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Program or Related Material, MFS will replace them, if available, <br />at an additional charge. <br /> <br />11. CANCELLATION OR DEFAULT <br /> <br /> Each license granted hereunder may be cancelled by MFS, if <br />AGENCY is in default in payment of any amount due under this <br />Agreement for a period of two (2) months or may be cancelled at <br />any time upon default by AGENCY of any other covenant of this <br />License if such default is not corrected within two (2) months <br />after receipt of written notice thereof. Said written notice must <br />set forth particulars of the alleged default. AGENCY's obligation <br />to pay charges which have accrued and any damages arising from its <br />breach of this License shall survive cancellation. The remedies <br />provided herein shall not be deemed exclusive but shall be <br />cumulative and shall be in addition to all other remedies provided <br />by law and equity. No delay or omission in the exercise of any <br />remedy herein provided or otherwise available to MFS shall impair <br />or affect MFS's right to exercise the same. Any extension or <br />indulgence (which must be in writing) shall not otherwise alter or <br />affect MFS's rights or obligations or be deemed a waiver thereof. <br /> <br />12. TERMINATION <br /> <br />12.A Within ten (10) days after the termination or cancellation <br />for any reason, of the license granted hereunder, AGENCY shall <br />deliver to MFS all copies and originals of the Licensed Program <br />and Related Materials. Upon prior written authorization from MFS, <br />AGENCY may be permitted for a specific period thereafter to retain <br />one copy of certain° Materials for record purposes. <br /> <br />12.B AGENCY understands and acknowledges that violation of AGENCY's <br />obligations pursuant to this Agreement may cause MFS irreparable <br />harm and damages which may not be recovered at law, and Customer <br />agrees that MFS's remedies for breach of this Agreement may be in <br />equity by way of injunctive relief, as well as any other relief <br />available, whether in law or in equity. <br /> <br />13. LIMITATION OF LIABILITY <br /> <br />13.A IN NO EVENT SHALL MFS BE LIABLE TO AGENCY FOR LOSS OF REVENUE, <br />OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY <br />BREACH OF THIS AGREEMENT OR OF OBLIGATIONS UNDER THIS AGREEMENT OR <br />THE LICENSE GRANTED OR FOR ANY CLAIM MADE AGAINST AGENCY BY ANY <br />OTHER PARTY, EVEN IF MFS HAS BEEN ADVISED OF THE POSSIBILITY OF <br />SUCH CLAIM. <br /> <br />13.B MFS SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY IN <br />DELIVERY, INSTALLATION OR FURNISHING OF THE SOFTWARE OR SERVICES <br />UNDER.THIS AGREEMENT. <br /> <br /> 5 <br /> <br /> <br />