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and guidance provided by Licensor. 4. CUSTOMER SUPPORT. In addition to its obligations under paragraph 3, Licensor further agrees to provide Licensee with the customer support and assistance on terms set forth on the accompanying Exhibit B during the Term of this License Agreement and to provide technical staff for additional assistance to Licensee on the terms described on Exhibit B. 5, RESTRICTIONS ON USE. Licensee shall not use the Technology for any purpose other than as set forth in this License Agreement and shall not make the Technology available to anyone else, regardless of whether or not Licensor receives compensation for such use or availability. The Technology may be used by Licensee solely for the treatment of stormwater and canal water in Licensee's Facility. The Facility shall only be operated by Licensee or by Licensor under separate contract. Licensee shall have the right to transfer the operation rights granted herein to Indian River Farms Water Control District, 6, REPRESENTATIONS AND WARRANTIES. (a) Licensor represents and warrants that it has the full power and right to use and to license others to use the Technology and that it has the full right and power to grant the license granted herein. (b) Licensor shall not be liable for any special, incidental or consequential damages, including, but not limited to, personal injury, property damage or shutdown or non- operation of Facility, however caused or under any theory of liability (unless caused in bad faith of Licensor), whether based in contract, tort (including negligence), strict liability or other cause and regardless of whether either party has been advised of the possibility of such damage. (c) Licensor represents and warrants that, as of Effective Date, Licensor is not aware that Technology infringes any patent of a third party. Further, Licensor represents and warrants that as of Effective Date that Licensor has not been made aware of any claim by any third party of an allegation of infringement of a third party patent. (d) Other than as set forth in paragraph 6(c) above, Licensor makes no other warranties with respect to freedom from alleged infringement of third party patents or freedom from third party infringers, and Licensor is not under any obligation to hold Licensee harmless against any claim of an alleged infringement of a third party patent. (e) Licensee warrants to Licensor that Licensee has the authority to enter into this Agreement. Licensee represents and warrants that it has obtained any and all governmental approvals required for the obligations under this Agreement. Licensor agrees to use its best efforts to enable Licensee to comply and to comply with any funding grant conditions regarding use of Technology, imposed by federal, state and regional water management districts at no cost to Licensee. 2