Miscellaneous

1. No waiver by Energy8 of any breach of any provision of this Agreement (including the failure of Energy8 to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.

2. Nothing in this Agreement shall create or confer any rights or other advantages in favour of any third parties which not party to this Agreement.

3. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and Energy8.

4. Energy8 may assign, transfer, charge, sub-license, or otherwise deal in or subcontract any of its rights and obligations under this Agreement, to any other party.

5. This Agreement constitutes the entire understanding and agreement between you and Energy8 regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and Energy8.