Annual report 2010

22The D isclosing Party pr ovides a ccess to i ts i nformation re sourcescontaining pr oprietary i nformation, a nd the parties a gree up on t he t erms a ndconditions go verning t he di sclosure of the D isclosing Party’s p roprietaryinformation.The Receiving Party agrees to be obligated not to disclose the DisclosingParty’s proprietary information, undertakes t o a pply special m easures t o t heprotection a nd use o f suc h i nformation, a nd a grees t o be held liable f ornoncompliance with such obligations in accordance with the laws of the RussianFederation and the agreement.Liability of the parties:If the Receiving Party causes any damage to the Disclosing Party due to thenonperformance o r improper performance o f t he agreement, t he Rec eiving P artyindemnifies the Disclosing Party for its losses in accordance with the laws of t heRussian Federation.Term of the agreement:The t erm of t he a greement i s o ne ( 1) year, e ffective from i ts e xecution.Unless t erminated by e ither party up on a t l east one m onth’s not ice pr ior t o theexpiration date, the agreement is deemed to be renewed upon the same terms andconditions and for the same period.The agreement may be terminated earlier by ei ther party at any time uponseven days’ prior notice in writing to the other party.The R eceiving Pa rty is no t re leased fr om its obligations un der theagreement by the early termination or expiration of the agreement in relation to anyproprietary information r eceived by the Receiving P arty before the earlytermination or expiration of the agreement. Such obligations survive the agreementfor a period of two (2) years after its expiration or early termination.Dispute resolution:Any dispute, controversy, or claim which may arise out of or in connectionwith the agreement, or the execution, amendment, p erformance, breach,repudiation, t ermination, o r va lidity thereof, s hall be s ettled b y the M oscowArbitration Court.Any amendments and supplements to the agreement are agreed upon by theparties a nd a re e ffective i f e xecuted a s sup plementary a greements s igned b y t heparties.S. I. Shmatko, E. V. Dod, V. V. Kudryavy, S. Remes,S. V. Serebryannikov, O. V. Surikov, V. N. Titov, D. V. Fedorov, andP. O. Shatsky voted “For.”V. M. Kravchenko, S. V. Maslov, and V. V. Tatsiy, deemed t o b e rel atedparties to t he t ransaction, and N. N. Shvets and G. F. Binko, failing to beindependent directors, did not participate in the voting.