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<br />- 9 - <br />be given by: (i) actual delivery, in which case the <br />notice will be deemed given upon delivery, or (ii) <br />deposit in the United States Mail, postage prepaid, <br />by registered or certified mail with return receipt <br />requested, in which case the notice will be deemed <br />given on the fifth business day following such <br />deposit. Each party may change its address for <br />notice by giving written notice of the change to the <br />other party. <br /> <br />11.12 Counterparts. This Agreement <br />may be executed in one or more counterparts, <br />each of which will be deemed an original, but all of <br />which together will constitute one and the same <br />instrument. <br /> <br />12. Definitions. <br /> <br /> “Anniversary Date” means each <br />anniversary of the Effective Date of this <br />Agreement. <br /> <br />“Computer” means the single computer <br />unit, regardless of platform or operating <br />environment, on which Customer loads the <br />Software covered by this Agreement. <br /> <br />“Confidential Information” means the <br />Software, Documentation, designs and <br />configurations of the Software, trade secrets and <br />related documentation, and all other information <br />confidential to Farragut or its suppliers or licensors. <br /> <br />“Delivery Date” means the date the <br />Software is delivered or made available to <br />Customer (including by making the Software <br />available for download). <br /> <br />“Documentation” means all user <br />documentation relating to the Software provided or <br />made available to Customer by Farragut, whether <br />as hard copy or as electronic copy, including but <br />not limited to operating manuals, user <br />documentation, environmental specifications and <br />other documentation. <br /> <br /> “Key Operator” means an employee of <br />Customer who has been trained in the proper use <br />of the Software and has been designated by <br />Customer as their Key Operator. The initial Key <br />Operator(s) are identified in Schedule B of this <br />Agreement. <br /> <br /> “Software” means the software code and <br />associated support files of the Software described <br />on Schedule A and its Documentation, including all <br />Software Maintenance Releases, and other <br />modifications, including custom modifications <br />created by Farragut, if any, to such computer <br />programs and code, and all copies of the foregoing, <br />delivered to Customer hereunder. <br /> <br /> “Warranty Period” means the 90 day <br />period beginning with the Delivery Date. <br /> <br /> <br />DocuSign Envelope ID: 7DCC2B8A-E44C-4172-BF52-8A8B6D647BED