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Limitation of Liability will apply to the maximum extent permitted by applicable law. Some jurisdictions do not
allow the exclusion or limitation of incidental or consequential damages, so the exclusions and limitations set
forth above may not apply.
9.
Termination.
Transcend may, in addition to any other remedies available to Transcend, terminate this
Agreement immediately if Customer breaches any of its obligations under this Agreement.
10.
Miscellaneous.
(a) This Agreement constitutes the entire agreement between Transcend and
Customer concerning the subject matter hereof, and it may only be modified by a written amendment signed
by an authorized executive of Transcend. (b) Except to the extent applicable law, if any, provides otherwise,
this Agreement will be governed by the law of the Republic of China, excluding its conflict of law provisions. (c)
If any part of this Agreement is held invalid or unenforceable, and the remaining portions will remain in full
force and effect. (d) A waiver by either party of any term or condition of this Agreement or any breach thereof,
in any one instance, will not waive such term or condition or any subsequent breach thereof. (e) Transcend
may assign its rights under this Agreement without condition. (f) This Agreement will be binding upon and will
inure to the benefit of the parties, their successors and permitted assigns.