14. liability
14.1 c or new company shall be under no responsibility or liability to compensate any damages except direct damages incurred due to material breach of its obligations under this agreement.
14.2 in circumstance provided above in clause 14.1 c or new company shall, at its sole option and discretion, be entitled to transfer to b all or part of c or new company's proprietary rights and ownership of the infrastructure project, under construction or after completion date, as liquidated damages, in lieu of computing and compensating the actual damages provided that such transfer shall be conducted of c's own free will or rendered in the arbitration award as stipulated in clause 23. however, any transfer shall be subject to the confirmation and approval of the people's insurance company of china and the lending bank.
in above case, c or new company's liability to b shall be limited to transfer of the proprietary right and ownership of the infrastructure project and b's claim against c or new company demanding the damages shall be extinguished and nullified.
15. documents and patents
15.1 nothing contained in this agreement shall be construed as transferring any patent or copyright in equipment covered by the agreement and all such rights are hereby expressly reserved to the true and lawful owners thereof. c or new company shall retain all rights with respect to the specifications, plans, drawings and other documents and b undertakes not to disclose the same or divulge any information contained therein to any third country without the prior written consent of c or new company.
15.2 all commercial and technical documents such as agreements and proposals pertinent to the project shall be kept confidential. b undertakes not to disclose the same or divulge any information contained therein to any third country or party without prior written consent of c or new company.
16. force majeure
16.1 no failure or omission to carry out or observe any or the terms, provisions or conditions of this agreement shall be deemed to be breach of this agreement if the same is caused by or arises out of acts of god or any conditions of similar nature beyond reasonable control of c or new company, including, but not limited to, the following:
a. war, hostilities (whether war be declared or not), invasion, act of foreign enemies;
b. rebellion, revolution, insurrection, or military or usurped power, or civil war;
c. ionizing radiation, or contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;