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A TRUE COPY CERTIFICATION ON LAST PAGE RYAN l.. BUTLER, CLERK a. Either party's failure at any time to require strict compliance by the other party of the provisions of this Agreement will not diminish such party's right thereafter to demand strict compliance therewith or with any other provision. Waiver of any default will not waive any other default. b. All disputes with respect to this Agreement will be determined in accordance with the laws of the State of Alabama, without giving effect to any principles of conflict of law, and the competent courts Alabama will have exclusive jurisdiction of any such dispute. c. In the event that any provision of this Agreement will be deemed unlawful or otherwise unenforceable, such provision will be severed from this Agreement and all other provisions of the Agreement will continue in full force and effect. d. This Agreement contains and sets forth the entire agreement and understanding between the parties with respect to the subject matter contained herein, and as such supersedes all prior discussions, agreements, representations, and understandings in this regard. This Agreement will not be modified except by an instrument in writing signed by both parties. e. Provisions intended to survive the termination of this Agreement, will so survive. f. Each notice and/or demand given by one party to the other pursuant to this Agreement will be given in writing and will be sent by registered mail or delivered by hand to the other party at the addresses set forth above, and such notice and/or demand will be deemed given at the expiration of 3 days from the date of mailing by registered mail or immediately if delivered by hand. Such address will be effective unless notice of a change in address is provided by registered mail to the other party. g. This Agreement may be executed in counterparts, which may be faxed counterparts, each of which, when so delivered, will be deemed an original and, together, an original instrument. 10. Disclaimers. a. Customer recognizes its own responsibilities herein with respect to its cybersecurity program. Customer acknowledges that it must participate in its own defense and work with OTM CYBER to create a prioritized, flexible, repeatable, performance-based, and cost-effective approach, including information security measures and controls, to establish an ongoing process to identify, assess, and manage cyber risk throughout Customer's network. b. Customer acknowledges that OTM CYBER is not responsible for customer's use of or response to alerts or reports from the OTM CYBER Optimized Threat Management Services and that customer maintains sole liability for the cybersecurity maintenance of its digital infrastructure.