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make clear that these conclusions were not made by MERC and are solely the Participant’s
interpretation of the Program data.
8.
Use of Logos. While MERC’s logo may appear on the Evaluation
Reports, the Participant is not permitted to use MERC’s logo in any materials the Participant
develops, without first obtaining MERC’s authorization. In addition, the Participant
acknowledges that MERC does not have the authority to grant the Participant any right to use the
name or logo of MPA, MARAD or any other partner in the MERC effort.
9.
Release. The Participant, for itself and its directors, officers, agents,
employees, representatives, predecessors, successors, affiliates and assigns, hereby fully and
irrevocably releases MERC and its directors, officers, agents, employees, representatives,
predecessors, successors, affiliates and assigns from all claims, damages, causes of actions,
liabilities relating to the Program, including but not limited to MERC’s use of the Product(s), the
results of the testing and MERC’s publication of all Evaluation Reports (with or without
Participant comments).
10.
Entire Agreement. This Agreement constitutes the sole and complete
agreement among the parties with respect to the Program, and it may not be modified except by a
writing signed by both Parties.
11.
Counterparts. This Agreement may be executed in two or more
counterparts, including by facsimile signature, each of which shall be deemed an original, but all
of which together shall constitute one and the same instrument.
12.
Authorization. Each of the signatories below represents and warrants that
he or she is authorized to execute this Agreement on behalf of the entity for which he or she has
signed.