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COMPATIBLE WITH ANY HARDWARE OR IMPROVEMENTS FOR THE YEAR THAT SUCH <br /> SOFTWARE OTHER THAN THE LIABILITY ARISES. <br /> EQUIPMENT. <br /> (b) EXCLUSION OF DAMAGES. <br /> 7. Termination. A party has the right to REGARDLESS OF WHETHER ANY REMEDY SET <br /> terminate this Agreement if the other party FORTH HEREIN FAILS OF ITS ESSENTIAL <br /> breaches a material provision of this PURPOSE OR OTHERWISE, IN NO EVENT WILL <br /> Agreement. Either party has the right to SUNGARD PUBLIC SECTOR BE LIABLE TO <br /> terminate this Agreement at any time while an CUSTOMER FOR ANY SPECIAL, INCIDENTAL, OR <br /> event or condition giving rise to the right of CONSEQUENTIAL DAMAGES, WHETHER BASED <br /> termination exists. To terminate this ON BREACH OF CONTRACT, TORT (INCLUDING <br /> Agreement, the party seeking termination NEGLIGENCE), PRODUCT LIABILITY, OR <br /> must give the other party notice that describes OTHERWISE, AND WHETHER OR NOT SUNGARD <br /> the event or condition of termination in PUBLIC SECTOR HAS BEEN ADVISED OF THE <br /> reasonable detail. From the date of its receipt POSSIBILITY OF SUCH DAMAGE. <br /> of that notice, the other party will have thirty <br /> (30) days to cure the breach to the reasonable (c) BASIS OF THE BARGAIN. CUSTOMER <br /> satisfaction of the party desiring termination. ACKNOWLEDGES THAT SUNGARD PUBLIC <br /> If the event or condition giving rise to the right <br /> of termination is not cured within that period, SECTOR HAS SET ITS FEES AND ENTERED INTO <br /> then the party seeking to terminate this THIS AGREEMENT IN RELIANCE UPON THE <br /> Agreement can effect such termination by LIMITATIONS OF LIABILITY AND THE <br /> providing the other party with a termination DISCLAIMERS OF WARRANTIES AND DAMAGES <br /> notice that specifies the effective date of such SET FORTH IN THIS AGREEMENT,AND THAT THE <br /> termination. Termination of this Agreement SAME FORM AN ESSENTIAL BASIS OF THE <br /> will be without prejudice to the terminating BARGAIN BETWEEN THE PARTIES. <br /> party's other rights and remedies pursuant to <br /> this Agreement. 9. Entire Agreement. This Agreement including <br /> any exhibits and attachments contains the entire <br /> 8. LIMITATIONS OF LIABILITY. understanding of the parties with respect to its subject <br /> matter, and supersedes and extinguishes all prior oral <br /> (a) LIMITED LIABILITY OF SUNGARD and written communications between the parties about <br /> PUBLIC SECTOR. SUNGARD PUBLIC its subject matter. Any purchase order or similar <br /> SECTOR'S LIABILITY IN CONNECTION document which may be issued by Customer in <br /> WITH THE IMPROVEMENTS OR ANY connection with this Agreement does not modify this <br /> OTHER MATTER RELATING TO THIS Agreement. No modification of this Agreement will be <br /> AGREEMENT WILL NOT EXCEED THE effective unless it is in writing, is signed by each party, <br /> FEES THAT CUSTOMER ACTUALLY PAID and expressly provides that it amends this Agreement. <br /> TO SUNGARD PUBLIC SECTOR FOR THE <br /> Page 4 of 7 <br /> SPS Maintenance 7/1/2010 <br />