ARTICLE 14 -ARTICLE 13 -CONFLICT OF INTEREST
14.113.1 If, at any time during the term of this Agreement, (a) the FIRST PARTY, (b) any business entity in which the FIRST PARTY owns, directly or indirectly, an interest, (c) any persons or entities in the FIRST PARTY’S employ or control or (d) any persons or entities holding a material or controlling interest in the FIRST PARTY wishes to perform services for others which could, directly or indirectly, conflict with the interests of the SECOND PARTY, the FIRST PARTY agrees to request the prior written approval of the SECOND PARTY which may be granted or withheld at the sole and absolute discretion of the SECOND PARTY.
14.213.2 By entering into this Agreement with the SECOND PARTY, the FIRST PARTY represents that no such conflicting relationships, interests, agreements or obligations (including a non-competition obligation which would, by virtue of entering into this Agreement and/or performing its obligations hereunder, constitute a violation of such obligation) with any other party, now exist.
ARTICLE 15 -ARTICLE 14 - SETTLEMENT OF DISPUTES
15.114.1 Any dispute concerning the validity, the interpretation or the execution of this Agreement which cannot be resolved amicably through negotiation between the PARTIES upon request of any PARTY. In the event that no settlement is reached within [from 30 to 60] days after such written request has been given, then the dispute shall be submitted to arbitration of the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce of Paris, or by one or several arbitrators appointed by the PARTIES in accordance with these Rules.
15.214.2 The place of arbitration shall be Geneva (Switzerland) and the procedure shall be conducted in the English language.
ARTICLE 16 -ARTICLE 15 - CORRESPONDENCE AND LANGUAGE
16.115.1 The PARTIES shall exchange formal notices in respect of this Agreement to the respective addresses as stated here above on the first page. All communications, correspondence and documentation as well as any other information relating to this Agreement shall be written in the English language and sent by registered letter, by facsimile or by email to the other PARTY at their respective addresses set forth on the first page and/or to other addresses as may from time to time be notified by any PARTY to the other in accordance with this Article.
16.315.3 Either Party may designate, in writing, other persons or other addresses to whom such notices, reports, and other communications are to be transmitted.
ARTICLE 17 -ARTICLE 16 - LEGAL NATURE OF THIS AGREEMENT
16.1 This Agreement constitutes a statement of the mutual intentions of the Parties with respect to the PROJECT(S) and does not contain all matters required to be agreed upon by the PARTIES. Saved as expressly provided otherwise herein and specifically under article 11, article 7, 8,13 and 16, shall have no binding effect on the Parties but merely purports to state the principles upon which the PARTIES would consider entering into separate cooperation agreement to implement the principles set out herein.
ARTICLE 18 -ARTICLE 17 - MISCELLANEOUS
18.1 The titles and headings of the Articles of this Agreement hereof are for convenience only, are not intended for and shall not be used to interpret the substance of any provision of this Agreement and do not in any way limit or amplify the terms and conditions of thisAgreement.
18.2 Should any provision of this Agreement be declared invalid at any time in consequence of non-conformity to any Applicable Law, or any omission to provide for any subject matter, other provisions of this Agreement would nevertheless remain effective between the PARTIES provided that such partial invalidity does not affect a substantial provision of this Agreement. In such case, the PARTIES shall mutually agree upon replacing the said invalid provision by a new provision which shall provide an equitable manner within the spirit of this Agreement. If they cannot agree on such a provision within sixty (60) days, any of the PARTIES shall be entitled to terminate this Agreement.
18.3. Any waiver on the part of either PARTY hereto of any right or interest shall not imply the waiver of any other right or interest, or any subsequent waiver.
A waiver, to be valid, shall be expressly made in writing by a PARTY