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applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the exclusions and limitations set forth above may not apply.
9. Termination. Transcend may, in addition to any other remedies available to Transcend,
terminate this Agreement immediately if Customer breaches any of its obligations under this
Agreement.
10. Miscellaneous. (a) This Agreement constitutes the entire agreement between Transcend and
Customer concerning the subject matter hereof, and it may only be modified by a written
amendment signed by an authorized executive of Transcend. (b) Except to the extent applicable law,
if any, provides otherwise, this Agreement will be governed by the law of the Republic of China,
excluding its conflict of law provisions. (c) If any part of this Agreement is held invalid or
unenforceable, and the remaining portions will remain in full force and effect. (d) A waiver by either
party of any term or condition of this Agreement or any breach thereof, in any one instance, will not
waive such term or condition or any subsequent breach thereof. (e) Transcend may assign its rights
under this Agreement without condition. (f) This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.
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