Laserfiche WebLink
Template revision date:July 2020 OPA Review#2021ZQ-11505 <br /> This license and the rights or obligations of any Party hereunder may not be assigned or otherwise transferred <br /> by any Party without the written consent by the appropriate delegated official of the other Party.USGS'consent <br /> shall not be unreasonably withheld where: <br /> a. the assignee has agreed in writing to be bound by the terms of this Agreement; <br /> b. the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; <br /> c. the assigning party has provided notice of the assignment to the other party;and <br /> d. any Licensee assignee has completed all training required by USGS regarding the use of the ShakeAlert <br /> Materials. <br /> If assigned in accordance with this Section,this Agreement shall be binding upon and inure to the benefit of the <br /> Parties and their respective successors and permitted assignees.Any other attempt to assign is void. <br /> 14. Export Controls and Special 301 Report. <br /> 14.1. Export Control. <br /> Licensee agrees to comply with U.S.export laws and regulations including obtaining licenses as needed <br /> from the Bureau of Industry and Security for export and re-export(s). <br /> 14.2. Special 301 Report. <br /> Licensee further agrees to not allow any foreign personnel that is engaged by the Licensee as a <br /> contractor,consultant,grantee,or third-party collaborator("Foreign Contractor")whose country of <br /> origin is listed on the current annual Office of the U.S.Trade Representative(USTR)Special 301 Report <br /> (Report)to access the ShakeAlert API(e.g.,by providing ShakeAlert API developer credentials or an <br /> API access key to the Foreign Contractor)for the performance of any work under this Agreement.The <br /> Report must be consulted annually throughout the term of the Agreement for compliance.For avoidance <br /> of doubt,employees of a United States Licensee are not Foreign Contractors,and this Section 14.2 does <br /> not apply to them. <br /> 15. Severability. <br /> If a provision of this Agreement is found illegal or unenforceable,the validity,legality,and enforceability of the <br /> remaining provisions will not in any way be affected or impaired thereby and such provision will be ineffective <br /> only to the extent of such invalidity,illegality,or unenforceability. <br /> 16. Notices. <br /> All notices of termination or breach must be in writing and addressed to the other party's Legal Department. <br /> Additionally,termination and(or)breach notices from Licensee to USGS must also be addressed to the USGS <br /> Primary Contact.All other notices must be in writing and addressed to the other party's primary contact.Notice <br /> will be treated as given on receipt,as verified by written or automated receipt or by electronic log(as <br /> applicable). <br /> USGS Primary Contact: <br /> Douglas Given <br /> USGS Earthquake Early Warning Coordinator <br /> 525 S.Wilson Ave <br /> Pasadena,CA 91106 <br /> 626-583-7812 <br /> doug@usgs.gov <br /> ShakeAlert Evaluation License Agreement,Application,and Statement of Work-07/2020 Page 7 of 10 <br />