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16 Partial Invalidity. If any provision of this Agreement is ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, the validity and enforceability of all provisions of this Agreement not ruled to be invalid or unenforceable will be unaffected. 17 Modification;Waiver. This Agreement may not be modified or amended except in writing signed by the parties. No term or condition of this Agreement may be waived except in writing signed by the party charged with waiver. A waiver will operate only as to the specific term or condition waived and will not constitute a waiver for the future. 18 Notice. All notices and other communications required or contemplated herein will be in writing and delivered either by(i)personal delivery;(ii)expedited messenger service;(iii)postage prepaid return receipt requested certified mail;or(iv)facsimile and confirmed by postage prepaid U.S.certified mail,addressed to the party or parties for whom it is intended, at the addresses first written above or such other address as the intended recipient previously has designated by written notice to the sender. 19 Governin2 Law. This Agreement will be governed exclusively by the laws of the State of California, without regard to its conflict of laws provisions. 20 Third Party Beneficiaries. None of the provisions of this Agreement is intended by the parties,nor shall they be deemed,to confer any benefit on any person not a party to this Agreement. 21 Independent Contractors. The relationship of the parties hereunder will be one of independent contractors and not that of a franchise,joint venture or employer. Neither party will have, and neither of them will represent to any other person that it has, any power, right or authority to bind the other, or to assume create, any obligation or responsibility, express or implied, on behalf of the other, except as expressly provided by this Agreement or as otherwise permitted in writing signed by both parties. 22 Entire Agreement.This Agreement and its schedules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior agreements between the parties,written, oral or implied with respect to the subject matter hereof. The terms of any customer-provided purchase order or invoice concerning any product or service provided hereunder will not serve to replace,modify or supersede the terms of this Agreement. The terms of this Agreement shall prevail for any and all purposes. 23 Headines. Headings are included in this Agreement for convenience only and are not to be deemed to be part of this Agreement. The interpretation of this Agreement will not be affected by any heading herein. 24 Force Maieure. In the event an act of government,war, fire, flood, act of God, power shortages or blackouts, breakdown of telephone lines and services, failure of the Internet, or other causes beyond the reasonable control of Cassidian Communications prevents Cassidian Communications from performing in accordance with the terms of this Agreement,such nonperformance shall be excused and shall not be considered a breach or default for so long as such conditions prevail. 25 Licensee hereby provides its consent to be identified as a customer in sales announcements or other marketing material generated by Cassidian Communications from time to time during the term of this Agreement. Dialog' mmunications Co oration,dba Cassidian Comm nic 'ons By: Title: NJ J Date: r - f Licensee-LivermoVDepartment itl Date: