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<br /> <br />(f) If Organization has failed to pay the fees or other amounts due in accordance with Article <br />4.1, then Harris shall have the right to terminate this Agreement effective immediately upon <br />written notice to Organization to that effect. <br />(g) Notwithstanding any other provision of this Agreement, if the Organization breaches (i) any <br />intellectual property right of Harris; or (ii) its confidentiality obligations under Section 6.2, <br />then Harris shall have the right to terminate this Agreement effective immediately upon <br />written notice to Organization to that effect. <br />(h) Either party may terminate this Agreement effective immediately upon written notice to the <br />other party if the other party: (i) becomes insolvent; (ii) becomes the subject of any <br />proceeding under any bankruptcy, insolvency or liquidation law, whether domestic or <br />foreign, and whether voluntary or involuntary, which is not resolved favourably to the <br />subject party within ninety (90) days of commencement thereof; or (iii) becomes subject to <br />property seizure under court order, court injunction or other court order which has a <br />material adverse effect on its ability to perform hereunder. <br />6.4 Mediation <br />The parties agree to submit any claim, controversy or dispute arising out of or relating to this Agreement or <br />the relationship created by this Agreement to non-binding mediation before bringing a claim, controversy <br />or dispute in a court or before any other tribunal. The mediation is to be conducted by either an individual <br />mediator or a mediator appointed by mediation services mutually agreeable to the parties. Such mediator <br />shall be knowledgeable in software system agreements. The mediation shall take place at a time and <br />location which is mutually agreeable; provided; however, in no event shall the mediation occur later than <br />ninety (90) days after either party notifies the other of its desire to have a dispute be placed before a <br />mediator. The costs and expenses of mediation, including compensation and expenses of the mediator <br />(and except for the attorneys’ fees incurred by either party), are to be shared by the parties equally. If the <br />parties are unable to resolve the claim, controversy or dispute within one hundred and twenty (120) days <br />after the date either party provides the other with the notice of mediation, then either party may bring and <br />initiate a legal proceeding to resolve the claim, controversy or dispute unless the time period is extended <br />by a written agreement of the parties. Nothing in this Section shall inhibit a party’s right to seek injunctive <br />relief at any time. <br />6.5 Addresses for Notice <br />Any notice required or permitted to be given to any party to this Agreement shall be given in writing and <br />shall be delivered personally, mailed by prepaid registered post or sent by facsimile to the appropriate <br />address or facsimile number set out below. Any such notice shall be conclusively deemed to have been <br />given and received on the day on which it is delivered or transmitted (or on the next succeeding business <br />day if delivered or received by facsimile after 5:00 p.m. local time on the date of delivery or receipt, or if <br />delivered or received by facsimile on a day other than a business day), if personally delivered or sent by <br />facsimile or, if mailed, on the third business day following the date of mailing, and addressed, in the case <br />of Harris, to: <br />N. HARRIS COMPUTER CORPORATION <br />1 Antares Drive, Suite 400 <br />Ottawa, Ontario K2E 8C4 <br />Canada <br />Attention: CEO <br />Telephone: 613-226-5511, extension 2149 <br />With a copy to: <br />legal@harriscomputer.com