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or special, consequential. or punitive damages, and SourceHarbor's liability shall not be greater than the fees paid by Licensor and Licensee(s) under this Agreement. ~ Section 11: Miscellaneous ""' ~ 11.1 Notices: All limitation periods mentioned in this Agreement will commence with the dat~ the relevant notification is sent. The Parties shall have the right to rely on the last known address of the other parties as defmed in Attachment C. Any correctly addressed notice or last known address of the other parties that is relied on herein that is refused, unclaimed or undeliverable because of an act or omission of the party to be notified as provided herein shall be deemed effective as of the first date that said notice was refused. unclaimed or deemed undeliverable by the postal authorities by First Class mail, courier or commercial express courier. Notifications with regard to Section 3.3 and Section 8 must be received by SourceHarbor within the set limitation period. 11.2 Controlling Law: This Agreement is governed by the laws of the State of California, without regard to its conflict of law provisions. In the event one or more of the provisions of this Agreement becomes invalid, the other provisions remain in force. Any invalid provision is to be replaced with a valid provision. which comes as close as legally possible to the economic effect of the invalid provision. 11.3 Counterparts: TIlls Agreement may be executed in any number of counterparts, each of which shall be an original. but all of which together shall constitute one instrument. 11.4 Entire Agreement: This Agreement is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals. understandings and all other agreements. oral or written. between the parties relating to the subject matter of this Agreement. The Agreement may not be modified, altered or amended except by written instrument duly executed by all the Parties. Page 6 SourceHarbor HarborTcch Escrow Agreement @2oo5Source Harbor. Inc. 112005. All Rights Reserved.