LAST UPDATED: July 1, 2021
The Terms (as defined in the TOU) are amended as follows:
Any provision in the Terms under which the Government Entity indemnifies Momentive are waived. The liability of the Government Entity for any breach of the Terms or any claim arising from the Terms shall be determined under the relevant State Tort Claims Act, or other state governing authority. The liability of Momentive for any breach of the Terms, or any claim arising from the Terms, shall be determined by applicable state law.
2. Governing Law.
If the law establishing or otherwise governing the Government Entity expressly requires the Government Entity to enter into contracts under a particular law and/or prohibits any choice of law provision imposing any law other than the law under which the Government Entity is authorized to act, then all “Governing Law” and “Jurisdiction” clauses in the TOU, and all other provisions related to dispute resolution are deleted. In lieu thereof, the Terms shall be governed, interpreted and enforced in accordance with the applicable laws of the Government Entity’s state and jurisdiction shall reside in the courts of such state. For the avoidance of doubt, in the absence of applicable law (and unless prohibited by law), the laws of the State of California will apply. The Government Entity and Momentive may, by mutual consent, elect to use alternative dispute resolution methods.
July 1, 2021 updates to April 6, 2014 version: