Network Master Agreement - US Signal Company LLC - Renewal of Connectivity Services

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shall prevail. If any provision contained in this main body of the Agreement and any Exhibits, Attachments or Appendix hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fac# that a condition, right, obligation, or other term appears in this Agreement but not In any such tariff shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this section_ Section 7.9 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Indiana, without regard to conflict of law principles, Section 7.10 Export Matters. Customer represent and warrant that Customer is not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons to whom US Signal is legally prohibited to provide the Services. Customer may not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D; 4 and D: 3, as set forth in Supplement No. f to the Part 740 of the United States Export Administration Regulations, nor may Customer provide administrative access to the Services to any person (including any natural person or government or private entity) that is located in or is a national of any countrythat is embargoed or highly restricted under United States export regulations. Section 7.11 Entire Agreement. This Agreement and the Network Service Exhibit, together with all OFSes, embodies the entire agreement and understanding between US Signal and Customer with respect to the subjecl matter of this Agreement and supersedes all prior oral or written agreements and understandings relating to the subject matter of this Agreement. No statement, representation, warranty„ covenant or agreement of any kind not expressly set forth in this Agreement will affect„ or be used to Interpret, change or restrict, the express terms and provisions of this Agreement_ Except as otherwise expressly permitted in this Agreement, this Agreement may not be supplemented, modified or amended except by a written instrument which is signed by both parties. Section 7.12 Survivability. Customer's obligations under Indemnification, Limitation of Liability and Customer Representations of Warranties shall survive the expiration or termination of this Agreement. Customer: City of South Bend -Water Works By: Printed Name: Title: _ Date: US Signal Company, L.L.C. w Printed Name: R(LIJ ' ' QATitle: —cm _ ,,:....�...�_.�i""�..— Date: �� I _Ml Proprietary & Confidential Page 7 of 7 City of South Bend —Water Works 110218 - R