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Docusign Envelope ID; EB0F4108-19FB-44B0-8388-21F424553A38 <br /> be responsible for the actions of all such employees, consultants, contractors and <br /> agents. <br /> 38. Hosting Provider. <br /> Versaterm may change its third party hosting provider("Hosting Provider") at any time. <br /> Customer's use of the Licensed Materials is subject to any applicable restrictions <br /> imposed by the Hosting Provider. Notwithstanding any other provision of this MSA, <br /> Versaterm shall not be liable for any problems, failures, defects or errors with the <br /> Licensed Materials to the extent caused by the Hosting Provider. Customer <br /> acknowledges that the Fees payable for the Licensed Materials reflect the fact that <br /> Versaterm is not responsible for the acts and omissions of the Hosting Provider. <br /> 39. Language. <br /> The Parties have expressly required that this MSA and all documents and notices <br /> relating hereto be drafted in English. Les parties aux presentes ont expressement <br /> exige que la presente convention et tour les documents et avis qui y sont afferents <br /> soient rediges en anglais. <br /> 40. Publicity/Press Releases. <br /> Versaterm may reference the existence of this MSA and the business relationship <br /> between the Parties for the purposes of: (a) issuing press releases to announce the <br /> beginning or continuation, as applicable, of the business relationship between the <br /> Parties; or(b) referencing Customer as a customer of Versaterm including in Versaterm's <br /> customer list and other marketing materials. <br /> 41. Counterparts, <br /> This MSA, any Service Schedule and any SOW or part thereof or attachment thereto <br /> may be executed in any number of counterparts and by exchange of signature pages by <br /> electronic mail or by any other electronic means. Each executed counterpart will be <br /> deemed to be an original. All executed counterparts taken together will constitute one <br /> agreement. The execution of this MSA, any Service Schedule or SOW by electronic mail <br /> or by any other electronic means shall be deemed to constitute effective execution of this <br /> Agreement as to the parties hereto. Such electronic signatures may be used by the <br /> parties in lieu of the original signature pages] of this MSA, any Service Schedule or SOW <br /> for any and all purposes. <br /> 42. United Nations. <br /> Pursuant to Article 6 of the United Nations convention on contracts for the International <br /> Sale of Goods ("UN Convention"), the Parties agree that the UN Convention shall not <br /> apply to this MSA. <br /> 43. Extending pricing <br /> Septcmber 2024—v404092024 Page 22 of 24 <br />