Ambient 5-Day, User Manual

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16. Notices: All notices required or permitted by this Agreement shall be in writing and mailed by first-class mail, post-
age prepaid, or transmitted by hand delivery or facsimile transmission to the address or facsimile number of the party
to whom addressed. A party may change its address or facsimile number by notice to the other party.
17. Presentation of Claims:
Except for disputes regarding invoices, any claim by the customer against Ambient arising
out of this Agreement will be deemed irrevocably waived by the customer and will be barred, unless asserted in writing
within one year following the date on which the claim arose.
18. Force Majeure: Ambient will be excused from performance under this Agreement to the extent that performance
is prevented by any act of God, war, civil disturbance, court order, acts or regulations of governmental bodies, labor
disputes or strikes, failure or loss of supply or market, failure of a third party’s performance, failure, fluctuation or non-
availability of electrical power, heat, light, other equipment failure or similar event beyond its reasonable control.
19. Effect of Change in Law or Regulation: All of the terms of this Agreement are subject to all laws and regulations
under which Ambient, the equipment or the services may be regulated. Notwithstanding anything to the contrary
in this Agreement, Ambient may, in its sole discretion, change the prices charged for equipment and/or services or
change the equipment or services provided under this Agreement upon 30 days prior notice to the customer if Ambient
deems such change necessary to comply with applicable law or regulation, or if Ambient determines that a change in
applicable law or regulation substantially affects Ambient’s operating costs.
20. Miscellaneous: This Agreement represents the parties’ entire agreement and supersedes any prior agreement
with respect to the subject matter hereof. THIS AGREEMENT MAY BE AMENDED BY AMBIENT UPON AT LEAST 30 DAYS
WRITTEN NOTICE TO THE CUSTOMER WHOSE APPROVAL IS SHOWN BY WRITTEN CONSENT OR CONTINUED USE OF THE
SERVICES AFTER THE DATE SPECIFIED IN SUCH NOTICE. Without the prior written consent of Ambient, the customer
may not, by operation of law or otherwise, assign or encumber its rights or obligations hereunder. If any provision of
this Agreement is unenforceable, such provision shall be reformed to the extent necessary to be enforceable. If the
unenforceable provision cannot be reformed, this Agreement will be construed as if not containing the unenforceable
provision. In the event of any collection or other action arising hereunder, Ambient shall be entitled to reasonable costs
and expenses, including reasonable attorneys’ fees, incurred in connection with such action.