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Agreement officially declared void, unenforceable, or against public policy, shall be ignored and the remaining <br /> provisions shall be interpreted, as far as possible, to give effect to the Parties' intent. All provisions that by their <br /> nature would be expected to survive, shall survive termination. <br /> 19.9 Modifications. DoIT may have the need to to modify the service or business aspects of this <br /> Agreement from time to time due to changes in service or availability, and reserves the right to do so. <br /> DoIT shall provide 30 days prior written notice to Customer of any modification adopted by DoIT. DoIT will <br /> not change any legal terms and conditions in this agreement without the prior approval of Customer. <br /> 19.10 Assignability. Customer may not assign this Agreement or any of its obligations, duties or <br /> burdens arising hereunder, without DoIT's consent, which consent shall not be unreasonably withheld. A <br /> transfer or assignment in violation of this Section 19.11 shall constitute a material breach of this <br /> Agreement. Nothing in this section shall be construed to restrict the sale of telecommunications circuits or <br /> capacity. DoIT will not assign this Agreement, in whole or in part, to a private entity without the prior <br /> written consent of Customer. Such consent on the part of Customer shall not be unreasonably withheld. <br /> 19.11 Remedies. The rights and remedies of DoIT hereunder shall not be mutually exclusive; i.e., the <br /> exercise of one (1) or more of the provisions hereof shall not preclude the exercise of any other provision <br /> hereof. Customer acknowledges, confirms and agrees that damages may be inadequate for a breach or a <br /> threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision <br /> hereof, the respective rights and obligations hereunder shall be enforceable by specific performance, <br /> injunction or other equitable remedy. Nothing contained in this Agreement shall limit or affect any rights <br /> at law or by statute or otherwise for a breach or threatened breach of any provision hereof, it being the <br /> intent of this provision to clarify that the respective rights and obligations of the Parties shall be <br /> enforceable in equity as well as at law or otherwise. <br /> 19.12 Entire Agreement. This Agreement, the Service Level Agreement and all applicable Service <br /> Orders consists of all the terms and conditions contained herein which articulate the full and complete <br /> understanding of the Parties pertaining to the subject matter of this Agreement. This Agreement <br /> supersedes any prior or subsequent understandings, proposals, representations, discussions, and/or <br /> agreements (oral or written), absent a specific reference therein superseding this Agreement. <br /> 19.13 Headings. The section headings in this Agreement are inserted as a matter of convenience and <br /> in no way define, limit, or describe the scope of extent of such section, or affect the interpretation of this <br /> Agreement <br /> 19.14 No Third Party Rights. This agreement is made only between the Parties hereof and shall not <br /> establish rights in any third party as a third party beneficiary or otherwise. <br /> 19.15 Counterparts/Facsimile Signatures. This MSA may be executed in two or more counterparts, <br /> each of which shall be deemed an original, but all of which together shall constitute one and the same <br /> instrument. This MSA may be delivered by facsimile transmission and facsimile signatures shall be <br /> treated as original signatures for all applicable purposes. <br /> 10 <br />