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indirectly related to, or is caused by any act or omission of Customer, then, and in such event, Customer
<br />shall indemnify, defend and hold harmless Ednetics and its officers, agents and representatives of and from
<br />any and all such claims, demands, causes of actions and liability, including the payment of reasonable
<br />attorneys' fees to defend such action. Additionally, Customer shall reimburse Ednetics for damage to
<br />Ednetics communications facilities including those due to any malfunction of any facilities or equipment
<br />provided by an entity other than Ednetics.
<br />20.Warranties.EDNETICS DOES NOT WARRANT UNINTERRUPTED OPERATION OF THE SERVICE(S) AND
<br />SPECIFICALLYDISCLAIMSANYOTHERWARRANTIESNOTMADEINTHISAGREEMENT,EITHEREXPRESSEDOR
<br />IMPLIED, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR PARTICULAR
<br />PURPOSE. EDNETICS DOES NOT WARRANT AND DOES NOT ASSUME ANY LIABILITY FOR ANY
<br />CONSEQUENCES SUFFERED BY ANY PERSON AS A RESULT OF OBTAINING INTERNET ACCESS INCLUDING,
<br />WITHOUT LIMITATION, DAMAGES ARISING FROM INTERNET CONTENT OR FROM COMPUTER VIRUSES.
<br />21.Safeguarding Customer Proprietary Network Information.Ednetics considers Customer Proprietary
<br />Network Information (“CPNI”) as confidential. Ednetics will not share information specific to our Customers
<br />and/ortheirnetworkwithanyoneotherthantheauthorizedrepresentative(s)ofCustomerunlessCustomer
<br />sends written authorization to their Ednetics account manager. Such Letter of Authorization (LOA) must be
<br />signed by Customer's authorized representative stating the information Ednetics is to provide and to what
<br />party and/or company Ednetics is to disclose the information to upon request. This procedure extends
<br />during the term of the contract and will continue after the contract expires.
<br />22.Transfer and Assignment.Customer may not sell, assign or transfer any of Customers rights or obligations
<br />under this Agreement without Ednetics prior written consent. Ednetics may assign this Agreement upon
<br />notice to Customer.
<br />23.Force Majeure.Any delay, interruption or nonperformance of any provision of this Agreement on the part
<br />of Ednetics caused by conditions beyond Ednetics reasonable control shall not constitute a breach of this
<br />Agreement and the time for performance of such provision shall be deemed to extend for a period equal to
<br />the duration of the conditions preventing performance. Such examples include, but are not limited to, acts
<br />of God, acts of civil or military authority, terrorist acts, riots, insurrections, epidemics, power blackouts, fire,
<br />explosion, vandalism, cable cut, adverse weather conditions, earthquakes, nuclear accidents, floods,
<br />governmental action, moratoriums or injunctions related to the construction and shortage of labor and
<br />materials (collectively a Force Majeure Event).
<br />24.Governing Law and Venue.This Agreement shall be construed and governed in accordance with the laws
<br />of the state Customer is located in and venue for any actions arising under this Agreement shall be in the
<br />courts of county jurisdiction or the state Customer is located in, as appropriate.
<br />25.Non-Disclosure and Publicity.Customer shall not disclose to any third party the terms and conditions of
<br />this Agreement without the prior written consent of Ednetics, except as required by law.
<br />26.Entire Agreement.This Agreement is the complete agreement between the Parties, concerning any
<br />telecommunications and/or Internet Service(s) provided by Ednetics hereunder, and replaces any prior oral
<br />or written communications between the Parties. Except for prior obligations of confidentiality and/or
<br />nondisclosure, there are no conditions, understandings, agreements, representations, or warranties,
<br />expressed or implied, which are not specified in this Agreement.
<br />27.Addition/Modification.This Agreement and all attachments may only be modified, amended or waived
<br />through an amendment signed by an authorized employee of each Party.
<br />28.Severability.In the event that any of the terms of this Agreement, which includes all attachments, or the
<br />applications of any such term shall be invalid by any court of any competent jurisdiction, the remaining
<br />terms of this Agreement or their application shall not be affected thereby and shall remain in full force and
<br />effect.
<br />29.Counterparts.This Agreement may be executed in any number of counterparts, each of which shall be an
<br />original, but all of which together shall constitute an Agreement. Facsimile signatures and electronic
<br />signatures (including electronically transmitted signed documents) shall be accepted and treated the same
<br />as an original.
<br />30.Notices.All notices, requests, demands or other communications which are required or may be given
<br />pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been duly given (i)
<br />on the date of delivery if personally delivered by hand, (ii) upon the third day after such notice is (a)
<br />deposited in the United States mail, if mailed by registered or certified mail, postage prepaid, return receipt
<br />requested, or (b) upon the first business day following deposit if sent by overnight delivery by a nationally
<br />recognized overnight express courier, or (iii) by facsimile upon written confirmation (other than the
<br />automatic confirmation that is received from the recipient's facsimile machine) of receipt by the recipient of
<br />such notice.
<br />Ednetics Inc. 888-809-4709 | EV-WAKITT-19022018-1A 8
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