Damn... and here I thought Telecom contracts were one-sided. Mine from La Antilla was quite a bit simpler, but had the same thrust. This one is just plain sad and a bit depressing to read.
--- In FairfieldLife@yahoogroups.com, Rick Archer <[EMAIL PROTECTED]> wrote: > Ingegard sent me this and I scanned it. I havenât had a chance to spell > check it. This is the agreement she signed when she became a TM teacher. > > Agreement for Associates of Maharishi Vedic University > between > Stichting Maharishi Foundation International - Maharishi Vedic University > P, O. Box 272, NL 6300 AG Valkenburg aan de GeuI, The Netherlands, > in the following referred to as "MVU", > and > Family name: ............ > First and middle names: > Postal code: .._._._l's?>..S....... Town:..._ > Country: .../>lS2.!5..~/.^£.-......-.- Telephone number > in the following called "the Associate" > Preamble > As specified in detail below in this Agreementthe Associate will be > performing the Activities in the following Aspects) of Maharishj's Vedic > Science [ tick the relevant Aspect(s), and strike out those that are not > relevant by drawing a horizontal line tttrough each, as shown in this > example: 5- 4. Maharisht-Yojur Vac's ]: > Oa 1. Transcendental Meditation 13 4. Maharishi Yajur Veda r' 7. > Maharishi DhanurVeda SFlO. Maharishi Kalpa E" 13. Maharishi Chhanda 09 16. > Maharishi Vaisheshika IB'13, Maharishi Karma Mimamsa S'22. Maharishi Smritf > 13" 25. Maharishi Brahmana EET28. Maharishi Prafehakhya > t2"3l. Maharisht Supreme Political Science £3 33, Maharishi Vedic Management > B 35. Maharishi Vedic Approach to Health GT37. Maharishi Vedic Vibration > Technology > a.ManarishiRikVeda 5. Maharishi Atharva Veda 8. Maharishi Gandharva Veda > 11. Maharishi Vyakarana > 14. Maharishi Jyotish > 17. Maharishi Sankhya '20. Maharishi Vedanta > 23. Maharishi Purana '26. Maharishi Aranyaka > 23. Maharishi Yagya > 0 3. Maharishi Sama Veda Q- 6. Maharishi Sthapatya Veda 13 9i Maharishi > Shiksha IB'12, Maharishi Nirukta B 15. Maharishi Nyaya S 1 SI Maharishi Yoga > 03 21. Maharishi Ayur-Veda E3" 24. Maharishi Itihasa E"27. Maharishi > Upanishad B'30. Maharishi Veda Land > p 32. Maharishi Heaven on Harth.Devefopment Programme '34. Maharishi > Corporate Development Programme ^36. Maharishi University of Management > Facufty Development Programme > Article 1 - Declaration of Mutual Understanding between the Parties > At the time of signing this Agreement the accord that the main purpose of > entering trie Agreement, is to ensure ."n ail respects, that the owledge, > information, and methods which hereafter kne referred to collectively as > "Maharishi's Vedic Science" fconfer Article 2, Subsection 1, Paragraph A), > in perpetuÂity can be preserved in its complete and undistorted fcrm, and be > imparted and practically applied in conformity with soecific or general > instructions by MVU and its Affiliates, The Parties consider Maharishi's > Vedic Science and its various Aspects to represent a completely unique > theoÂretical and practical knowledge, which has not been available for > mankind in its integrated and holistic form for millennia. They concur that > the practical ability of this knowledge to generate the beneficial results > for the indiÂvidual and the society, that have been confirmed by perÂsonal > experience and scientific research, exclusively deÂpends on the > authenticity, integrity, and wholeness of both the knowledge and the > procedures for its applicaÂtion; and they agree on the paramount importance > of r^ ^serving these qualities that have been restored to the Ljwledge in > this generation only due. to the extensive work and efforts of MVU and its > Affiliates under the guidÂance of His Holiness Maharishi Mahesh Yogi. The > ParÂties acknowledge that MVU and its associated individuals and > organizations have invested considerable amounts of time and finances in > restoring the knowledge of Maharishi's Vedic Science, and that .this fact > contributes to the importance of preserving the authenticity and inÂtegrity > of the know/edge and the teaching procedures. The Associate and MVU further > agree that the general laws of society as of to-day do not offer sufficient > specific protection for the theory and practical application of Maharishi's > Vedic Science thereby creating a need for this detailed Agreement to > supplement the general legisÂlation. > Subsection 2 MVU greatly appreciates the Associate's decision to take upon > himself the responsibility to be a leader in his society by making > Maharishi's Vedic Sci- > ence available to the population in his area as described in this Agreement. > The Associate understands that he will only be accepted to become or to > continue being active and/or to train with MVU and its Affiliates, if he > agrees tc participate without any reservation in protecting the authenticity > of the knowledge of Maharishi's Vedic SciÂence in accord with the scheme > laid out in the following. He agrees that only graduation from approved > training by MVU or its Affiliates would enable him to offer any servÂices in > the field of Maharishi's Vedic Science or any of its Aspects that are at > present available or that will be made available in the future. He therefore > also undertakes the obligations of this Agreement with regard to any > training, instruction, and other information, that he has received in any > Aspect of Maharishi's Vedic Science before the date of this Agreement, > thereby explicitly confirming and supÂplementing all obligations, that he > has assumed in the context of such previous training or