Incredimail 2011 Annual Report Download - page 215

or such other address with respect to a party as such party shall notify each other party in writing as above provided. Any notice sent in accordance with this Section
11.4 shall be effective (i) if mailed, seven (7) Business Days after mailing, (ii) if sent by messenger, upon delivery, (iii) if sent by overnight courier, two (2) Business
Days after mailing, and (iv) if sent via telecopier or email, when sent, with an acknowledgment of sending being produced by the sending facsimile machine or
computer, as applicable, or (if sent on a non-Business Day) on the first Business Day following the acknowledgement of sending.
11.5 Headings
. The headings contained in this Agreement are for convenience of reference only, shall not be deemed to be a part of this Agreement
and shall not be referred to in connection with the construction or interpretation of this Agreement.
11.6 Counterparts
. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken
together, shall constitute one agreement.
11.7 Dispute Resolution .
(a) Except as otherwise provided in this Agreement, all disputes arising directly under this Agreement or the grounds for termination thereof,
including whether any payments may be due under this Agreement, shall be resolved as follows. Representatives of both parties shall meet to attempt to resolve any
such dispute. If the dispute cannot be resolved by such meeting, either party may make a written demand to the other party or parties for formal dispute resolution and
specify therein the scope of the dispute. The parties hereby agree to submit to binding arbitration by a single arbitrator selected by the parties and administered by the
American Arbitration Association and shall take place in New York, New York. The parties agree that arbitration shall be the sole, exclusive and final remedy for any
disputes arising directly under this Agreement. Within thirty (30) days after such written notification, the parties agree to meet for one day with an impartial
mediator. Accordingly, the parties may not pursue court action regarding any dispute arising directly under this Agreement.
(b) Notwithstanding the provisions of Section 11.7(a), each party shall have the right, without the requirement of first seeking a remedy
through any dispute resolution alternative (including mediation or arbitration) that has been agreed upon, to seek preliminary injunctive or other equitable relief in the
event that such party determines that eventual redress through the dispute resolution alternative will not provide a sufficient remedy for any violation of this
Agreement by the other party.
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