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It is expressly understood and agreed between OSSI and Customer that Customer has <br /> elected to purchase hardware from other sources that is sufficient to meet Customer's <br /> needs and is compatible with OSSI's software. <br /> Other accessories (hardware or software)may be required for the use of the Licensed <br /> Program. Except as agreed otherwise in writing, OSSI assumes no responsibility under <br /> this Agreement for obtaining or supporting such accessories. Customer is also <br /> responsible for ensuring a proper environment and proper utilities for the computer <br /> system on which the Licensed Program operates, including an uninterrupted power <br /> supply. <br /> SECTION 9: Subcontractors <br /> OSSI will not be permitted to assign its contract with Customer, or to subcontract any <br /> of the work requirements to be performed,without obtaining prior written approval. <br /> SECTION 10: Assignments <br /> This Agreement shall be binding upon and inure to the benefit of the parties hereto, <br /> their successors and authorized assigns. Neither party may assign this Agreement, in whole <br /> or in part, or by operation of law or otherwise,without the prior written consent of the other <br /> party. <br /> SECTION 11: Force Majeure <br /> OSSI will not be liable or be deemed to be in breach of this Agreement for any failure <br /> or any delay in rendering performance arising out of causes beyond its reasonable control and <br /> without its fault or negligence. Such causes may include,but are not limited to, acts of God <br /> or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight <br /> embargoes, and unusually severe weather. Dates or times of performance will be extended to <br /> the extent of delays excused by this section provided that the party whose performance is <br /> affected notifies the other promptly of the existence and nature of such delay. <br /> SECTION 12: Headings <br /> Headings used in this Contract and Agreement are for reference purposes only and <br /> shall not be deemed to be a part of the Contract. <br /> CONTRACT AND AGREEMENT <br /> Page 10 <br />