Res 2017-127/Mobile license plate recognition software

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If to NuPark: If to Customer: NuPark, Inc. 2300 S. IH 35 912 Petaluma Dr. San Marcos, TX 78666 Cedar Park, TX 78613 (512) 753-2108 Attn: Kevin Uhlenhaker Attn: Bob Klett 12.10 Effect of Electronic Communications. The parties may conduct communications with respect to this Agreement by e-mail or similar electronic means, but such electronic communications do not constitute "notice" as contemplated by this Agreement or in any manner amend the terms of the Agreement. Nor shall the use of the phrase "in writing" or the word "written" be construed to include e-mails or other such electronic communications except to the extent that this executed Agreement, any amendment thereto, or any Subsequent Solution Pricing is sent as a transmittal of an attachment between the parties or their representatives in .pdf or similar format. 12.11 Force Majeure. Excluding Customer's payment obligations, if the performance of this Agreement or of any obligation hereunder is interfered with by reason of any circumstances beyond the reasonable control of the party affected, including, without limitation, fire, explosion, power failure, acts of God, war, revolution, civil commotion, acts of public enemies, any law, order, regulation, ordinance, or requirement of any government or legal body, or any representative of any such government or legal body, or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts, then the party affected shall be excused from such performance on a day- to-day basis to the extent of such interference (and the other party shall likewise be excused from performance of its obligations on a day-to-day basis to the extent such party's obligations relate to the performance so interfered with); provided that the party so affected shall use reasonable efforts to remove such causes of nonperfonnance. 12.12 Press Releases. Customer agrees that NuPark may, and Customer hereby authorizes NuPark to, reference and use Customer's name in press releases or news releases and/or other marketing collateral. If NuPark desires to use a quote from Customer personnel, NuPark shall first obtain Customer's consent to using such quote in any press or news release. 12.13 Survival of Obligations. All rights and obligations of the parties under this Agreement, including, without limitation, those contained in the indemnity and confidentiality provisions herein, which by their nature would continue beyond the termination or expiration of this Agreement, shall survive termination or expiration of this Agreement and shall remain in full force and effect between the parties. 12.14 Counterparts. This Agreement may be executed in several counterparts, each of which when executed and delivered shall be deemed an original and each of which alone and all of which together shall constitute one and the same instrument. Facsimile signatures (or signatures in a .pdf or similar copy of the original) shall be treated as original signatures for the purpose of enforcing this Agreement and/or any amendment or Subsequent Solution Pricing. Any signature delivered by a party by facsimile transmission or electronic delivery shall be deemed to be an original signature hereto. In pleading or proving this Agreement, it will not be necessary to produce or account for more than one such counterpart. [SIGNATURE PAGE FOLLOWS] I