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Quick Start Implementation Agreement Re: Agreement Addendum #091001 Page 8 of 10 INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS, OR OTHER ECONOMIC DAMAGES, AS A RESULT OF ANY BREACH OF THIS AGREEMENT OR ANY WARRANTY, REGARDLESS OF WHETHER HIGH LINE WAS ADVISED OF, KNEW OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. HIGH LINE'S LIABILITY FOR ANY HIGH LINE BREACH OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER TO HIGH LINE FOR THE PRODUCT OR SERVICE IN QUESTION. 10.7 Enurement: This Agreement shall enure to the benefit of and be binding upon the parties' respective successors and permitted assigns. CUSTOMER shall not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of HIGH LINE (such consent not to be unreasonably withheld or delayed), and any such attempted assignment shall be void; provided that CUSTOMER may assign this Agreement, or any of its rights or obligations hereunder, upon prior written notice to HIGH LINE, to any of its subsidiaries or affiliated companies, or to a surviving corporation in a merger or consolidation to which CUSTOMER is a party, or to any person that acquires all or substantially all of CUSTOMER's capital stock or assets, without the consent of HIGH LINE as long as such assignee is not competing with HIGH LINE or proposing or planning to compete HIGH LINE in the development and sale of Licensed Software competitive with the Licensed Software forming the subject matter of this Agreement; provided that CUSTOMER shall remain liable hereunder notwithstanding any such assignment. 10.8 Notices: Any notices or communication under this Agreement shall be in writing and shall be hand delivered or sent by prepaid courier to the party receiving such communication at the address set out above, or such other address as a party may in the future specify to the other party; and shall be deemed received at the time the hand delivered or couriered copy is delivered or refused for delivery at the address specified. 10.9 Applicable Laws and Jurisdiction: This Agreement is governed by and will be construed under the laws of the State of Texas. All obligations of both parties are performable and exclusive venue for any dispute arising under Agreement is in Hays County, Texas.. 10.10 Currency: All sums set out in the Licence Agreement Addendum #091001 or in any Schedule hereto shall be in United States Dollars unless specifically stated otherwise. 10.11 Due Date: Unless otherwise agreed or specified, all HIGH LINE invoices shall be due and payable within thirty days of their issue date, and overdue invoices shall bear interest at the simple interest rate of I% per year as per Texas law. 10.12 Forbearance: Failure of either party to exercise any right provided for herein, shall not be deemed to be a waiver of that or any other right hereunder. 10.13 Force Majeure: Dates and times of either party to perform their obligations under this Agreement shall be automatically postponed to the extent and for the period that the party in question is prevented from meeting their obligations for any reason or cause beyond their reasonable control, provided that the party in question notifies the other of the commencement and nature of such cause and uses its reasonable efforts to render performance in a timely manner. 10.14 Entire Agreement: This Agreement, the Schedules attached, and any addendum in writing executed by both parties, set forth the entire agreement between the parties as to the subject