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Customer's legal authority. <br />7.4 Defaults. The following events will be <br />deemed to be defaults: <br />a) A party committing a material <br />breach of any term of this Agreement if such <br />breach has not been cured within 30 days after <br />written notice of such breach has been given by <br />the non-defaulting party to thetiefaulting party; <br />b) A party failing to comply in any <br />material respect with any federal, state or local <br />laws applicable to the party's performance under <br />this Agreement if such breach has not been cured <br />within 30 days after written notice of such breach <br />has been given by the non-defaulting party to the <br />defauiting party. <br />7.5 Effect of Termination. The Software <br />license, Software Support, and Farragut's other <br />obligations, if any, under this Agreement will <br />automatically terminate upon the termination of <br />this Agreement. in such an event, Customer's use <br />of the Software must immediately cease and <br />Customer must comply with the provisions of <br />Section 1.3fc). <br />7.6 urviv 1. Upon termination of this <br />Agreement, all rights and obligations of the parties <br />under this Agreement will automatically terminate <br />except for rights of action accruing prior to <br />termination, paymen# obligations, and any other <br />obligations that expressly or by implication are <br />intended to survive termination including, without <br />limitation Sections 1.3. 3.3, 4, 6, 7.4, 7.5, 7.8. 7.7, <br />8. 10 and 11. <br />7.7 Nonexclusive Remedv. Except as <br />otherwise set forth in this Agreement, termination <br />of this Agreement by e'sther party will be a <br />nonexclusive remedy for breach and will be <br />without preyudice to any other right or remedy of <br />such party. Termination of ibis Agreement wilt not <br />relieve Customer of its obligation to pay alt fees <br />and expenses that accrued before such <br />termination. <br />7.8 Amendment. The terms of this <br />Agreement may only be amended with a written <br />Amendment executed by both Parties. <br />8. Limitation of Damages. <br />8.1 Back-Uos: Customer Data. Customer is <br />responsible for assuring and maintaining the <br />backup of all Customer data, software and <br />network systems. UNDER NO <br />CIRCUMSTANCES WILL fARRAGUT BE <br />LIABLE TO CUSTOMER OR ANY THIRD PARTY <br />FOR THE LOSS OF, CORRUPTION OF, OR <br />DAMAGE TO CUSTOMER DATA, SOFTWARE <br />OR NETWORK SYSTEMS <br />8.2 Limitation of Liability. <br />NOTWITHSTANDING ANYTHING TO THE <br />CONTRARY !N THIS AGREEMENT, TO THE <br />MAXIMUM EXTENT PERMITTED BY <br />APPLICABLE LAW, FARRAGUT WILL NOT BE <br />LIABLE TO CUSTOMER FOR ANY SPECIAL, <br />INDIRECT, INCIDENTAL, PUNITIVE, OR <br />CONSEQUENTIAL DAMAGES (INCLUDING <br />LOST PROFITS) OR FOR LOST DATA <br />SUSTAINED OR INCURRED IN CONNECTION <br />WITH THIS AGREEMENT, THE SOFTWARE, <br />SOFTWARE SUPPORT, OR ANY OTHER <br />SERVICES, EVEN EF ADVISED OF THE <br />POSSIBILITY OF SUCH DAMAGES, <br />REGARDLESS OF THE FORM OF ACTION AND <br />WHETHER OR NOT SUCH DAMAGES ARE <br />FORESEEABLE. IN ADDITION, FARRAGUT'S <br />TOTAL LIABILITY TO CUSTOMER FOR DIRECT <br />DAMAGES BRIBING OUT OF OR RELATING TO <br />THIS AGREEMENT, THE SOFTWARE, <br />SOFTWARE SUPPORT, OR ANY OTHER <br />SERVICES WILL IN NO EVENT EXCEED THE <br />TOTAL AMOUNT ACTUALLY PAID BY <br />CUSTOMER TO FARRAGUT UNDER THIS <br />AGREEMENT DURING THE TWELVE MONTH <br />PERIOD IMMEDIATELY PRECEDING THE <br />EVENT CAUSING SUCH DAMAGES. <br />8.3 Fiioh Risk Aoofication Disclaimer. <br />Farragut has not tested or certified its Software for <br />use in high-risk applications including, without <br />limitation, medical transport, 911 response, <br />nuclear facilities, weapon systems, mass transit <br />and air transporta#ion control, medical <br />applications, or any other life critical uses or <br />inherently dangereus activities. Customer <br />understands and agrees That Farragut makes no <br />assurances that the Software is suitable for any <br />high-risk uses or inherently dangerous activities. <br />8.4 Referrals. FARRAGUT IS NOT <br />PROVIDING TO CUSTOMER ANY THIRD <br />PARTY PRODUCTS, SOFTWARE OR <br />SERVICES PURSUANT TO THIS AGREEMENT. <br />Farragut may direct Customer to third parties <br />having products, software or services that may be <br />of interest to Customer for use in conjunction with <br />the Software. Notwithstanding any Farragut <br />-6- <br />