instruction. > Subsection 3 Notwithstanding the concrete provisions in this Agreement > concerning finances and monetary obliÂgations, the Parties agree that the > protection of the integÂrity and authenticity of the knowledge of > Maharishi's VeÂdic Science is a concern of more profound consequence, than > any material consideration, and that such material interest under no > circumstances shall hamper the achievement of the protect/on of this > valuable intellectual right as laid out in the following articles. The > Associate also acknowledges that his engagement in the Activities (confer > Article 2, Subsection 1, Paragraph D) primarily is motivated by his > altruistic desire to benefit fellow human beings and society as a whole by > means of the theoretiÂcal and practical application of Maharishi's Vedic > Science as administered by MVU, and by the personal inspiration and > evolution that such activity may produce in his own life. The Parties are > aware that whether the Activities can be expected to generate any income for > the Associate will depend on to which extent individuals and society as a > whole will be able to appreciate and assimilate the knowledge of Maharishi's > Vedic Science. > Article 2 - Definitions of Some Terms used in this Agreement > Subsection 1 The most important terms used in this Agreement are defined as > follows: > A: "Maharishi's Vedic Science" means the entire informaÂtion contained in > the classical Veda, originating from InÂdiaËthe Land of the VedaËas > restored > to its long lost dignity of completeness and fullness by His Holiness > Maharishi Mahesh Yogi through MVU and its Affiliates. > B: "Aspect of Maharishi's Vedic Science" means one of several areas of > knowledge in which Maharishi's Vedic Science unfolds, however, all > encompassing the essenÂtial holistic concept of Maharishi's Vedic Science. > As of the date of this Agreement the Aspects of Maharishi's Vedic Science > include, but are not limited to those listed in the Preamble of this > Agreement. The development of Maharishi's Vedic Science is an ongoing > process, and > the Parties are aware that new Aspects are likely to be inÂtroduced in the > future through the research of MVU, and that existing Aspects may still > undergo further adjustment and refinement leading to changes in structure > and conÂtent (including the transliteration of the Sanskrit compoÂnents in > texts and names). > C: "Confidential Knowledge" means all theoretical inforÂmation and practical > procedures relating to Maharishi's Vedic Science, that are imparted to the > Associate in the form of courses or as individual or general instructions > with the explicit or implicit indication that the knowledge thus being made > available is intended for his own use only to enable him to carry out the > Activities (confer ParaÂgraph D in this Subsection). Whether information is > to be considered to have been indicated to be Confidential Knowledge, may > for instance depend on (1) the content ted material issued by MVU or its > Affiliates and/or pnrg) or electronically or otherwise recorded teaching > -ct\ make up the teaching material of a course, or (2) f policies and > guidelines, whether issued by MVU or its A*fi|iates in writing, orally, > visually, or electronically con-erning the information in question. The term > also inÂcludes but is not limited to the content of this Agreement as well > as all information with which the Associate in conÂnection with the > Activities may become familiar concernÂing: financial data and procedures; > personal data; organÂisational structures and proceedings; and general > operaÂtions and planning concerning MVU and its Affiliates. MVU shall always > be considered to be the ultimate authority in deciding on questions > concerning confidenÂtiality. > D: "The Activities" means all activities by the Associate, that he carries > out for MVU or its Affiliates. The Activities may consist of but are not > limited to: Administration, management, promotion, sales on a retail or > wholesale basis, processing of applications for National and InternaÂtional > courses, public performances, written or oral '. nslation, giving > consultations, prescription or perform-4rfce of treatments, lecturing, > teaching of courses, etc. > E: "Service Names" means trade marks, names, designs, and logos and other > non-lexical graphical structures, that, whether officially registered or not > designate or refer to any of the .services or prpduc.tSj offered by MVU or > its.Af--. > " ' > F: "The Parties" means the Associate and MVU together. > G: "Affiliates" means organisations, companies, or indiÂviduals who at the > point in time or during the period being considered in the past have been, > presently are, or in the future shall be expressly declared by MVU to be > desigÂnated as Affiliates. The term is not limited to only covei cases of > legal, economical, managerial, or other formal relationships, but may > include instances of an organisaÂtion, a company, or an individual merely > sharing a comÂmitment to Maharishi's Vedic Science at the time of > desÂignation as an affiliate. > H: "'uther Programmes" means any commercial or nonÂcommercial teachings, > operations, or proceedings that with regard to: intellectual content; > general philosophical and ideological concept; procedures, methods, and > techniques; format and set-up; or overall style and apÂpearance have a > resemblance to one or more of the preÂsent or future Aspects of Maharishi's > Vedic Science, and that are not offered or carried out in conformity with > inÂstructions by MVU or