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905 712 6675 GLOBALSTAR CANADA 14:50: 14 11 -19-2008 7 /7 <br /> Service against any of the GUSA Parties the failure of either of the parties to enforce or <br /> requesting either award of damages in excess exercise any of the provisions of the Agreement, shall <br /> of those allowed by Section 6( c) or specific operate to waive any rights or remedies for any <br /> performance of any nature, regardless of subsequent breach or default, <br /> whether the action, claim, or demand Is stated <br /> in or based on tort, breach of contract, or (g ) If any term or condition or other provision <br /> breach of statute that creates or otherwise of the Agreement is held by any court or <br /> provides for civil liability, administrative body to be invalid or unenforceable in <br /> any respect, the invalidity or unenforceability of the <br /> 7 . Indemnity . You agree to indemnify , hold term or condition or other provision shall not <br /> harmless, and defend the GUSA Parties against any invalidate or otherwise affect any other term, <br /> claims resulting from or relating to Your breach of the condition, or provision of the Agreement . <br /> Agreement or misuse of the Globalstar Service or <br /> Globalstar Terminal or other equipment used in (h ) Notices required to be in writing under <br /> connection with the Globalstar Service . You agree to the Agreement shall be given , if by You, to GUSA in <br /> reimburse the GUSA Parties for any and all costs and writing by any means stated at <br /> reasonable attorneys' fees incurred by them in htte://alobalstarusa . com for contacting GUSH <br /> defending any of the indemnified claims. Customer Service in writing . Notices required to be <br /> in writing by GUSA may be given In any manner <br /> So General Provisions . expressly permitted under these General Terms with <br /> respect to such notice or, If none is stated, by first <br /> ( a ) Although you may authorize others to use class mall or by private courier service addressed to <br /> Your Terminal, You may not assign this Agreement, Your last known billing address, or by electronic <br /> or any of Your rights and obligations under the means addressed to Your fax number or e-mail <br /> Agreement, to any other person , firm, agency, address. All notices required to be in writing shall be <br /> corporation , or other legal entity without the prior effective when delivered as properly addressed . <br /> approval of GUSH. If You are a corporation , <br /> partnership , or limited liability company, You may <br /> assign this Agreement, Including Your obligations 5:\Globalstar\2007 GUSA Satellite Service Agreement.doc <br /> under it, pursuant to a sale of Your assets or a <br /> transfer of control of Your business. <br /> (b) The Agreement shall be binding upon and <br /> shall inure to the benefit of the parties and their <br /> permitted assigns. Except as expressly provided In <br /> Sections 6 and 7 with respect to the GUSA Parties, <br /> the Agreement has no third -party beneficiaries and <br /> does not confer any benefits or rights on or to any <br /> third person whatsoever. <br /> ( c) In addition to its rights stated In these <br /> General Terms, GUSA may pursue any other remedy <br /> available to it . All rights and remedies of GUSA are <br /> cumulative and not alternative, and GUSA's failure to <br /> exercise any right or remedy does not limits its rights <br /> or remedies with respect to any continuing or future <br /> default by You . <br /> ( d) The Agreement shall be governed by and <br /> interpreted under the laws of the State of Delaware <br /> without giving effect to conflicts of laws principles of <br /> Delaware law . <br /> ( e) The termination of the Agreement or the <br /> permitted assignment of a party' s Interest shall not <br /> affect or prejudice any Rights or obligations of either <br /> party that have accrued or arisen between them <br /> before termination under the Agreement. All such <br /> rights and obligations shall survive the termination of <br /> the Agreement. <br /> (f) Neither the waiver by either of the parties <br /> of a breach of or a default under the Agreement, nor <br /> GUSA REV . DEC 2007 - 5 - <br />