THE RIGHT TO
BRING AN ACTION FOR INJUNCTIVE RELIEF OR ANY OTHER ACTION AT LAW OR EQUITY TO
SPECIFICALLY ENFORCE THE TERMS OF THIS SECTION 9 IT BEING ACKNOWLEDGED AND
AGREED THAT ANY SUCH BREACH, OR THREATENED BREACH, COULD CAUSE IRREPARABLE
INJURY AND THAT MONEY DAMAGES WOULD NOT PROVIDE AN ADEQUATE REMEDY TO THE
INJURED PARTY.
9.6
RETURN OR DESTRUCTION.
UPON TERMINATION OR EXPIRATION OF THIS
AGREEMENT, EACH PARTY IN POSSESSION OF ANOTHER PARTY'S CONFIDENTIAL INFORMATION,
AT THE FURNISHING PARTY'S OPTION, SHALL RETURN OR DESTROY ALL CONFIDENTIAL
INFORMATION OF THE FURNISHING PARTY THAT THE RECEIVING PARTY DOES NOT POSSESS
UNDER A VALID LICENSE AND PROVIDE AN OFFICER'S CERTIFICATE TO THE FURNISHING
PARTY AS TO SUCH RETURN OR DESTRUCTION, AS APPLICABLE.
9.7
DISCLOSURE BY ECASH DIRECT.
WAGERLOGIC, THROUGH ITS SUBSIDIARY ECASH
DIRECT, RESERVES THE RIGHT TO DISCLOSE, BUT ONLY TO THE EXTENT NECESSARY TO
PERFORM THIS AGREEMENT OR AS OTHERWISE PERMITTED BY THIS AGREEMENT, ANY
FINANCIAL DATA REGARDING TRANSACTIONS SETTLED THROUGH THE ECASH SYSTEM TO:
(a)
any acquiring, issuing bank or payment
providers which settles credit card, debit card, cheque transactions or other
financial transactions on behalf of any party hereto and/or End-Users of the
WagerLogic System;
31
(b)
any of the bank card associations which may
be offered as part of the Services at any given time (including, but not limited
to, VISA, MasterCard, Discover and American Express) or credit reporting or
authentification companies; and
(c)
Any third party processor which provides
computer processing services to the acquiring or issuing bank in respect of the
ECash System.
9.8
DISCLOSURE BY WAGERLOGIC.
WAGERLOGIC MAY USE THE DATA FOR THE
PURPOSE OF DISCLOSING AGGREGATE INFORMATION TO INDUSTRY TRADE GROUPS, PROVIDED
THAT SUCH INFORMATION SHALL BE IN A STATISTICAL FORMAT ONLY, AND NOT DISCERNIBLE
AS INFORMATION SPECIFICALLY RELATING TO ANY PARTY HERETO, ANY END-USERS OF THE
LICENSEE POKER ROOM OR THE WAGERLOGIC SYSTEM, OR ANY INDIVIDUAL SALES
TRANSACTION IN RESPECT OF THE WAGERLOGIC SYSTEM.
9.9
ANNOUNCEMENT.
NO ANNOUNCEMENT, PRESS RELEASE OR OTHER DISCLOSURE (AN
"ANNOUNCEMENT") SHALL BE MADE CONCERNING THE CONTENTS OR SUBJECT MATTER OF THIS
AGREEMENT BY ANY PARTY HERETO WITHOUT THE REASONABLE WRITTEN CONSENT OF THE
LICENSEE AND WAGERLOGIC, AND PROVIDED TWO (2) DAYS WRITTEN NOTICE IS GIVEN TO
THE OTHER PARTIES OF THIS AGREEMENT, EXCEPT AS REQUIRED OR MANDATED BY LAW OR
ANY REGULATORY AUTHORITY PROVIDED THAT LICENSEE SHALL BE ENTITLED TO SPEAK
GENERALLY TO THE INVESTMENT COMMUNITY ABOUT THE GENERAL TERMS AND CONDITIONS OF
THIS AGREEMENT AND ITS RELATED BUSINESS ACTIVITIES.
9.10
THIS SECTION 9 SHALL REMAIN IN FULL FORCE AND EFFECT NOTWITHSTANDING
ANY TERMINATION OF THIS AGREEMENT.
9.11
IT IS EXPRESSLY ACKNOWLEDGED AND AGREED THAT WAGERLOGIC MAY REQUIRE
LICENSEE TO BE LICENSED IN AN ALTERNATIVE JURSIDICTIONS (AS SET FORTH IN
PARAGRAPH 3.9) EITHER AS A BACK-UP JURSIDICTIONS OR IN THE PLACE AND STEAD OF
ONE OR MORE OF THE JURSIDICTIONS.
IN THE EVENT THAT EITHER WAGERLOGIC OR THE
LICENSEE REQUIRES THAT A LICENSE BE OBTAINED IN AN ALTERNATIVE JURSIDICTIONS,
THE FOLLOWING PROCESS SHALL BE FOLLOWED:
(a)
WagerLogic