indirect, special or consequential costs or damages. This provision does not limit either party’s liability for: unauthorized use of intellectual property, intellectual property infringement indemnification obligations, breach of the other party’s Confidential Information, death or bodily injury caused by their negligence; acts of fraud; willful misconduct, willful repudiation of the HPA; nor any liability which may not be excluded or limited by applicable law.

1. Force Majeure. Neither party will be liable for performance delays or non-performance due to causes beyond its reasonable control, except for payment obligations, so long as performance is resumed as soon as reasonably practical.

2. Removal of Personally Identifiable Information. Franchisee is responsible for deleting any confidential information or personally-identifiable information before sending any Devices to HP for repair, replacement, or any other reason. HP is not responsible for any Franchisee data left on such Devices.

3. Choice of Law; Dispute Resolution. This Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws principles. If either party believes in good faith that the other party is in breach of this Agreement, it shall promptly inform the other party, and both Parties shall use reasonable efforts to promptly resolve such dispute. If such dispute or claim relating cannot be settled informally pursuant to this Section, the parties hereby irrevocably submit to the exclusive personal and subject matter jurisdiction of the state and federal courts located within the state in which the Franchisee is located. Notwithstanding the foregoing, either party may seek injunctive relief from any court of competent jurisdiction. In any action or proceeding arising out of this HPA, the prevailing party shall be entitled to recover costs and attorneys’ fees.

4. Notices. All notices required under this HPA will be in writing and sent to the addresses set forth on the cover page. In all cases, the notice will be sent with a copy to HP Inc. Global Legal Affairs, Attn: General Counsel 1501 Page Mill Road, Palo Alto, CA 94304 as applicable, and will be considered effective upon receipt.

5. Assignment. Neither party may assign this HPA in whole or part, without the prior written consent of the other.

6. Third Party Beneficiary. Except for IPC, HP and HP’s financing company, solely with respect to exercising and enforcing its interests under this HPA, this HPA is entered into solely between Franchisee and HP. This Agreement will not be enforceable by any other third party.

7. General. This HPA represents our entire understanding with respect to its subject matter and supersedes any previous communication or HPAs that may exist. Modifications to the HPA will be made only through a written amendment signed by both parties.