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DocuSign Envelope ID:7DCC2B8A-E44C-4172-BF52-8A8B6D647BED <br /> 48 <br /> deleterious software routines; (h) improper or 4.3 Additional Charges. Additional charges <br /> abnormal use or use under abnormal conditions; (i) may apply for services and products not included <br /> use in a manner not authorized by this Agreement in Software Support or for services rendered <br /> or use inconsistent with Farragut's Documentation; outside contracted hours or beyond normal <br /> Q)use of Software on equipment that is not in good coverage at Customer's request, e.g., travel <br /> operating condition or defects in Customer expenses, premium and minimum charges. Any <br /> Infrastructure; (k) acts of Customer, its agents, additional charges must be mutually agreed to in <br /> servants, employees, or any third party; (1) advance by Customer and Farragut, except for <br /> servicing or support by any third party, or without charges resulting from defects in Customer <br /> written authorization by Farragut; or (m) Force Infrastructure as given in Section 2.5(e) of <br /> Majeure. Farragut reserves the right to charge for Schedule B. Farragut will invoice Customer for <br /> repairs on a time-and-materials basis at Farragut's additional charges incurred under this Agreement. <br /> then-prevailing rates, plus expenses, and for Payment is due on these invoices within 30 days <br /> replacements at Farragut's standard prices caused <br /> by these exclusions from warranty and support after the date of invoice. <br /> coverage. <br /> 4.4 Payment. Unless otherwise stated herein, <br /> 3.3 Disclaimer. TO THE MAXIMUM EXTENT Customer will pay Farragut any fees due under this <br /> PERMITTED BY APPLICABLE LAW, EXCEPT Agreement within 30 days after the invoice date. <br /> FOR THE WARRANTIES IN THIS SECTION 3, (A) Customer shall pay Farragut all amounts due in <br /> THERE ARE NO WARRANTIES, EXPRESS OR U.S. dollars. All payments are to be made to <br /> IMPLIED, BY OPERATION OF LAW OR Farragut at its office in Durham, North Carolina or <br /> OTHERWISE UNDER THIS AGREEMENT OR IN to such other location as is designated by Farragut <br /> CONNECTION WITH THE LICENSE, by written notice to Customer. Unless otherwise <br /> SOFTWARE SUPPORT OR PERFORMANCE OF expressly set forth in this Agreement, all fees paid <br /> OTHER SERVICES, AND (B) FARRAGUT or due hereunder by Customer are non-refundable. <br /> DISCLAIMS ALL EXPRESS AND IMPLIED If any payments are past due, Farragut may, <br /> WARRANTIES, INCLUDING, BUT NOT LIMITED without waiving any other available rights or <br /> TO, THE IMPLIED WARRANTIES OF FITNESS remedies, (a) suspend performance under any or <br /> FOR A PARTICULAR PURPOSE, all of this Agreement until payments are current, (b) <br /> MERCHANTABILITY, TITLE, AND decide not to accept additional SOW's or other <br /> NONINFRINGEMENT FOR ALL SOFTWARE, orders from Customer under other agreements, if <br /> SOFTWARE SUPPORT AND OTHER SERVICES. any, between Customer and Farragut, and/or (c) <br /> THE EXPRESS WARRANTIES EXTEND SOLELY seek collection of all amounts due. <br /> TO CUSTOMER. <br /> 4. Fees. 4.5 Taxes and Duties. Customer shall be <br /> responsible for paying all taxes and duties in <br /> 4.1 License Fees. Upon execution of this connection with this Agreement, including taxes <br /> Agreement, Customer will pay Farragut the paid or payable by Farragut or which Farragut is <br /> required to collect, in connection with the products <br /> License Fees (the "License Fees") in the amount <br /> set forth on Schedule A. Farragut will invoice or services provided by Farragut to Customer <br /> Customer for the License Fees, and the License hereunder, or arising from Customer's use, <br /> operation or possession of the So <br /> Fees are due within 30 days after the date of Software, or any <br /> part thereof, but excluding any taxes based upon <br /> invoice. Farragut's income.This provision does not apply to <br /> 4.2 Annual Support Fees. Customer willa any taxes for which Customer is exempt and for <br /> Farragut the Annual Support Fee in the amount set et which Customer has furnished Farragut with a valid <br /> forth on Schedule A on or before each Anniversary tax exemption certificate authorized by the <br /> Date of this Agreement. Farragut will use appropriate taxing authority. <br /> reasonable efforts to invoice Customer for the 5. Customer's Responsibilities. <br /> Annual Support Fee at least 60 days before the due <br /> date. Customer will pay the support fee within thirty 5.1 Independent Determination. Customer <br /> (30) days of receipt of a correct invoice from has independently determined that the Software <br /> Farragut. provided under this Agreement currently meets <br /> -3- <br />