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14.2 WSP acknowledges that it must maintain the a�ailability of personnel who are trained on WaveRider Products and appropriate test equipment to ensure the proper installation and support of the WaveRider Products. WaveRider will make a�ailable to WSP a then current list of WaveRider recommended test equipment. 15. PROPRIETARY RIGHTS IN DATA 15.1 Products shipped hereunder may include instruction and operations manuals. These instructions and manuals are proprietary in nature and will be so marked. WSP agrees to abide by the terms of such markings and to be liable for all loss or damage incurred by WaveRider as a result of the improper or unauthorized use of such data caused by WSP's negligent acts or omissions. WaveRider retains for itself all proprietary rights in and to all designs, engineering details and other data pertaining to Products specified in this Agreement and to any and all Products developed by WaveRider as a result thereof, including the sole right to manufacture any and all such Products. 16. EXCUSABLE DELAYS 161 WaveRider shall not be liable to WSP or WSP's customers for any loss, damage or penalty for delay in delivery or for failure to give notice of delay when such delay is due to causes beyond the reasonable control of WaveRider. The time for performance hereunder shall be extended by a period of time equal to the time lost because of any such delay. 17. RELATIONSHIP OF THE PARTIES 17.1 WSP acknowledges that both parties hereto are independent contractors. WSP shall in no way represent itself nor permit any pariy acting on its behalf to represent itself as a partner, joint venture, agent, employee or general representative of WaveRider. WSP acknowledges that its only authorized representation to third parties is to identify itself as a WaveRider Communications Inc. Authorized WSP. 17.2 WSP agrees to indemnify and hold WaveRider harmless from any and all claims, damages and expenses of every kind and nature, including reasonable attorney's fees, arising from acts of commission or omission by WSP or any pariy acting on its behalf in relation to Products sold by WSP under this Agreement. 18. ASSIGNMENT 18.1 This Agreement is personal to the WSP, and neither the Agreement nor any part thereof may be transferred or assigned by the WSP without the prior written consent of WaveRider, provided however that the WSP may assign its rights, duties and liabilities pursuant to this Agreement to a wholly owned subsidiary of the WSP without the prior written consent of WaveRider. In the event of such an assignment to a subsidiary of the WSP, the WSP itself shall nonetheless remain fully and jointly and severally liable along with the assignee to WaveRider regarding all duties, liabilities and responsibilities of the WSP pursuant to this Agreement. Except as specifically stated herein, WaveRider shall not be deemed to be obligated to consent to any assignment 90115 'j