Incredimail 2013 Annual Report Download - page 202

EXECUTION VERSION
A Party may change its address for notices by written notice given pursuant to this Section 16.5.
16.6 Waiver . Any of the provisions of this Agreement may be waived by the Party entitled to the benefit thereof. No Party will
be deemed, by any act or omission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the
waiving Party, and then only to the extent specifically set forth in such writing. A waiver with reference to one event will not be construed as
continuing or as a bar to, or waiver of, any right or remedy as to a subsequent event.
16.7 Remedies Cumulative
. Except as expressly set forth herein, no remedy conferred upon any of the Parties by this Agreement
is intended to be exclusive of any other remedy, and each and every such remedy will be cumulative and will be in addition to any other remedy
given hereunder or now or hereafter existing at Law or in equity. For clarity, this Section does not expand either Party’s ability to terminate this
Agreement beyond the provisions of Section 15.
16.8 Severability . If the application of any provision or provisions of this Agreement to any particular facts or circumstances is
held to be illegal, invalid or unenforceable by any arbitrator, arbitration panel or court of competent jurisdiction, the validity and enforceability
of such provision or provisions as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement
will not in any way be affected or impaired thereby, and the Parties agree that the arbitrator, arbitration panel or court of competent jurisdiction
making such determination will have the power to modify the provision in a manner consistent with its objectives such that it is enforceable.
16.9 Independent Contractors . The Parties acknowledge and agree that they are dealing with each other as independent
contractors. Neither this Agreement nor any terms and conditions contained in this Agreement may be construed to: (a) give any Party the power
to direct and control the day-to-day activities of any of the other; (b) create or constitute a partnership, joint venture, franchise, employment or
agency relationship between or among the Parties; or (c) allow any Party to create or assume any obligation on behalf of the other Party for any
purpose whatsoever.
16.10 No Third Party Beneficiaries . Nothing in this Agreement, express or implied, is intended to or will confer upon any person
(other than the Parties, their Affiliates and the Indemnified Parties) any right, benefit or remedy of any nature whatsoever under or by reason of
this Agreement.
CONFIDENTIAL
with a copy to:
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
USA
Attention: Deputy General Counsel, Online Services Division
Telephone: (425) 882
-
8080
Telecopy: (425) 936
-
7329
If to Conduit, to:
Conduit Ltd.
5 Golda Meir Street
Park Ta
’
asiyot Hamada
Ness
-
Ziona, 74140
Israel
Attention: Legal Counsel
Telephone: 972
-
8
-
9461713
Telecopy: 972
-
73
-
7017378
-
30
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