literature distributed by T3 Motion.
4.3 Unlawful Use.
(a) Any attempt by Distributor to use Products for an unlawful purpose
will be a material breach of this Agreement. T3 Motion may, by written notice to
Distributor, require Distributor to cancel the right to use service of any
Distributor Customer using or attempting to use Products for an unlawful
purpose, and failure of Distributor to cancel such Distributor Customer's
service shall be deemed a material breach of this Agreement.
4.4 Distributor Warranty to Customers.
(a) Distributor is responsible for all warranties, expressed or
implied, with regard to any Products that differ from T3 Motion's limited
warranty contained herein.
4.5 Distributor Responsibility.
(a) Distributor is solely responsible for all risks and expenses
incurred in connection with its actions in the sale of the Products pursuant to
this Agreement including without limitation, all expenses of its office, if any,
and activities, and all acts and expenses of its personnel, employees,
subcontractors, agent and representatives in the Territory.
4.6 Compliance with Law.
(a) In performing its duties hereunder, Distributor shall materially
comply with all applicable laws, rules and regulations of any Governmental
Entity, including, without limitation, those of the United States of America,
including its export and import laws and regulations, for Products and
commercially reasonable or legally required policies of T3 Motion communicated
to Distributor, which are now or hereafter in effect. Distributor shall have and
maintain all necessary permits or certificates required by any Governmental
Entity or agency necessary for the performance of its duties hereunder and the
conduct of its business, which may include the necessity of filing a separate
tariff to sell Products as a distributor thereof. T3 represents and warrants to
the Distributor that (i) no approvals, authorizations and/or consents are needed
from the United States Government and/or any agency thereof in order for T3
Motion to ship or deliver the Products to the Distributor in any of the
Territories and/or for the Distributor to sell any Products in the Territories
and (ii) to T3 Motion's knowledge, the Distributor will not be required to file
any notice and/or other documents with the United States Government and/or any
agency thereof in order to have the Products shipped and/or delivered to the
Distributor in any of the Territories and/or for the Distributor to sell any
Products in the Territories.
4.7 Competition.
(a) Distributor shall have the right to engage, conduct, assist,
encourage, participate or aid any other party in other form of business however,
Distributor shall not engage in any form of business that shall constitute a
competition for Products which are currently available
for sale by T3 Motion within the attached Territories and shall maintain in
strict confidence all information regarding T3 Motion and the Products and as
more fully defined under Section 9. Without limiting the generality of the
foregoing, neither Distributor nor any of its affiliates shall market, sell,
solicit, distribute any products or services that directly compete with T3
Motion's existing T3i Series products (as