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In the event information held by a party can be consideredto be in the public domain, then the party shall observethe statutory provisions regarding the accessibility andconfidentiality of such documents as applicable. If eitherparty receives an EDI message from a sending party whichis obviously intended for someone else, it is the duty ofthe receiving party to inform the sending party of thisimmediately and to delete the EDI message, but not itscorresponding security copy/back-up.6.10 LiabilityIf either party, or a VAN supplier or other third partyengaged by either party, violates the provisions of theAgreement prerequisites or these General EDI Provisions,the party concerned is liable to compensate the counterpartyfor any resulting damage. Compensation shall onlybe payable for direct damage, unless the damage has beencaused deliberately or through gross negligence.6.11 Applicable law and dispute resolutionIn the event of a dispute arising out of or in connectionwith the Agreement prerequisites or these General EDIProvisions, the provisions of the transport agreement shallapply as regards applicable law and the method of disputeresolution. Unless stipulated otherwise in the transportagreement, the dispute shall be resolved in a Swedishcourt of law and with the application of Swedish law.7. Force MajeureDB <strong>Schenker</strong> shall be released from liability to perform anassignment if DB <strong>Schenker</strong> is prevented from so doing bycircumstances over which DB <strong>Schenker</strong> had no control andwhich it could not reasonably have foreseen. DB <strong>Schenker</strong>shall inform the customer immediately when such asituation occurs or ceases.A party is entitled, with immediate effect, to give notice oftermination of an agreement or to terminate an agreementwhen such a situation persists for more than one (1) month,when a certain period of notice has been agreed or after aperiod corresponding to the period of notice.8. MiscellaneousPrices/charges that are not stated in this brochure whichare applicable to certain types of transport or goods etc.can be charged in addition to those stated herein. If, as aresult of the specific demands and wishes of the customer,transport is performed in a manner that deviates fromDB <strong>Schenker</strong>’s normal routines, a special agreement concerningterms, conditions and prices should be reached.11

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