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FSR! <br />E"ronmemal SOW" Research Institute. Inc. <br />1 1 <br />1LZ n their completion. The <br />Software installation and training services radix be invoiced A include secondary support for the first year. <br />discounted software license fees listed in Appendix and secondary support <br />If primary support is desired or required, the difference between primary support <br />fees shall be paid in advance with the initial order. ESRI shall invoice requests for primary <br />upon completion of software installation. <br />122 following the above identified events. The County <br />ESRI will invoice each ordering agency g <br />agrees to pay each invoice in full within thirty (30) days of receipt of invoice. <br />ARTICLE 13 - INFRINGEMENT <br />ESRI will defend any legal action brought against the County on the basis of States that the <br />software or hardware furnished under this Agreement infringes upon any of any Or <br />Copyright. This right accrues provided that the County, promptly notifies ESRI in writing <br />pYclasuch claim and ESRI or its designee is given the County agreeseto permit ESRI or a third party, at authority to <br />arises, or in ESRI's opinion, is likely to arise , <br />E ices, expense and option, to procure for the County the right to continue using the item, to <br />replace the item with a non - infringing one, or to modify sch action. a way that it is non - infringing• <br />The County will cooperate fully in the defense y <br />ESRI will have no obligation or liability whatsoever ESRI 2) es�i infringement claim for <br />on the use of such items which: 1) were not delivered y u a manner which <br />which they were not designed or 3) were modified by or for the County - infringement <br />constitutes mere nc ent. The foregoing states ESRI's entire liability with respect to <br />of any copyrights, patents, licenses, or other property <br />ARTICLE 14 - NOTICE <br />Unless otherwise provided, all notices will be sent by regular United States mail, telex, <br />m, <br />telegra or telecopy to the addresses as il <br />SR <br />County of Orange <br />Central Land Records Office <br />208 South Cameron Street <br />P.O. Box 8181 <br />Hillsborough, North Carolina 27278 <br />Phone: (919) 732 -8181 <br />Fax: (919) 732 -4249 <br />A90-P0101/BB -8- <br />Environmental Systems Research <br />Institute, Inc - <br />380 New York Street <br />Redlands, California 92373 <br />Phone: (714) 793 -2853 <br />Telex: 9103321317 <br />Fax: (714) 793 -5953 <br />4/17/90 <br />