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DocuSign Envelope ID:299DAE81-C703-494C-B9EC-EB57F8ABA670 <br /> TITLE,TRANSPORTATION AND DELIVERY <br /> Title (except as provided in the paragraph USE OF INFORMATION/ LICENSE) and risk of loss or damage to material shall <br /> pass to Buyer at the time Seller or its supplier delivers possession of the material to a carrier or to Buyer if there is no carrier. <br /> Seller will make carrier selection based on current rates, reliability and transit schedules, and Buyer agrees to pre-pay freight <br /> and delivery charges, including insurance costs if specifically requested by Buyer. <br /> TERMINATION OF AGREEMENT <br /> If not otherwise stated in the above agreement, this policy for agreement/contract termination will apply. <br /> Terminations of Service/Notice of Breach must be in writing and must be sent to notices(a)dynamicguest.com. Upon any <br /> termination of this Agreement, (i)Client shall (A)immediately discontinue all use of the Service,the Service Documentation, <br /> and any Company Confidential Information of Dynamic Quest, and (B)promptly pay to Dynamic Quest all amounts due and <br /> payable to the Company hereunder; and (ii)both Parties shall (A)delete any of the others Party's Confidential Information <br /> from their respective digital storage or any other media including, but not limited to, online and offline libraries; and (B)return <br /> to the other Party or, at the other Party's option, destroy, all copies of the Applicable service in their possession. <br /> A client is also allowed to cancel the agreement anytime within the term of the agreement due to breach of service by <br /> Dynamic Quest. If a breach of service has been identified, the client must allow Dynamic Quest 45 days from the date the <br /> client notifies Dynamic Quest of the breach,to show an improvement or correction to the concerns. If the breach in service is <br /> cured,then it will no longer be considered a breach of service. <br /> Dynamic Quest may terminate this Agreement if: (a)Customer fails to pay any fees due within terms set forth by the payment <br /> terms of this agreement, (b)Customer materially breaches the term of this Agreement, other than failure to pay, and <br /> Customer has not taken reasonable steps to remedy such breach within forty-five(45)business days of Customer receiving <br /> written notice from Dynamic Quest of the breach, (c)immediately if Customer misrepresents the nature of the data or the use <br /> of the data, (d)for any other reason set forth in this Agreement or(e)if Dynamic Quest reasonably believes that such <br /> termination is necessary to protect its other customers. Dynamic Quest will notify Customer as soon as reasonably practical <br /> of any action it takes relating to Customer's equipment that materially affects Customer's access to its data. <br /> LOANED/RENTED EQUIPMENT <br /> The Customer agrees that any equipment utilized by Dynamic Quest, in the execution of this or any service that is not <br /> explicitly purchased by Customer shall remain the property of Dynamic Quest and must be returned if requested. The <br /> Customer further agrees to cease the use of any technology that remains the property of Dynamic Quest upon termination <br /> of this agreement. <br /> LIMITED WARRANTY <br /> Seller warrants that services will be performed in workmanlike manner. Any claim for breach of this service warranty must be <br /> made by written notice within two(2)weeks following the date of completion of the service for which the claim was made.Seller <br /> hereby assigns to Buyer the warranty given to Seller by its supplier of such material. At Buyer's request, Seller or its supplier <br /> will provide to Buyer a written statement of its supplier's warranty.Seller does not warrant software to be error free. If any defect <br /> in material appears in the material, Seller will, at its option, either repair or replace the defective materials without charge or <br /> credit or refund the purchase price of the defective material, provided that: (i)the defect appears within the applicable warranty <br /> period or thirty(30)days,whichever is less, (ii)Buyer notifies Seller in writing of the claimed defect promptly after Buyer knows <br /> or reasonably should know of the claimed defect,and (iii)Seller's examination of the material discloses that the claimed defect <br /> actually exists. <br /> THE FOREGOING WARRANTIES ARE IN LIEU OF AND EXCLUDE ALL OTHER EXPRESS AND IMPLIED WARRANTIES, <br /> INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR <br /> PURPOSE. BUYER'S SOLE AND EXCLUSIVE REMEDY SHALL BE SELLER'S OBLIGATION TO REPAIR, REPLACE, <br /> CREDIT, OR REFUND AS SET FORTH ABOVE. <br /> ASSIGNMENT <br /> Buyer shall not assign any right or interest under this Agreement without the prior written consent of Seller. Any attempted <br /> assignment or delegation in contravention of the above provisions shall be void and ineffective. <br /> CHOICE OF LAW/CHOICE OF FORUM <br /> This Agreement shall be governed by and interpreted under the laws of the State of North Carolina.The parties hereby consent <br /> that any and all actions to enforce this Agreement or any portion thereof shall be brought in the general courts of justice in <br /> Guilford County, North Carolina <br /> Alf DYNAMIC <br /> ■ QV E S T TM Dynamic Quest // 336.370.0555 // dynamicquest.com Page: 6 <br />