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2024-08-14 CC Packet
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2024-08-14 CC Packet
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16.ENTIRE AGREEMENT; MODIFICATIONS <br />This Agreement, along with any SOW executed and incorporated herein by reference, <br />contains the entire understanding and agreement between the Parties relating to the Services or the <br />subject matter hereof, and supersedes all prior and collateral understandings, and agreements, if <br />any, between the Parties (in any form, including written or oral). Each Party acknowledges and <br />agrees that no representations, inducements, promises, understandings or agreements, orally or <br />otherwise, have been made by either Party, or anyone acting on behalf of either Party, that is not <br />contained in this Agreement, and that no other representation, inducement, promise, understanding <br />or agreement not contained in this Agreement or subsequent SOW executed under this Agreement <br />will be valid or binding. This Agreement is not subject to change or modification except by written <br />agreementsigned by the Parties. <br />17.GOVERNING LAW <br />17.1GoverningLaw. This Agreement shall be governed by and interpreted in <br />accordance with the laws of the State of Florida and the laws applicable therein, without reference <br />to its principles of conflict of laws. All controversies or disputes arising out of this Agreement <br />shall be heard in either the State of Florida courts residing in Palm Beach County, Florida or the <br />U. S. District Court for the Southern District of Florida. <br />17.2Dispute Resolution. Except for the right of either Party to apply to a court of <br />competent jurisdiction for a temporary restraining order, a preliminary injunction, or other <br />equitable relief to preserve the status quo or prevent irreparable harm, all disputes, controversies <br />or claims bet ween the Parties arising under or in relation to this Agreement (a ÐDisputeÑ) shall be <br />settled, to the extent possible, by good faith negotiations within thirty (30) calendar days following <br />a request by either Party for resolution of a Dispute. <br />18.PUBLICITY <br />Any publicity or advertising in connection with the subject matter of this Agreement or <br />executed SOW proposed by a Party shall be subject to the prior written approval of the other <br />Parties, as applicable. <br />19.FORCE MAJEURE <br />No failure or omission by the Parties in the performance of any obligation of this <br />Agreement will be deemed a breach of this Agreement or create any liability if the same arises <br />from any cause or causes beyond the control of the Parties, including, but notlimited to, the <br />following: acts of God; acts or omissions of any government; any rules, regulations or orders issued <br />by any governmental authority or by any officer, department, agency or instrumentality thereof; <br />fire; flood; storm; earthquake; accident; war; rebellion; insurrection; riot; and invasion (ÐForce <br />Majeure EventÑ). The affected Party shall notify the other Parties of such Force Majeure Event as <br />soon as reasonably practical, and shall promptly undertake all reasonable efforts necessary to cure <br />such event. If the period of nonperformance due to a Force Majeure Event exceeds three (3) <br />calendar days from receipt of the notice of the Force Majeure Event, then the non-affected Parties <br />may terminate this Agreement immediately upon written notice to the affected Party. <br /> /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ <br />tğŭĻЊЋ <br />www.areteir.com <br /> <br />
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