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Terms and Conditions Version 1 February 2022 <br />ChargePoint, Inc. <br />240 East Hacienda Avenue <br />Campbell CA 95008 USA. <br /> <br /> <br />12 <br />Terms and Conditions. <br />17. Force Majeure <br />17.1 No failure or omission by either of the Parties in the performance of any obligation under the <br />Agreement shall be deemed a breach of the Agreement or create any liability if the same arises <br />on account of force majeure. Force majeure on the part of ViriCiti shall include a situation of force <br />majeure encountered by ViriCiti’s own suppliers or contractors, governmental measures, <br />amendments in the directions of supervisors, faults affecting the internet and other networks <br />and/or electricity, war, riot, general transport problems, physical intrusion and an hack of ViriCiti’s <br />systems despite complying with these terms specified norms. <br />17.2 Without affecting any payment obligations pursuant to these terms and conditions, if a situation of force <br />majeure lasts for longer than three months, both Parties shall be enti tled to terminate the <br />Agreement without liability. The Client shall settle the License fee on a pro rata basis for the <br />amount of Services received. <br />18. Confidentiality <br />18.1 All Confidential Information provided by ViriCiti to Client or otherwise obtained by Client will be <br />treated as confidential by Client, its representatives, employees and/or subcontractors and <br />neither used other than for the benefit of ViriCiti or operation of the Units, Other Materials and <br />Service nor disclosed to third parties without the prior written consent of ViriCiti, except insofar <br />as required by law. <br />18.2 “Confidential Information” shall be deemed to be, without limitation: <br />a matters of a clearly confidential nature and/or specified as confidential in writing; <br />b trade secrets; <br />c technical know-how of ViriCiti; <br />d the specifics of the Agreement, <br />18.3 Client shall cause its representatives, employees and/or subcontractors to whom confidential <br />information is disclosed to be bound by the confidentiality obligations set out in this article. <br />18.4 Client will be responsible to prevent any action or failure to act that would constitute a breach or <br />violation of any of the terms, obligations and understandings of this Agreement by Client, a User, <br />or Client’s representatives, employees and/or subcontractors, which includes taking all <br />reasonable measures, at its cost (including, but not limited to, court proceedings), to restrain <br />Client’s representatives, employees and/or subcontractors from prohibited or unauthorized <br />disclosure or use of Confidential Information. Client agre es to notify ViriCiti without undue delay in <br />writing of any misappropriation or misuse by any of its representatives, employees and/or <br />subcontractors of Confidential Information of which it becomes aware. Client agrees that the acts <br />or omissions of its representatives, employees and/or subcontractors in connection with the <br />Confidential Information will be treated as the acts or omissions of Client.