Last Updated: November 22, 2022
This Untappd Insights Customer Agreement (this “Agreement”), effective as of the date of first acceptance (the “Effective Date”), is by and between Next Glass, Inc. (“Next Glass”) and the Customer accepting this Agreement (“Customer”). Next Glass and Customer may be referred to herein collectively as the “Parties” or individually as a “Party.”
BY ACCESSING AND/OR USING THE UNTAPPD INSIGHTS WEBSITE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
A. Next glass provides certain software subscription, marketing, promotional and other business service offerings for customers across the alcoholic beverage industry.
B. Customer desires to retain Next Glass to provide such services, and Next Glass is willing to perform such services under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Next Glass and Customer agree as follows:
(a) Next Glass Services. Next Glass agrees to use commercially reasonable efforts to provide the reporting subscription services (“Subscription Services”) to Customer as selected and purchased from the Untappd Insights Report Catalog (each a “Purchase”).
(b) Updates. Next Glass may, in its sole discretion, issue updates, bug fixes or other changes to the Subscription Services (each an “Update”) to the extent such Update does not materially impair Customer’s use of the Subscription Services. Next Glass will use commercially reasonable efforts to notify Customer of an Update that may materially impair Customer’s use of the Subscription Services.
(c) Next Glass Representatives. Next Glass shall, in its sole discretion, designate employees and/or contractors to perform the Services set out in this Agreement. Next Glass will be responsible for any breach of this Agreement by its employees or contractors.
(d) Next Glass Data Products. Next Glass agrees to use commercially reasonable efforts to provide to Customer the data products selected from the Untappd Insights Report Catalog (“Data Products”).
(a) Grant of Rights to Subscription Services. Subject to compliance with this Agreement, Next Glass hereby grants to Customer a nonexclusive, nontransferable right, during the subscription term selected during the online purchase process, to allow users designated by Customer (“Authorized Users”) to access and use the Subscription Services solely for Customer’s internal business use.
(b) Grant of Rights to Data Products. Subject to compliance with this Agreement, Next Glass hereby grants to Customer a nonexclusive, nontransferable right, during the term selected during the online purchase process to access and use Data Products in accordance with the permitted use(s) set forth below in section 2(e) and always in compliance with applicable law (“Permitted Use”). Customer understands and agrees that any access, use, and/or disclosure of such Data Products which is not specifically authorized by the Permitted Use, whether direct, indirect, accidental, or otherwise, is strictly prohibited (each a “Prohibited Use”), including, without limitation, any Prohibited Uses(s) expressly identified below in section 2(f).
(c) Restrictions. Customer shall not use the Subscription Services or Data Products for any purposes beyond the scope of the access granted in this Agreement. Except as otherwise expressly set forth in this Agreement, Customer shall not, directly or indirectly, and shall not permit Authorized Users or any third party to: (i) copy, modify, or create derivative works of the Subscription Services or Data Products, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Subscription Services or Data Products; (iii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Subscription Services or Data Products or any software, documentation or data related to the Subscription Services or Data Products in whole or in part; (iv) remove any proprietary notices from the Subscription Services or Data Products; (v) use the Subscription Services or Data Products in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (vi) utilize the Subscription Services or Data Products to create, develop, enhance, or modify any competing product or service; or (vii) use Data Products for any Prohibited Use. Customer is responsible and liable for all uses of the Subscription Services and/or Data Products resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of its Authorized Users, and any act or omission by any such Authorized User that would constitute a breach of this Agreement if taken by Customer will be deemed a breach of this Agreement by Customer.
(d) Suspension. Next Glass may suspend Customer’s and/or any Authorized User’s access to any portion or all of the Subscription Services or Data Products if Next Glass reasonably determines that (a) there is a disruption, security risk, threat or attack on the Subscription Services or to any other customer or vendor of Next Glass; (b) Customer, or any Authorized User, is using the Subscription Services or Data products for fraudulent or illegal activities; (c) Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (d) Next Glass’s provision of the Subscription Services or Data Products to Customer or any Authorized User is prohibited by applicable law; (e) any vendor of Next Glass has suspended or terminated Next Glass’s access to or use of any third-party services or products required to enable Customer to access the Subscription Services or Data Products; or (f) Customer fails to timely pay any undisputed invoices.
(e) Permitted Use(s). Customer shall be permitted to use Data Products solely to be viewed, managed, processed, and/or manipulated solely by Customer’s employees and agents for use within Customer’s organization for sales, marketing, product development, and other general purposes.
(f) Prohibited Use(s): Customer shall not be permitted to share Data Products or access to Data Products with any other entity or use Data Products to create new business offerings which are or could become competitive with Next Glass.
