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Wonderware Conversion <br />May 26, 2016 Trihedral Q10565-000-000 <br />6.5 Liability of Trihedral <br />In no event shall the liability of Trihedral to the Customer or any other party extend to consequential or <br />indirect damages. <br />6.6 Non -Assignability <br />This Quote, may not be assigned or otherwise transferred to another party without the consent in writing <br />of Trihedral. <br />6.7 Force Majeure <br />Neither Trihedral nor the Customer will be liable for failure to perform obligations pursuant to this Quote, <br />to the extent that such failure to perform is attributable to unforeseen events which are beyond the <br />reasonable control of the parties, including natural disaster (including fire, flood, blizzard, tomado, <br />windstorm or earthquake), labour disruption (including strike or lockout), war (whether declared or not), <br />riot, terrorist action, and interruption of electrical power or electronic communications services, provided <br />that the party subject to such circumstance gives written notice as soon as possible to the other party, <br />and acts with reasonable diligence to mitigate the effect thereof upon the performance of the Services. <br />6.8 Binding Agreement <br />Upon acceptance by the Customer, this Quote shall be binding upon the Customer, any other party using <br />or relying upon the Software, their heirs, administrators, successors and assigns and shall be construed <br />with such changes of gender and number as the context may require <br />6.9 Non -Waiver <br />The failure the Customer or Trihedral to insist on the strict observance of its rights under this Quote shall <br />not be deemed a waiver of such rights, which shall be determined in accordance with the express <br />provisions of this Quote <br />6.10 Severability of Terms <br />In the event that any provision of this Quote is determined to be unenforceable, illegal or void by a <br />tribunal of competent jurisdiction, such provisions shall be severed from this Quote and the remaining <br />provisions shall remain in full force and effect notwithstanding such unenforceability, illegality or invalidity <br />6.11 Governing Law and Venue <br />This Quote shall be interpreted in accordance with and governed by the laws of the State of Florida, and <br />the Customer attorns to the exclusive jurisdiction of the courts of Florida with respect to the adjudication <br />of any issue concerning this Quote, except to the extent otherwise provided herein <br />7 <br />61 <br />