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<br />TERMINATION <br />Either party may terminate #his Technical Service Support Agreement at any time upon sixty (60) days prior written notice to the <br />other, except that Medtronic may terminate Phis Technical Service Support Agreement immediately upon Customer's failure to make <br />timely payments for services rendered under this Technical Service Support Agreement. )n the event of termination, Customer shall <br />be obligated to reimburse Medtronic for fhak portion of the designated price which corresponds to that portion of the Term and the <br />scope of Services provided prior to the effective date of termination <br />DELAYS <br />Medtronic will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance resulting <br />from any cause beyond its reasonable control, including, but not limited to, acts of God, labor disputes, labor shortages, the <br />requirements of any govemmentai authority, war, ciuil unrest, delays in manufacture, obtaining any required license or permit, <br />and Medtronic's inability to obtain goods from its usual sources. Any such decay shall not be considered a breach of Medtronic's <br />obligations and the performance dates shalt be extended for the length of such delay. <br />MISCELLANEOUS <br />a) Customer agrees to not employ or offer employment to anyone performing Services on Medtronic's behalf during the Term of <br />this Technical Service Support Agreement or for one (1) year following Its expiration without Medtronics prior written consent <br />b) This Technical Service Support Agreement, and any related obligation of other party, may no# be assigned in whole or in part <br />without the prior written consent of the other party. <br />c) The rights and obligations of Medtronic and Customer under this Technical Service Support Agreement shall be governed by <br />the caws of the State in which the service is provided. A11 casts and expenses incurred by the 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 Numbet: 572-2725 Renewal <br />Printed: 2/28/2007 Page 3 of 8 <br />