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Benevate Inc. (dba Neighborly Software) SAAS Services Order Form <br /> <br />7 <br /> <br />a. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non- <br />performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, <br />North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or <br />actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of <br />any dispute prior to the bringing of such suit or action. <br />12. NOTICE <br />a. Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient when delivered (a) <br />personally or by overnight courier, (b) sent by email, or (c) forty-eight (48) hours after being deposited in the U.S. mail as <br />certified or registered mail with postage prepaid, addressed to the party to be notified at such party’s address or email address <br />as set forth in this section. E-mail is the preferred method of notice. Any change of address, e-mail address, telephone number, <br />or person to receive notice shall be made by notice given to the other Party. <br /> <br /> <br />b. Addresses. Subject to change pursuant to this Section above, the addresses for notices are as follows: <br />For the Company: <br />Jason Rusnak <br />Benevate, Inc. (dba Neighborly Software) <br />3423 Piedmont Rd, NE <br />Atlanta, GA 30305 <br />Phone: <br />Email: Jason.Rusnak@NeighborlySoftware.com <br />Sarah Bohentin <br />Benevate, Inc. <br />Phone: 850-363-1717 <br />Email: Sarah.Bohentin@NeighborlySoftware.com <br /> <br />For the Customer: <br />Libbie Hough <br />Orange County Housing Department <br />300 W Tryon Street <br />Hillsborough, NC 27278 <br />919.619.7116 lhough@orangecountync.gov <br />13. MISCELLANEOUS <br />a. Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or <br />eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and <br />enforceable. <br />b. Waivers. No waiver of any provision of this Agreement or consent to any action shall constitute a waiver of any other provision <br />of this Agreement or consent to any other action. No waiver or consent shall constitute a continuing waiver or consent or <br />commit a Party to provide a future waiver. Any provision of this Agreement may be waived only with the written consent of <br />the Parties. Company may use Customer’s name and logo in a list of customers section on its website. <br />c. Entire Agreement & Amendments. This Agreement is the complete and exclusive statement of the mutual understanding of the <br />parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating <br />to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, <br />except as otherwise provided herein. <br />d. Assignment. This Agreement is not assignable, transferable, or sub-licensable by either Party without the other Parties prior <br />written consent, except as such assignment, transfer or sublicense is in connection with a merger, acquisition, or similar change <br />of control event. <br />DocuSign Envelope ID: 6F63C4B7-5267-4E60-BA02-25D6B13BE7C6