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<br />PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. <br />THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. <br /> <br />GENERAL OBLIGATIONS <br />We are responsible only for performing the Services expressly provided for in this <br />Booklet. We may contract with an outside vendor in providing any of these Services. <br /> <br />With respect to any Service, we will provide you with assistance by telephone at the <br />numbers and during the hours specified by us in writing from time to time. <br /> <br />. <br />1 <br /> <br />You are responsible for maintaining the security of your data and ensuring that it is <br />adequately backed.up. We are not responsible for your loss of your data. <br /> <br />ORAL INSTRUCTIONS <br />Except as otherwise provided in this Booklet with respect to compliance with any <br />applicable Security Procedure, we may rely on oral instructions from any person who <br />identifies himself or herself by a name which is included on a written list from you of <br />persons authorized to give such instructions. You will update this list from time to time <br />as necessary to reflect any changes in authorized persons. Except as otherwise expressly <br />stated in this Booklet, we are not required to act on any instruction from any person or to <br />give notices to any person. <br /> <br />SEVERABILITY; NO WAIVER <br />If any provision of this Booklet or the application of any such provision to any person or 1 <br />set of circumstances is determined to be invalid, unlawful, void or unenforceable to any <br />extent, the remainder of this Booklet, and the application of such provision to persons or <br />circumstances other than those as to which it is determined to be invalid, unlawful, void <br />or unenforceable, are not impaired or otherwise affected and continue to be valid and <br />enforceable to the fullest extent permitted by law. <br /> <br />No delay or failure to exercise any right or remedy under this Booklet is deemed to be a <br />waiver of such right or remedy. No waiver of a single breach or default under this Booklet <br />is a waiver of any other breach or default. Any waiver under this Booklet must be in <br />writing. <br /> <br />GOVERNING LAW <br /> <br />Except as otherwise expressly provided in this Booklet for a particular Service, with <br />respect to each Service, this Booklet is governed by and interpreted according to (i) U.S. <br />federal law and (ii) the law of (A) the state in the United States of America in which the <br />account (or the principal account, in the case of multiple accounts) associated with such <br />Service is located or, if there is no such state or no account associated with such Service, <br />(B) the State of New York, without reference to the principles of conflicts of law of the <br />U.s. and of such state. <br /> <br />If you are headquartered, or are using a Service, outside the United States of America, <br />and if requested by us, you must appoint an agent for service of process in England, <br />Hong Kong, Singapore and/or the United States of America, and you irrevocably agree <br /> <br />III <br />