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16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor <br /> and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the <br /> Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA <br /> shall have the right nor the authority to assume, create or incur any liability or obligation of any <br /> kind, express or implied, against or in the name of or on behalf of the other. <br /> 17. NOTICE. Except as provided in section 2 regarding notices of or modifications <br /> to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber <br /> hereunder shall be deemed to have been received when personally delivered in writing or <br /> seventy -two (72) hours after it has been deposited in the United States mail, first class, proper <br /> postage prepaid, addressed to the party to whom it is intended at the address set forth on page <br /> one of this Agreement or at such other address of which notice has been given in accordance <br /> 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 <br /> m equity, or to exercise any option herein provided, shall not constitute a waiver of such <br /> provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The <br /> waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply <br /> solely to the instance to which such waiver is directed. <br /> 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for <br /> failure or delay in the performance of their respective obligations hereunder caused by acts <br /> beyond their 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 <br /> of the Parties hereto and their respective successors and assigns, including any other legal entity <br /> into, 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 <br /> federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and <br /> submits 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 <br /> 9 <br /> 40 <br />