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7.3 If Customer desires to secure the support services specified in this Agreement via a lease or other financing option, this Agreement shall be incorporated by reference in the lease agreement or financing agreement and the terms and conditions herein shall supersede any purchase order, assignment agreement, or other contract of the lessor or lender. Notwithstanding a lease or other financing option, Customer shall continue to be fully obligated under this Agreement. 7.5 All amounts due and payable to TriTech hereunder shall, if not paid when due, bear interest at the rate of one and one half percent (1.5%) per month, or the highest rate permitted by law, whichever is less, from fifteen (15) days after their due date until paid. 8.0 CONFIDENTIALITY 8.1 The parties understand and agree that the confidentiality restrictions contained in the Software License Agreement shall also apply to this Agreement. 9.0 LIMITATION OF LIABILITY 9.1 The total liability of TriTech for any claim or damage arising from the support services including but not limited to error correction, Updates or support of the TriTech Software, or otherwise related to this Agreement, whether in contract or in tort, shall be limited to direct damages which shall not exceed the support fee(s) paid by Customer under this Agreement to TriTech for the specific service which is the subject of such claim or damage. 9.2 Except for actions for copyright, trade secret, or trademark infringement, no arbitration, action or proceeding arising out of any claimed breach of this Agreement or transaction may be brought by either party more than two (2) years after the cause of action has accrued. 9.3 IN NO EVENT SHALL TRITECH OR ITS SUPPLIERS BE LIABLE WHETHER IN CONTRACT OR IN TORT FOR LOST PROFITS, LOST SAVINGS, LOST DATA, LOST OR DAMAGED SOFTWARE, OR ANY OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR NON-USE OF THE TRITECH SOFTWARE, OR OTHERWISE RELATED TO THIS AGREEMENT, REGARDLESS OF WHETI4ER TRITECH HAS NOTICE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. I1111MJd403FIN IAL1/_1:7-1kdR-AdF]11 10.1 Any controversy or claim arising under or related to this Agreement shall first be submitted to mediation under the Commercial Mediation Rules of the American Arbitration Association. Thereafter, any unresolved controversies or claims arising hereunder shall be settled by arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The provisions of Section 1283.05 of the California Code of Civil Procedure (Right To Discovery) are hereby incorporated into, made a part of, and made applicable to any arbitration hereunder. The location of any such mediation and/or arbitration shall be San Diego County, California. The mediator and/or arbitrator shall be selected from the high technology panel of the Association. Any court having jurisdiction over the matter may enter ajudgment upon the award of the arbitrator. Service of a petition to confirm the arbitration award may be made by Untied States Mail, postage prepaid, or by any regularly conducted commercial express mail service, to the attorney for the party or, if not so represented, to the party at the address set forth herein, or to the party's last -known business address. The prevailing party in any action or proceeding hereunder will be entitled to reasonable attorney fees. 10.2 The arbitrator(s) shall have the power at the arbitrator's discretion to appoint a Special Master or consultant for the purpose of analyzing technical issues and preparing a report to the arbitrator on such analysis, and performing such other tasks as the arbitrator(s) may deem necessary for a fair and proper determination of the issues submitted to arbitration. The costs of the services of such Special Master or consultant shall initially be shared equally by the parties pro rata and shall upon the award be deemed to be expenses of the arbitration which may be assessed against the losing party. �/ Software Support Agreement (24 Hour) -Agreement Number 1087 Customer:4�-�:./ TriTech: Page of V6 - 5/94 Copyright 0 American TriTech