provided that, to the extent it is legally permitted to do so, it gives the other Party as much prior notice of such disclosure as possible and takes into account any reasonable requests of the other Party in relation to the form and content of such disclosure; or
and unless otherwise agreed between the Parties: (i) Fluidly may enforce its rights under the Terms of Services in relation to any actual breach; and (ii) the Customer may enforce its rights in relation to any actual breach of any Client Agreement. The parties shall discuss in good faith and use reasonable endeavours to agree a mutually acceptable approach before either party exercises its rights under this clause 5.3.
is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
The time is now