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Benevate Inc. SAAS Subscription Agreement <br />c. Permissible Use. Company is permitted to use the Customer's name and logo solely for marketing or promoting the provided <br />services subject to terms and conditions of this Agreement. <br />d. Entire Agreement & Amendments. This Agreement is the complete and exclusive statement of the mutual understanding of the <br />parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating <br />to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, <br />except as otherwise provided herein. <br />e. Assignment. This Agreement is not assignable, transferable, or sub -licensable by either Party without the other Parties prior <br />written consent, except as such assignment, transfer or sublicense is in connection with a merger, acquisition, or similar change <br />of control event. <br />f. Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and the Parties do <br />not have any authority of any kind to bind the other Party in any respect whatsoever. <br />g. Force Majeure. Neither Party shall be liable hereunder by reason of any failure or delay in the performance of its obligations <br />hereunder (except for the payment of amounts due) to the extent caused by strikes, shortages, riots, insurrection, fires, flood, <br />storm, explosions, pandemics, acts of God, terror, war, governmental action, labor conditions, earthquakes, material shortages <br />or any other cause which is beyond the reasonable control of such party. Upon an occurrence of an event of force majeure, <br />Company cannot ensure uninterrupted or error free service or access to the Software or Services and there may be periods <br />where access is delayed, limited or unavailable. Company shall use commercially reasonable efforts to provide the Software <br />or Services to Customer in accordance with its Business Continuity and Disaster Recovery Plan a copy of which will be <br />provided upon written request. <br />h. This Agreement shall be governed and construed in all respects in accordance with the laws of the State of California <br />REMAINDER OF PAGE INTENTIONALLY LEFT BLANK — SIGNATURE PAGE FOLLOWS <br />