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<br />9'. Cancellation - Del~very of the order may be cancelled by Buyer. in whole or in part. at any time prior to the shipment. <br />In the event of such cancellation. Buyer will be I~able and agrees to pay cancellation charges to Intergraph in <br />accordance with the following schedule: <br />a. CanceU8tion notiCe received more than sixty (60) days prior to the shipment date; zero percent (0%) cancellation fee: <br />b. Cancellation notice received from sixty (SO) to thirty (30) days prior to the schedule shipment date; five percent <br />(5%) of the total order value of the cancelled eQUipment snellor software. <br />c. Cancellation notice received less than thirty (30) days from the scheduled shipment date: ten percent (10%)of <br />the total order value of the cancelled equipment and/or software, <br />Buyer agrees that title, rights and/or interests to the cancelled item(s) shall remain with Intergraph and that Buyer <br />shall have no titt" right and/or interest to such. <br /> <br />10. Re-schedule - Shipments are made within one hundred and twenty (120) days (unless otherwise specified) from the <br />receipt of an acceptable duly executed agreement from Buyer. Notification is required from Buyer to Intergraph in <br />writing thirty (30) days prior to any delay in the scheduled shipment date. Upon notification, a new shipment date <br />will be established by mutual agreement between Buyer .and Intergraph. If proper notification is not given, three siJ\ <br />percent (3%) of the total order value will be due and payable to Intergraph from Buyer, ,~ <br /> <br />11. Applicability - These Terms and Conditions apply to products sold through Intergraph's direct sales force. Products ;.0, <br />sold through alternate sales channels have separate Terms and Conditions. , , '~ <br /> <br />Li12. This Agreement shall be governed by the laws ,?f the State ,?fTexas. <br />In the event of any proceeding, voluntary or lnvoluntary, ln <br />bankruptcy or insolvency by or against a party, or in the event <br />of the appointment, with or without that party's co~sent, ?f an <br />assignee for the benefit of creditors, or ,?fa recelver, t~e <br />other party may elect to cancel any unfulfll1ed part of thlS <br />Agreement. <br /> <br />OOCCl23AO 4091 <br />