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2033 Oak Industrial Dr. NE, Grand Rapids, MI 49505 www.terryberry.com REV: 08-05-26 VR 34/36 10.8.Waivers; Amendments. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion. This Agreement may be amended only by a written document signed by duly authorized representatives of each Party. Notwithstanding anything to the contrary herein or elsewhere, Terryberry may amend this Agreement from time to time by posting an amended version at its website, available at www.terryberry.com/legal/terms-and-conditions/. Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives Terryberry written notice of rejection of the amendment. In case of such rejection, this Agreement will continue under its original provisions, and the amendment will become effective at the start of Customer’s next renewal term following the Proposed Amendment Date (unless this Agreement is earlier terminated in accordance with its provisions). Customer’s continued use of the SaaS Product following the effective date of an amendment will confirm Customer’s consent thereto. 10.9.Severability. If a court of competent jurisdiction holds any provision, or part of any provision, of this Agreement to be illegal or invalid, the provision, or the affected part of such provision, shall be null and void and deemed automatically severed from this Agreement. Any such holding shall not affect the legality or validity of the remaining provisions or remaining parts or unaffected provisions of this Agreement. 10.10.Relationship of The Parties. The relationship between the Parties is that of independent contractors only, and nothing in this Agreement shall be interpreted or construed to create a partnership, joint venture, employer-employee, or agency relationship, or any other relationship between the Parties, other than that of independent contractors. Neither Party shall have the power to obligate the other Party in any manner whatsoever unless expressly provided in this Agreement. 10.11.Counterparts. The Order may be executed in counterparts, each of which shall be considered an original, but all of which together shall constitute one and the same instrument. The exchange of a fully executed Agreement or Order (in counterparts or otherwise) by fax, .pdf, .pic, .tif, .jpg, other legible image file or by widely accepted electronic signature SaaS Products (ex. DocuSign) shall be sufficient to bind the Parties to the terms and conditions of this Agreement. 10.12.Entire Agreement. This Agreement constitutes the entire Agreement between the Parties regarding this matter, and they supersede all prior discussions or Agreements related to the same. Should Customer utilize a purchase order (or other form which includes additional terms and conditions), any additional terms and conditions in such document shall not bind Terryberry, unless such additional terms and conditions have been expressly acknowledged in writing by Terryberry in an amendment as overriding this Agreement. Fulfillment of Customer’s order by Terryberry does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend this Agreement. 11. Definitions and Interpretation. 11.1.Definitions. Capitalized terms shall have the meaning set forth below. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement. Defined terms stated in the singular may be used in the plural, and vice versa. 11.1.1.“Acceptable Use Policy” means Terryberry’s then-current acceptable use policy, located at https://www.terryberry.com/terms-and-conditions/. 11.1.2.“Affiliate” means, with respect to a Party, any entity or individual that directly or indirectly controls, is controlled by, or is under common control with such Party. For purposes of the Affiliate definition, an entity or individual “controls” an entity if it has the power to direct the management and policies of the entity, through ownership of more than 50% of the voting securities of an entity, representation on its board of directors or other governing body, or by contract. 11.1.3.“Applicable Law(s)” means all laws, regulations, rules, ordinances, and legally binding requirements of any U.S. or foreign authority, including applicable court or governmental orders, in effect as of the Effective Date and as amended or supplemented from time to time. 11.1.4.“Authorized User” means any individual to whom Customer grants access authorization in compliance with a license to use the SaaS Products that is an employee, agent, contractor or representative of Customer or Customer’s Affiliates. 11.1.5.“Confidential Information” means the nonpublic or proprietary business, technical or financial information disclosed to the Recipient by or on behalf of the Discloser pursuant to this Agreement and includes all information marked by the Discloser as ATTY/AGR.2026.217/Terryberry (Employee Service Awards) (Page 34 of 36)