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7ð ]) from date of invoice. Heron, Inc. agrees to reinstate program maintenance services promptly upon payment of all past due charges. (D) To the extent that Modifications are not included in new Releases of the Licensed Software, and the Client elects to utilize Heron, Inc.' s services to incorporate such Modifications in the New Release, the Client will reimburse Heron, Inc. for employee time at Heron, Inc. 's then applicable hourly rates to reproduce the Modifications in the new Release. (E) Heron, Inc.' s maintenance and support responsibilities for third Party Software shall be limited to the normal telephone support to identify and verify the existence of a problem and report the problem to the appropriate vendor as specified by Heron, Inc. 's contract with the vendor. (F) In the event the Client requests support services not included under the terms of this Agreement, such services will be furnished at Heron, Inc.' 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 Heron, Inc. derives from this Agreement or the Software License Agreement are not subject to set-off or retention as the result of disputed c1aims. (H) Modification of the Licensed Software by Client invalidates any warranty on that Application and if services are desired for the Client modified Licensed Software, such support will be on a best efforts time and materials basis at Heron, Inc.' s prevailing rate. , ARTICLE 10: REGULATORY CHANGES: Heron, Inc. will, at no charge to Client, update client's Licensed Software to ensure that the Licensed Software continues to meet all current and future Federal regulations. The Client will be responsible for informing Heron, Inc. of the changes required to the Licensed Software. Heron, Inc. 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 Federal deadlines imposed. Such updates will be issued as New Releases. ARTICLE 11: WARRANTY AND LIMITED LIABILITY: EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN, HERON, INC. DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS. CLIENTS EXCLUSIVE REMEDY FOR HERON, INC. 'S BREACH OF THIS AGREEMENT SHALL BE LIMITED TO RE-PAYMENT BY HERON, INC. OF MAINTENANCE FEES PAID UNDER THIS AGREEMENT. IN NO 5