11. Force Majeure
. Seller shall not be responsible for
delays in producing, procuring, or delivering the Goods
caused by: acts of God, fires, riot or insurrection, strikes or
differences with or among workmen, government
interference, inability to secure reasonable transportation,
weather conditions, timing of deliveries from Seller’s
vendors or suppliers, or other contingencies beyond Seller’s
control. Should any of the foregoing conditions continue for
a period of sixty (60) days after its first occurrence, Seller
may cancel this Contract without incurring any liability to
Purchaser.
12. Assignment
. Purchaser shall not assign any of its
rights, or delegate any of its duties, under this Contract
without the prior written consent of Seller, and any attempt
to do so shall be
void ab initio
.
13. Remedies and Waiver
. All rights and remedies of
Seller under this Contract shall be cumulative and in
addition to any other rights and remedies available to Seller
under any other valid agreement with Purchaser or any
applicable law. No waiver of any breach of the provisions of
this Contract shall be deemed a waiver of any other or
further breach of Purchaser.
14. Severability
. If any provision of this Contract shall be
found invalid, illegal, or unenforceable to any extent, the
remainder of this Contract and its application shall not be
affected, and shall remain enforceable to the fullest extent
permitted by law.
15.
Governing Law and Venue
. This Contract shall
be construed in accordance with, and governed by, the
internal laws of the Commonwealth of Virginia, without
regard to its choice of law principles. Any action brought in
connection with this Contract or the Goods shall be brought
only in the federal or state courts located in Norfolk,
Virginia. Purchaser irrevocably submits to the personal
jurisdiction of such courts, and waives any objection it may
have concerning the venue or convenience of such forums
IN WITNESS WHEREOF
, the Parties hereto have executed this Contract on the date(s) set forth below and its terms
and conditions shall be in full force and effect as of the date last executed herein below.
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