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03-13-23-R
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03-13-23-R
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hereunder shall be deemed to have been received when personally delivered in writing or seventy- <br />two (72) hours after it has been deposited in the United States mail, first class, proper postage <br />prepaid, addressed to the party to whom it is intended at the address set forth on page one of this <br />Agreement or at such other address of which notice has been given in accordance herewith. <br />18. NON -WAIVER. The failure by any party at any time to enforce any of the <br />provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in <br />equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, <br />remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of <br />any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the <br />instance to which such waiver is directed. <br />19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure <br />or delay in the performance of their respective obligations hereunder caused by acts beyond their <br />reasonable control. <br />20. SEVERABILITY. Every provision of this Subscriber Amendment shall be <br />construed, to the extent possible, so as to be valid and enforceable. If any provision of this <br />Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, <br />illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber <br />Amendment, and all other provisions shall remain in full force and effect. <br />21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly <br />permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this <br />Subscriber Amendment or any of its rights or obligations hereunder without the prior written <br />consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of <br />the Parties hereto and their respective successors and assigns, including any other legal entity into, <br />by or with which Subscriber may be merged, acquired or consolidated. <br />22. GOVERNING LAW. This Subscriber Amendment shall in all respects be <br />governed by and interpreted, construed and enforced in accordance with the laws of the United <br />States and of the State of Minnesota. <br />23. VENUE AND JURISDICTION. Any action arising out of or relating to this <br />Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal <br />court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits <br />itself to the personal jurisdiction of said courts for that purpose. <br />24. INTEGRATION. This Subscriber Amendment contains all negotiations and <br />agreements between the parties. No other understanding regarding this Subscriber Amendment, <br />whether written or oral, may be used to bind either party, provided that all terms and conditions of <br />the CJDN Subscriber Agreement and all previous amendments remain in full force and effect <br />except as supplemented or modified by this Subscriber Amendment. <br />IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this <br />Subscriber Amendment in duplicate, intending to be bound thereby. <br />W <br />
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