Incredimail 2010 Annual Report Download - page 126

16.2 All other notices must be in English, in writing (which for these purposes may include an email), addressed to the other party’
s primary
contact and sent to their then current postal address or email address.
16.3
Neither party may assign any of its rights or obligations under this GSA or any Agreement without the prior written consent of the
other. Where a party gives the other party such written consent: (a) the assignor shall ensure that the assignee has agreed in writing to
be bound by the terms of this GSA and the applicable Agreement(s); and (b) the assignment takes effect from 23:59 on the last day of
the relevant calendar month.
16.4
[***]
16.5
Except as expressly stated otherwise, nothing in this GSA or any Agreement will create or confer any rights or other benefits in favour
of any person other than the parties to this GSA.
16.6
Except as expressly stated otherwise, nothing in this GSA or any Agreement will create an agency, partnership or joint venture of any
kind between the parties.
16.7
Neither party will be liable for failure to perform or delay in performing any obligation under this GSA or any Agreement if the failure
or delay is caused by any circumstances beyond its reasonable control.
16.8
Google may (at its sole discretion) suspend the provision of any Services or modify any Services at any time to comply with any
applicable law. If any suspension of Services
under this clause continues for more than [***], Company may, at any time until
provision of the applicable Services is reinstated, terminate the applicable Agreement immediately upon written notice.
16.9
Failure or delay in exercising any right or remedy under this GSA or any Agreement will not constitute a waiver of such (or any other)
right or remedy.
16.10
The invalidity, illegality or unenforceability of any term (or part of a term) of this GSA or any Agreement will not affect the
continuation in force of the remainder of the term (if any) and this GSA or applicable Agreement.
16.11
Subject to clause 13.1(b), this GSA and the Order Forms entered into under it set out all terms agreed between the parties in relation to
its subject matter and supersede all previous agreements between the parties relating to the same. In entering into this GSA and the
related Order Forms neither party has relied on any statement, representation or warranty not expressly set out in this GSA or any Order
Form.
16.12
This GSA and any Agreements and any dispute (contractual or non
-
contractual) concerning this GSA and any Agreement(s) or their
subject matter or formation (a
“
Dispute
”
)
are governed by English law.
16.13
Any Dispute shall be referred to and finally resolved by arbitration under the rules of the LCIA, which rules are deemed to be
incorporated by reference into this clause. The number of arbitrators shall be three. The seat, or legal place, of arbitration shall be
London, England. The language to be used in the arbitration shall be English.
16.14
Clause 16.12 shall be without prejudice to the right of either party to apply to any court of competent jurisdiction for emergency,
interim or injunctive relief (together "Interim Relief"). Such Interim Relief shall be subject to review and subsequent adjudication by
the arbitral tribunal such that any dispute in respect of Interim Relief shall be determined by the arbitral tribunal.