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c) The content or delivery of any marketing messages that you send or cause to be sent to any <br />Customer phone number or email address collected through the use of the Clover Service; or <br />d) Any other party's access and/or use of the Clover Service with your unique username, <br />password, or other appropriate security code. <br />The Client's liability shall be only: to the extent allowed by and within the limits of liability provided by <br />section 768.28, Florida Statutes, and shall not otherwise be deemed a waiver of sovereign immunity of <br />either party. <br />43.5.2. In addition to the indemnification obligations in the Agreement, Client agrees to indemnifyand <br />hold harmless Servicers from and against all losses, liabilities, damages, and expenses (including <br />reasonable attorneys' fees and collection costs) resulting from third party claims related to any acts or <br />omissions of Client in connection with any GeP Sales Transaction or other GeP transaction, including any <br />alleged misrepresentation or deceptive or unlawful trade practice, a violation of applicable law or the <br />Card Organization Rules, or a breach of any of Client's obligations under this Section. Any limitations on <br />Client's liability which may be specified in the Agreement shall not be applicable to Client's <br />indemnification obligation set forth in the preceding sentence. The Client's liability shall be only to the <br />extent allowed by and within the limits of liability provided by section 768.28, Florida Statutes, and shall <br />not otherwise be deemed a waiver of sovereign immunity of either party. <br />44.1 Choice of Law. Choice of Law. Our Agreement shall be governed by and construed in accordance <br />with the laws of the State of #ewYerk Florida (without regard to its choice of law provisions). <br />44.2. Venue. - <br />under this Agreement are provided from these facilities. The exclusive venue for any actions or claims <br />arising under or related to this Agreement shall be in the appropriate state or federal court located <br />in the Southern District of Florida. <br />148 <br />