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9.4. Survival. The following sections shall survive termination or expiration of this Agreement: Articles 3, 7,
<br />8, 9, 11 and 12; Sections 6.2 through 6.4, as well as any obligation to pay fees arising prior to termination or expiration.
<br />10. MARKETING PROGRAMS.
<br />10.1. Promotional Efforts. Client agrees to participate with Company, at Company's request, in a joint press
<br />release ("Press Release"). The Press Release will be issued on a mutually agreed upon date. Client and Company must
<br />both approve the Press Release in advance, such approval not to be unreasonably delayed or withheld.
<br />10.2. Client Acknowled ement. Client agrees that Company may disclose Client as a customer of Company.
<br />All trademarks, service marks, trade names, logos or other words or symbols ("Marks") identifying Company are, and will
<br />remain, the exclusive property of Company. Except as set forth herein, no license to use Company's Marks or logo is
<br />granted or implied hereunder.
<br />10.3. Exclusivity. Client agrees that, during the term of this Agreement, it shall not enter into any agreement
<br />with any third party providing for substantially similar services as those provided to Client by Company hereunder or
<br />otherwise use any third party system that performs substantially the same functions as the System.
<br />11. LEGAL COMPLIANCE
<br />11.1. Company. Company covenants that, to the extent any portion of the System is deemed not to be in
<br />compliance with any applicable federal law or regulation governing the use of the System, it will use commercially
<br />reasonable efforts to modify or enhance the System to remedy such non-compliance as soon as reasonably practicable.
<br />11.2. Client. Client covenants that, during the term of this Agreement, Client's operations in connection with
<br />the System will be in compliance with all applicable laws and regulations, including applicable laws and regulations
<br />relating to the storage, transmission and protection of personal information of individuals and that Client will maintain any
<br />required licenses or permits in connection therewith.
<br />11.3. Requests for Information. Client shall promptly comply with all reasonable requests for information from
<br />Company, provided that the subject matter of such requests relates to Client's use of the System, Client's compliance with
<br />its obligations under the Agreement, or the proper payment of fees.
<br />12. GENERAL PROVISIONS.
<br />12.1. Force Majeure. Neither Party shall be liable for any loss, damages or penalty (other than the obligation to
<br />pay money) resulting from causes beyond the reasonable control of such Party, including, but not limited to: force majeure,
<br />acts of God, labor unrest, fire, explosion, earthquake, accident, acts of public enemy, war, rebellion, insurrection, sabotage,
<br />epidemic, quarantine restrictions, labor or material shortages, embargoes, failure or delays in transportation, acts of
<br />governmental authorities or judicial action, or material interruption in telecommunications or utility service. Further,
<br />Company will not be held in breach of this Agreement if it fails to perform its obligations under this Agreement to the
<br />extent such nonperformance is attributable to acts, errors or omissions by Client or a third party supplier independently
<br />hired by Client.
<br />12.2. Iniunctive Relief. Client acknowledges that any breach by Client of Article 1, 2, or 3 of this Agreement
<br />may cause Company irreparable harm not compensable with money damages, and that in the event of such breach,
<br />Company shall be entitled to seek injunctive relief, without bond, from any court of competent jurisdiction.
<br />12.3. Assignment. Neither Party shall assign its rights, duties or obligations under this Agreement without the
<br />prior written consent of the other Party and such consent shall not be unreasonably withheld. Notwithstanding the
<br />foregoing, Company may assign this Agreement to an affiliate or in connection with any merger, reorganization or sale of
<br />substantially all of Company's assets used to provide the System or otherwise in connection with a change of control
<br />transaction without any consent from Client.
<br />Schedule C - Santa Ana Tow Operators
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