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26.4 In the event of a conflict between this Data Processing Addendum and the Standard Contractual Clauses, the Standard Contractual Clauses shall prevail.
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27.0 General
27.1 Nothing in this Agreement renders you as our partner, legal representative, agent, or joint venturer.
27.2 Nothing in this Agreement will prevent us from seeking injunctive relief with respect to a violation of Intellectual Property Rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
27.3 You must not assign, transfer or novate, directly or indirectly, any of the rights or obligations under this Agreement without our prior written consent (such consent not to be unreasonably withheld). Any attempt to make any such assignment without our consent shall be null and void. We may assign, transfer or novate this Agreement without your consent. We may at any time assign, novate or otherwise dispose of or deal with our rights and obligations under this Agreement by notice in writing to you and you give us prospective authority to a future assignment and/or novation to be effectuated by us unilaterally.
27.4 Each party must promptly execute all documents and do all other things reasonably necessary or desirable to give effect to the arrangements recorded in this Agreement.
27.5 Neither this Agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for its drafting.
27.6 A right created by this Agreement cannot be waived except in writing signed by the party entitled to that right. Delay by a party in exercising a right does not constitute a waiver of that right, nor will a waiver (either wholly or in part) by a party of a right operate as a subsequent waiver of the same right or of any other right of that party.
27.7 Each party must promptly execute all documents and do everything necessary or desirable to give full effect to the arrangements contained in this Agreement.
27.8 If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from this Agreement without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses), which will continue in full force and effect.
27.9 The expiration or termination of this Agreement does not affect any right that has accrued to a party before the expiration or Termination Date.
27.10 This Agreement may be executed in any number of counterparts. All counterparts taken together constitute one instrument.
27.11 Each party must pay its own legal costs and disbursements in connection with the negotiation, preparation, execution and carrying into effect of this Agreement.
27.12 The laws of New South Wales govern this Agreement. To the extent permitted by law, such governing law governs all matters arising out of or relating to this Agreement or its performance or subject matter, including its execution and formation.
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28.0 Notices
28.1 A notice or other communication given under this agreement must be in writing, in English and signed by the sender, addressed and delivered to the intended recipient by hand, prepaid post or email in accordance with the notice details last notified by the recipient to the parties.
28.2 A party may change its notice details by written notice to the other parties.
28.3 A notice or communication is taken as having been given:
(a) when left at a party’s current address for notices;
(b) if mailed, on the third Business Day after posting (if delivered to an address within the same country) or on the tenth Business Day after posting (if delivered to an address within another country); or
(c) if sent by email, if sent before 5 pm on a Business Day in the place of receipt then on the Business Day when it is sent, otherwise on the following Business Day (unless the party giving the notice receives notice that delivery of the notice failed or that the recipient is ‘out of office’).
28.4 This clause does not limit the way in which a notice can be deemed to be served under any law.