its Affiliates. Whether the term is used to cover > cases of resemblance to one or more AsÂpect, or to all Aspects of > Maharishi's Vedic Science will be specified in the respective Articles where > the term is being used. The definition in this Paragraph for example > includes but is not limited to the following types of activity when > resembling but not related to Maharishi's Vedic Science as described above: > theoretical philosophical teaching; instruction in techniques and methods > for perÂsonal development or mental or physical healing; appliÂcation of > educational modes and designs for presenting teacfilngs or philosophical > principles; and prescription or performance of health-care methods and > treatments, as well as counselling, that are not officially recognized by > public health Authorities. > Article 3 - The Relation between MVU and the Associate > Subsection 1 The Associate is hereby accepted by MVU to function as an > associate in the Aspect(s) of Maharishi's Vedic Science identified in the > Preamble, and subject to the specific guidelines and policies which at ^'/ > given time apply for the Activities. The Associate unÂderstands that his > obligations according to this AgreeÂment are towards MVU only, and that in > case of discrepÂancy any instruction from MVU shall supersede instrucÂtions > from its present or future Affiliates. In case the AsÂsociate has any reason > to doubt the affiliation between an individual or an organisation and MVU, > it is his responÂsibility to immediately clarify the situation by inquiring > with MVU directly. > Subsection 2 The Associate understands that the ActiviÂties may have the > format either of activity as a volunteer, of engagement as an independent > agent, or of employÂment, dependent on the actual contract which may be set > up between MVU or its Affiliates and the Associate. If no > contract is established, the Associate is considered to be a volunteer. The > Activities may occupy any large or small amount of the Associate's time per > day. The Associate is aware that, the content of the contract of engagement, > such as may be established with MVU or its Affiliates, and the policies and > guidelines in force, will decide whether and to what extent he will receive > remuneration for the Activities. If so, the payment may take the form of e. > g. allowances, a commission, or a salary. > Subsection 3 This Agreement does not bind MVU or its Affiliates to enter > into any contract of employment or other engagement with the Associate, nor > does it itself constitute such a contract of employment or engageÂment. The > validity of any provision in this Agreement does not depend on whether any > additional contract is established, and the Associate also agrees to honour > his obligations according to this Agreement, whether or not he will be > receiving remuneration for his activity. > Subsection 1 If a contract of engagement is made beÂtween the Parties, the > range of responsibility of the AsÂsociate with regard to the Activities that > he will be perÂforming will be defined in that contract. If the Associate > functions as a volunteer, his responsibility in this regard is. defined by > the representatives of MVU in the context of each instance of the Activities > which he takes upon himÂself to accomplish. The Associate can only engage in > those types of the Activities for which he has received specific approval by > MVU or its Affiliates. Such approval will depend on his training as well as > his experience and previous performance, and can be revoked at any time at > the discretion of MVU. > Subsection 2 To ensure a complete coverage by this Agreement the Parties > concur, that, no matter whether an authorization for the Associate to > perform any of the AcÂtivities is issued by MVU or its Affiliates before or > after :he date of this Agreement, the Associate will be commit-;ed by his > obligations according to this Agreement with ii^ard to that Activity. If > such authorization is issued in ...e form cf a specific contract,'any > stipulation whose va-idity according to that contract is related to a > particular :ime limit or period of time, shall remain unaffected by the > Drovisions of this Agreement, unless the Activities of the Associate are > terminated with reference to the stipula-ions in this Agreement concerning > violations. > Subsection 3 The Associate understands, that for all the Activities a > certain format and set of- policies and guide-ines apply with regard to > promotion as well as performÂance, fees, finance procedures, reporting etc.; > and he > agrees to fully comply with these requirements and any additional > instructions that he may be given by MVU or its > Affiliates. He especially confirms that he is aware that all knowledge of > any Aspect cf Maharishi's Vedic Science i only to be utilized, taught, or > otherwise expounded in a format and a set-up that are fully approved by MVU > at the time in question. The Associate accepts that policies and guidelines > may be subject to change over time and unÂdertakes to inquire with MVU if he > has any reason to beÂlieve that any policy or guideline has been changed. If > he finds a need for changing or replacing procedures or maÂterial > established or developed by MVU, he will always ensure that the approval by > MVU is obtained prior to takÂing such steps. > Subsection 4 The Associate may only perform the ActiviÂties within > geographical areas for which he has been apÂproved by MVU. Such approval may > be designed so as to cover certain Aspects of Maharishi's Vedic Science or > certain types