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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 dayon which it is delivered ortransmitted (or on the next succeeding business day if delivered or received by facsimile after 5�00 pm. 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 ofmailing, and addressed, inthe case ofSmartWodks,to: [insert address] Fax No.: Attention: [insert inaime] With acopy to: N.HARR8S COMPUTER CORP 1Antares Drive, Suite400 Ottawa, Ontario K2E8C4 Attention: General Counsel Teiephonn::813'228-5511,Ext. 214A And in the case of Customer, to� City nfSanta Ana 20Civic Center Plaza P.O.Box 1QO8 Santa Ana, CA 02702 Attn: Clerk ofthe Council With copy toExecutive Director, Public Works Agency (at same address) U) Assignment. Customermay not assign any of its rights orduties under this Agreement without the prior x«hth*n consent ofSmer8Worka. The Agreement sboU inure tothe benefit ofand be binding upon the parties to this Agreement and their respective successors and permitted assigns. 0) Counterparts. ThisAgreement may be executed in two (2)ormore counterparts, each ofwhich shall be deemed an original and which shall together constitute one Agreement. (k) heSoftware was (i)developed exclusively at private ewpense,,0H is a trade secret of SmartWorka or its licensors for the purposes of the Freedom of Information Act- (iii) are "commercial computer software" subject to limited utilization (Restricted Rightm)�; and (iv) including all copies of the Software, in all respects is and ahoU remain proprietary to SmartVVorka or its licensors. Use, duplication or disclosure bythe U.S.Government orany person orentity acting onits behalf is subject torestrictions for software developed exclusively at private expense as set forth in: (i) for the DoD, the Rights in Technical Data and Computer Smfbvona clause at DFARS 252227-7013 and/or 252.2277014 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 facilityfor which it was acquired.All other US.Government personnel using the Software are hereby on notice that use of the Software is subject to restrictions that are the same as, orsimilar to, those specified above. The manufacturer/owner isN Harris Computer Corporation.