【正文】
示、暗示或其他方式保證保密信息的準(zhǔn)確性、完整性或保證其具有某種功能,各方明確表示,任何一方均不對(duì)保密信息的適銷性或具有某種用途的適用性提供任何保證。因此,各方同意并認(rèn)可,一方的任何違約行為或可能違約的情形將給對(duì)方造成不可彌補(bǔ)的損失,除依據(jù)法律可以獲得的補(bǔ)救外,受損方還有權(quán)針對(duì)可能違約的情形、違約狀態(tài)的持續(xù)獲得強(qiáng)制性禁止令,并有權(quán)獲得人民幣壹佰萬(wàn)元的違約金,無(wú)需證明其實(shí)際所遭受的損失。11. Nonpetition. Either party may inform the other of the customer information of such either party, and/or even bring the customer to visit the factory of the other party, or otherwise cause the other party to have chance to establish direct contact with customer. Both parties mit that the said customer information is covered in Confidential Information as defined in Article 2 hereof. The other party shall bear the obligation of confidentiality as set forth herein respecting such customer information. The other party further mits that it shall not directly or indirectly transact in any means with such customer without consent from such either party, otherwise, it shall pay to such either party breach of contract damage as stipulated in Article Nine hereof.11. 不競(jìng)爭(zhēng):一方可能向?qū)Ψ脚对撘环娇蛻舻男畔?,和(或)帶客戶參觀對(duì)方的工廠,或通過(guò)其他方式使得對(duì)方有機(jī)會(huì)直接接觸客戶。12. Miscellaneous. This Agreement may not be assigned by either Party without the prior written consent of the other Party. This Agreement shall bind and inure to the benefit of the Parties and their successors and assigns. This Agreement shall be governed by the laws and regulations of the People’s Republic of China. This document contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all prior agreements or understandings relating to the same subject matter. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision hereof. This Agreement may not be amended, nor any obligation waived, except by a writing signed by both Parties. In the event any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable as though such term were absent upon the date of its execution. If any dispute arising from the forming or performance of this agreement and cannot be settled through consultation, either Party may apply to the China International Economic and Trade Arbitration Commission, Shanghai Commission for binding and final settlement. This Agreement is made in both Chinese and English. 12. 其他: 未經(jīng)一方事先書(shū)面同意,本協(xié)議不得轉(zhuǎn)讓。一方未執(zhí)行本協(xié)議任一條款并不構(gòu)成對(duì)該條款或其他條款的放棄。本協(xié)議以中英文書(shū)就IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.本協(xié)議各方在生效日在下方簽字,簽署本協(xié)