of the Activities only, and may be regulated in details to > cater for different sectors of the geographical area(s) in question. The > approval may be revoked or reÂvised at MVU's discretion. > Subsection 5 With regard to his general personal conÂduct the Assocfate will > obey the laws of the country where he is performing the Activities, and he > will abstain from all actions that would not befit the dignity of > Maharishi's VeÂdic Science. If he has reason to believe that instructions > from MVU do not comply with national law he will immeÂdiately inform MVU > about this. In case he contracts any physical or mental illness, that is > likely to influence his ability to perform the Activities for a period of > some length, the Associate will inform MVU or its Affiliates about it. , > 1 > is 1 > Article 5 - General Rules Regarding Responsibility for Finances > subsection 1 Whenever his responsibility includes han-iling of finances, the > Associate will keep accounts re-*f rding all transactions according to > guidelines, such as > may be issued by MVU, and he will always on request make such accounts > available for the inspection of MVU or its representatives. > Article 6 - The Legal Status of the Associate > Subsection 1 This Agreement does not entitle the Asso-:iate to legally > represent MVU in any way, nor does it five him any power of attorney; and it > establishes no luthority for the Associate to assume or, intentionally or > inintentionally, create any obligation, claim, or guarantee in behalf of > MVU. He confirms that he is solely responsi-ile for ensuring that all the > Activities are fully in accord /tth the laws and regulations in force. The > Associate ecognizes that the Activities can never generate any iroprietary > rights for him or any other legal entity as nentioned in Article 12, > Subsection 3, with regard to the eachings, procedures, service names, or > other material r intellectual properties of MVU or its Affiliates. > Subsection 2 If the laws in the geographical area of acÂtivity demand an > official licence or permission for the AsÂsociate to perform any of the > Activities for which he is or in the future may become approved by MVU, such > apÂproval by MVU shall only be considered valid as long as the Associate is > licensed by the competent authorities. If his licence is revoked he shall > forthwith inform MVU of this. The Associate is aware that if any of the > Activities due to local laws necessitates coverage by insurance, it is his > responsibility to make arrangements accordingly. > ^^Fgyhgigction 1 The Associate is aware that he is accepted ^f to carry out > the Activities in the field of Maharishi's Vedic V Science only for > purposes defined by MVU and not for W any private purpose. He acknowledges > that all individuals f or organisations, with whom he will be dealing > during his Activities as an Associate, including those engaged by MVU, are > the exclusive personal contacts of MVU, He will therefore in perpetuity > refrain from making use of such contacts for promoting or recommending any > Other Programmes that have a resemblance to any of the AsÂpects of > Maharishi's Vedic Science. He will for instance always abstain from > encouraging individuals, who are or have been performing Activities for MVU, > to involve in Other Programmes. > Subsection 2 Furthermore he will always encourage felÂlow employees, agents, > and volunteers who are carrying out Activities for MVU to follow established > guidelines. If he notices any deviation from policies or guidelines in > force, he wilt immediately act to correct the situation first /addressing > the person whom he believes to be violatÂing the guidelines, and secondly by > alerting MVU's repreÂsentatives to this fact, if the primary approach proves > fruitless. > Article 7 - Protection of the Personal Contacts of MVU > Subsection 3 The Associate will keep records of name and/or addresses of > business contacts, course partici pants, consultation clients, customers > etc. only to the ex tent instructed by MVU; and he will do so only in a > forma and using media for storage (electronic or other) accord ing to > instruction. The Associate agrees that these file-remain the property of MVU > and to exclusively use then in connection with his Activities for MVU and > only accord ing to specific instruction. He will store such address file: > under double lock and will not make any part or whole o the address files > available to any other person or organi sation unless instructed by MVU to > do so. Nor will he ir any way copy the information contained in these files. > Subsection 4 The Associate will at any given time give MVU access to all > such files as mentioned in Subsectior 3, and at the request of MVU he will > without delay hanc over these files in their entirety to the representatives > o MVU. If for legal reasons they cannot be handed over tc MVU, the files and > all copies, if any, shall be erased in z process which allows MVU to verify > that the informatior has been completely deleted. > Article 8 - Protection of Confidential Knowledge > Subsection 1 In order to protect the knowledge of Maharishi's Vedic Science > the Associate undertakes in perpetuity to keep secret all parts of the > Confidential Knowledge and not to attempt to give it out in any form, > written, oral, electronic, or other, to any individual or orÂganisation. Nor > shall he discuss the Confidential KnowlÂedge with third parties or in any > form make copies or summaries of the Confidential Knowledge in whole or in > part without prior approval from MVU. He specifically