Manual Datalogic Gryphon CHR-GM40 (page 8 of 20) (English)

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4 Gryphon™ I CHR-GM40

in writing, and shall be effective when received, with evidence of receipt.

Notices to Datalogic shall be sent to the attention of Contract Administration,

Datalogic ADC, Inc., 959 Terry Street, Eugene, OR 97402, or such other address

as may be specified by Datalogic in writing.

11.3 Waiver. A party's failure to enforce any of the terms and conditions of this

Agreement shall not prevent the party's later enforcement of such terms and

conditions.

11.4 Governing Law; Venue: This Agreement and the rights of the parties hereun-

der shall be governed by and construed in accordance with the laws of the

State of Oregon U.S.A, without regard to the rules governing conflicts of law.

The state or federal courts of the State of Oregon located in either Multnomah

or Lane counties shall have exclusive jurisdiction over all matters regarding

this Agreement, except that Datalogic shall have the right, at its absolute dis-

cretion, to initiate proceedings in the courts of any other state, country, or ter-

ritory in which End User resides, or in which any of End User's assets are

located.

11.5 Attorneys' Fees. In the event an action is brought to enforce the terms and

conditions of this Agreement, the prevailing party shall be entitled to reason-

able attorneys' fees, both at trial and on appeal.

- END -

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Datalogic Gryphon CHR-GM40 Manual

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