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F. Force Majeure. Neither party will be liable for any costs or damages due to nonperformance under this License arising out of any cause not within the <br /> reasonable control of such party and without its fault or negligence.Neither parry will be liable for any delay or failure in the performance of its <br /> obligations under this License that directly results from any failure of the other party to perform its obligations as set forth in this License. <br /> G. Waiver. No waiver of a breach of any term of this License will be effective unless in writing and duly executed by the waiving party. No such waiver <br /> will constitute a waiver of any subsequent breach of the same or any other term of this License.No failure on the part of a parry to exercise,and no delay <br /> in exercising any of its rights hereunder will operate as a waiver thereof,nor will any single or partial exercise by a party of any right preclude any other <br /> or future exercise thereof or the exercise of any other right.No course of dealing between the parties will be deemed effective to modify,amend or <br /> discharge any part of this License or the rights or obligations of any party hereunder. <br /> H. Entire Agreement;Construction. This License contains the entire understanding of the parties with respect to the subject matter hereof and supersedes <br /> any prior or contemporaneous understandings regarding that subject matter.No amendment to or modification of this License will be binding unless in <br /> writing and signed by Pictometry.There are no representations,warranties,or obligations of any party not expressly contained herein. The headings in <br /> this License are for convenience only.They do not constitute a portion of this License and will not be used in any construction of it. <br /> [END OF SOFTWARE LICENSE AGREEMENT] <br /> Page 14 of 16 Indian River County,FL—C127661 20130613 CMT-00047-20130520 <br /> 85 <br />