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Standard Non-Disclosure Agreement <br />Tesla, Inc. — Standard NDA (February 2019) 2 of 2 Confidential Information <br />Affiliates and Authorized Recipients, hereby waive any challenge to venue and jurisdiction in such courts. If Tesla substantially <br />prevails in any action to enforce this NDA, it will be entitled to recover its costs of enforcement from Company and its <br />Affiliates, including reasonable attorneys’ fees. Company acknowledges that breach of this NDA would cause Tesla irreparable <br />harm for which monetary damages would not provide an adequate remedy and Tesla will, in addition to any other available <br />remedies, be entitled to temporary and permanent injunctive relief with respect to such breach without proof of actual damages <br />or the posting of bond or other security. <br />7. Miscellaneous. This NDA constitutes the entire agreement between the parties regarding its subject matter and supersedes <br />all prior agreements, representations, and understandings, between the parties regarding its subject matter. If any provision <br />hereof is held by a court of competent jurisdiction to be illegal or unenforceable, such provision shall be changed and interpreted <br />so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining <br />provisions of this NDA shall remain in full force and effect. This NDA is written in the English language, and the English <br />version shall prevail over any translation thereof. A waiver of any right hereunder does not imply waiver of any other rights. <br />No waiver, alteration, modification, or amendment of this NDA shall be effective unless in writing and signed by both parties. <br />This NDA may be signed in duplicate originals or in separate counterparts, each of which is effective as if the parties signed a <br />single original, and a facsimile of an original signature or electronically signed version transmitted to the other party is effective <br />as if the original was sent to the other party. Any notice required or permitted by this NDA shall be made in writing and be <br />deemed delivered upon verification of delivery to the other party. Company may not assign, transfer, or otherwise convey or <br />delegate any of its rights or duties under this NDA (except to the successor in a merger, acquisition, or corporate reorganization <br />of Company) without Tesla’s prior written consent, and any attempt to do so shall be void. <br />Tesla and each Company execute this Standard Non-Disclosure Agreement through their duly authorized representatives. <br />Tesla: Tesla, Inc. Company: <br />Signed: <br />Printed: <br />Title: <br />Date: <br /> Signed: <br />Printed: <br />Title: <br />Date: <br />Contact Information: <br />Legal Department <br />PO Box 15430, Fremont CA 94539, USA <br />Phone : +1-650-681-5000 <br /> Contact Information: <br />Name/Dept.: <br />Address: <br />Phone: <br />Governing Law: California <br />Venue: Santa Clara County, California <br />