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9 <br /> <br />discontinued, become obsolete or are otherwise not <br />commercially available; or <br /> 4. Customer fails to make payments when <br />due or otherwise breaches this Agreement. <br /> <br />Brady will not be liable for any damages or subject to any <br />penalty as a result of any such termination. If for any reason <br />Brady is unable to continue to provide the service(s) for which <br />it is hereunder contracted, the Customer will have the right to <br />terminate its obligation without penalty. <br /> <br />18. Assignment <br /> <br />Customer may not assign this Agreement. Brady may assign <br />the work of this Agreement, subcontracting the whole of this <br />Agreement, or subcontracting portions of this Agreement. <br /> <br />19. Changes <br /> <br />No modifications, additions or changes may be made to this <br />Agreement, except in a writing signed by both parties. <br /> <br />20. Severability and Waiver <br /> <br />If any term or conditions of this Agreement are invalid, illegal <br />or incapable of being enforced by any rule of law, all other <br />terms and conditions of this Agreement will nevertheless <br />remain in full force and effect so long as the economic or legal <br />substance of the transaction contemplated hereby is not <br />affected in a manner adverse to either Party. Upon any such <br />determination of invalidity, illegality or unenforceability, the <br />Parties shall negotiate in good faith to modify this Agreement <br />so as to affect the original intent of the Parties as closely as <br />possible in an acceptable manner, to the end that the <br />transactions contemplated by this Agreement are <br />consummated to the extent possible. The failure of either <br />Party to insist upon the performance of any of the terms of this <br />Agreement at any time, or to exercise any right, shall not be <br />construed as a waiver of such term or right. <br /> <br />21. Governing Law <br /> <br />This Agreement is made and interpreted under the laws of the <br />State of North Carolina. North Carolina law shall govern this <br />Agreement without regard to any competing choice of law <br />provision. The state court of Guilford County shall be the sole <br />and exclusive jurisdiction for any civil action arising out of this <br />Agreement. <br /> <br />22. Notice <br /> <br />All notices shall be delivered either by e-mail, in person, or via <br />certified mail to the Parties at the addresses listed below. If <br />notice is sent via e-mail or in person, notice shall be <br />considered received the same business day as the e-mail is <br />sent or notice is delivered in person. If notice is sent via <br />certified mail, notice shall be considered received 3 business <br />days after notice is mailed. <br /> <br /> Brady <br /> <br />Legal Name: Brady Trane Service, Inc. <br /> Address: PO Box 13587 <br /> Attn: Legal Notices <br /> Greensboro, NC 27415 <br /> E-mail: notices@bradyservices.com <br /> <br /> Customer <br /> <br />Legal Name: <br /> <br /> Address: <br /> <br /> <br /> <br /> <br /> <br /> E-mail: <br /> <br /> <br /> <br />23. Miscellaneous Provisions <br /> <br />a. This Agreement contains the entire agreement <br />between the parties. <br />b. Any taxes, excises, or other charges imposed on <br />Brady by law, on or incident to the service or material provided <br />under this Agreement, shall be paid by the Customer, or in lieu <br />thereof, the Customer shall provide Brady with a tax <br />exemption certificate acceptable to the taxing authorities. <br />c. Brady shall abide by the requirements of 41 CFR §§ <br />60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations <br />prohibit discrimination against qualified individuals based on <br />their status as protected veterans or individuals with <br />disabilities, and prohibit discrimination against all individuals <br />based on their race, color, religion, sex, or national origin. <br />Moreover, these regulations require that Brady takes <br />affirmative action, to employ and advance in employment, <br />individuals without regard to race, color, religion, sex, national <br />origin, protected veteran status or disability. <br /> <br /> <br /> <br />Docusign Envelope ID: 3B01E8C5-43A2-424D-967C-3C14D0C78675