XIAM definition
Examples of XIAM in a sentence
Arbitration will be done by three arbitrators, one each to be proposed by XIAM and MLSC, and the third to be proposed by the Chamber of Commerce.
XIAM shall not assign any rights under this Agreement not specifically transferable by its terms without the written consent of MLSC.
Under the terms of the Software Reseller Agreement with Strokes International, XIAM has the legal authority to mass reproduce and package the Product with a view toward selling the Product pursuant to a pricing schedule defined in Exhibit B of the Software Reseller Agreement.
At the end of each business year, beginning with calendar year two after the effective date of this agreement, if the XIAM has satisfied the defined objectives of sales defined in Exhibit C of this Agreement, then XIAM will have the right to continue to duplicate, assemble, manufacture, sell and market finished Product on an exclusive basis in the Territory.
XIAM initially desires to duplicate and resell completed language education software units in the country of China Hong Kong, Macao and Taiwan on an exclusive basis and on a non-exclusive basis to Chinese speaking individuals outside the Territory.
XIAM’s agent and affiliates and XIAM's employees shall not disclose any Proprietary Information, Trade Secrets, Technical and Scientific information, Know-How or other Confidential Information expressly or implied disclosed by MLSC or Strokes to XIAM without the expressed written permission of MLSC.
Subject to reaching certain sales targets defined in Exhibit C, XIAM will be authorized to continue to sell Products on an exclusive basis for the term of this Agreement and any extensions provided for in Exhibit C.
XIAM agrees to join as a party plaintiff in any such lawsuit initiated by MLSC, if requested by MLSC, with all costs, attorney fees, and expenses to be paid by MLSC.
In the event a dispute between MLSC and XIAM rises under the Agreement or a party's performance there under, the matter shall first be escalated to MLSCS’s President and XIAMS's President in an attempt to settle such dispute through consultation and negotiation in good faith and a spirit of mutual cooperation.
However, if XIAM does not institute suit for infringement(s) within ninety (90) days of receipt of written notice from XIAM of MLSC’s desire to bring suit for infringement in its own name and on its own behalf, then XIAM may, at its own expense, bring suit or take any other appropriate action.