4. RETURN OR DESTRUCTION OF CONFIDENTIAL INFORMATION
All Confidential Information remain the property of Company. Upon Company’s written request Recipient must, at Company’s option, either return to Company or destroy all such Confidential Information together with any summaries of or extracts from such information and all copies or adaptations thereof which Recipient may have in its possession or control including removal of any such information from electronic storage. Recipient must ensure that all parties to whom they have disclosed such information comply with Company’s request. Recipient shall give Company a written notice certifying the destruction of the Confidential Information in accordance with this Clause.
5. NO REPRESENTATION, WARRANTY OR GUARANTEE
5..1 No Confidential Information received by Recipient from Company shall constitute representations, warranties nor guarantees upon which Recipient may rely and Company assumes no responsibility, obligation nor liability in this regard to Recipient.
5.2 Company does not represent or warrant that the Confidential Information is accurate, complete or correct and Company, its employees, officers, directors, agents, advisors and its shareholders shall have no liability whatsoever to Recipient or its personnel in respect of the use of the Confidential Information.
6. SURVIVAL OF OBLIGATIONS
Recipient’s obligations under this Agreement will survive the termination hereof regardless of the manner of such termination for a period of five (5) years and will be binding upon Recipient’s successors and assigns.
7. INDEMNITY
Recipient hereby indemnifies Company and/or Related Companies against all losses, damages, expenses, liabilities and costs of whatever nature (including legal costs of a solicitor and own client basis) which they inure or suffer as a result of any breach of this Agreement by Recipient or any of its officers, employees, consultants or agents.
8. RETENTION OF RIGHTS AND INJUNCTIVE RELIEF
Recipient acknowledges that damages are not a sufficient remedy for any breach of this Agreement and that Company and Related Companies are jointly and severally entitled to specific performance or injunctive relief (as appropriate) as may be granted by any court of competent jurisdiction without prejudice to any other rights or remedies available to it.
9. NO LICENSE
Nothing contained in this Agreement shall constitute the grant of a license to Recipient under any patent, trademark or copyright or the grant of any right whatsoever with respect to any Confidential Information of Company.
10. NON-WAIVER
No failure to exercise, or delay in exercising on the part of the Company of any rights, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise of any rights, power or privilege hereunder preclude the further exercise of the same rights or the exercise of any other rights hereunder.
11. INVALIDITY
The invalidity of any provision or part of a provision of this Agreement shall not affect the enforceability of any other part or provision of this Agreement.
12. GOVERNING LAWS
This Agreement is governed by and construed in all respects according to the laws of Malaysia and the Parties hereby agree to submit to the non-exclusive jurisdiction of the Malaysian courts.
IN THE WITNESS WHEREOF the Parties hereto have hereunto set their hands the day and year first abovewritten.
SIGNED for and on behalf }
[TEOH CHIN YEAW] }
in the presence of: } ……………………………………..
…………………………………………………….
SIGNED for and on behalf }
[ADISIT SAISOM] }
in the presence of: } ……………………………………..
…………………………………………………….