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  2. Finance Committee - Minutes - 8/19/2020 - P54

Finance Committee - Minutes - 8/19/2020 - P54

By dnadmin on Mon, 11/07/2022 - 13:27
Document Date
Wed, 08/19/2020 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 08/19/2020 - 00:00
Page Number
54
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__081920…

13. Modification. No terms and conditions other than those stated herein, and no agreement or understanding, oral or in
writing, in any way purporting to modify these terms or conditions, shall be binding on Seller without the Seller's written
consent. Any additional or different terms in Buyer's form are hereby deemed to be material alterations and notice of objection
to them and rejection of them is hereby given.

14. Survival. If anyone or more of the provisions herein shall be held invalid, illegal, or unenforceable in any respect by a court
of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions of this agreement shall not be
affected thereby.

15. Severability. If any of the terms herein are deemed invalid, void, or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and enforceability of any remaining conditions.

16. Governing Law. This agreement, and all matters hereto, shall be governed by, and construed in accordance with, the laws
of the State of Illinois (without giving effect to the choice of law principles thereof).

17. Disputes. Any dispute relating in any way to these terms shall be submitted to confidential arbitration in Illinois, except that,
to the extent Buyer has in any manner violated or threatened to violate Seller’s intellectual property rights, Seller may seek
injunctive or other appropriate relief in any state or federal court in the state of Illinois, and Buyer consents to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of
the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to
an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.

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Finance Committee - Minutes - 8/19/2020 - P54

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