Incredimail 2013 Annual Report Download - page 201

EXECUTION VERSION
16.2 Force Majeure . Neither Party or its Affiliates will be in violation of any of the requirements of this Agreement to the extent
that its performance is impaired as a result of any delay, failure in performance, or interruption of service, resulting directly or indirectly from
acts of God, acts of civil or military authorities, civil disturbances, wars, acts of terrorism, strikes or other labor disputes, fires, transportation
contingencies, outages of third party telecommunications networks with whom the non-performing Party does not have a direct contractual
relationship, failure of suppliers with whom the non-performing Party does not have a direct contractual relationship, or other similar
occurrences which are beyond such Party’s reasonable control; provided, however, that any such delay or failure will be remedied by such Party
as soon as reasonably possible. Upon the occurrence of a force majeure event, the Party unable to perform will, if and as soon as possible,
provide written notice to the other Party indicating that a force majeure event occurred and detailing how such force majeure event impacts the
performance of its obligations. Microsoft will maintain during the Term, appropriate business continuity and disaster recovery plans, procedures,
facilities and equipment to restore operation of the Services within a reasonable period of time under the circumstances.
16.3 Amendment or Modification . This Agreement may be amended or modified only by a written agreement that (a) refers to
this Agreement; and (b) is executed by an authorized representative of each Party.
16.4 Assignment; Delegation . This Agreement and the performance of any duties hereunder may not be assigned, transferred,
delegated (except as set forth below), sold or otherwise disposed of by a Party other than (a) with the prior written consent of the other Party, or
(b) in the event of a sale of all or substantially all of such Party’s assets or in the event of a merger, consolidation, share exchange,
recapitalization, restructuring or business combination involving such Party. This Agreement will be binding upon and shall inure to the benefit
of a Party’s permitted successors and assigns. Any purported assignment, transfer, delegation, sale or other disposition in contravention of this
Section 16.4 is null and void. Notwithstanding the foregoing, either Party may delegate its performance to, or exercise its rights through, one or
more Affiliates in the Territory; provided that in the event of any such delegation or exercise, each Party will remain liable and fully responsible
for its Affiliates’ performance of and compliance with such Party’s obligations and duties under this Agreement.
16.5 Notices . All notices hereunder shall be deemed given (a) upon receipt when delivered personally, (b) upon written
verification of receipt from overnight courier, (c) upon verification of receipt of registered or certified mail or (d) upon verification of receipt via
facsimile, provided that such notice is also sent via first class mail by no later than the next Business Day after sending via facsimile. All notices
shall be in English and in writing and sent to:
CONFIDENTIAL
If to Microsoft, to:
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
USA
Attention: General Manager for Strategic Partnerships,
Online Services Division
Telephone: (425) 882
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8080
Telecopy: (425)936
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7329
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