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Network Computing Corporation (F) In the event the Client requests support services not included under the terms of this Agreement, such services will be furnished at NCC's discretion and subject to staff availability at the applicable hourly rates in effect at such time. These services include without limitation consulting by phone or on -site, training, system recovery assistance and Third Party Hardware and/or Software evaluations or assistance. (G) Client agrees that fees and charges that NCC derives from this Agreement or the Software License Agreement are not subject to set-off or retentions as the result of disputed claims. (H) Modification of the Licensed Software by Client invalidates any warranty on that Application of customer modifications are not performed under guidelines set forth by NCC, and if services are desired for unwarranted Client modified Licensed Software. ARTICLE 10: REGULATORY CHANGES: NCC will, at no charge to Client, update Clients' Licensed Software to ensure that the Licensed Software continues to meet all current and future State of Texas regulations. The Client will be responsible for informing NCC of the changes required to the Licensed Software. NCC will be responsible for adhering to all of the terms of this Agreement in changing the Licensed Software to meet new regulations and in meeting the deadlines imposed by the State of Texas. NCC will also use its best efforts to keep its Licensed Software current to comply with any Federal Regulations. Such updates will become Enhancements to the Licensed Software and issued as New Releases. ARTICLE 11: WARRANTY AND LIMITED LIABILITY: EXCEPT AS MAYBE EXPRESSLY SET FORTH HEREIN, NCC DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. CLIENTS EXCLUSIVE REMEDY FOR NCC'S BREACH OF T'HIS AGREEMENT SHALL BE LIMITED TO RE -PAYMENT BY NCC OF MAINTENANCE FEES PAID UNDER THIS AGREEMENT. IN NO EVENT SHALL NCC BE LIABLE FOR ANY SPECIAL CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. ARTICLE 12: APPLICABLE LAW: The laws of the State of Texas shall govern interpretation of this Agreement. ARTICLE 13: HEADINGS NOT CONTROLLING: Headings used in this Agreement are for convenience only and shall not be used in construing or interpreting any provision. ARTICLE 14: COMPLIANCE: If any term or provision of the Agreement shall be found to be illegal or unenforceable then it shall be stricken. Whereupon this Agreement, as so amended, shall remain in full force and effect. ARTICLE 15: CONSENT TO BREACH NOT WAIVER: No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented to such breach. The consent by any party to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other or subsequent breach.