agrees to take upon > himself this obligation with regard to Confidential Knowledge that he has > been entrusted with b/^fore as well as after the date of this Agreement, > s**reby confirming and supplementing commitments made by him in connection > with previous training and inÂstruction by MVU or its Affiliates. > Subsection 2 The Associate agrees to exclusively use the Confidential > Knowledge within the set-up of MVU or > its Affiliates, and then in absolute accord with MVU's inÂstructions in > force at the time in question and to disconÂtinue the use of the > Confidential Knowledge, if so inÂstructed. Because the unity, wholeness, and > integration between the components of Maharishi's Vedic Science are > quintessential characteristics of this science and deÂcisive for the results > that it can yield, he furthermore acÂcepts that the obligation stated in the > previous sentence shall be binding, even if parts of the said information > may be or may become available from other sources than MVU or its > Affiliates. > Subsection 3 The Associate is aware that policies and guidelines concerning > Confidential Knowledge may be subject to change over time and undertakes to > inquire with MVU, if he has any reason to believe that a certain policy > regarding Confidential Knowledge has been reÂvised. > Article 9 - Other Programmes and Activities Not Related to MVU > Subsection 1 The Associate agrees in perpetuity to abÂstain from using or > referring to any names, marks, or loÂgos that are identical with or similar > to the service names or trade marks applied now or in the future by MVU, for > any other purposes than those approved by MVU. > Subsection 2 The Associate appreciates that when he is being active for MVU, > the success of the Activities will entirely be based on the quality of the > theoretical and oractical elements in Maharishi's Vedic Science and on > the goodwill and reputation generated by the world-wide organisation of MVU > and its Affiliates over several decÂades. He agrees that from the date of > this Agreement and until seven years after the end of his last activity as > an Associate, he will not in any way support, promote, or offer any services > or products relating to Other Programmes that have a resemblance to any of > the AsÂpects of Maharishi's Vedic Science. > Subsection 3 The Associate additionally accepts in perÂpetuity to refrain > from in any way .supporting, promoting, or offering any services or products > relating to Other ProÂgrammes that have a resemblance to those Aspects of > Maharishi's Vedic Science in which the Associate will be active as indicated > in the Preamble, and in which he therefore has or will receive specific > training and experiÂence with MVU. This also applies if such involvement > does not comprise the use of Confidential Knowledge. > Subsection 4 He also agrees from the date of this Agreement and until the > date of the end of his last activity as an Associate of MVU to keep MVU > informed and up-to-date in full detail, if he for his own personal use > should start or continue to avail himself of any Other ProÂgrammes that have > a resemblance to any Aspect of Ma-harishi's Vedic Science. > Subsection 5 The Associate is aware that forever in the \iture, when > promoting services or products which are > not related to MVU or its Affiliates, any public referenc\ that he may wish > to make to his past or present cornec^ tion to MVU and/or any of its > affiliated organisations om individuals require prior written approval by > MVU: Such an approval can be revoked at any time at MVU's discreÂtion. > Subsection 6 If the Associate is officially registered as being authorised > to give prescriptions or perform treatÂments in conformity with the public > health care system, the provisions in Subsections 2 and 3 shall not prevent > him from providing his services in this regard to the exÂtent established by > law or long-standing custom on the condition that services or products > relating to Other ProÂgrammes that have a resemblance to any of the Aspects > of Maharishi's Vedic Science, as far as venue and any public relations > activity are concerned, are not promoted or offered in the same set-up as > the services or products of Maharishi's Vedic Science. > Article 10 - Material Provided by MVU for Use by the Associate > Subsection 1 The Associate recognizes that MVU has he exclusive copyrights > to all teaching and administration naterial which he will be using, be it > printed matter, hand-vritten notes, video or audio tapes, computer > pro-jrammes or files, etc. He will not copy or allow anyone ;!se to copy any > part of the material with which he is en- > usted, unless he receives written instruction by MVU to to so, and in that > case only to the extent that he is in-tructed. -- > -.;-,; > Subsection 2 He also acknowledges that all such mate-sal, as mentioned in > the previous Subsection, which he as obtained or in the future may obtain as > a participant t any of MVU's training courses or other education, in-luding > his own lecture, notes, be they hand-written or lectronically stored, remain > the property of MVU and lust be returned to MVU immediately at its request, > in-luding all copies, if any. Hence, he hereby legally as-gns to MVU all > copyrights concerning the above men-Dned lecture notes and other recording > that he may ave made in the past or shall make in the future. > ubsection 3 For use in the Activities the Associate may 3 equipped with > various printed material, audio or video ;pes, tools, instruments, > electronic apparatus, vehicles, > aching