<|begin_of_text|><|start_header_id|>system<|end_header_id|>Autocomplete the given text which is the part of a Non disclosure agreement.<|eot_id|>
        <|start_header_id|>user<|end_header_id|>g such equitable relief and the Parties hereby consent to the issuance of such injunction and to the ordering of specific performance. 9. Legal Expenses. If any action or proceeding is brought for enforcement of this Agreement, or because of an alleged or actual dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in such action or proceeding in addition to any other relief to which it may be entitled. 10. General Provisions. (a) Governing Law. This Agreement shall be governed by the laws of the United States of America, State of California. (b) Severability. If one or more of the provisions in this Agreement is deemed void by law, then the remaining provisions will continue in full force and effect. (c) Successor and Assigns. This Agreement will be binding upon the successors and/or assignees of the Parties. (d) Headings. All headings used herein are intended for reference purposes only and shall not affect the interpretation or validity of this Agreement. 11. Obligations. Neither party has an obligation under this Agreement to purchase any service or item from the other party. <|eot_id|>
        <|start_header_id|>assistant<|end_header_id|>Neither party has an obligation under this Agreement to offer for sale or license products using or incorporating the Confidential Information. Either party may, at its sole discretion, offer products for sale or license using its own information but not the Confidential Information of the other and may modify or discontinue sales at any time. This Agreement shall not constitute, create, give effect to, or otherwise imply a joint venture, pooling arrangement, partnership, or formal business organization of any kind, nor shall it constitute, create, give effect to, or otherwise imply an obligation or commitment on the part of either party to submit a proposal to or perform a contract with the other party. Nothing herein shall be construed as providing for the sharing of profits or losses arising out of the efforts of either or both parties. Neither party will be liable to the other party for any costs, expense, risks, or liabilities arising out of the other party’s efforts in connection with this Agreement. 12. Entire Understanding. This Agreement contains the entire understanding between the Parties concerning the subject matter hereof, superseding all prior contemporaneous communications, agreements and understandings between the Parties with respect to the disclosure and protection of Confidential Information. The rights and obligations of the Parties shall be limited to those expressly set forth herein. nStor Corporation, Inc. Xyratex Technology Limited /s/ Steve Aleshire /s/ Matt Cornell Authorized Signature Authorized Signature Matt Cornell Steve Aleshire Print Name Print Name Executive VP − Storage Systems COO Title Title September 3, 2004 9/3/04 Date Date<|eot_id|>