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has paid in advance for Service, and this Agreement terminates due to material breach of this Agreement by NextRequest,NextRequest shall refund Customer a prorated amount of any amount already paid. Upon termination by Customer for convenience or due to material breach by Customer, in addition to any remedy provided in this Agreement or provided in law or equity, NextRequest shall be entitled to retain any amounts already paid. The following terms will survive expiration or termination of the Agreement: Sections 2.3-2.7,4,5, 6, 11, 12 and 14 as well as all other provisions of the Agreement that by their nature are intended to survive expiration or termination of the Agreement. 9. Removal of Customer Content, Suspension of Service 9.1. NextRequest and its Service Providers reserve the right to remove or prohibit any Customer Content or Requester Content. NextRequest may suspend or terminate Customer's use of the Service without liability if NextRequest or a Service Provider reasonably believes that: (a) it is required to do so by law or a regulatory or government body, or doing so is necessary to protect the rights of NextRequest, its Service Providers, or its other customers;(b) Customer or any Customer User has failed to comply with any material term of this Agreement, including the Acceptable Use Policy; (c)Customer's or any Customer User's use violates applicable law or third-party rights; (d) Customer Content causes NextRequest to be subject to any law to which it otherwise would not be subject(for example,HIPAA);or (e)this Agreement expires or is terminated. Notwithstanding the foregoing and for the avoidance of doubt, NextRequest and its Service Providers have no obligation to monitor, filter, or disable access to any Customer Content or Requester Content. 9.2. If NextRequest or a Service Provider elects to remove Customer Content or suspend the Service, to the extent possible.NextRequest will give Customer advance notice of at least one (1)Business Day. 9.3. If Customer Content is removed as part of the notice-and-takedown procedure provided by the Digital Millennium Copyright Act("DMCA"), and Customer believes such Customer Content was wrongly removed as a result of a copyright infringement notice, Customer may notify NextRequest as provided in section 6.3 of the Terms of Service. 10. Changes to Services. NextRequest may change, update or discontinue any or all of the Service at any time. NextRequest will make commercially reasonable efforts to timely notify Customer of discontinuation of the Service. 1.1. Intellectual Property Infringement and Indemnification 11.1. NextRequest's Obligations for IP Infringement. If any action is instituted by a third party against Customer based upon a claim that any part of the Service (an "Infringing Item"),infringes a United States patent, copyright or trademark, NextRequest's sole obligation will be at its option and expense to(a) procure for Customer the right to continue using the Infringing Item, (b) replace or modify the Infringing Item so that it is no longer infringing but continues to provide comparable functionality, or (c) terminate this Agreement and Customer's access to the Service, in which case NextRequest shall refund a prorated amount of any amounts paid for which Service have not yet been