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Attention: Any notice given by personal delivery (including courier) will be conclusively deemed to have been given on the day of actual delivery thereof and, if given by facsimile, on the day of transmittal thereof if given during the normal business hours of the recipient on a business day, and on the business day during which such normal business hours next occur if not given during such hours. 10.4 Assignments. This Agreement may not be assigned by either party without the prior written approval of the other party, such approval not to be unreasonably withheld or delayed, but may be assigned by PerfectMlND to (i) a parent or subsidiary; (ii) an acquirer of assets; or (iii) a successor by merger, on written notice to Customer. Any purported assignment in violation of this section shall be void. 10.5 Applicable Law. This Agreement will be governed by and construed in accordance with the laws of the State of California without reference to conflict of laws principles, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Platform shall be subject to the exclusive jurisdiction of the courts of Alameda County,California, to which the parties hereby irrevocably attorn. 10.6 Force Majeure. Neither party shall be liable for damages for any delay or failure of delivery arising out of an event of Force Majeure. 10.7 Waivers. No right under this Agreement will be deemed to be waived except by notice in writing signed by the party waiving its right, and any such waiver will not prejudice its rights in respect of any subsequent breach of this Agreement by the other party. Any failure by a party to enforce any clause of this Agreement or right contained in it, or any forbearance, delay or indulgence granted by a party to the other party, will not be construed as a waiver of the first- mentioned party's rights under this Agreement. 10.8 No Presumption.No presumption shall operate in favour of or against any party hereto as a result of any responsibility that any party may have had for drafting this Agreement. 10.9 Remedies Cumulative. The remedies accorded herein to each of the parties are cumulative and in addition to those provided at law or in equity, and may be exercised separately, concurrently, or successively 10.10 Enurement. This Agreement will enure to the benefit of and be binding upon the parties and their successors, trustees,permitted assigns and receivers. 10.11 Injunctive Relief. Each party acknowledges and agrees that a breach by it of the provisions of this Agreement relating to Confidential Information, Intellectual Property Rights, or restrictive obligations may result in immediate and irreparable harm to the other party for which compensation would be an inadequate remedy. Accordingly, each party acknowledges and agrees that the other party may seek, as a matter of right and without the necessity of establishing the inadequacy of monetary damages, injunctive or other equitable relief to prevent or remedy such conduct from any court of appropriate jurisdiction. 19