utensils, etc. in order to facilitate the Activities, ne Associate > is aware that these items remain the > operty of MVU, and as long as they are in his custody, > it is his responsibility to ensure that they are used only for the intended > purpose and do not suffer damage or get lost in any way, and that they are > stored and handled in strict accordance with specific guidelines in force. > If at his own costs he has caused equipment etc. to be produced according to > instructions by MVU, these items are subject to the provision in this > Subsection. If MVU should request the items, mentioned in the previous > sentence, to be handed over by the Associate, he may receive a comÂpensation > for the costs incurred for the production which amount shall be regulated > with a view to depreciation and what is reasonable under the circumstances. > Subsection 4 The Associate understands that if he deÂvelops any material for > use in the Activities, such material must be approved by MVU before it can > be applied. FurÂthermore he recognizes that the material remains the > property of MVU even after the termination of his ActiviÂties for MVU, and > he hereby formally transfers to MVU all copyrights to such material that he > within the set-up of MVU or its Affiliates and for use in the Activities has > deÂveloped or may develop in the future. > Subsection 5 The Associate authorizes MVU to do all it regards necessary to > effect such assignment as menÂtioned in Subsections 3 and 4 of this Article, > including but not limited to entering into a copyright assignment agreement > on his behalf. > Article 11 - Violation of the Agreement > jbsection 1 The Associate agrees that violation by him this Agreement is > likely to cause considerable intellec-al and economic damage to the > knowledge of Maha-ihi's Vedic Science and to the past and future work and > :tivity of MVU, which cannot be assessed without great 'ficulty and > inaccuracy. Hence, in case of a substantial > violation by him of this Agreement the Associate shall without prior warning > be liable to pay a fixed sum of EUR 1,500 at the request of MVU, and to > continue making such payment for every action that he performs in violaÂtion > of the Agreement and for every day such violation continues. The same > applies if the Associate violates any Hlrovision in this Agreement after > having been once in-Ktructed in writing by MVU to abstain frcm such action. > 7 Substantial violations in the sense of this Article include ' but are not > limited to all violations of: Article 3, SubsecÂtion 1, Article 4, > Subsections 3 and 4; Article 7, SubsecÂtions 1, 3, and 4; Article 8; Article > 9, Subsections 1, 2, and 3: Article 10, Subsections 1 and 2; and Article 12, > Subsection 3. > gubsection 2 The Associate accepts to be liable for ail direct damages and > to indemnify MVU with regard to any indirect claims, demands, losses, or > liabilities that may arise from a breach by him of any stipulation in this > Agreement. > Subsection 3 With the situation provided for in Article 12, Subsection 3, as > the only exception, the rules in this ArtiÂcle, Subsection 1 and 2 > respectively, constitute two alterÂnative possibilities of addressing an > infraction and cannot both be applied for the same action of violation. > Subsection 4 The Associate also accepts that MVU i addition shall be > entitled to an injunction to prevent or ir tercept a breach of the > Agreement. Such injunction she also be applicable with regard to violations > against whic the provisions in Subsection 1 are invoked, becaus monetary > compensation alone cannot be expected t provide sufficient remedy for > substantial violations as de scribed above. In case of a substantial > violation of thi Agreement MVU and its affiliates at their discretion ca< > terminate without notice whatever contract or engage ment they may have with > the Associate. > Subsection 5 Changes in policies and guidelines con cerning the Activities > or Confidential Knowledge can nc be given retroactive effect with regard to > the provision: concerning violation of the Agreement and the conse quences > thereof. > Article 12 - General Provisions > Subsection 1 This Agreement remains in force until it is terminated with the > written consent of both Parties. In case the Agreement is terminated the > provisions in ArtiÂcles 8 and 9 shall remain in force and not be subject to > termination. The Agreement can only be amended in writing and .with the > consent of .both Parties. The Parties agree that the Agreement shall be > signed in one original which shall remain in the custody of MVU, and that > the Associate shall be entitled to require one copy of the original from MVU > following the procedure outlined in Subsection 5 of this Article. > Subsection 2 This Agreement and the rights of MVU hereunder shall be > assignable in whole or in part by MVU to any successor, subsidiary, or > affiliate of MVU, and the Associate hereby beforehand agrees to such > assignation that MVU may wish to institute. The rights of the Associ-?