Incredimail 2013 Annual Report Download - page 200

EXECUTION VERSION
15.5.2 During the Tail Transition Period, except as otherwise provided in this Section 15.5, all provisions of this
Agreement will apply and the Parties will still share revenues according to Section 4; and
15.5.3 This Agreement will terminate upon the conclusion of the Tail Transition Period.
15.6 Exclusive Rights to Terminate . The express rights to terminate this Agreement set forth in this Section 15 are exclusive
and, without limitation of a Party’s other remedies available hereunder, neither Party will have any additional right (whether at Law, in equity,
under Section 16.7 or otherwise) to terminate this Agreement, in whole or in part.
15.7 Survival . Sections 1,4, 5.1 (with respect to the Parties’ respective ownership of their Intellectual Property Rights), 5.2.1,
5.4, 5.5, 6, 7, 8, 9, 10, 12, 15 (provisions of Section 15 generally, as they concern the conditions under which termination is permitted and which
must be satisfied after exercise of a termination right) and 16 will survive expiration or termination of the Term. In addition, all payment
obligations arising under any other Sections of this Agreement or its Exhibits survive with respect to the amounts owed under such obligations as
of the effective date of termination or expiration.
16. MISCELLANEOUS
16.1 Rules of Construction . The words “hereof,” “herein” and “hereunder” and other words of similar import refer to this
Agreement in its entirety and not to any part hereof unless the context shall otherwise require. All references herein to Sections and Exhibits
shall be deemed references to and Sections of, and Exhibits to, this Agreement unless the context shall otherwise require. The word “including,”
when used herein is not intended to be exclusive and means “including, but not limited to.” The headings used in this Agreement are inserted for
convenience of reference only and do not constitute a part of and will not be utilized in interpreting this Agreement. Except where the context so
requires, any reference to a singular noun shall include its plural, the use of the word “all” shall be construed as “any and all,” the word “any”
shall be construed as “any and all,” and the word “each” shall be construed as “all and each.” This Agreement has been negotiated by the Parties
and their respective counsel and will be fairly interpreted in accordance with its terms and conditions pursuant to the governing Law selected by
the Parties pursuant to Section 12.2.3 without application of any rules of construction relating to which Party drafted this Agreement in favor of,
or against, either Party. Unless otherwise expressly provided herein or unless the context shall otherwise require, any references as of any time to
any agreement (including this Agreement) or other contract, instrument or document or to any statute or regulation or any specific section or
other provision thereof are to it as amended and supplemented through such time (and, in the case of a statute or regulation or specific section or
other provision thereof, to any successor of such statute, regulation, section or other provision). Any reference in this Agreement to a “day” or
number of “days” (without the explicit qualification of “Business Day”) shall be interpreted as a reference to a calendar day or number of
calendar days. If any action or notice is to be taken or given on or by a particular calendar day, and such calendar day is not a Business Day, then
such action or notice shall be deferred until, or may be taken or given on, the next Business Day. Unless otherwise expressly provided herein or
unless the context shall otherwise require, any provision of this Agreement using a defined term (by way of example and without limitation, such
as “Affiliate”) which is based on a specified characteristic, qualification, feature or status shall, as of any time, refer only to such persons or
entities who have the specified characteristic, qualification, feature or status as of that particular time. This contract is written in English and, if it
is translated into any other language, the English-language version controls.
CONFIDENTIAL
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