2025-676-E-Economic Dev-AirDNA-Monthly STR Data

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(ii) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as pandemics or epidemics, or explosion; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (iv) government order, law, or actions; (v) embargoes or blockades in effect on or after the date of these terms; (vi) national or regional emergency; (vii) strikes, labor stoppages or slowdowns, or other industrial disturbances; (viii) shortage of adequate power or transportation facilities; (ix) significant interruption or elimination of data sources; and (x) other similar events beyond the reasonable control of a Party. 12.5. Amendments and Modifications. AirDNA reserves the right to periodically update these Terms and will provide written notice to the Customer of any adverse material changes. Changes may be done automatically for the purpose of improving, enhancing or de-bugging versions of the Site or other aspects of the Data Services, and any other, non-material change, will be effective upon the “last updated” date stated at the top of these Terms. Customer’s continued use of the Site and/or the Data Services following any such changes will constitute acceptance of the new terms. AirDNA reserves the right to upgrade, update or discontinue any aspect or feature of the Data Services in whole or in part; provided, however, that if AirDNA discontinues a material feature of the Data Services entirely, then AirDNA will provide Customer with an alternative or replacement feature. No amendment to or modification of an Order Form will be effective unless it is in writing and signed by an authorized representative of each Party. 12.6. Waiver. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in these Terms, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 12.7. Severability. If any provision of these terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify these terms so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 12.8. Governing Law; Submission to Jurisdiction. The Agreement is governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule that would require or permit the 10/23/25, 1:37 PM Enterprise Terms of Service https://www.airdna.co/legal/enterprise-terms-of-service 13/15 Docusign Envelope ID: 071B8E12-6074-40C4-9776-8B9CE9408BBE