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<br /> defenses, setoffs, or counterclaims which Customer may be <br /> entitled to assert against ITRON. No such assignee shall <br /> assume or undertake any obligation of ITRON created <br /> hereundèr without assignee's written acceptance thereof <br /> expressed in the instrum~nt of assignment; and Customer <br /> shall continue to look to ITRON for performance of such <br /> obligations. Customer agrees to honor any assignment made <br /> hereunder; and thereafter, to pay all amounts due by it to <br /> assignee, to the extent of its rights and subject to <br /> Customer's rights hereunder. A successor in interest by <br /> merger, operation of law, or purchase of the entire business <br /> of either party shall acquire all interest and be subject to <br /> all obligations of such party hereunder. <br /> (c) Successor Liability <br /> This Agreement is binding upon and shall inure to the <br /> benefit of the parties, their successors in interest and <br /> assigns (as limited by 11 (b) above). <br /> (d) Interpretation of Agreement <br /> This Agreement shall be interpreted under and enforced in <br /> accordance with the laws of the State of Texas. <br /> (e) Severability <br /> If any part of this Agreement is judicially determined to be <br /> invalid, the parties agree that all remaining parts shall <br /> retain their full force and effect. <br /> (f) Modification of Agreement <br /> No part of this Agreement may be deleted, changed or <br /> expanded without the express written consent of both <br /> parties. <br /> (g) Concurrent Remedies <br /> No right or remedy herein conferred upon or reserved to <br /> ITRON is exclusive of any other right or remedy herein or by <br /> law or equity provided or permitted; but each shall be <br /> cumulative of every other right or remedy given hereunder or <br /> now or hereafter existing at law or in equity or by statute <br /> or otherwise and may be enforced concurrently therewith or <br /> from time to time. <br /> (h) Notices <br /> All notices in connection with this Agreement shall be given <br /> or made upon the respective parties in writing and shall be <br /> deemed to be given as of the day such notice is deposited in <br /> the U.S. mails, postage prepaid, certified or registered, <br /> return receipt requested, addressed as follows: <br /> CUSTOMER: City of San Marcos <br /> 630 East Hopkins <br /> San Marcos, TX 78666 <br /> Attn: Management Information Services Director <br /> ITRON: Itron, Inc. <br /> East 15616 Euclid Avenue, <br /> P. O. Box 15288 <br /> Spokane, WA 99215 <br /> Attn: Contract Administrator <br /> 4 <br />