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<br />5.0 BREACH OR DEFAULT <br /> <br />\.,.., <br /> <br />Should either Party be in breach or default of its obligations in relation to the <br />Maintenance Services, the other Party shall give a written notice stating that a breach or <br />default exists. If the Party in default has not started or completed appropriate correcti ve <br />action within sixty (60) days of receipt of the written notice, then the other Party may at <br />its option send a notice of default and may elect at its sole discretion to cancel the <br />Maintenance Services and to exercise any right or remedy it has in law, subject to the <br />terms of this Maintenance Agreement. <br /> <br />6.0 FORCE MAJEURE <br /> <br />Positron shall not be deemed to be in default nor be held responsible for any delays or <br />failures resulting from an event of Force Majeure or for any delays resulting from the <br />Customer or any of the Customer's third party vendors. The Customer shall use <br />reasonable efforts to ensure the Customer's third party vendors collaborate with Positron <br />in a reasonable and timely manner. <br /> <br />7.0 LIMITATION OF LIABILITY <br /> <br />'-' <br /> <br />IN NO EVENT SHALL POSITRON BE UABLE FOR ANY INDIRECT, <br />INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR <br />SIMILAR OR ADDITIONAL DAMAGES INCURRED OR SUFFERED INCLUDING <br />LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF DATA, LOSS OF BUSINESS <br />INFORMATION, LOSS OF GOODWILL, LOSS OF EXPECTED SAVINGS OR <br />BUSINESS INTERRUPTION ARISING OUT OF OR IN CONNECTION WITH THIS <br />MAINTENANCE AGREEMENT OR THE MAINTENANCE SERVICES FURNISHED <br />HEREUNDER, EVEN IF POSITRON HAS BEEN ADVISED OR IS AWARE OF THE <br />POSSIBILITY OF SUCH DAMAGES. <br /> <br />8.0 LOCAL SERVICE PROVIDER <br /> <br />Notwithstanding anything to the contrary in this Maintenance Agreement or the <br />Agreement, Positron may subcontract on-site maintenance services to a local service <br />provider. <br /> <br />"" <br /> <br />