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<br /> 706 <br /> EVENT SHALL HERON, INC. BE LIABLE FOR ANY SPECIAL CONSEQUENTIAL OR <br /> INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, <br /> NEGLIGENCE, OR OTHERWISE. <br /> ARTICLE 1.2: APPLICABLE LAW: The laws of the State of Texas shall <br /> govern interpretation of this Agreement. <br /> ARTICLE 1.3: HEADINGS NOT CONTROLLING: Headings used in this <br /> Agreement are for convenience only and shall not be used in <br /> construing or interpreting any provision. <br /> ARTICLE 1.4: COMPLIANCE: If any term or provision of the Agreement <br /> shall be found to be illegal or unenforceable then it shall be <br /> stricken. Whereupon this Agreement, as so amended, shall remain in <br /> full force and effect. <br /> ARTICLE 1.5: CONSENT TO BREACH NOT WAIVER: No term or provision <br /> hereof shall be deemed waived and no breach excused, unless such <br /> waiver or consent shall be in writing and signed by the party <br /> claimed to have waived or consented to such breach. The consent by <br /> any part to, or waiver or, a breach by the other, whether expressed <br /> or implied, shall not constitute a consent to, waiver of, or excuse <br /> for any other or subsequent breach. <br /> ARTICLE 1.6: NOTICES: All notices under this Agreement shall be in <br /> writing and shall be deemed duly given, upon deliveny, if delivered <br /> by hand (against receipt) i upon acknowledgement of receipt if sent <br /> by facsimile i or three (3) days after posting if sent by registered <br /> mail (receipt requested) to a party hereto at the address <br /> hereinabove set forth or to such other addresses as a party may <br /> designate by notice pursuant hereto. <br /> ARTICLE 1.7: ENTIRE AGREEMENT: <br /> (A) This Contract and the Exhibits embody the whole agreement of <br /> the parties with respect to the maintenance of the Licensed <br /> Software. There are not pro¡:nises, terms, conditions, or <br /> obligations referring to the subject matter hereof other than <br /> contained herein. <br /> (B) No amendment or modification of this Agreement shall be valid <br /> or binding on any party unless such amendment or modification <br /> is in writing and signed by the duly authorized representative <br /> of both parties. <br /> ARTICLE 18: AUTHORITY: Each party has full power and authority to <br /> enter into and perform this Agreement, and the person signing this <br /> Agreement on behalf of each party has been properly authorized and <br /> empowered to enter into this Agreement. Each party further <br /> acknowledges that it has read this Agreement, understands it, and <br /> agrees to be bound by it. <br /> ARTICLE 1.9: FORCE MAJEURE: Neither party shall be responsible <br /> for, or shall be deemed to have breached this Agreement by reason <br /> 6 <br />