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expressly incorporated herein by reference and made a part of this License Agreement. <br /> 8. TERM AND TERMINATION <br /> (a) The term for each Library Account's access to the Blackstone Unlimited service shall be for <br /> a period of twelve (12)months, unless otherwise agreed by Blackstone and such Library Account. <br /> Such Library Account obtains certain rights and access to use the Digital Content and Blackstone <br /> Unlimited service for the term of its agreement with Blackstone. The License granted to such <br /> Library Account shall be terminated at the end of such term, unless renewed or extended by the <br /> mutual agreement of Blackstone and such Library Account in a signed writing, along with such Library <br /> Account's access to the Blackstone Unlimited service and any and all Digital Content,and such Library <br /> Account shall make no further use of all or any part of the Digital Content and the Blackstone Unlimited <br /> service. <br /> (b) In the event of a breach of any of its obligations, including but not limited to non-payment <br /> or late payment for services, each Library Account shall have thirty (30) days from the receipt of <br /> written notice of such breach from Blackstone to cure such breach. If the Library Account fails to <br /> remedy such breach within such 30-day period, Blackstone may, at its option and in its sole <br /> discretion,terminate its agreement with such Library Account upon written notice to such Library <br /> Account and/or temporarily or permanently suspend such Library Account's access to the <br /> Blackstone Unlimited service. <br /> (c) For avoidance of doubt, Blackstone, in its sole and absolute discretion, has the right to <br /> modify,edit,change or remove any Digital Content available on the Blackstone Unlimited Service. <br /> Blackstone shall provide Library Account with written notice of its intention to remove Digital <br /> Content from the Blackstone Unlimited Service. <br /> 9. GENERAL PROVISIONS <br /> (a) This Agreement shall be governed by the laws of the State of California without regard to <br /> conflict of laws. The validity, interpretation,performance, and enforcement of any of the clauses <br /> of this Agreement shall be determined and governed by the laws of the State of California. Both <br /> parties further agree that Orange County, California, shall be the venue for any action or <br /> proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. <br /> (b) In the event that there is a binding legal determination that any portion of this License <br /> Agreement is unenforceable, void, invalid or inoperative, the remaining provisions of this License <br /> Agreement shall not be affected and shall continue in effect as though such invalid provisions were <br /> deleted. <br /> (c) Neither Blackstone nor the licensors of the Licensed Content will be liable or deemed to <br /> be in default of this License Agreement for any delays or failure in performance resulting directly <br /> or indirectly from any cause or circumstance beyond its reasonable control, including but not <br /> limited to acts of God, war, riot, embargoes, acts of civil or military authority, rain, fire, flood, <br /> accidents, earthquake(s), strikes or labor shortages, transportation facility shortages, failures of <br /> equipment, or failures of the Internet. <br /> Page 4 of 6 <br />