«« > according to this Agreement cannot be assigned to ^ individual or > organisation. > Subsection 3 If the Associate wishes to carry out any of the Activities in > the set-up of a limited company, a founÂdation, an association, or any other > legal entity, be it an existing one or one established for the purpose, this > needs prior written approval by MVU regarding all details of the > arrangement. Such approval shall be conditional on the said legal entity > accepting in a legally binding writÂten statement to be fully obliged by all > stipulations in this Agreement. MVU may at any time at its discretion revoke > its approval according to this Subsection. The Associate in addition hereby > confirms that, if a set-up involving an impersonal legal entity as described > above is established, he personally shall remain fully bound by all > obligations in this Agreement with regard to all actions, dispositions, or > omissions that can in any way be considered to be the responsibility of the > legal entity. In such a case the remedies provided for by Article 11 shall > be considered to be cumulative and to be applicable in relation to the legal > entity and the Associate at the same time. > Subsection 4 In the case of his passing away or he beinc placed under legal > restraint, the Associate explicitly wishes the administration of his estate > as well as his heirs, if any, to be bound by the obligations according tc > Article 7, Subsections 3 and 4, and Article 10, SubsecÂtions 1,2, 3, and 4, > The-Associate will ensure that the obÂjects concerned can be identified > amongst his belongÂings. > Subsection 5 All communications concerning this Agreement, fricluding a > change of his address, that the Associate may wish to convey to MVU must be > sent by registered mail to the address stated on the first page of the > Agreement. Any communication concerning violation of the Agreement that MVU > may wish to impart to the AsÂsociate will be deemed to have been received by > the AsÂsociate ultimately five days after having been sent by registered > mail to the address of which the Associate has informed MVU according to the > rules in this Agreement. > Subsection 6 If the Parties have entered or in the future shall enter into > more agreements with the same title as the one of this Agreement, all these > agreements shall be considered valid and be interpreted to supplement each > other as far as the Aspects of Maharishi's Vedic Science within which the > Associate will be active, are concerned, unless one or more has specifically > been cancelled in acÂcordance with the procedure stated in Subsection 1 of > this Article. With regard to the specific provisions the most recently > signed copy of the Agreement shall be considered to have superseded the > previous ones. > Subsection 7 If the Associate and MVU or its Affiliates shall enter into one > or more written agreement that exÂplicitly states that the said agreement > within a certain geographical territory replaces this Agreement, this > Agreement shall be considered void with respect to that geographical > territory, whereas it shall be considered to > fllllv in fnrr~f» for th > Jninri norto /-if Hid > for which such specific agreements between the AssociÂate and MVU or its > Affiliates have not been set up. > Subsection 8 Titles of Articles in this Agreement ser the purpose of > providing, an overview only, and shall r influence the interpretation of the > Agreement. > Article 13 - Resolution of Disputes, Jurisdiction, and National Laws to > Govern this Agreement > Subsection 1 This Agreement shall be governed by the national laws of The > Netherlands. If a dispute under this Agreement cannot be solved by > negotiation between the Parties, then MVU or its affiliates can decide > according to its discretion to seek to settle the controversy through > arbitration in a private arrangement. In cases where MVU decides not to > refer the resolution of a dispute to an arbiÂtral tribunal as described in > Subsection 2, disputes beÂtween the Parties shall be subject to the > jurisdiction of the courts of The Netherlands. : > Subsection 2 In case arbitration is being availed of for settling a dispute > the arbitral tribunal shall be composed of three arbitrators. One of the > three arbitrators shall be > ^appointed by MVU and one by the Associate. The third > ^bitrator shall function as a chairman and be appointed by the two > afore-mentioned arbitrators together. If the two arbitrators cannot agree, > the chairman shall be appointed by a competent court under the jurisdiction > of The NethÂerlands at the choice of MVU and deciding in accordance with the > criteria stipulated in this Agreement. The Parties > .agree, that, it is essential that the arbitral tribunal is curÂrently > familiar and up to date with the theoretical and practical elements of > Maharishi's Vedic Science which is > ..the main subject of this Agreement, and that the tribunal appreciates the > fundamental purpose of the Agreement to maintain the integrity of > Maharishi's Vedic Science. Therefore the chairman must have graduated from > the Transcendental Meditation Teacher Training Course and within the > preceding nine months and before being apÂpointed arbitrator have > participated in courses, seminarsj or assemblies organized by MVU or any of > its national or international, affiliates. At least one of the arbitrators > must successfully have completed a legal training at an offiÂcially > recognized educational institution. In order to en- > ^Jre that the arbitrators are independent and impartial no person can be > appointed as an arbitrator if within the last twelve months he has had an > employment or any other similar paid engagement with MVU or any of its > affiliates. > Subsection 3 When arbitration has been chosen as the means for resolving a > dispute between the Parties they shall appoint a lawyer who is well versed > in English and currently licensed under the jurisdiction of The NetherÂlands > to function as an administrator to the arbitration process. If the Parties > cannot agree, the administrator shall be appointed by a competent court > under