above written and shall remain in full force for a period of one (1) year; Provided, However, that the confidential obligation of the Recipient hereunder shall survive the termination of this Agreement for three (3) years thereafter.
11 It is understood that the covenants of this Agreement and the Confidential Information disclosed are special, unique and of extraordinary character. It is specifically understood and agreed that any breach of this Agreement is likely to result in irreparable injury to the Discloser and that the remedy at law alone will be an inadequate remedy for such breach, and that in addition to any other remedy it may have, the Discloser shall be entitled to seek the specific performance of this Agreement by the Recipient and to seek both temporary and permanent injunctive relief (to the extent permitted by law or in equity) without the necessity of proving actual damages.
12 Any failure or delay by either of the parties hereto in exercising any right, power or privilege under this Agreement shall not operate as a waiver thereof nor shall any single or partial exercise thereof or the exercise of any other right, power or privilege preclude any further exercise.
13 Neither of the parties hereto shall have the right to assign this Agreement to any third party without prior written consent of the other party.
14 No amendments, changes or modifications to this Agreement shall be valid except if the same are in writing and signed by a duly authorized representative of each of the parties hereto.
15 This Agreement comprises the full and complete agreement of the parties hereto with respect to the disclosure of the Confidential Information and supersedes and cancels all prior communications, understandings and agreements between the parties hereto, whether written or oral, expressed or implied with respect thereto.
16 All provisions of this Agreement are severable, and the unenforceability or invalidity of any of the provisions of this Agreement shall not affect the validity or enforceability of the remaining provisions of this Agreement.
17 This Agreement shall be governed by and construed in accordance with the laws of Japan.
18 All disputes, controversies or differences between the parties hereto out of or in relation to or in connection with this Agreement, shall be settled by arbitration in [Nagoya/Tokyo/Osakaのいずれか], Japan in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The award rendered by the arbitrator shall be final and binding upon the parties hereto and enforceable in any court of competent jurisdiction; Provided, However, that in the event of any breach or threatened breach by the Recipient of the terms hereof, the Discloser may seek a preliminary injunction or other provisional judicial relief if, in its sole judgment, such action is necessary to avoid irreparable damage or to preserve the status quo, and the Recipient shall not plead in defense thereto that there would be an adequate remedy at law and agrees to waive any requirement for the securing or posting of any bond in connection with such remedy.