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NEO SO
<br />disclosure, at its expense, and provided further that the original Receiving Party will cooperate
<br />reasonably in such defense.
<br />(c) Pubfici . Either party may issue a press release or other public announcement
<br />with respect to this Agreement with the prior, written consent of the other party.
<br />(d) Joint Marketing / Loqo Use. Upon prior written approval, either party may utilize
<br />the other party's logo, tradename, trademark, or similar material for any joint marketing efforts,
<br />including, but not limited to, utilizing the other party's logo, tradename, trademark, or similar
<br />material on corre'spondence, collateral, agreements, websites, newsletCers, or other marketing
<br />materials.
<br />Section 1.12 Modifications to North American Svstems NEOISO acknowledges that NORTH AMERICAN's systems, including information retrieval and processing systems and
<br />their hardware and software (collectively the "NORTH AMERICAN Svstems"), are the property
<br />of NORTH AMERfCAN. In order to provide the Products to Members or Participants, NORTH
<br />AMERICAN may agree to modify NORTH AMERICAN Systems to meet special Member or
<br />Participant needs. However, such modifications are to be made at the sole discretion of
<br />NORTH AMERICAN, and will be prepared and released only as formal releases or updates of
<br />the NORTH AMERICAN Systems.
<br />Section 1.13 General Services Periodically, NORTH AMERICAN will provide
<br />Members or Participants with an updated overview of the status of the Products being provided
<br />under this Agreement. As appropriate or necessary, NORTH AMERICAN and NEOISO will
<br />jointly review, assess, analyze, or evaluate NORTH AMERICAN's performance under this
<br />Agreement.
<br />Section 1.14 Exclusive Dealing Unless otherwise identified by the parties in writing
<br />as pre-existing business, during the Term of this Agreement NORTH AMERICAN will not
<br />directly or indirectly, through any representative, agent or otherwise, solicit or entertain offers
<br />from, negotiate with or in any manner encourage, discuss, accept, or consider any proposal of
<br />any Member or Participant relating to the acquisition of Products offered by NORTH
<br />AMERICAN through NEOISO to a Member or Participant under the terms of this Agreement;
<br />provided, however, that nothing in this Agreement shall restrict fVORTH AMERICAN or any of
<br />its affiliates from responding during the Term of this Agreement to one or more solicitations
<br />from a Member or Participant or group of Members or Participants, directly or indirectly, for bids
<br />or proposals for bulk road salt to be purchased from NORTH AMERICAN or any of its affiliates
<br />after July 31, 2008. During the Term of this Agreement, NORTH AMERICAN may, either
<br />directly or indirectly, through any representative, agent or otherwise, solicit or entertain offers
<br />from, negotiate with or in any manner encourage, discuss, accept, or consider any proposal of
<br />any Member or Participant relating to the acquisition of any Products that are not offered by
<br />NORTH AMERfCAN through IVEO(SO to a Member or Participant under the terms of this
<br />Agreement.
<br />Section 1.15 No Third-Partv Beneficiaries: Survival of Representations This
<br />Agreement is made solely for the benefit of the parties to it, and no other persons will acquire or
<br />have any right under or by virtue of this Agreement. All representations, warranties, covenants
<br />and agreements of NORTH AMERICAN will remain in full force and effect regardless of any
<br />termination of this Agreement.
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<br />Northeast Ohio Sourcing Office 4829 Galaxy Parkvs>ay Suite A p 1216.539.1500
<br />www.neoso.org Cleveland, OH 44128 f 1216.503.4247 ?t"
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