aken the impediment into account at the time of the conclusion of the Contract or to have avoided or overcome it or its consequences.
11.3. In case of occurrence of force-majeure circumstances, partially or completely preventing from fulfilment of obligations, resulting from this Contract, namely: natural disasters, fire, government regulations, war and military actions, blockage, strikes, a term of this Contract performance can be changed, unless the Parties decide the other. p> 11.4. A Party, facing circumstances of extraordinary character, partially or completely preventing from fulfilment of contractual obligations, is to inform the other Party about their occurrence/cessation under this Contract within 7 (seven) working days.
11.5. An adequate proof of existence of circumstances indicated in item 11.3. of this Contract and their duration will be written conclusions of a Chamber of Commerce at a place of their occurrence.
11.6. The exemption provided by article 11.1. and 11.2. of this Contract has effect for the period during which the impediment exists.
11.7. Occurrence of the indicated circumstances will not serve as a ground for the BUYER's refusal of payment for the Goods already delivered.
12. SETTLEMENT OF DISPUTES AND ARBITRATION
12.1. Should any differences or disputes connected with this Contract arise between the SELLER and the BUYER, the parties will strive to reach friendly settlement of them by means of negotiations using the international law.
12.2. Should the parties fail to reach an agreement, the dispute will be at a written request of one of the parties submitted for consideration to the International Commercial Arbitration in a country of a respondent. Decisions of this court are final, subject to no appeal, change and obligatory for both parties. Administered law is the Law of a country of a respondent. Language of hearing is English, number of arbitrators is one. The Chairman of the international Commercial Arbitration at the Chamber of Commerce appoints an arbitrator. An interpreter is at the service of any party, if necessary. The party lost a court hearing pays for the interpreter's services.
13. PROTECTION OF THE INDUSTRIAL PROPERTY
13.1. The BUYER never uses trademarks, patents, registered samples or other rights to industrial property of the Manufacturer for any other purpose, except the exercise of this Contract.
In particular, the BUYER is not entitled to register or to use any of industrial property rights, which belong to and/or are used by the Manufacturer (regardless whether such right is registered by the Manufacturer or not) on his own behalf or in the name of his company.
14. ANTI-DUMPING WARNINGS
14.1. The BUYER accepts full and sole responsibility for complying with anti-dumping warnings, regulations and procedures in effect on the TERRITORY, and
(a) undertakes not to be involved into operations on the said TERRITORY at prices considered "Dumping" by existing legislation and international agreements signed by the country of the BUYER;
(b) to be a sole defendant in all possible anti-dumping lawsuits and claims; and
(c) to fully pay all fines, penalties and other damages pertaining to the GOODS pursuant to anti-dumping laws of the country of the BUYER.
15. NOTICES
15.1. Any notice to this Contract should be given in writing and telexed, sent by facsimile transmission or mailed by a registered letter to the receiving Party at his business address specified in this Contract. A notice is considered to be given on the date of the telex or facsimile transmission or on the day on which the notice was posted.
16. FINAL PROVISIONS
16.1. This Contract is executed in duplicate, each copy in English. One copy is to be given to the SELLER and another copy is to be given to the BUYER.
All negotiations and correspondence, which were conducted before conclusion of this Contract, become invalid.
16.2. Other terms and agreements not mentioned herein shall be obligatorily agreed in writing between the SELLER and the BUYER. p> 17. LEGAL ADDRESSES OF THE PARTIES AND THEIR BANK DETAILS
SELLER:
The Subsidiary "Ukrainian Vodka Company "Nemiroff''
31, Gorky Street Nemirov, Vinnitsa Region Ukraine
Bank details:
Khmelnytsky Branch of Prominvestbank of Ukraine
13, Teatralnaya Str., Khmelnitsky 29000 Ukraine,
bank code 315278
SWIFT: UPIBUAUX
USD account № 26009302212599/978
Bank correspondent:
Deutsche Bank AG, Frankfurt Am Main 949 8296 00
SWIFT: DEUT DE FF
BUYER
Додаток Г
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