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DocuSign Envelope ID: 79E3BFD4-30BE-4A79-9674-5A78DD593240 <br /> EXHIBIT 1 16 <br /> 'i <br /> Each of the Parties shall use at least those precautions to protect such information and other <br /> property that it uses to protect its own information and other property, in no event less than those <br /> precautions generally required by industry standards. <br /> Client shall not use any Simpleview Materials to compete with Simpleview or in any way that <br /> would diminish Simpleview's rights therein. <br /> 11. Miscellaneous <br /> 11.1 Entire Agreement <br /> This Agreement and attached Exhibits constitute the entire agreement between Client and <br /> Simpleview with respect to the subject matter hereof and there are no representations, understandings <br /> or agreements which are not fully expressed in this Agreement. No amendment, change, waiver, or <br /> discharge hereof shall be valid unless in writing and signed by the party against which such amendment, <br /> change, waiver, or discharge is sought to be enforced. <br /> 11.2 Governing Law <br /> This Agreement shall be construed in accordance with the laws of the State of Arizona. Exclusive <br /> jurisdiction shall rest in Arizona, with venue in Tucson, Arizona for any dispute concerning <br /> interpretation, breach of or enforcement of this Agreement. <br /> 11.3 Independent Contractors <br /> The Parties agree that Simpleview and its personnel, in performance of this Agreement, are acting <br /> as independent contractors and that this Agreement shall not create any agency between the Parties. <br /> 11.4 Alternative Dispute Resolution <br /> In the event of any dispute or claim arising under or related to this Agreement, the parties shall <br /> use their best efforts to settle such dispute or clairn through good faith negotiations with each other. If <br /> such dispute or claim is not settled through negotiations within 30 days after the earliest date on which <br /> one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim <br /> through negotiations, then the parties agree to attempt in good faith to settle such dispute or claim by <br /> mediation conducted under the auspices of an established and neutral mediation service selected by <br /> the parties. Such mediation shall be conducted within 60 days following either party's written request <br /> therefore. If such dispute or claim is not settled through mediation, then either party may seek legal or <br /> equitable remedies in a proceeding in a court of law. <br /> 11.5 Force Majeure <br /> Neither party shall be liable for delays or failure in performance thereunder caused by acts of God, <br /> war, strike, riot, labor dispute, work stoppage, fire, judicial or governmental action, or any other cause, <br /> whether similar or dissirnilar, beyond reasonable control of that party. Notwithstanding the <br /> aforementioned, it is understood that Simpleview shall have the responsibility to perform its services in a <br /> commercially reasonable manner to safeguard Client's Internet and web hosting, including data, from <br /> Page 18 <br />