VIII. Miscellaneous

A. You agree that in the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intention of the parties and the remainder of the provisions shall remain in full force and effect.

B. North Central Telephone Cooperative’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

C. You agree that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within 1 year after the claim or cause of action arises or such claim or cause of action is barred.

D. You agree that this Agreement is personal to you and you shall not assign your right herein.

E. You agree that upon notice published over the Service, North Central Telephone Cooperative may modify this Agreement, including but not limited to its prices and charges for the Service, and may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice.

F. You agree that the terms for payment are net 20 days in the currency in which billed. If any payment due hereunder is not made by you within 20 days after the invoice date, you agree to pay late charges of 10% per month with respect to such payment.