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Page 14 of 15 CONFIDENTIAL <br />9.7. Force Majeure. Except for payment obligations, neither party will be liable or <br />responsible for any failure or delay in the performance of its obligations due to <br />causes beyond the reasonable control of the party affected or its subcontractors or <br />suppliers, including but not limited to war, sabotage, insurrection, epidemics, <br />earthquakes, terrorism, riot or other act of civil disobedience, strikes or other labor <br />shortages, accident, fire, explosion, flood, hurricane, severe weather or act of God. <br />The obligations of the party suffering from the force majeure event will be <br />suspended for the duration of the force majeure. <br />9.8. Integration. This Agreement, together with the exhibits, constitutes the final and <br />exclusive agreement between the parties as to the matters described in it. This <br />Agreement supersedes all prior proposals, negotiations, conversations, discussions, <br />understandings, representations, or agreements between the parties concerning its <br />subject matter. Without limiting the generality of the foregoing, Company will not <br />be bound by any standard or printed or referenced terms produced by Customer, <br />including but not limited to terms included or referenced in any of Customer’s <br />purchase orders. In the case of disagreement in the terms and conditions between <br />this Agreement and any of its Exhibits, this Agreement shall control. <br />9.9. Amendment and Waiver. This Agreement may only be modified in writing signed <br />by both parties and identifying the provision of the Agreement that is to be <br />amended. No delay or omission by either party in exercising any right or remedy <br />under this Agreement or existing at law or equity shall be considered a waiver of <br />such right or remedy. No waiver by either party of any right or remedy whether <br />under this Agreement or otherwise shall be effective unless in writing. <br />9.10. Severability. If any term, provision or condition of this Agreement is held to be <br />invalid or unenforceable, the other provisions of this Agreement will be unimpaired <br />and the invalid or unenforceable provision will be deemed modified so that it is <br />valid and enforceable to the maximum extent permitted by law. <br />9.11. Promotion Rights. No public statements concerning the existence or terms of this <br />Agreement will be made or released to any media except with the prior approval of <br />both parties or as required by law. With Customer’s prior approval, approval of <br />which will not be unreasonably withheld by the Customer, Company may publicize <br />its relationship with Customer for marketing and promotion purposes, which may <br />include issuing a press release, mentioning the relationship on the Company <br />website (in each case by disclosing Customer’s name, general information and/or a <br />link to Customer’s website), and/or list Customer as a user of the Service. <br />9.12. Relationship. In making and performing this Agreement, Company and Customer <br />act and shall act at all times as independent contractors and nothing contained in <br />this Agreement shall be construed or implied to create an agency, partnership, joint <br />venture, or employer and employee relationship between Company and Customer. <br />9.13. Document. Each party acknowledges and represents that the person signing on its <br />behalf has read and understood all of the terms and provisions of this Agreement. <br />DocuSign Envelope ID: 00AEEDF8-E56F-4832-A7DF-FBD6EF554C6A