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unenforceability of any particular provision of this License will not affect its other provisions and this License will be construed in all respects as if the invalid <br />or unenforceable provision were omitted. The provisions of this License that by their nature would survive its termination will survive indefinitely. <br />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 <br />the reasonable control of such party and without its fault or negligence. Neither party 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 party to exercise, and no <br />delay 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 <br />any other or future exercise thereof or the exercise of any other right. No course of dealing between the parties will be deemed effective to modify, <br />amend or discharge any part of this License or the rights or obligations of any party hereunder. <br />Entire Agreement; Construction. This License contains the entire understanding of the parties with respect to the subject matter hereof and <br />supersedes any prior or contemporaneous understandings regarding that subject matter. No amendment to or modification of this License will be <br />binding unless in writing and signed by Pictometry. There are no representations, warranties, or obligations of any party not expressly contained <br />herein. The headings in this License are for convenience only. They do not constitute a portion of this License and will not be used in any construction <br />of it. <br />SEND OF SOFTWARE LICENSE AGREEMENT) <br />Page 1 1 of 12 Indian River County, FL — C186005 20160415 CMT -00047-20150928 <br />02 <br />