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AXON
<br /> rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge,
<br /> and designs that constitute Axon products and services, and that the Agency will not directly or
<br /> indirectly cause any proprietary rights to be violated.
<br /> 16.5 Independent Contractors. The Parties are independent contractors. Neither Party, nor any of
<br /> their respective affiliates, has the authority to bind the other. This Agreement does not create a
<br /> partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the
<br /> Parties.
<br /> 16.6 No Third Party Beneficiaries.This Agreement does not create any third party beneficiary rights
<br /> in any individual or entity that is not a party to this Agreement.
<br /> 16.7 Non-discrimination and Equal Opportunity. During the performance of this Agreement,
<br /> neither the Parties nor the Party's employees will discriminate against any person, whether
<br /> employed by a Party or otherwise,on the basis of basis of race,color, religion,gender,age, national
<br /> origin, handicap, marital status, or political affiliation or belief. In all solicitations or advertisements
<br /> for employees,agents, subcontractors or others to be engaged by a Party or placed by or on behalf
<br /> of a Party, the solicitation or advertisement shall state all qualified applicants shall receive
<br /> consideration for employment without regard to race, color, religion, gender, age, national origin,
<br /> handicap, marital status, or political affiliation or belief.
<br /> 16.8 U.S. Government Rights. Any Evidence.com Services provided to the U.S. Government as
<br /> "commercial items," "commercial computer software," "commercial computer software
<br /> documentation,"and"technical data"will have the same rights and restrictions generally applicable
<br /> to the Evidence.com Services. If the Agency is using the Evidence.com Services on behalf of the
<br /> U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in
<br /> any respect with federal law, the Agency will immediately discontinue use of the Evidence.com
<br /> Services. The terms "commercial item," "commercial computer software,""commercial computer
<br /> software documentation," and "technical data" are defined in the Federal Acquisition Regulation
<br /> and the Defense Federal Acquisition Regulation Supplement.
<br /> 16.9 Import and Export Compliance. In connection with this Agreement,each Party will comply with
<br /> all applicable import, re- import, export, and re-export control laws and regulations.
<br /> 16.10 Assignment. Neither Party may assign or otherwise transfer this Agreement without the prior
<br /> written approval of the other Party. Axon may assign or otherwise transfer this Agreement or any
<br /> of our rights or obligations under this Agreement without consent (a) for financing purposes, (b)
<br /> in connection with a merger, acquisition or sale of all or substantially all of our assets, (c) as part
<br /> of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this
<br /> Agreement will be binding upon the Parties and their respective successors and assigns.
<br /> 16.11 No Waivers. The failure by either Party to enforce any provision of this Agreement will not
<br /> constitute a present or future waiver of the provision nor limit the Party's right to enforce the
<br /> provision at a later time.
<br /> 16.12 Severability. This Agreement is contractual and not a mere recital. If any portion of this
<br /> Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will
<br /> remain in full force and effect.
<br /> 16.13 Governing Law; Venue. The laws of the state where the Agency is physically located, without
<br /> reference to conflict of law rules, govern this Agreement and any dispute of any sort that might
<br /> Tide: Menem Service.end Vurchaang Agreement with Exhibit.(Signature) Page 7 of 10
<br /> Detainment Legal
<br /> Rebase Date. U3:2011
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