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  1. WHITE reserves title in deliveries or work results until the complete payment, vis-à-vis merchants (Kaufleuten) until the complete payment of any and all claims from the business relationship. Should any copyrights or other usage rights/licenses be withing the scope of services, the grant or transfer of such rights shall be subject to payment of all claims from the business relationship.

  2. The client shall be entitled to resale, pledge and transfer by way of security, lease or transportation of goods subject to this retention of title clause abroad only after previous written approval by WHITE. If it is part of the buyer’s ordinary course of business to resell the goods to third persons, the buyer shall be, by way of an exception, entitle to resell the delivered goods in the ordinary course of business.

  3. The client hereby assigns and transfers to WHITE any and all claims and accounts receivable for remuneration (e.g. arising from tortuous activity, insurance claims) already now in the amount of the invoice of the goods subject to this retention of title-clause.

  4. In the event of third parties acceding to the goods subject to this retention of title-clause, the client is obliged to indicate WHITE’s title and communicate such fact to WHITE in writing immediately. Insofar as the third party is unable to reimburse the cost of a legal proceeding pursuant to Section 771 of the German Civil Procedure Code (ZPO), the client shall be liable for any shortfall.

  5. If the client is in default with payment, WHITE shall be entitled, after unsuccessful appointment of a deadline, to withdraw from the contract. In this event, WHITE is entitled to pick the goods subject to this retention of title-clause and to enter the premises where the goods are kept or in use. The client waives the rights which would arise from the writ of unlawful interference with the possession of another and affords WHITE access to the premises where the goods subject to this retention of title-clause are located. Any distrait of the goods by WHITE shall constitute a withdrawal from the contract.

WHITE Communications GmbH Innsbrucker Ring 15 
81673 München

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100 Park Avenue | New York City 
New York | 10017

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