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<br /> D. Customer acknowledges that disclosure of proprietary <br /> information contrary to this paragraph will cause NCC <br /> irreparable injury and in the event of a breach or threatened <br /> breach by Customer of the provisions of this paragraph, NCC <br /> shall be entitled (in addition to all other remedies available <br /> to NCC) to seek an injunction restraining Customer from <br /> disclosing, in whole or in part, any confidential information. <br /> E. Improvements. All new program modifications and improvements <br /> become a part of original software system and are subject to <br /> terms and conditions of this agreement. Software modifications <br /> and improvements are provided as part of the Maintenance <br /> Agreement. <br /> SECTION VI WARRANTIES <br /> A. NCC warrants it will provide equipment, software, and training <br /> outlined in aforementioned proposal. NCC further warrants its <br /> software will perform in accordance with the Utility Billing <br /> system provided to Customer by NCC, and will function <br /> effectively to transfer meter reading data from Itron equipment <br /> to Customer's mainframe computer. <br /> This warranty is in lieu of all other warranties, expressed <br /> or implied. <br /> B. Customer expressly agrees that NCC's liability for damages of <br /> any sort arising out of this agreement will not exceed the <br /> total charges collected from Customer by NCC. Customer further <br /> agrees that NCC will not be liable for any incidental or <br /> consequential damages, or for any claim or demand against the <br /> customer by any third party. <br /> SECTION VII MISCELLANEOUS PROVISIONS: <br /> A. Benefit. This agreement shall be binding upon and inure to <br /> the benefit of the parties hereto and their successors and <br /> assigns. <br /> B. Governing Law. This agreement shall be governed by the Laws <br /> of the State of Texas. <br /> C. Construction with other Agreements. This Agreement is entered <br /> into by the Customer simultaneously with Agreement between the <br /> Customer and Itron, Inc. of Spokane, Washington, pertaining to <br /> hand held meter-reading equipment. This Agreement shall be <br /> construed in the context of these other agreement and with a <br /> view towards the provision by NCC and Itron of a functional <br /> utility meter reading and billing system. <br />