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Neither perry shall be liable in damages or have the right to terminate this Agreement for any <br />delay or default in performing hereunder if the delay or default is caused by conditions beyond <br />its ammo[ including, but not limited to, Acts of God, Government restrictions, w <br />insurrections and or any other causes beyond the reasonable mount of the parry whose <br />performance is appealed. <br />L Limitation Period([ years) <br />No action, regardless of form, arising out of this Agreement may he brought by either party <br />ore Man three (l) years after Me muse of action has seem, or, in the cmc of non - payment <br />more than three (S) years from the date of Me had Payment <br />g. Public Agencies <br />With FASf 's approval, this Agreement may be extended for use by other municipalities and <br />govemmem agencies of my sum. Any such usage by oMer municipalities and government <br />agencies must be in accord with the ordinance, charter, anchor miss and regulations of the <br />respeative political wary. Special dismantle provided to Customer will not necessarily apply to <br />other customers Customer duce not accept any responsibility or involvement in the purchase <br />onions or mnlrecls issued by other public agencies. <br />It. Governing Law <br />This Agreement will be governed by the laws of the Slam of Virginia. The Customer <br />acknowledges that it has read this Agreement, undemtands it, and agrees to be bound by its <br />terms and conditions. Further, Me Customer agrees that it is Me complete and exclusive <br />statement of Me agreement between the parties, which supersedes all proposals or prior <br />agreements, Orel or written, and all other communications behvean Me parties arguing to Me <br />subject miner of this Agreement. <br />i. Software Fspnw <br />The sourec code to all FASTER Fleet Management mftware is kept in a assure resole site <br />location. An escrow account may be established specifically for the Customer with Me FASTER <br />Escrow Agent. A setup fee and an annual maintenance f for this escrow account will apply. <br />However, FASTER, in Me event Mat it is no longer able N support, emence, and punter number <br />the saftwore fisted in Attachment If FASTER will make available FASTER source code for <br />softwom listed in Annulment R to all customers who are active and up to date on Met support <br />service Agreement with FASTER. <br />Pevlrel 10117 <br />