Galileo OS SIS ICD.indd - GSA - Europa
Galileo OS SIS ICD.indd - GSA - Europa
Galileo OS SIS ICD.indd - GSA - Europa
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
12.3 The Licensee shall use due diligence in order to prevent the infringement of any<br />
intellectual property rights during its marketing and distribution activities. In the<br />
event that the distribution activities of the Licensee lead to an infringement of<br />
the intellectual property rights, the Licensee shall be fully liable to the European<br />
Union for any damages resulting from such infringement.<br />
ARTICLE 13 - Permits<br />
The necessary steps for obtaining all permits and licences required for the<br />
implementation of this Agreement, under the laws and regulations in force at the<br />
place where the commercial activities of the Licensee are to be provided, shall<br />
be the exclusive responsibility of the Licensee.<br />
ARTICLE 14 - Applicable Law and Arbitration<br />
14.1 This Agreement shall be governed by and construed in accordance with Belgian<br />
law.<br />
14.2 Any dispute, controversy or claim arising under, out of or relating to this contract<br />
and any subsequent amendments of this contract, including, without limitation,<br />
its formation, validity, binding effect, interpretation, performance, breach or<br />
termination, as well as non-contractual claims, shall be submitted to mediation<br />
in accordance with the WIPO Mediation Rules. The place of mediation shall be<br />
Brussels. The language to be used in the mediation shall be English.<br />
If, and to the extent that, any such dispute, controversy or claim has not been<br />
settled pursuant to the mediation within 90 days of the commencement of the<br />
mediation, it shall, upon the fi ling of a Request for Arbitration by either Party, be<br />
referred to and fi nally determined by arbitration in accordance with the WIPO<br />
Expedited Arbitration Rules. Alternatively, if, before the expiration of the said<br />
period of days, either Party fails to participate or to continue to participate in the<br />
mediation, the dispute, controversy or claim shall, upon the fi ling of a Request for<br />
Arbitration by the other Party, be referred to and fi nally determined by arbitration<br />
in accordance with the WIPO Expedited Arbitration Rules. The arbitral tribunal<br />
shall consist of three arbitrators appointed by the parties. The place of arbitration<br />
shall be Brussels. The language to be used in the arbitral proceedings shall<br />
be English. The dispute, controversy or claim referred to arbitration shall be<br />
decided in accordance with the law of Belgium.<br />
ARTICLE 15 - Miscellaneous<br />
15.1 This Agreement, including the Annexes attached hereto, is the entire Agreement<br />
among the Parties relating to the subject matter hereof and may only be modifi ed<br />
by a written amendment signed by the authorised representatives of each Party.<br />
15.2 The invalidity of a provision of this Agreement is not fundamental to its<br />
performance, the validity and enforceability of the remaining provisions hereof<br />
shall not in any way be affected thereby, it shall not relieve any of the Parties<br />
of its obligations and shall not deprive any of the Parties of benefi ts under the<br />
remaining provisions under this Agreement.<br />
ARTICLE 16 - Administrative provisions<br />
16.1 Any communication with reference to the performance of this Agreement, all<br />
notifi cations and any relevant correspondence shall be made in writing and<br />
addressed to the following addresses:<br />
202 © European Union 2010<br />
Document subject to terms of use and disclaimers p. ii-iii<br />
OD <strong>SIS</strong> <strong>ICD</strong>, Issue 1, February 2010