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Terms
b. Severability: Each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. The invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any other provision hereof. Any invalid or unenforceable provision shall be deemed severed from this Agreement and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular provisions(s) held to be invalid or unenforceable. c. Waiver: The waiver of a breach of this Agreement or the failure of a Party to exercise any right under this Agreement shall in no event constitute a waiver as to any other breach, whether similar or dissimilar or prevent the exercise of any right under this Agreement. d. Force Majeure: Neither Party shall be responsible for any failure to perform, or delay in performing any of its obligations under this Agreement, where and to the extent that such a failure or delay results from causes outside the control of such Party. Such causes shall include, without limitation, delays caused by the other party, acts of God or the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like. e. Headings: Section headings in this Agreement are merely for the convenience of the Parties and should not be construed as having any special meaning or importance. f. Survival: All provisions of this Agreement, which by their terms or nature are intended to survive expiration or termination of this Agreement shall survive indefinitely. g. Entire Agreement: This Agreement supersedes all prior oral or written representations, communications, or agreements between the Parties, and, together with the Schedules hereto, constitutes the final and entire understanding of the Parties regarding the subject matter of this Agreement. Neither Party has relied on any such prior oral or written representations, communications, or agreements. h. Governing Law and Disputes: It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Agreement and any disputes arising therefrom will be resolved through Arbitration. If the parties get involved in a dispute in any manner, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Service Provider and the award passed by such sole arbitrator will be valid and binding on both Parties. The arbitrator’s award shall determine the Party that shall be liable to bear the cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Bangalore, Karnataka, India. The Parties expressly agree that the Agreement shall be governed by the laws, rules and regulations of India and that the Courts at Bangalore, Karnataka, India shall have exclusive jurisdiction over any disputes arising between the Parties. i. Amendments: This Agreement may be amended/modified with the mutual consent of both Parties, by executing a fresh agreement containing such amendments/modifications, or by one Party communicating the need for an amendment/modification in writing, and the other Party accepting the said proposal and communicating its consent to the same in writing. j. Execution: This Agreement may be executed by the Parties on any number of separate counterparts. All of such counterparts taken together shall be deemed to constitute the same instrument and shall have the same force and effect as if an original. IN WITNESS WHEREOF, each of the undersigned has duly executed this Agreement (or caused this Service Level Agreement to be executed on its behalf by its representative thereunto duly authorized).
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