the jurisÂdiction of The Netherlands and chosen by MVU. > Subsection 4 The arbitration shall be carried out in EngÂlish and all > hearings must take place in the Netherlands at a venue chosen by MVU and > acceptable for the purÂpose according to Maharishi Sthapatya Veda. The > arbitral hearings shall not be open to the public or to the media. All > arbitrators and any other person who in the course of the arbitration > procedure will have access to anv informa- > tion concerning the reality or the formality of the case hand shall be > required to confirm in writing that they v in perpetuity keep such > information secret and not < vulge it to any individual or organisation. All > cornmunic tion in writing and all exchange of documents relevant f the > arbitral proceedings shall take place via the admini trator, who shall keep > a copy of all such written materi pertaining to the arbitration. The Parties > agree that i award by an arbitral tribunal shall be enforceable by lea^ of > court according to the same principles as would be tt case for a judgement > issued by a court as laid out Subsection 6. The arbitration award shall be > issued writing in six copies one of which shall be submitted the district > court within whose jurisdiction the arbitratic has taken place. > Subsection 5 For the process of private arbitration, d< scribed in this > article, the provisions in this Article shall t supplemented by the > principles laid out in the followir articles and paragraphs in the > Arbitration Rules of Net! eriands Arbitration institute, in force as of 1 > Januai 1993, and with the practical adjustments that the contei of this > Agreement would-necessitate: 1, 3, 4(1), 5, 6( and 6), 7(1. 3, 4, and 5), 8, > 9(3, 4, and 6), 10, 11, 13(3 15, 16(1, 3, and 4), 17, 18, 19, 2.0, 21, 23, > 24, 25, 26, 2' 28, 29, 30, 31, 32, 33, 34, 36, 37, 38, 3S, 42, 43, 44, 4i > 48(1, 2, and 3), 49, 50(1 and 2), 51, 52, 53, 54, 56, 51. 59(1,2,3,4,5, and > 6), 60, 61, 62, 63, 64. and 65. > Subsection 6 In case MVU chooses not to settle a di; pute by means of > arbitration, such dispute shall be sut mitted to the decision of a court in > The Netherlands. If judgement by a Dutch court would not be fully enforce > able in the country where an infraction of the Agreemer is taking place or > has taken place, or in the countr where the Associate is resident, MVU may > at its discre tion choose to bring in a case for the relevant court in on or > both of those countries. If a legal venue is chose outside The Netherlands, > MVU is free to decide whethe the Agreement shall be considered to be > governed by th. national laws of The Netherlands, or whether local law can > be applied by the court in the evaluation of thi Agreement. Unless the > competent court shall otherwisi dismiss the case, the stipulation in the > previous sentenci shall not inflict an altogether more onerous situation oi > the Associate than if the case was evaluated according t< Dutch law. :::.^v > '-' .;: - > Subsection 7 No waiver of, acquiescence in, or consen to any breach or > default.under this Agreement shall b< deemed a waiver of, acquiescence in or > consent to an; other breach or default occurring at any time. If any par of > this Agreement shall be ruled by the competent court according to Subsection > 6 of this Article, to be void or un enforceable the remaining part of the > Agreement shal remain in force and be interpreted in accordance with the it > of the Agreement, and both Parties shall co-operate ;ubstituting the void > provision with one as close as stole in content to the one that has proved > unenforce-;. In case the competent court shall find that a provi- > sion, in this Agreement cannot be upheld for the full peÂriod of time > stipulated, trie court shall be at liberty to deÂcide on a shorter time > period which shad be as iong as possible. > :n though this Agreement may be written in another language than his native > tongue, the Associate confirms with his jsture that he has fully understood > its content, including the technical terms in Sanskrit, that all his > questions con-ting the Agreement have been answered to his satisfaction, > that he has availed himself of independent legal advice he extent that he > has deemed necessary, and that he intends to be morally and legally pound by > tine Agreement j Agreement has been signed by both Parties, and each page of > the original Agreement and of the official transla-, tf any, marked fay the > Associate with his initials. The Associate specifically confirms that he > agrees to being bound tie stipulations in ArtMe 7. Subsection 1, Article 9. > Subsections 2 and 3, and Article 11, Subsections 1 and 2, and : he accepts > the stipulations concerning jurisdiction and national laws governing the > Agreement in Article 13 without reservations. > ;ociate: > E of signature:...... J <2..r...9.3..'....Q..S. > nature:. > \ > For MR -MVU: > Place: > Date of signature: > Signature: .....â¥../ > / O/ > Name in printing: > rification by two witnesses qt a notary (depending on instruction by MVU) > concerning the Associate with re~ rd to his identity and the place, date, > and authenticity of his signature, and, in the case of witnesses, > verifi-fion that the signing procedure has been carried out as indicated in > the addendum above: > itness A: > gnature: > amein block letters: > Jdress: > Witness B: > Signature: > Name in block .etters: > Address: .'J.__J. ------------------------ Yahoo! Groups Sponsor --------------------~--> Get fast access to your favorite Yahoo! Groups. 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