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(REMAINDER OF PAGE INTENTIONALLY BLANK - SIGNATURES ON FOLLOWING PAGE) <br />32. Notices. Any and all notices permitted or required to be given under this Agreement shall be in writing and shall be deemed duly given: (i) upon actual <br />delivery if delivery is by hand or by nationally recognized overnight express mail; or (ii) upon receipt by the sending party of a confirmation or answer back if <br />delivery is by email, or (iii) after three (3) days following delivery into the mail if delivery is by postage paid certified return receipt requested mail. Each such <br />notice shall be sent to the respective party at the address indicated on the first page of this Agreement or to any other address or person that the respective party <br />may designate by written notice delivered pursuant hereto. <br />33. Export Control. Customer shall not export or re-export, directly or indirectly, any: (i) product or service provided under this Agreement, (ii) technical data, <br />(iii) software, (iv) information, or (v) items acquired under this Agreement to any country for which the United States Government (or any agency thereof) requires <br />an export license or other approval without first obtaining any licenses, consents or permits that may be required under the applicable laws of the U.S. or other <br />foreign jurisdictions and shall incorporate in all export shipping documents the applicable destination control statements. Customer shall, at its own expense, <br />defend, indemnify, and save harmless ADT from and against all third-party claims, liability, loss or damage (including attorneys' fees and other defense costs), <br />assessed against or suffered by ADT as a result of an allegation or claim of noncompliance by Customer with this Section. The obligations contained in this <br />Section shall survive the termination or expiration of this Agreement. <br />34. Software. Any software provided with the Equipment or in connection with the Services is proprietary to ADT and/or ADT’s supplier(s) and is licensed or <br />sublicensed to Customer on a non-exclusive basis. Customer may not (a) disclose the Software or source code to any third parties, (b) duplicate, reproduce, or <br />copy all or any part of the Software, or (c) use the Software on equipment other than with the designated Equipment with which it was furnished. A separate <br />Software License Agreement or End User License Agreement between ADT and/or the software publisher may be required to use the software and/or obtain <br />updates/upgrades. <br />35. Survival. Those provisions which by their sense are intended to survive the cancellation, expiration or termination of the Agreement, including, by way of <br />example only, the indemnification and limit of liability obligations contained therein, shall survive the cancellation, expiration or termination of the Agreement for <br />whatever reason. <br />36. Waiver. The waiver, by either party, of a breach or violation of any provision of this Agreement shall not operate as, or be considered, to be a waiver of any <br />subsequent breach thereof. <br />DocuSign Envelope ID: 054FEA76-B154-4ACE-8514-7B3B36346FC2