(a) Fees. In consideration of the provision of Services and/or Data Products pursuant to a Purchase, Customer shall pay the fees set out in the applicable Untappd Insights Report Catalog at the time of purchase.
(b) Credit Card Payment Processing. If Customer and/or Authorized Users provide Next Glass with Customer’s credit card information, Customer hereby authorizes Next Glass to automatically charge the provided credit card(s) for all applicable charges. No chargebacks are available or permitted.
(c) Late Payments. Except for invoices that Customer disputes in good faith, all late payments shall bear interest at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Customer shall also reimburse Next Glass for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees and expenses. In addition to all other remedies available under this Agreement or at law (which Next Glass does not waive by the exercise of any rights hereunder), if the Customer fails to pay any undisputed amounts when due hereunder, then Customer will be in material breach of this Agreement and Next Glass may suspend the provision of any Services and/or terminate this Agreement in accordance with Section 9(c).
(d) Taxes. Customer shall be responsible for all sales, use, excise and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer hereunder; provided that, in no event shall Customer pay or be responsible for any taxes imposed on, or with respect to, Next Glass’s income, revenues, gross receipts, personnel, real or personal property or other assets.
(a) Nondisclosure. Each party (“Receiving Party”) shall not disclose, publish, or disseminate the Confidential Information (as defined below) of the other party (“Disclosing Party”) to anyone other than such Receiving Party’s employees and contractors with a need to know such Confidential Information, and who are bound by a written agreement to protect the confidentiality of such Confidential Information no less protective than the provisions of this Section 4, or as required by applicable law. Each party agrees to take the same measures used to protect its own Confidential Information of a similar nature, but in no event less than a reasonable degree of care, to prevent any unauthorized use, disclosure, publication, or dissemination of the other party’s Confidential Information. Each Receiving Party agrees to use and disclose the Disclosing Party’s Confidential Information for the sole purpose of carrying out such Receiving Party’s rights and obligations under this Agreement and shall be responsible and liable for all such usage and/or disclosure. Receiving Party may disclose Confidential Information if and to the extent that such disclosure is required by applicable law, regulation, or court order, provided that, as permitted by applicable law, Receiving Party (i) uses reasonable efforts, at Disclosing Party’s expense, to limit the disclosure by means of a protective order or a request for confidential treatment and (ii) provides Disclosing Party a reasonable opportunity to review the disclosure before it is made and to interpose its own objection to the disclosure.
(b) “Confidential Information” means confidential and proprietary information of a party, whether in oral, written or other form, which is marked “confidential” or “proprietary,” or which should reasonably be deemed to be confidential. Confidential Information does not include information that: (1) is now or subsequently becomes generally available to the public through no fault or breach of the Receiving Party; (2) the Receiving Party can demonstrate to have had rightfully in its possession prior to disclosure by the Disclosing Party; (3) is independently developed by the Receiving Party without the use of any Confidential Information of the Disclosing Party; or (4) the Receiving Party rightfully obtains such information form a third party without a breach of confidentiality.
(c) Return of Confidential Information. In addition to each party’s obligations upon the expiration or termination of this Agreement, upon either party’s request, the other party shall return all of the requesting party’s Confidential Information in its possession or under its control in accordance with the requesting party’s directions and shall not thereafter retain any copies of the other party’s Confidential Information.
(a) Customer Data, Aggregated Statistics and Application Monitoring. Except as set forth in this Agreement, Customer owns all right, title and interest in and to all data or other information made available to Next Glass by Customer or Authorized Users (“Customer Data”). By providing Customer Data to Next Glass, Customer represents and warrants that it has the right to do so and Next Glass has the right to use such Customer Data in the performance of its duties relating to the operation of the Services without violating and/or infringing upon the rights of any third party.
(b) License to Customer Data. Subject to the terms and conditions of this Agreement, Customer hereby grants to Next Glass a non-exclusive, non-transferable, non-sublicensable license to use Customer Data, including but not limited to Customer’s names, logos or other marks, solely to perform its rights and obligations under this Agreement.
