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‘TERMS AND CONDITIONS (Con! 10. Severability of Provisions: Should any part of this Agreement be declared invalid by a court of law, such decision shall not affect the validity of any remaining portion which shall remain in full force and effect as if the invalid portion was never a part of this Agreement when it was. ‘executed. Should the severance of any such part of this Agreement materially affect any other Tights and obligations of the parties hereunder, the parties hereto will negotiate in good faith to amend this Agreement in a manner satisfactory to the partie. 11. Non-Assignabilty: Neither party hereto shall, directly or indirectly, assign or purport to assign this Agreement or any of its rights and obligations in whole or part to any third party ‘without the prior written consent of the other party. 12. Amendment: This Agreement shall not be amended, modified or altered, except in writing, duly accepted and executed by both partes. 13. Governing Law: This Agreement shall be governed by, and construed in accordance with the laws of England and Wales. 14. Entire Agreement: This Agreement constitutes the entire agreement and understanding of the parties hereto, and no representations or promises have been made that are not fully set forth herein. 15. Notices: Any notices from either party to the other will be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereatter be designated in writing for notices by either party to the other. A notice will be deemed received when delivered, or five (5) days after deposit in the. mail, certfed or registered, postage prepaid, whichever is earlier. Hf to CUMMINS: ‘Cummins Generator Technologies Romania S.A, ATTN: Victor lonita 116A Bulevardul Decebal 200440 Craiova - Romania Ifo SUPPLIER: : SC BEST OPTic conSULTINGS Segvices SEL BRVAN M ABIVESCU 93 BYE VAPBUL CAEACK L. 260542 CRAIOVA-LOMANIA - 16. _ Requests of Governments: arty to this Agreement shall have the right to use or transmit any information in its possession in response to inquiries to which it may be subject by the goverment or any court of competent jurisdiction, except that such party shall take reasonable steps to preserve the confidentiality of the information so transmitted and shall give the other party immediate notice of any information so transmitted. (CUMMINS CONFIDENTIAL, 3 _5 toate

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