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<br /> C(o~ <br />Network Computing Corporation <br /> ARTICLE 16: NOTICES: All notices under this Agreement shall be in writing and shall be deemed <br /> duly given, upon delivery, if delivered by hand (against receipt); upon acknowledgement of receipt if sent <br /> by facsimile; or three (3) days after posting if sent by registered mail (receipt requested) to a party hereto <br /> at the address hereinabove set forth or to such other address as a party may designate by notice pursuant <br /> hereto. <br /> ARTICLE 17: ENTIRE AGREEMENT: <br /> (A) This Contract and the Exhibits embody the whole agreement of the parties with respect to the <br />¡ maintenance of the Licensed Software. There are not promises, terms, conditions, or obligations <br /> referring to the subject matter hereof other than contained herein. <br /> (B) No amendment or modification of this Agreement shall be valid or binding on any party unless such <br /> amendment or modification is in writing and signed by the duly authorized representative of both <br /> parties. <br /> ARTICLE 18: AUTHORITY: Each party has full power and authority to enter into and perform this <br /> Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and <br /> empowered to enter into this Agreement. Each party further acknowledges that it has read this Agreement, <br /> understands it, and agrees to be bound by it. <br /> ARTICLE 19: FORCE MAJEURE: Neither party shall be responsible for, or shall be deemed to have <br /> breached this Agreement by reason of any delay or failure in performance resulting from occurrences beyond <br /> the control of such party, or , causes beyond the control and without the fault or tlegligence of such party. <br /> Such acts shall include but not be limited to: an act of God; an act of war; riot; an epidemic, fire, flood or <br /> other disaster; a strike or lockout; a communication line failure, power failure, or failure of the computer <br /> equipment or non-NCC developed software. <br /> ARTICLE 20: BINDING EFFECT: This Agreement shall be binding upon, and shall ensure to the <br /> benefit of NCC and Client and their respective successors or assigns. <br /> ARTICLE 21: NO ASSIGNMENT: Neither this Agreement, nor any right or interest hereunder, shall <br /> be assigned by either party without the prior written consent of the other party. Any assignment or <br /> attempted assignment, whether by operation of laws or otherwise without the written consent of the other <br />- party, shall at the option of the other party, be null and void. <br /> 6 <br />