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M. BREACH OF AGREEMENT. In the event of an actual or threatened breach by either party of the provisions of this agreement, either party shall be entitled to injunctive relief restraining the other party from the breach or threatened breach. Nothing herein shall be construed as prohibiting either party from pursuing any other remedies avaiiable for such breach or threatened breach, including the recovery of damages. Paragraphs 3F, 3G, 3L, 3M, 3N and the entirety of Sections 4, 5, 6, 7 and 8 of this agreement shall survive the expiration or termination of any agreement or relationship between the parties for any reason, and shall be enforceable notwithstanding the existence of any ciaim or cause of action of Licensee against the other party predicated on any contract or other basis whatsoever. In the event it is necessary to employ an attorney to enforce this agreement, file suit, or collect monies due, the prevailing party shall be entitled to reasonable attorney's fees and costs. N. DISPUTES. If a dispute arises out of or relates to this agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration, litigation, or some other dispute resolution procedure. However, nothing herein shall prevent either party from taking appropriate legal action to enforce this agreement or recover damages in the event of an alleged breach. O. CHOICE OF LAW. This agreement shall be governed by the laws of the State of ARIZONA. 4. CONSIDERATION. A. LICENSE FEES. Licensee agrees to pay Licensor the total of the amounts specified in Section 4F below. Unless otherwise agreed to by the parties, all amounts listed below are due and payable within thirty (30) days of the completion of any training services, or if no training services are included herein within thirty (30) days of delivery; Licensor agrees to invoice Licensee following training, or upon delivery if training is not included herein. Failure of Licensee to give written notice detailing the reasons for any claim that Licensor has failed to deliver in accordance with this agreement, shall be automatically deemed as acknowledgment that delivery was made and that training was completed and that the invoice is therefore payable. Licensee agrees to pay, upon demand of Licensor, one-and-one-half percent (1.5%) per month interest on any payable amounts not received within thirty (30) days of receipt of invoice from Licensor. B. TAXES AND REGISTRATION FEES. Licensee shall, in addition to the other amounts payable under this agreement, pay any state, county, city imposed license, registration, or franchise fees imposed upon Licensor, sales and other taxes, federal, state or otherwise, however designated, which are levied or imposed by reason of the transactions contemplated by this agreement. It is understood by both parties that the above does not include federal, state, or local taxes on Licensor's income from this transaction. Without limiting the foregoing, Licensee shall promptly pay an amount equal to any such items actually paid, or required to be collected or paid by Licensor. C. AMOUNTS PAYABLE BY LICENSEE FOR SIGMA SOFTWARE LICENSE. ITEM SIGMA 5 Applicant Management System, Professional Edition (AMS-PE) (Includes One [1] Licensed User): Four (4) Additional AMS-PE Users Licensed @ $2,500.00 each: 45% Sigma 4 customer discount (if on support) PRICE Total Software Cost: $ 20,000.00 $10,000.00 ($13,500.00) $16,500.00 Page 5 of 8 www.gosigma.COlll