12 Startup adVANce | Cooperation Agreement of whether the documents, data or information are deemed as confidential), insofar as they are not (a) generally known or accessible for the public or without the contribution of the other affected Party became public, (b) released in writing by the affected Party as non-confidential information, (c) at the time of the transfer of the item to the receiving Party were no longer subject to confidentiality, or (d) the transfer to the receiving Party from a third party occurred without an obligation to confidentiality. 3.15.7 Notwithstanding the above provisions on confidentiality, each Party will comply with the data protection regulations including confidentiality, availability, integrity and authenticity of data. 3.15.8 If the Startup collects, processes or uses personal data on behalf of Daimler, the Parties will agree on a contract on data processing on behalf as set out in Annex 3.15.8. 3.16 Communication and Publication 3.16.1 The Startup is not entitled to issue or to initiate public announcements in the press, media or in marketing materials relating to its Product Idea filed for the Startup adVANce Challenge and to this Agreement and the Parties’ cooperation (e.g., but not limited to, the Product, Concept and/or Prototypes) without the prior approval of Daimler. Daimler will inform the Startup reasonably prior to any intended press releases or statements regarding the Parties’ cooperation under this Agreement. 3.16.2 The Startup shall not use the name, logo, other company symbols and identity of Daimler (including the group companies of Daimler) without the prior written consent of Daimler. 3.17 Costs 3.17.1 Each Party bears its own costs out of and in connection with the conclusion of this Agreement and the performance of its obligations owed to the other Party for each Phase pursuant to this Agreement. 3.17.2 The Parties herewith clarify that no specific or additional remuneration for the granting of rights pursuant to clauses 3.7 through 3.9 are owed between the Parties. 3.18 Term and Termination 3.18.1 With respect to Phase 2 (Concept Phase), this Agreement has a fixed term starting from the Start of Phase 2, May 6, 2017, and until July 6, 2017. No Party is entitled to terminate this Agreement for convenience during this fixed term. 3.18.2 With respect to Phase 3 (Prototype Phase), this Agreement has a fixed term starting from the Start of Phase 3, August 25, 2017, and until November 26, 2017 at the latest, or such earlier date as jointly determined by the Parties. No Party is entitled to terminate this Agreement for convenience during this fixed term. If so requested by one Party, the Parties may enter into good faith negotiations with the aim to extend the term of this Agreement beyond November 26, 2017 and to agree on any additional terms and conditions necessary for the successful continuation of their cooperation under this Agreement. 3.18.3 Each Party may terminate this Agreement for cause (aus wichtigem Grund) without notice period. Cause is given one Party has breached a material provision of this Agreement and has not remedied such breach, if remedial action is possible and has not been refused by the
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