Common use of Argentina Clause in Contracts

Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Xxxxxxx Xxxxxxxxxx 000, 35th Floor, offices 102 & 103, C1008 CABA, Argentina, and the following terms apply: (a) the Governing Law will be the laws of the Republic of Argentina; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and (e) the second sentence of the “Notices” section of the General Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xxxxxxx Xxxxxxx 0000, 00xx Xxxxx, X0000 XXX Xxxxxx Xxxxx, Xxxxxxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and (g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 7 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and (h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”

Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Xxxxxxx Xxxxxxxxxx 000, 35th Floor, offices 102 & 103, C1008 CABA, Argentina, and the following terms apply: (a) the Governing Law will be the laws of the Republic of Argentina; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and (e) the second sentence of the “Notices” section of the General Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xxxxxxx Xxxxxxx 0000, 00xx Xxxxx, X0000 XXX Xxxxxx 00/00 (X0000XXX), Xxxxxx Xxxxxxxx xx Xxxxxx Xxxxx, Xxxxxxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and (g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 7 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and (h) the definition of CPI in the Agreement is inapplicable and subsection all instances of the phrase “increased by the greater of CPI and five percent (a) of 5%)” in the “Additional Technical Support Terms” section of the Services Terms is are deleted and replaced with the following: “(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”in their entirety.

Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Xxxxxxx Xxxxxxxxxx 000, 35th Floor00xx Xxxxx, offices 102 xxxxxxx 000, 000 & 103000, C1008 CABAX0000 XXXX, ArgentinaXxxxxxxxx, and the following terms apply: (a) the Governing Law will be the laws of the Republic of Argentina; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In We and our affiliates will only be liable for damages solely and directly arising from our or our affiliates’ breach of this Agreement, and in no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise notednoted in any order or as provided in the “Term and Termination” section of this Agreement, all orders are firm and not subject to cancellation, return, refund or offset by you”; and (e) the second sentence of the “Notices” section of the General Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xxxxxxx Xxxxxxx 0000, 00xx Xxxxx, X0000 XXX Xxxxxx 00/00 (X0000XXX), Xxxxxx Xxxxxxxx xx Xxxxxx Xxxxx, Xxxxxxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and (g) Section 5 the “Renewal of Enterprise Platform Term Licenses” section of the “Enterprise Platform License Terms,, the “Renewal of Cloud Platform Term Licenses” Section 5 section of the “Cloud Platform License Terms,, and the “Renewal of MCE Service” and Section 7 section of the “MicroStrategy Cloud Environment Service Terms” Terms are inapplicable; and (h) the definition of CPI in the Agreement is inapplicable and subsection all instances of the phrase “increased by the greater of CPI and five percent (a) of 5%)” in the “Additional Technical Support Terms” section of the Services Terms is are deleted and replaced with the following: “(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”in their entirety.

Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Xx. Xxxxxxx Xxxxxxxxxx 000X. Xxxx 1134, 35th Floor13th floor, offices 102 & 103Ciudad Autónoma de Buenos Aires, C1008 CABAC1001AAT, Argentina, and the following terms apply: (a) the Governing Law will be the laws of the Republic of Argentina; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and (e) the second sentence of the “Notices” section of the General Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx Xxxxxxx 0000X. Xxxx 1134, 00xx Xxxxxpiso 13, X0000 XXX Xxxxxx XxxxxCiudad Autónoma de Buenos Aires, XxxxxxxxxC1001AAT, Argentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and (g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 7 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and (h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”

Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Xxxxxxx Avxxxxx Xxxxxxxxxx 000, 35th Floor00xx Xxxxx, offices 102 xxxxxxx 000, 000 & 103000, C1008 CABAX0000 XXXX, ArgentinaXxxxxxxxx, and the following terms apply: (a) the Governing Law will be the laws of the Republic of Argentina; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In We and our affiliates will only be liable for damages solely and directly arising from our or our affiliates’ breach of this Agreement, and in no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise notednoted in any order or as provided in the “Term and Termination” section of this Agreement, all orders are firm and not subject to cancellation, return, refund or offset by you”; and (e) the second sentence of the “Notices” section of the General Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xxxxxxx Avxxxxx Xxxxxxx 0000, 00xx Xxxxx, X0000 XXX Xxxxxx 00/00 (X0000XXX), Xxxxxx Xxxxxxxx xx Xxxxxx Xxxxx, Xxxxxxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and (g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 7 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and (h) the definition of CPI in the Agreement is inapplicable and subsection all instances of the phrase “increased by the greater of CPI and five percent (a) of 5%)” in the “Additional Technical Support Terms” section of the Services Terms is are deleted and replaced with the following: “(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”in their entirety.

Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Xx. Xxxxxxx Xxxxxxxxxx 000X. Xxxx 0000, 35th Floor13th floor, offices 102 & 103Ciudad Autónoma de Buenos Aires, C1008 CABAC1001AAT, Argentina, and the following terms apply: (a) the Governing Law will be the laws of the Republic of Argentina; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and (e) the second sentence of the “Notices” section of the General Xxxxx Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx Xxxxxxx X. Xxxx 0000, 00xx xxxx 00, Xxxxxx Xxxxxxxx xx Xxxxxx Xxxxx, X0000 XXX Xxxxxx XxxxxX0000XXX, Xxxxxxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and (g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 7 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and (h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”