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<br /> <br />Rev. 06022016 9 of 10 <br /> <br />be entitled to recover its reasonable attorneys' fees and costs, in addition to any other relief <br />ordered by the arbitrator(s). Such fees and costs will include those incurred in connection <br />with the enforcement of any resulting judgment or order, and any post judgment order will <br />provide for the right to receive such attorneys' fees and costs. Any request for arbitration <br />of a claim by either party against the other relating to this Agreement must be filed no later <br />than six (6) months after the date on which concludes performance under this <br />Agreement. <br /> <br />Nothing herein shall prevent either party from seeking a preliminary or permanent <br />injunction to preserve the status quo or prevent irreparable harm during the arbitration <br />process. <br /> <br />h. Neither party will incur any liability to the other party on account of any loss or damage <br />resulting from any failure to perform or any delay in performing any of its obligations <br />hereunder if such failure or delay is due, in whole or in part, to events, circumstances or <br />causes beyond its reasonable control and without its fault (Force Majeure), including <br />without limitation, any natural catastrophe, fire, war, riot, strike, or any general shortage or <br />unavailability of materials, components or transportation facilities, or any governmental <br />action or inaction, but the failure to meet financial obligations is expressly excluded. Upon <br />the occurrence of such event of Force Majeure, the affected party will immediately give <br />notice to the other party with relevant details, and will keep the other party informed of <br />related developments. <br /> <br />i. CUSTOMER acknowledges that may desire to use its name in press releases, <br />product brochures and financial reports indicating that CUSTOMER is a customer of <br />, and CUSTOMER agrees that may use its name in such a manner, <br />subject to CUSTOMER’s consent, which consent shall not be unreasonably withheld. <br /> <br />j. This Agreement may be executed in counterparts, each of which so executed will be <br />deemed to be an original and such counterparts together will constitute one and the same <br />agreement. <br /> <br /> <br /> <br />IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have entered into this <br />Software License Agreement as of the Effective Date. <br /> <br /> <br /> CUSTOMER <br /> <br /> <br />By: _______________________________ By: _______________________________ <br /> <br />Title: _____________________________ Title: ______________________________ <br /> <br />Date: _____________________________ Date: ______________________________ <br /> <br /> <br />Jeffrey Harmon <br />General Manager <br />January 19, 2018