29 - Internet Services Agreement

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22. MEDIATION ANY DISPUTE ARISING UNDER THIS MASTER AGREEMENT SHALL, PRIOR TO THE INITIATION OF ANY SUIT, BE SUBMITTED TO MEDIATION. THE PARTIES WILL COOPERATE IN SELECTING A QUALIFIED MEDIATOR FROM A PANEL OF NEUTRAL MEDIATORS HAVING EXPERIENCE IN THE TELECOMMUNICATIONS AND BROADBAND INTERNET INDUSTRY. THE PARTIES SHALL SHARE EQUALLY IN THE COSTS OF MEDIATION. ANY DISPUTE THAT CANNOT BE RESOLVED THROUGH MEDIATION WITHIN NINETY (90) DAYS OF SUBMITTING THE DISPUTE TO MEDIATION, MAY BE RESOLVED BY APPLICABLE LEGAL PROCESS. 23. MISCELLANEOUS a. This Master Agreement shall be governed and construed in accordance with applicable federal law or the laws of the state where Customer receives Service(s) from Vyve. b. In the event that any portion of this Master Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties set forth herein and the remainder of this Master Agreement shall remain in full force and effect. c. No waiver of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. d. Customer may not assign this Master Agreement without the prior written consent of Vyve, and any assignment in violation of this Section shall be null and void. Vyve may assign its rights and obligations under this Master Agreement including, without limitation, in whole or in part, to any affiliate without the prior written approval of or notice to Customer. Customer understands and agrees that, regardless of any such assignment, the rights and obligations of Vyve herein may accrue to, or be fulfilled by, any affiliate, as well as by Vyve and/or its subcontractors. e. Neither party may not issue a press release, public announcement or other public statements regarding this Master Agreement without the other party's prior written consent. Page 16 of 24