Nautilus 2010 Annual Report Download - page 83

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written consent of Merchant.
Section 19. Notices.
All notices required or permitted by this Agreement shall be in writing and shall be sent to the
respective parties at the addresses set forth herein or as such addresses are changed by notice given under
this Section 19
. Said notices shall be deemed to be received when sent to the above addresses (i) upon
three (3) Business Days after deposit in the U.S. first class mail with postage prepaid, (ii) upon personal
delivery, or (iii) upon receipt by email, telex, facsimile, or overnight/express courier service or mail.
Section 20. Amendments and Supplementary Documents.
If a modification is reasonably determined by Company or Merchant to be required by any Applicable
Law, such party shall notify the other party, and either party may terminate this Agreement if an acceptable
amendment is not agreed upon within ten (10) days of the notice. Reference herein to "this Agreement" shall
include any schedules, appendices, exhibits, and amendments hereto. Any amendment or modification to this
Agreement must be in writing and signed by a duly authorized officer of Company and Merchant to be
effective and binding upon Company and Merchant; no oral amendments or modifications shall be binding
upon the parties.
Section 21. Nonwaiver and Extensions.
Neither Company nor Merchant shall not by any act, delay, omission, or otherwise be deemed to have
waived any rights or remedies hereunder (other than an explicit written waiver). Either party agrees that the
other party's failure to enforce any of its rights under this Agreement shall not affect any other right of such
party or the same right in any other instance.
Section 22. Rights of Persons Not a Party.
This Agreement shall not create any rights on the part of any person or entity not a party hereto,
whether as a third party beneficiary or otherwise.
Section 23. Section Headings.
The headings of the sections of this Agreement are for reference only, are not a substantive part of this
Agreement and are not to be used to affect the validity, construction or interpretation of this Agreement or any
of its provisions.
Section 24. Integration.
This Agreement contains the entire agreement between the parties. There are merged herein all prior
oral or written agreements, amendments, representations, promises and conditions in connection with the
subject matter hereof. No representations, warranties, promises or conditions not expressly incorporated
herein shall be binding on Company or Merchant.
Section 25. Severability.
If any provision of this Agreement is void or unenforceable under Applicable Law, such provision shall
be deemed ineffective without invalidating the remaining provisions hereof.