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<br />4.3 Termination: In the event that CRC fails to comply with its material obligations <br />contained in this Agreement, PAX may terminate this Agreement effective immediately upon <br />CRC's receipt of written notice thereof. In addition, either party may terminate this Agreement <br />with or without cause effective upon ten (10) days' prior written notice. <br /> <br />4.4 <br /> <br />Warranty Disclaimer: Limitation of Liabilities: <br /> <br />CRC ACKNOWLEDGES THAT THE PRODUCT MAY BE PROVIDED IN A PRE- <br />RELEASE STATE AND MAY CONTAIN ERRORS OR INACCURACIES THAT COULD <br />CAUSE FAILURES. CRC ACKNOWLEDGES THAT THE PRODUCT IS PROVIDED "AS <br />IS". PAX MAKES NO WARRANTIES HEREUNDER, EXPRESS OR IMPLIED, <br />INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF <br />MERCHANTABILITY AND FITNESS FOR A P ARTICULAR PURPOSE. <br /> <br />EXCEPT FOR THE INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS <br />PROVIDED FOR HEREIN, AND BREACHES OF THIS CONTRACT, IN NO EVENT <br />SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY DIRECT, INDIRECT, <br />SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT <br />OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH OR ARISING OUT OF THE <br />PRODUCT. <br /> <br />4.5 Govemin2 Law: This Agreement shall be governed by, and construed in <br />accordance with, the laws of the State of California, without regard to its conflict of law <br />principles. <br /> <br />4.6 Export Control: CRC may not use or otherwise export or re-export the Product <br />or any underlying information or technology except in full compliance with all applicable United <br />States export control laws and regulations. PAX shall comply with all United States and other <br />applicable export control laws and regulations in providing the Product to CRC. <br /> <br />4.7 Insurance: PAX shall take out and maintain during the life of the Agreement <br />all the insurance required in this section, <br /> <br />PAX shall take out and maintain during the life of the Agreement Workers Compensation <br />Insurance for all of its employees on the project. In lieu of evidence of Workers Compensation <br />Insurance, CRC will accept a Self-Insured Certificate from the State of California. PAX shall <br />require any subconsultant to provide it with evidence of Workers Compensation. <br /> <br />PAX shall take out and maintain during the life of the Agreement General Liability <br />Insurance that provides protection from claims which may arise from operations or performance <br />under this Agreement. PAX shall require any subconsultant to provide evidence of liability <br />Insurance coverages. <br /> <br />4 <br />