Agmt06 Pax Water Technologies, - Laserfiche WebLink

Browse Search

2.3 CRC shall ensure that all power supplied to the Product shall be protected from short circuits, including without limitation ground fault circuit interruption (gfci) protection for all power supplied to the product. 2.4 PAX hereby grants to CRC a limited, non-exclusive right to use the Product for internal evaluation purposes only as authorized in this Agreement. No right is granted to use the Product for commercial or production purposes or in any Product that is marketed or used commercially; provided however that nothing herein shall prevent CRC from using the Tank(s) for their intended use of supplying water to its customers in normal use. 2.5 CRC shall share collected profile data on selected potable water tanks or reservoirs (Tank(s)) that implement the Product in a mutually-agreed procedure (including without limitation profiles of chlorine residuals and temperature variations) and shall grant PAX the right to use such data for evaluation purposes and share this data with third parties; provided however, that such data are used anonymously. For clarification purposes, the data shared with third parties by PAX will not be linked to or identified with CRC. 2.6 CRC shall maintain the proprietary marks affixed by PAX to the Product and shall not alter or remove the same without PAX's prior written consent. 2.7 CRC shall protect the Product by using the same degree of care it uses with respect to its own proprietary information of like importance, but in no event less than reasonable care, to prevent the unauthorized use, disclosure, or publication of the Product. 2.8 CRC agrees to either return all Products, along with any copies thereof, or provide PAX with access to CRC's facilities to remove the Products, all within ten (10) working days of the expiration or termination of this Agreement. 2.9 CRC shall not create derivative works, nor shall it attempt to disassemble, decipher, reverse engineer, or otherwise determine the Product. 2.10 PAX shall defend, protect, indemnify and hold harmless CRC, its employees, officers, directors, and agents from and against any third party claim or suit alleging that eRe's use of the Product in compliance with the terms of this Agreement constitutes a violation of such third party's patent, copyright, trademark, trade secrets or other intellectual property rights. 2.11 PAX shall defend, protect, indemnify and hold harmless CRC, its officials, its employees, officers, directors, volunteers and agents from and against all claims, damages, losses, expenses, demands and causes of action of every kind and character arising in favor of any person including but not limited to PAX, PAX's employees, CRC, CRC's employees, subcontractors or other persons, on account of personal injuries or death or damage to any property in any way incident to or arising out of or claimed to have arisen out of (i) the Products supplied hereunder, so long as the Products are used for the purposes and in the manner contemplated by this Agreement all under the direction and control of PAX and (ii) the active negligence or omission or willful misconduct of PAX, its contractors, any subcontractors and anyone directly or indirectly employed by any of them or anyone for whose act any of them may 2