the losing party or parties all reasonable costs of the Action, including without limitation attorneys' fees and costs. 14.13 Further Assurances. Each Party shall promptly execute and deliver all such documents, and do all such things, as the other Party may from time to time reasonably require for the purpose of giving full effect to the provisions of this Agreement. 14.14 Governing Language. This Agreement is in the English language only, and all communications between the parties relative to this Agreement shall be conducted in the English language only. 14.15 Survival. Sections 1, 4.2 (but not 4.2.3.2.4), 5.4, 6.3, 6.4, 6.5, 7, 11, 12, 13, and 14 and the obligation to pay any amount accrued but not yet paid shall survive termination or expiration of this Agreement. 14.16 The parties agree that the provisions of this Agreement are personal to them and are not intended to confer any rights of enforcement on any third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement or to any of its provisions. 28 Source: TOM ONLINE INC, 20-F, 5/1/2006 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. SKYPE COMMUNICATIONS, S.A. By: Its: Chief Executive Officer SKYPE TECHNOLOGIES , S.A. By: Its: Chief Executive Officer TOM ONLINE (BVI) LIMITED By: Its: Chief Executive Officer TOM ONLINE INC. By: Its: Chief Executive Officer TEL-ONLINE LIMITED By: Its: Director 29 Source: TOM ONLINE INC, 20-F, 5/1/2006 EXHIBIT A FORM OF STATEMENT OF WORK 1. Introduction: The following is Statement of Work No. ("Statement of Work"), made as of , 200 , to the Co-Branding Agreement ("Agreement") executed on August 22, 2005, by and among (a) Skype Communications, S.A., a Luxembourg limited company (société anonyme) ("Skype"), with its principal place of business at 6