Section XVI: Waivers
If either of us decide not to exercise a right we agreed to here, it doesn’t change the contract permanently, but only applies to the one instance. It also doesn’t affect either of our abilities to exercise that right lated on.
The failure of either party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights, and no waiver by either party, whether written or oral, express or implied, of any rights under or arising from this Agreement shall be binding on any subsequent occasion; and no concession by either party shall be treated as an implied modification of the Agreement unless specifically agreed in writing.
Section XVII: Amendments
The contract can only be changed if we both agree to it on paper.
No amendment of, addition to or modification of this Agreement, whether prior to, during, or after the term of this Agreement, shall be effective unless reduced to writing and signed by the parties hereto.
XVIII. Governing Law
Section XVIII: Governing Law
The contract is governed by New York law and any legal issues must be taken up in New York, NY, USA.
This Agreement shall be interpreted according to the laws and statutes of the United States of America and of the State of New York, except that its conflicts of law provisions shall not apply. Any litigation relating to this Agreement shall be pursued in New York, New York, USA.
Section XIX: Severability
If any part of the contract is declared invalid for any reason it does not affect the validity of the rest of the contract.
In the event one or more clauses of this Agreement are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining provisions or portions of this Agreement.
XX. Entire Agreement
Section XX: Entire Agreement
This contract reigns king (or queen) over all written or verbal agreements between us that happened before this one.
This Agreement sets forth the entire agreement of the parties, and replaces and supersedes any previous agreement between the parties on the subject, whether oral or written, express or implied.
XXI. Limitation of Liability
Section XXI: Limitation of Liability
We can’t be held responsible for damages or anything else that amounts to a price higher than the total amount paid to you in royalty fees during the 12 months prior to any claim that is made. We also can’t be held responsible for indirect or consequential damages that arise from this agreement.
IN NO CASE SHALL PUBLISHER’S MAXIMUM LIABILITY ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED IN THE AGGREGATE, THE ACTUAL AMOUNTS REQUIRED TO BE PAID TO AUTHOR IN THE TRAILING TWELVE (12) MONTHS FROM THE DATE OF SUCH CLAIM THAT GIVES RISE TO ANY LIABILITY. IN NO EVENT SHALL PUBLISHER BE LIABLE FOR: (i) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF OPPORTUNITIES, LOSS OF DATA, OR LOSS OF USE DAMAGES, ARISING OUT OF THIS AGREEMENT.
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