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cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. (iv) Customer Data. Upon expiration or termination of a License for Online Services, Enrolled Affiliate must tell Microsoft whether to: 1) disable its account and then delete its Customer Data ("Data Deletion"); or 2) retain its Customer Data in a limited function account for at least 90 days after expiration or termination of the License for such Online Service (the "Retention Period") so that Enrolled Affiliate may extract its Customer Data. 3) If Enrolled Affiliate indicates Data Deletion, Enrolled Affiliate will not be able to extract its Customer Data. If Enrolled Affiliate indicates it wants a Retention Period, Enrolled Affiliate will be able to extract its Customer Data through Microsoft's standard processes and tools, and Enrolled Affiliate will reimburse Microsoft if there are any applicable costs to the extent allowed by applicable law. If Enrolled Affiliate does not indicate either Data Deletion or a Retention Period, Microsoft will retain Enrolled Affiliate's Customer Data in accordance with the Retention Period. 4) Following the expiration of the Retention Period,-:Microsoft will disable Enrolled Affiliate's account and then delete its Customer Data. 5) Enrolled Affiliate agrees that, other than as °_described above Microsoft has no obligation to continue to hold, export or return Enrolled Affiliates Customer Data. Enrolled Affiliate agrees Microsoft hasno liability whatsoever, or deleton..of Enrolled Affiliate's Customer Data pursuant to these terms d. Termination: (i), Terrriiration for cause Either party to.an Erlrollment may ter"rninate"it"i"f:;the other party rnatenally breaches its :obligations under this. agreement including .„.w any obligation-"o submit orders or pay invoices (even if such non;payment is caused by non-approprjataon"of funds) Except where th'e:breach is by its nature not curable within 30sthe terminating party;must give he other party 30 days notice and opportunity to cure (ii) The parties acknowledge and agree that the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event funds are not appropriated by the Legislature, the State of Florida will provide 30 days written notice to Microsoft of such non-appropriation and intent to terminate any applicable Enrollmenfs. (iii) Early termination. If(1) an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or (2) if Microsoft terminates an Enrollment because the Enrolled Affiliate has ceased to be an Affiliate of Customer, or (3) Enrolled Affiliate terminates an Enrollment for non- appropriation of funds, or (4) Microsoft terminate an Enrollment for non-payment due to non-appropriation of funds, then the Enrolled Affiliate will have the following options: ■ It may immediately pay the total remaining amount due, including all installments, in which case,the Enrolled Affiliate will have perpetual rights for all Licenses it has ordered; or ■ It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate will have perpetual Licenses for: 1) all copies of Products (including the latest version of Products ordered under SA coverage in the current term)for which payment has been made in full, and 2) the number of copies of Products it has ordered (including the latest version of Products ordered under Software Assurance coverage in current term)that is proportional to the total of EA201 1 EnrGov(US)SLG(ENG)(Ju1201 1) Page 7 of 14 Document X20-02113 27