마케팅 홍보 계약서 번역(영어 번역본)Article 6 (Entire agreement)
1. This agreement represents the entire agreement between the two parties, and this agreement supersedes all prior oral or written agreement of any kind and nature between them.
2. ’Oxy Reckitt Benckiser’ and ’CJ E&M’ may change or modify this agreement by mutual written consent.
Article 7 (Confidentiality)
’CJ E&M’ and ’Oxy Reckitt Benckiser’ may not disclose or distribute trade secrets they acquire during the term of the agreement to a third party. Also, the confidentiality clause shall remain effective after the termination of the agreement. Article 8 (Termination, cancellation and change of the agreement)
1. If either party (“the violating party”) violates this agreement, the other party shall determine the period and request the performance or correction thereof, and if the violating party fails to perform this agreement or make corrections, the other party may terminate or cancel this agreement by notifying the violating party in writing.
2. In the following events regardless of Paragraph 1 of this Article, ’Oxy Reckitt Benckiser’ may immediately terminate this agreement by notifying ‘CJ E&M’ in writing.
– In the event that ‘CJ E&M’ fails to fulfill the duties pursuant to Paragraph 1 of Articl3 4;
– In the event that this program damages the brand and product image of ’Oxy Reckitt Benckiser’; and
– In the event that the airing of the program is cancelled.
3. If either party violates this agreement and causes damage to the other party, the violating party shall compensate the other party for all damages. If either party fails to fulfill the duties pursuant to this agreement due to natural disasters, floods, earthquakes, epidemics, riots, wars, suspension of currency, or reasons that either party cannot be held responsible for (excluding labor disputes) (hereinafter referred to as ‘force majeure’), however, it shall be exempted from responsibility. Furthermore, if the violation of this agreement continues for more than 30 days for the aforementioned reasons, either party may cancel this agreement by notifying the other party in writing.
4. If the parties cannot fulfill the agreement due to force majeure, they may defer their duties by mutual written consent. Article 9 (Effect of termination and cancellation of the agreement)
If this agreement is terminated or cancelled according to Article 8, it shall lose effect immediately without any special measure. If this agreement is terminated according to Paragraph 2 of Article 8, however, ’CJ E&M’ shall return all the cash provided by ’Oxy Reckitt Benckiser.’ If ‘CJ E&M’ fulfilled any part of the marketing promotion duties prior to the termination or cancellation of this agreement, however, it may deduct the expenses for this part before returning the cash. The termination of this agreement pursuant to this Article shall not affect the responsibility of the party that violated this agreement prior to such termination or cancellation. Article 10 (Prohibition of transfer)
’Oxy Reckitt Benckiser’ or ’CJ E&M’ may not dispose of the rights and duties pursuant to this agreement, e.g. transfer thereof, without the prior written consent of the other party. Article 11 (Effectuation)
This agreement shall go into effect upon the conclusion of this agreement. Article 12 (Change of the agreement)
“Oxy Reckitt Benckiser” and “CJ E&M” may change this agreement by mutual written agreement. Article 13 (General matters)
1. The parties shall understand that the service pursuant to this agreement is a joint business, and cooperate with each other performing the fiduciary duty in good faith.
2. Matters not stipulated in this agreement shall comply with general commercial practices and related laws. Article 14 (Resolution of disputes)
If there is a dispute between the parties in regard to the formation and effect of this agreement, it shall be resolved by mutual agreement, but if there is a dispute as no agreement is reached, the competent court shall be the Seoul Central District Court. | 