(i) Independent Contractors. The Parties are independent contractors and will so represent themselves in all regards. Nothing herein shall be deemed to create the relationship of employer-employee, agency, joint venture or partnership or any other fiduciary relationship between the parties or between either of the parties and any third party; (
ii) No Waiver. No waiver, forbearance, indulgence or consent by either Party to deviate from the provisions of this Agreement shall operate as a waiver of any subsequent right and no analogy shall be made from any such waiver, forbearance, indulgence or consent to any subsequent event;
(iii) assignment. Neither this Agreement nor any rights or obligations of Referrer hereunder shall be assignable or transferable by Referrer in whole or in part, without the prior written consent of the Company. Any attempted assignment, subcontract or other transfer of this Agreement or any of Referrer ‘s rights or obligations hereunder will be void ab initio and will be considered a material breach of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns;
(iv) Notices and service. The parties irrevocably agree that any document sent via e-mail to the Parties’ authorized representatives contacts or to other such individuals as either Party may specify in writing, shall be lawfully served, and no additional service will be required. The parties shall not raise any objection or claim in respect to such service.
(v)Amendments. Except as otherwise specifically stated under this Agreement, no modification or other amendment to this Agreement shall be valid unless reduced to writing and signed or acknowledged by authorized representatives of both Parties.
(vi) Conflict in Terms. In the event of any conflict or inconsistency between these terms and conditions and any terms or conditions set forth in any other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail.
(vii) Force Majeure. Neither Party shall be liable for any delay or failure in performance due to events outside the defaulting Party’s reasonable control, including, without limitation, acts of God, disasters, terrorism, fire, or other circumstances beyond its reasonable control. The obligations and rights of the defaulting Party shall be extended for a period equal to the period during which such event prevented such Party’s performance.
(viii) Entire Agreement. This Agreement, the Addendums hereto and any attachments to this Agreement (referred from the Agreement), constitute the full and entire understanding and agreement between the Parties with regard to the subject matters hereof, and supersede all prior agreements and understandings, both written and oral, among any of the parties hereto, with respect to the subject matter hereof (with no concession being made as to the existence of any such prior agreements or understandings).