(c) Services, Data Products. Customer acknowledges and agrees that the Services and Data Products, and any copies, updates, and/or derivative works thereof, along with the right to make, have made, practice, employ, exploit, use, develop, reproduce, copy, distribute copies, publish, license, and/or create works derivative of any of the foregoing, exclusively belong to and are the property of Next Glass. Customer further acknowledges and agrees that: (i) any Data Products and/or existing technology, methods, processes, techniques, software (including source code, object code and any portions thereof) content, ideas, information and related intellectual property (including without limitation all patent, copyright, trademark, trade secret and other intellectual-property or proprietary rights therein) of Next Glass, any derivatives or improvements to the foregoing created or developed by Next Glass (alone or with others), or otherwise any of the foregoing created, developed by or on behalf of Next Glass outside of this Agreement, that is later used in the performance of Services, or (ii) generally applicable tools, concepts, processes, models, techniques, software, and the like developed or created in connection with the Services without reliance on the Confidential Information of Customer exclusively belong to and are the property of Next Glass (the “Next Glass IP”). The parties agree that Next Glass will own all right, title and interest in and to the Next Glass IP. Except for the limited rights granted to Customer in this Agreement, all other rights, title and interest in the Next Glass IP are reserved by Next Glass.
(d) Aggregated Statistics and Application Monitoring. Notwithstanding anything to the contrary in this Agreement, Next Glass may monitor Customer’s and each Authorized User’s access and use of the Subscription Services and collect and compile meta-data, data and information related to Authorized User’s access and use of the Subscription Services that is and can be used by Next Glass for application monitoring, pricing, and Next Glass’s technology management purposes (“Application Monitoring Data”). The same data may be aggregated and anonymized to compile statistical and performance information related to the provision and operation of the Subscription Services (“Aggregated Statistics”). Further, Customer acknowledges that Next Glass may compile Aggregated Statistics based Customer Data. Customer agrees that Next Glass may (a) make Aggregated Statistics publicly available in compliance with applicable law, and (b) use Aggregated Statistics to the extent and in the manner permitted under applicable law, provided that such Aggregated Statistics do not identify Customer, any Authorized User, or Customer’s Confidential Information. Customer and each Authorized User hereby grant to Next Glass a non-exclusive, royalty-free, perpetual, irrevocable, transferrable, worldwide license to access, revise, reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as necessary for Next Glass to provide the Subscription Services to Customer, and a non-exclusive, perpetual, irrevocable, transferrable, royalty-free, worldwide license to access, revise, reproduce, distribute, and use and display Customer Data incorporated within the Aggregated Statistics. Customer acknowledges that, as between Customer and each Authorized User on the one hand, and Next Glass on the other hand, Next Glass owns all right, title, and interest, including all intellectual property rights therein, in and to the Aggregated Statistics, and Application Monitoring Data.
(a) Customer Indemnification. Customer shall indemnify, defend and hold harmless Next Glass, its affiliates, and its and their respective employees, principals, agents, licensors, successors and assigns from and against any and all costs, damages or losses (including reasonable attorneys’ fees and expenses) (collectively “Losses”) arising out of or resulting from a third party claim, demand, suit or proceeding (each, a “Claim”) (i) that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights; or (ii) based on Customer’s or any Authorized User’s gross negligence, willful misconduct, or violation of applicable law.
(b) Next Glass Indemnification. Next Glass shall indemnify, defend and hold harmless Customer, its employees, principals and agents from and against any Losses arising out of or resulting from any Claim (i) that the Subscription Services and or Data Products, when used in accordance with the terms of this Agreement, infringes or misappropriates such third party’s intellectual property right; or (ii) based on Next Glass’s gross negligence, willful misconduct, or violation of applicable law.
(c) Indemnification Procedure. The party seeking indemnification (the “Indemnified Party”), agrees to promptly notify the party against whom indemnification is sought (the “Indemnifying Party”) in writing following receipt of notice of any Claim, which notice shall assert such Claim and set forth in reasonable detail the basis for indemnification (such notice, the “Indemnification Notice”). The failure to so notify the Indemnified Party shall not relieve the Indemnifying Party of its obligations hereunder, except to the extent such failure shall have adversely prejudiced the Indemnifying Party. The Indemnifying Party shall be entitled to control such defense. If the Indemnifying Party does not assume control of such defense, the Indemnified Party shall have the right to control such defense at the Indemnifying Party’s reasonable expense. The party not controlling such defense may participate therein at its own expense. Each Party shall cooperate in the defense of any Claim. The Indemnifying Party shall obtain the prior written consent of the Indemnified Party before entering into any settlement of such Claim if the settlement does not release the Indemnified Party from all liabilities and obligations with respect to such Claim or the settlement imposes injunctive or other equitable relief against the Indemnified Party or involves an admission of fault or wrongdoing by an Indemnified Party.
(a) Mutual Warranties. Each party represents and warrants to the other that: (i) it has the requisite power and authority to execute and deliver this Agreement and perform its obligations herein: (ii) this Agreement has been duly authorized, executed, and delivered by each party, and is a legal, valid, and binding obligation of each party, enforceable against such party in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation, fraudulent conveyance and other similar laws and principles of equity affecting creditors’ rights and remedies generally; (iii) this Agreement does not violate, conflict with, result in a breach of the terms, conditions, or provisions of, or constitutes a default or an event of default under any other agreement to which such party is a party and (iv) such party will at all times comply with applicable law.
