14 Startup adVANce Challenge | Startup Partnership by Mercedes-Benz Vans b. the startup fails to comply with any of its material obligations under these terms and conditions or the Cooperation Agreement, then the startup shall lose its entitlement to the Grant and shall pay back any parts of the Grant already received. The obligation to pay back the Grant shall not apply (i) in case of Grants for Phase 2 once the startup has submitted the revised Concept with the maturity level expected for Phase 2 according to Sec. 1.5 (cf. Sec. 2.6, item 2), and (ii) in case of Phase 3 once all Milestones have been completed successfully. 2.8. Space and technical support The Startup adVANce Challenge is not an acceleration program, under which physical space for working or business coaching is provided. Therefore, participants are not entitled to request technical support or space from Daimler AG without an explicit agreement with Daimler AG. However, in Phase 3 (Prototype Phase), in Daimler AG’s sole discretion, technical support and space might be provided by Daimler AG if required to realize the Prototype in cooperation with Daimler AG. In such case, details will be discussed in Phase 3 and any related agreement will be documented in an amendment to the Cooperation Agreement. 2.9. Protection of personal information Daimler AG will not disclose, except to evaluators it cooperates with, any documented information that the startup has submitted in connection with the Startup adVANce Challenge and that is explicitly marked as “confidential”, except where such information was previously known to Daimler AG, is subsequently disclosed to Daimler AG without breach of confidentiality, or is in the public domain. 2.10.Place of jurisdiction and applicable law Stuttgart, Germany is agreed as place of jurisdiction in case of litigation. Substantive German law applies.