Technology Agreement means the technology agreement dated December 15, 2004 between HMI Nickel (then Skye Resources Inc.) and Vale (then Inco Limited).
These materials will be hereinafter referred to collectively as "sales literature." Except for otherwise provided for in this Agreement and/or the Technology Agreement, no person has been authorized to prepare for, or furnish to, a prospective investor, any sales literature other than that prepared by the Sponsor.
Except for as otherwise provided for in this Agreement and/or the Technology Agreement, no selling agreement or similar agreement authorizes any party to use supplemental material or sales literature in connection with this Offering other than supplemental material or sales literature prepared by the Sponsor.
Except for as otherwise provided in this Agreement or Technology Agreement, in offering or selling the Shares, Soliciting Dealer and its registered representatives, agents and employees shall not use or distribute any information other than the Offering Circular, the Subscription Documents, the sales literature or any other document provided to Soliciting Dealer for such purpose by the Sponsor, or to make any representation other than those contained therein.
Any item omitted from the supply list, which should have been included in the scope of the supply and is necessary to satisfy the requirement of the Technology Agreement warranting the performance of the contracted equipment, should be supplied by the Seller without giving rise to any cost and expense.
Illumina shall use commercially reasonable efforts to collect a Test Fee from Existing Illumina Licensees (including Illumina Technology Partners in existence as of the Effective Date) and New Illumina Licensees in the amounts governed by the terms of the applicable Existing Illumina License (including an applicable Technology Agreement) as modified by this Section 3.2(c)(ii).