(b) Next Glass Warranties. Next Glass represents and warrants to Customer that it will perform and provide all Services in a professional and workmanlike manner in accordance with the Purchase(s) and applicable law.
(c) Disclaimer. OTHER THAN THE WARRANTIES SPECIFICALLY MADE IN THIS AGREEMENT, THE SERVICES AND DATA PRODUCTS ARE AVAILABLE “AS-IS” AND “AS-AVAILABLE.” NEXT GLASS AND ITS LICENSORS MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED OR ARISING OUT OF CUSTOM OR TRADE USAGE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES. EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, NEXT GLASS DOES NOT WARRANT THAT THE OPERATION OF THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT NEXT GLASS WILL CORRECT ALL DEFECTS. FURTHER, NEXT GLASS AND CUSTOMER ACKNOWLEDGE AND AGREE THAT NEXT GLASS DOES NOT AND CANNOT GUARANTEE ANY SPECIFIC BUSINESS OUTCOME OR RESULT FROM CUSTOMER’S USE OF THE SERVICES UNDER THIS AGREEMENT.
8. Limitation of Liability.
(a) Indirect Damages. EXCECPT FOR EACH PARTY’S INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMNT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) Direct Damages. EXCECPT FOR EACH PARTY’S INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO NEXT GLASS DURING THE LESSER PRIOR TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
(a) Term. This Agreement shall commence as of the Effective Date and continue until the completion of all Services detailed in any Purchase unless sooner terminated pursuant to this Section 9 (the “Term”).
(b) Termination. Either party may terminate this Agreement and/or any Purchase(s), effective upon written notice to the other party (the “Defaulting Party”), if the Defaulting Party: (i) materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within thirty (30) days after receipt of written notice of such breach; (ii) becomes insolvent or admits its inability to pay its debts generally as they become due; (iii) becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (iv) is dissolved or liquidated or takes any corporate action for such purpose; (v) makes a general assignment for the benefit of creditors; or (vi) has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
(c) Failure to Pay. Notwithstanding anything to the contrary in this Agreement, Next Glass may terminate this Agreement and/or any Purchase(s) before the expiration of the Term immediately upon written notice to Customer if Customer fails to pay any amount when due hereunder and such failure continues for ten (10) days after Customer’s receipt of written notice of nonpayment. If Customer’s failure to pay any amount due hereunder gives Next Glass the right to terminate this Agreement and/or any Purchase pursuant to the immediately preceding sentence, then Next Glass may, at its sole option, and without waiving such termination right, suspend performance under this Agreement and/or any Purchase and provide Customer with an opportunity to bring its payment obligations current.
(d) Effect of Termination. Upon expiration or earlier termination of this Agreement, Customer shall immediately discontinue all use of the Subscription Services and Customer shall immediately pay Next Glass all fees accrued through the effective date of termination under each terminated Purchase. Payment of this final invoice shall not bar any remedy, legal, equitable, or otherwise available to Next Glass, and no expiration or termination will affect Customer’s obligation to pay all fees that may have become due before such expiration or termination or entitle Customer to any refund.
(a) Entire Agreement. This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
(c) Notice. All notices, requests, consents, claims, demands, and waivers under this Agreement (each, a “Notice”) must be in writing and addressed to the other party at its address set forth below (or to such other address that the receiving party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all Notices must be delivered by email, personal delivery, nationally recognized overnight courier or certified or registered mail (in each case, return receipt requested, postage prepaid).
If to Next Glass:
Next Glass, Inc.
21 South Front Street
Wilmington, NC 28401
(d) Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
(e) Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each party.
(f) Waiver. No waiver by any party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
(g) Assignment. Customer shall not assign, transfer, delegate or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Next Glass. Any purported assignment or delegation in violation of this Section 10 shall be null and void. No assignment or delegation shall relieve Customer of any of its obligations under this Agreement. This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors and assigns.
(h) Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
(i) No Third-Party Beneficiaries. This Agreement benefits solely the parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
(j) Choice of Law. This Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of North Carolina, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of North Carolina.
(k) Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. Notwithstanding anything to the contrary in Agreement, a signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
(l) Force Majeure. Next Glass shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Next Glass including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of sixty (60) days, Customer shall be entitled to give notice in writing to Next Glass to terminate this Agreement.
(m) Survival. Any right or obligation of the parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive.