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<br />. 1""'" <br /> <br />NEC <br /> <br />15. <br /> <br />LIMITATION OF LIABILITY <br /> <br />NEC WILL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR <br />FOR LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM CUSTOMER'S USE (OR INABILITY TO <br />USE), OR A THIRD PARTY'S UNAUTHORIZED USE, OF THE SYSTEM OR ITS COMPONENTS, EITHER SEPARATELY <br />OR IN COMBINATION WITH OTHER EQUIPMENT, OR FOR COMMERCIAL LOSS OF ANY KIND, REGARDLESS OF <br />WHETHER NEC OR ITS SUBCONTRACTORS HAD BEEN ADVISED OF SUCH POSSIBILITY. <br /> <br />16. <br /> <br />FORCE MAJEURE <br /> <br />If NEC's performance is prevented, delayed, or otherwise made impractical by reason of any flood, riot, fire, strike, life or <br />health-threatening condition on the Premises, explosion, war or any other similar cause beyond the reasonable control of <br />NEC, NEC shall be excused from such performance until the abatement of such cause(s). <br /> <br />17. <br /> <br />GOVERNING LAW <br /> <br />This Agreement shall be construed and interpreted in all respects in accordance with the laws of the State of California. The <br />parties agree that the exclusive jurisdiction for all actions or claims which may arise under, in relation to, or as a result of this <br />Agreement shall be the state and/or federal courts located within the State of California. <br /> <br />18. <br /> <br />NOTICES <br /> <br />All notices required or permitted to be given by one party to the other for the purposes hereof shalf be in writing and sent to <br />each party at the address indicated above by certified U.S. Mail, or other delivery service providing a signature upon receipt. <br />Such notice shall be effective upon receipt. <br /> <br />Address: <br /> <br />CUSTOMER <br />1017 Middlefie1d Road <br /> <br />NEC BNS. INC. <br /> <br />Address: <br /> <br />6025 Slauson Avenue <br /> <br />Redwood City, CA <br /> <br />94064 <br /> <br />Culver City, California 90230 <br /> <br />Facsimile: (650) 780-7225 <br /> <br />Facsimile: <br /> <br />(310) 636-2401 <br /> <br />Attention: Edward Everett <br /> <br />Attention: <br /> <br />James S. Hoover, <br />Vice President of Finance <br /> <br />19. <br /> <br />ASSIGNMENT <br /> <br />This Agreement is not assignable by Customer without the prior written consent of NEC. Any attempt to assign any of <br />Customer's rights, duties or obligations under this Agreement without such consent will, at NEC's option, either be deemed <br />void or a default under Section 14. NEC may assign this Agreement to a parent company, subsidiary, or affiliate of NEC <br />without Customer's consent. <br /> <br />20. <br /> <br />NON-WAIVER <br /> <br />The waiver by either party of any default or any obligation will not operate as a waiver of any subsequent default or excuse <br />any future or continuing obligation. <br /> <br />Page 6 of 7 <br /> <br />T <br />