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privacy, failure to meet any duty (including of good faith or of reasonable care), <br />negligence, and any other pecuniary or other loss whatsoever) arising out of or in any <br />way related to the use of or inability to use the product or support services, the provision <br />of or failure to provide support services, or otherwise under or in connection with any <br />provision of this agreement, even in the event of the fault, tort (including negligence), <br />strict liability, breach of contract, and even if Certive or any supplier has been advised of <br />the possibility of such damages. <br />12. GENERAL <br />If any provision of this Agreement is held to be unenforceable, the enforceability of the <br />remaining provisions shall in no way be affected or impaired thereby. This Agreement and any <br />disputes arising hereunder shall be governed by the laws of State of . A failure by <br />any party to exercise or any delay in exercising a right or power conferred upon it in this <br />Agreement shall not operate as a waiver of any such right or power. <br />The parties represent and warrant that, on start of service Term, they are authorized to enter <br />into this Agreement in its entirety and duly bind their respective principals by their use of the <br />SaaS provided by Certive. <br />6 1 P a g e <br />Certive Solutions Inc. 1480.922.5327 17373 E. Doubletree Ranch Road 1 Suite 210 1 Scottsdale AZ 185258 <br />