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PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
<br />CUSTOMER EXPRESSLY WANES ANY AND ALL RIGHT TO ANY JURY IN
<br />ANY SUCH ACTION OR PROCEEDING.
<br />(c) Attorney Fees. In any legal action or proceeding arising out of or relating
<br />to this Agreement, the prevailing party shall be entitled to recover its costs, expenses, and
<br />reasonable attorney fees.
<br />(d) Force Majeure. Company will not be responsible or liable to Customer,
<br />deemed in default or breach hereunder, or subject to any claim for any damages or loss
<br />by reason of any failure or delay in the performance of its obligations hereunder where
<br />such failure or delay is caused by or due to strikes, labor disputes, civil disturbances, riot,
<br />rebellion, invasion, epidemic, pandemic, hostilities, war, terrorist attack, the public
<br />enemy, embargo, natural disaster, acts of God, flood, fire, severe weather, sabotage,
<br />outages or interruptions in the availability of electrical power, heat, light, air
<br />conditioning, Internet, or Customer equipment, loss and destruction of property,
<br />expropriation or confiscation of facilities, or any other circumstances or causes beyond
<br />Company's reasonable control.
<br />(e) Notices. All notices, requests, consents, claims, demands, waivers, and
<br />other communications hereunder shall be in writing and shall be deemed to have been
<br />given: (i) when delivered by hand (with written confirmation of receipt); (it) when
<br />received by the addressee if sent by a nationally recognized overnight courier (receipt
<br />requested); (iii) on the date sent by email (with confirmation of transmission) if sent
<br />during normal business hours of the recipient, and on the next business day if sent after
<br />normal business hours of the recipient; or (iv) on the third day after the date mailed, by
<br />certified or registered mail, return receipt requested, postage prepaid. Such
<br />communications must be sent to the respective parties at the addresses set forth on the
<br />Purchase Order.
<br />(f) Entire Agreement. This Agreement (which includes the Purchase Order)
<br />constitutes the sole and entire agreement between Customer and Company with respect to
<br />the subject matter contained herein, and supersedes all prior and contemporaneous
<br />understandings, agreements, representations, and warranties, both written and oral, with
<br />respect to such subject matter.
<br />(g) No Assignment. Customer shall not assign or otherwise transfer any of its
<br />rights, or delegate or otherwise transfer any of its obligations or performance, under this
<br />Agreement, in each case whether voluntarily, involuntarily, by operation of law, or
<br />otherwise, without Company's prior written consent, which consent Company may give
<br />or withhold in its sole discretion. For purposes of the preceding sentence, and without
<br />limiting its generality, any merger, consolidation, or reorganization involving Customer
<br />(regardless of whether Customer is a surviving or disappearing entity) will be deemed to
<br />be a transfer of rights, obligations, or performance under this Agreement for which
<br />Company's prior written consent is required. No delegation or other transfer will relieve
<br />Customer of any of its obligations or performance under this Agreement. Any purported
<br />assignment, delegation, or transfer in violation of this paragraph is void. Company may
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