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� 10.2� Trademarks. Each party agrees not to display or use, in advertising or otherwise, any of the other party's trade
<br /> names, logos, trademarks, service marks, or other indicia of origin without the other party's prior written consent, which
<br /> consent may be revoked at any time by notice.
<br /> 10.3 Force Majeure. Except for payment of amounts due, neither party will be liable for any delay, failure in perFormance,
<br /> loss or damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of
<br /> civil or military authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of
<br /> regulatory or governmental agencies,or other causes beyond such party's reasonable control.
<br /> 10.4 Amendments and Waivers.Any supplement to or modification or waiver of any provision of this Agreement must be
<br /> in writing and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement
<br /> will not operate as a waiver of any other breach of this Agreement.
<br /> 10.5 Assignment and Subcontracting.
<br /> (a) This Agreement may not be assigned by either party without the prior written consent of the other party (which
<br /> consent will not be unreasonably withheld or delayed). Customer may, without AT&T's consent, but upon notice to
<br /> AT&T, assign in whole or relevant part, its rights and obligations under this Agreement to an Affiliate, but Customer
<br /> will remain financially responsible for the performance of such obligations. AT&T may, without Customer's consent,
<br /> assign in whole or relevant part, its rights and obligations under this Agreement to an Affiliate, or subcontract to an
<br /> Affiliate or a third party work to be performed under this Agreement, but AT&T will in each such case remain
<br /> financially responsible for the performance of such obligations.
<br /> (b) In countries where AT&T does not have an Affiliate to provide Service, AT&T may assign its rights and obligations
<br /> related to a Service to a local service provider, but AT&T will remain responsible to Customer for such obligations. In
<br /> certain countries, Customer may be required to contract directly with the local service provider.
<br /> (c) Any assignment other than as permitted by this Section 10.5 is void.
<br /> 10.6 Severability. If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section
<br /> 10.10 (Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in
<br /> effect and the parties will negotiate in good faith to substitute for such invalid, illegal, or unenforceable provision a mutually
<br /> acceptable provision consistent with the original intention of the parties.
<br /> 10.7 Injunctive Relief. Nothing in this Agreement is intended, or should be construed, to limit a party's right to seek
<br /> preliminary or permanent injunctive relief from a court of competent jurisdiction for a breach of any provision of this Agreement.
<br /> 10.8 Legal Action. Any legal action arising in connection with this Agreement must be filed within 2 years after the cause
<br /> of action accrues or it will be deemed time-barred and waived. The parties waive any statute of limitations to the contrary.
<br /> 10.9 Notices. All notices required under this Agreement will be delivered in writing to the recipient's contact designated on
<br /> the cover page of this Master Agreement, or to such other contact as designated in writing from time to time. Notices shall be
<br /> by internationally recognized overnight courier, certified or registered mail, email, or facsimile and will be effective upon receipt
<br /> or when delivery is refused,whichever occurs sooner.
<br /> 10.10 Governing Law. This Agreement will be governed by the law of the State of New York, without regard to its conflict
<br /> of law principles, unless a regulatory agency with jurisdiction over the applicable Service applies a different law. The United
<br /> Nations Convention on Contracts for International Sale of Goods will not apply.
<br /> 10.11 Compliance with Laws. Each party will comply with all applicable laws, regulations, and orders issued by courts or
<br /> other governmental bodies of competent jurisdiction.
<br /> 10.12 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and AT&T, and does not provide any
<br /> third party (including Users) the right to enforce or bring an action for any remedy, claim, liability, reimbursement, cause of
<br /> action, or other right or privilege.
<br /> 10.13 Survival. The respective obligations of Customer and AT&T that by their nature would continue beyond the
<br /> termination or expiration of this Agreement, including without limitation, the obligations set forth in Section 5 (Confidential
<br /> Information), Section 6 (Disclaimers and Limitations of Liability), and Section 7 (Third Party Claims),will survive termination or
<br /> expiration.
<br /> 10.14 Agreement Language. The authentic language of this Agreement is English. If there is a conflict between this
<br /> Agreement and any translation,the English version will take precedence.
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