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disclosure of the Deposit would subject Provider, its affiliated companies, employees, <br />customers and/or suppliers, to substantial harm. <br />9. ASSIGNMENT. <br />(a) No party hereto shall assign this Agreement or any rights or obligations <br />hereunder without the prior written consent of the other party and any attempt to assign or <br />transfer without such prior written consent shall be void. Consent to any single assignment <br />or transfer shall not constitute consent to any further assignment or transfer. <br />(b) This Agreement shall be binding upon and inure to the benefit of the parties, <br />their respective successors and assigns. <br />10. NOTICES. <br />All notices shall be in writing and deemed given and received when made in <br />accordance with the notice provisions set forth in the Software License Agreement. <br />11. GOVERNING LAW. <br />This Agreement shall be construed and enforced according to the laws of the State of <br />North Carolina. <br />12. MODIFICATION, AMENDMENT, SUPPLEMENT OR WAIVER. <br />No modification, amendment, supplement to or waiver of this Agreement or any of <br />its provision shall be binding upon the parties hereto unless made in writing and duly signed <br />by the parties to this Agreement. A failure or delay of either party to this Agreement or to <br />enforce at any time any of the provisions of this Agreement or to require at any time <br />performance of any of the provisions hereof shall in no way be construed to be a waiver of <br />such provisions of this Agreement. A waiver by either party of any of the terms and <br />conditions of this Agreement in any one instance shall not be deemed a waiver of such terms <br />or conditions in the future or of any subsequent breach thereof. <br />13. ENTIRETY OF AGREEMENT. <br />R <br />