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16. TERMINATION

1. In the event that either party commits any material breach of any term, condition or covenant of this Agreement, and such breach is not remedied after receipt by the breaching party (the “Offending Party”) of a written notice detailing the breach from the other non-breaching party (the “Non-Offending Party”), the Non-Offending Party shall have the right to terminate this Agreement effective immediately upon the expiration of the thirty (30)- day notice period.

2. This Agreement may be terminated by either party in the event of the other party’s insolvency, bankruptcy or receivership by giving notice of such event and its intention to terminate this Agreement and if said insolvency, bankruptcy or receivership is not cured within thirty (30) days of said notice.

3. The Parties may mutually agree to terminate this Agreement in writing.

4. Upon the termination of this Agreement whether as a result of a material breach of this Agreement, by agreement of the Parties, upon the scheduled expiration of this Agreement, or for any other reason, all further obligations of the Parties hereunder shall cease, except those obligations that have accrued and remained unsatisfied as of such termination or expiration and those which by express provisions herein, survive the termination of this Agreement.

17. AMENDMENTS, MODIFICATIONS AND SUPPLEMENTS

Amendments, modifications and supplements to this Agreement will be binding on the Parties as of the date stated in any such amendment, modification or supplement, provided such amendments, modifications and supplements are in writing and signed by the Parties.

18. FORCE MAJEURE

If either party is prevented from performing or fulfilling any of its obligations hereunder by an act of God, governmental action, war, labor strikes, work stoppages, embargoes, shortages of goods or materials, civil unrest, interruption in transit, fire, storms or other unforeseeable acts, in each case, which are reasonably beyond the control of the party required to perform, such performance shall be suspended during said period of interruption but shall not be cancelled, except by either party if the suspension continues for more than one hundred eighty (180) days provided that a written notice of such cancellation is given to the other party.

19. INDEPENDENT CONTRACTOR

1. Nothing in this Agreement shall be construed to imply that the relationship between the Subscriber and the Service Provider is that of a partnership, joint venture, or that of a principal and agent. Neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party. The Parties hereto have entered into this Agreement solely as independent contracting parties, and no employer-employee relationship exists shall be deemed to exist between them.

2. Notwithstanding the provisions of this Agreement, under no circumstances shall any employee or subcontractor assigned by the Service Provider to provide the Subject Services to the subscriber be considered an employee or subcontractor of the Subscriber.

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