Jackson Mills HPP GENERAL CONDITIONS (PART 1)
City of Nashua Page 19 of 20
26.
Assignment
Neither Party shall assign, delegate or transfer the Contract or any part thereof or any benefit, interest
or performance therein or thereunder without the prior written consent of the other Party. Such
consent will be not_be unreasonably withheld.
27, Transfer of Title to and Ownership of the Equipment
28.
29.
With respect to each part of the Equipment, title to and ownership of the Equipment shall transfer from
Supplier to Purchaser when the Equipment arrives at the Project Site so long as Purchaser has met all
material obligations under this Contract.
Confidentiality, Intellectual Property
28.1.
28.2.
28.3.
The Parties have agreed that any mutually provided information, documents and other tools connected
with this Contract will be considered as confidential and it may be used by or communicated to the
third Party only in the connection with the fulfilment of this Contract or in the connection with
enforcing the obligations according to this Contract and only in the scope in which such notification is
purposeful or necessary.
The Purchaser acknowledges that all technical data received from the Supplier e.g. in particular the
turbine and hydraulic designs and any other documentation, etc. are the Supplier’s intellectual property
and the Supplier’s trade secrets. The Purchaser may use all Project and other documentations provided
by the Supplier only for the purpose of this Contract, including operation and maintenance of the Work,
as described in Section 19 of these General Conditions, and shall not use it for other purposes. The
Purchaser in particular mustn't register any project or other documentation as his intellectual property,
realize another work according to this documentation, provide it for realization of another work to the
third person, publish it, make copies or distribute it by any other way
Notwithstanding the above, Supplier understands that Purchaser is a public entity and must comply
with open records laws.
Force Majeure
29.11f any Party fails to perforro its obligations because of a Force Majeure Event which is not attributable to
any act or failure to take preventive action by such Party, then that Party's performance shall be
excused and that Party shall not be subject to termination of the Agreements or liable for damages for
failure to perform thereunder for such time as shall be equal in length to the period of the Force
Majeure Event and the period thereafter during which performance is interrupted as a direct result of
the Force Majeure Event (“Suspended Days”}, as long as the Party that fails to perform gives the other
Party written notice specifying the nature and particulars thereof and the expected duration thereof
within five (5) Working Days after the commencement of the Ferce Majeure Event causing the failure,
and provided further, that within five (5) Working Days after the cessation of the Force Majeure Event,
such Party shall give notice to the other Party specifying the date of cessation. All obligations under the
Agreement shall once again be in full force and effect upon the cessation of the Force Majeure Event
{including without limitation any payments which became due and payable hereunder prior to such
Force Majeure Event), provided, however, that the time for performing any required act or meeting any
other obligation shall be extended for the benefit of the excused Party by the period equal to the
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Mavel Americas, Inc,
