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12. Unless otherwise agreed to by the parties, all notices required hereunder shall be made in <br /> accordance with the provisions of the License Agreement. <br /> 13. Either party's lack of enforcement of any provision in this Support and Maintenance <br /> Agreement in the event of a breach by the other shall not be construed to be a waiver of <br /> any such provision and the non-breaching party may elect to enforce any such provision <br /> in the event of any repeated or continuing breach by the other. <br /> 14. The parties agree that the terms and conditions contained herein shall prevail <br /> not-withstanding any variations on any orders, e-mails or other correspondence submitted <br /> by Organization. <br /> 15. The particular provisions of this Support and Maintenance Agreement shall be deemed <br /> confidential in nature and neither Organization nor Harris shall divulge any of its <br /> provisions as set forth herein to any third party except as may be required by law. <br /> 16. (a) Termination of this Support and Maintenance Agreement shall not affect any right <br /> of action of either party arising from anything which was done or not done, as the <br /> case may be,prior to the termination taking effect. <br /> (b) The Organization and Harris recognize that circumstances may arise entitling the <br /> Organization to damages for breach or other fault on the part of Harris arising <br /> from this Support and Maintenance Agreement. The parties agree that in all such <br /> circumstances the Organization's remedies and Harris's liabilities will be limited <br /> as set forth below and that these provisions will survive notwithstanding the <br /> termination or other discharge of the obligations of the parties under this Support <br /> and Maintenance Agreement. <br /> (c) FOR BREACH OR DEFAULT BY HARRIS OR OTHERWISE IN <br /> CONNECTION WITH THIS SUPPORT AND MAINTENANCE <br /> AGREEMENT, INCLUDING A BREACH OR DEFAULT ENTITLING THE <br /> ORGANIZATION TO RESCIND OR BE DISCHARGED FROM THE <br /> PROVISIONS OF THIS SUPPORT AND MAINTENANCE AGREEMENT, <br /> THE ORGANIZATION'S EXCLUSIVE REMEDY, IN ADDITION TO <br /> ELECTING IF SO ENTITLED TO RESCIND OR BE DISCHARGED FROM <br /> THE PROVISIONS OF THIS SUPPORT AND MAINTENANCE <br /> AGREEMENT, SHALL BE PAYMENT BY HARRIS OF THE <br /> ORGANIZATION'S DIRECT DAMAGES TO A MAXIMUM AMOUNT <br /> EQUAL TO, AND HARRIS SHALL IN NO EVENT BE LIABLE IN EXCESS <br /> OF, THE AMOUNT OF FEES ACTUALLY PAID BY THE ORGANIZATION <br /> TO HARRIS UNDER THIS SUPPORT AND MAINTENANCE AGREEMENT <br /> DURING THE THEN-CURRENT TERM (NOT TO EXCEED 12 MONTHS) <br /> OF THE SUPPORT AND MAINTENANCE AGREEMENT UP TO AND <br /> INCLUDING THE DATE OF TERMINATION. <br /> (d) IN NO EVENT SHALL ANY DAMAGES INCLUDE, NOR SHALL HARRIS <br /> BE LIABLE FOR, ANY SPECIAL, INDIRECT OR CONSEQUENTIAL <br /> -4- <br /> 14 <br />