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~f- <br />TERMINATION <br />Either partar may terminate #his Technical Service Support Agresmertt at arty time upon sixty X60}days prier written notice to the <br />other, except that Medtronic may terminate this Technical Service Support Agreement immediately span Customer's failure to make <br />timely payments for services rendered under this Technical Service Support Agreement. In the event ©f termination, C~rstamer shall <br />be vbiigated !~ reimburse Med~'onic far #hat pr~rtian of the designated price which carrespands to that porfiorr of the Term arcd the <br />scope of Services provided prior to the effective date of termination <br />QELAYS <br />~Iledtronic wilt not be liabie for any loss or damage of any kind due try its failure t©perform or delays irr its performance resulting <br />from any cause beyond its reasonable control, including, bet not limped tv, acts of dad, lat,~r disputes, labor shortages, the <br />requirements of any governmental authority, war, civil unrest, delays in rrcanufacture, obtaining any raq~rired license or permit, <br />and Medtrc~r~lc's inability to obtain goads Pram its usual sources. Any such delay shop not be considered a breach of Medtronic's <br />obligations and fhe performance dates shall be extended far the length of such delay. <br />MISCEI.I.ANEGUS <br />a}Customer agrees to not employ or offer employment to anyorre performing Servir,~s an Medtronic's behalf during the Term of <br />this Technical Service Support Agreement or for one (~ } year foliawing Its expiration without Medtronic`s prior written consent <br />b~ This Technical Service Support Agreement, and any related obligation of other party, may not tra assigned in whole or in part <br />without the prior written consent of the offer party. <br />c} The rights and obligations of Medtronic and Customer under tfris Tecinical Service Support Agreement shall be governed by <br />the laws of the State in which the service is provided. All casts and expenses incurred by tha prevailing party related to <br />the enforcement of its rights under this document, including reasonable attorney's fees shall be reimbursed by the other party <br />... ., ........ ...,..... ,.. ... .. ,.end', ., ...... ... ... ....... ..... ....... ...,... <br />Reference Nun~be~: 5722725 Renewal <br />P~.n~ed; 2128120~~~ Page 3 of S <br />