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settled by binding arbitration, the American Arbitration Association will use its best efforts to appoint a single arbitrator within 30 days after receipt of such notice. 14.3. Arbitration Award. The arbitrator will not have the authority to award exemplary or punitive damages to any injured party. A decision by the arbitrator will be final and binding.Judgment may be entered on the arbitrator's award in any court having jurisdiction, and such award will not be appealable. 14.4.14.2. Notice. Written notice by either Party to the other may be given: (i) in person, and such notice will be deemed valid on the date of delivery in person;or(ii)by email to the Party contact identified in the Order Form, and such notice will be deemed valid as of the proof of mailing date. 14.5.14.3. Assignment.Neither Party may assign any of its rights or obligations hereunder,whether by operation of law or otherwise, without the prior written consent of the other Party(not to be unreasonably withheld). Notwithstanding the foregoing, either Party may assign this Agreement in its entirety,without consent of the other Party, to its affiliate or in connection with a merger, acquisition, corporate reorganization,or sale of all or substantially all of its assets.Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns.NextRequest may use Service Providers to perform all or any part of the Service,but NextRequest remains responsible to Customer under this Agreement for Service performed by its Service Providers to the same extent as if NextRequest performed the Service itself. 11.6.14.4. Force Majeure.Neither Party will be in breach of the Agreement if the failure to perform the obligation is due to an event beyond either Party's control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster,war, riot,insurrection,epidemic,strikes or other organized labor action, terrorism,or other events of a magnitude or type for which precautions are not generally taken in the industry. 14.7.14.5. Modifications.Unless otherwise expressly permitted in this Agreement, the Agreement may be amended only by a formal written agreement signed by both Parties. An Order Form may be amended to modify, add, or remove services by mutual written agreement of the Parties, agreement by email being sufficient. Any terms on Customer's purchase order or other business forms by which Customer orders or pays for Service will not become part of this Agreement. 14.8.14.6. Entire Agreement.The Agreement, together with the Terms of Use and Privacy Policy,constitutes the complete and exclusive agreement between the Parties regarding the Service and supersedes and replaces any prior understanding or communication,written or oral.Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of NextRequest which is not set out in the Agreement. 14.9.14.7. Precedence. If there is a conflict between the Order Form and this Agreement,then this Agreement will control. 14.10.14.8. Unenforceable Provisions.If any part of the Agreement is found unenforceable by a court, the rest of the Agreement will nonetheless continue in effect,