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800.781.2320 • readyrebound.com <br />Terms, a Notice is effective only (a) on receipt by the receiving Party; and (b) if the Party giving the Notice has <br />complied with the requirements of this Section 13. <br />14.Force Majeure. <br />14.1 No Party shall be liable or responsible to the other party, nor be deemed to have defaulted under <br />or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, <br />when and to the extent such failure or delay is caused by or results from the following force <br />majeure events (“Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake, or <br />explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, <br />riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in <br />effect on or after the date of these Terms; (f) action by any governmental authority; (g)national <br />or regional emergency; or (h) other similar events beyond the reasonable control of the party <br />affected by the Force Majeure Event. The affected party shall give notice within five (5) business <br />days of the Force Majeure Event to the other party, stating the period of time the occurrence is <br />expected to continue. <br />14.2 During the Force Majeure Event, the non-affected party may similarly suspend its performance <br />obligations until such time as the affected party resumes performance. <br />14. 3 The affected party shall use diligent efforts to end the failure or delay and ensure the effects of <br />such Force Majeure Event are minimized and shall resume performance of its obligations as soon <br />as reasonably practicable after the removal of the cause. <br />15.Remedies. Each Party acknowledges that a breach by a Party of Section 7 (Intellectual Property) or <br />Section 8 (Confidentiality), may cause the non-breaching party irreparable damages, for which an award of <br />damages would not be adequate compensation and agrees that, in the event of such breach or threatened breach, <br />the non-breaching party will be entitled to seek equitable relief, including a restraining order, injunctive relief, <br />specific performance, and any other relief that may be available from any court, in addition to any other remedy <br />to which the non-breaching party may be entitled at law or in equity. Such remedies shall not be deemed to be <br />exclusive but shall be in addition to all other remedies available at law or in equity, subject to any express <br />exclusions or limitations in these Terms to the contrary. If any action, suit, or other legal or administrative <br />proceeding is instituted or commenced by either Party hereto against the other Party arising out of or related to <br />these Terms, the prevailing Party shall be entitled to recover its attorneys’ fees and court costs from the non- <br />prevailing Party. <br />16.Consent for Use of Likeness. Client hereby consents to any and all uses and displays by Service <br />Provider of the client logo, client name, and photos of mutually agreed upon training sessions and meetings in, <br />on, or in connection with, any pictures, photographs, audio or video recordings, digital images, websites, social <br />media, television programs, sales and marketing brochures, books, magazines, publications, and all other forms <br />of media throughout the world (collectively, the “Materials”) created by, or at the direction of, the Service <br />Provider at any time during or after the Term of this Agreement, for any legitimate business purposes of the <br />Service Provider (“Permitted Uses”). Client acknowledges that Client has no right to review or approve any <br />Materials before any Permitted Use by the Service Provider and that Provider has no liability to Client for any <br />editing or alteration of the Materials for any Permitted Use or for any distortion or other effects resulting from <br />Service Provider’s editing, alteration, or use of the Materials for any Permitted Use. Client hereby forever <br />releases the Service Provider and its owners, directors, officers, employees, and agents, to the maximum extent <br />permitted by applicable law, from any and all claims, actions, damages, losses, costs, expenses, and liability of <br />any kind, arising under any legal or equitable theory whatsoever at any time during or after the Term of this <br />Agreement, in connection with the Permitted Use of the Materials, including, without limitation, claims for <br />copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of <br />privacy, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of <br />action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction. <br />17.Severability. If any term or provision of these Terms are found by a court of competent jurisdiction to <br />be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not