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address or facsimile number set out below. Any such notice shall be conclusively deemed to have been given and received on the day on which it is delivered or transmitted (or on the next succeeding business day if delivered or received by facsimile after 5:00 p.m. local time on the date of delivery or receipt, or if delivered or received by facsimile on a day other than a business day), if personally delivered or sent by facsimile or, if mailed, on the third business day following the date of mailing, and addressed, in the case of SmartWorks, to: [insert address] Fax No.: Attention: [insert name] With a copy to: N. HARRIS COMPUTER CORP 1 Antares Drive, Suite 400 Ottawa, Ontario K2E 8C4 Attention: General Counsel Telephone: 613-226-5511, Ext.2149 And in the case of Customer, to: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council With copy to Executive Director, Public Works Agency (at same address) (i) Assignment. Customer may not assign any of its rights or duties under this Agreement without the prior written consent of SmartWorks. The Agreement shall inure to the benefit of and be binding upon the parties to this Agreement and their respective successors and permitted assigns. 0) Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and which shall together constitute one Agreement. (k) U.S. Government Restricted Rights. The Software was (i) developed exclusively at private expense; (ii) is a trade secret of SmartWorks or its licensors for the purposes of the Freedom of Information Act; (iii) are "commercial computer software" subject to limited utilization (Restricted Rights); and (iv) including all copies of the Software, in all respects is and shall remain proprietary to SmartWorks or its licensors. Use, duplication or disclosure by the U.S. Government or any person or entity acting on its behalf is subject to restrictions for software developed exclusively at private expense as set forth in: (i) for the DoD, the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and/or 252.227.7014 or any successor clause, and (ii) for all government agencies, the Commercial Computer Software — Restricted Rights clause at FAR 52.227-19 or any successor clause. The U.S. Government shall refrain from changing or removing any insignia or lettering from the Software or from producing copies of the Software and manuals (except one copy of the Software for backup purposes). Use of the Software shall be limited to the facility for which it was acquired. All other U.S. Government personnel using the Software are hereby on notice that use of the Software is subject to restrictions that are the same as, or similar to, those specified above. The manufacturer/owner is N. Harris Computer Corporation.