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If to Pictometry: I f to Licensee: <br /> <br />Pictometry International, Corp. <br />100 Town Centre Drive, <br />Suite A Rochester, NY 14623 <br />Attn: Michael J. Neary <br /> <br />Executive Director of Public Works <br />City of Santa Ana <br />20 Civic Center Plaza (M 21) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Telefacsimile (714) 647-5622 <br /> <br />11.5 <br /> <br />Execution of Agreement, Controlling Law, and Jurisdiction. This Agreement will <br />become effective only after it has been signed by Licensee and has been accepted by <br />Pictometry at its principal place of business. <br /> <br />11.6 <br /> <br />Severability. In the event that any of the provisions of this Agreement shall be held <br />by a court or other tribunal of competent jurisdiction to be unenforceable, such <br />provision will be enfomed to the maximum extent permissible and the remaining <br />portions of this Agreement shall remain in full force and effect. <br /> <br />11.7 <br /> <br />Force Majeure. Pictometry shall not be responsible for any failure to perform due to <br />unforeseen circumstances or to causes beyond Pictometry's reasonable control, <br />including but not limited to acts of God, war, riot, embargoes, acts of civil or military <br />authorities, fire, floods, accidents, strikes, failure to obtain export licenses or shortages <br />or delays of transportation, facilities, fuel, energy, supplies, labor, or materials. In the <br />event of any such delay, Pictometry may defer the delivery of Licensed Products for a <br />period equal to the time of the delay. <br /> <br />1N WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date <br />specified below. <br /> <br />Attachments: <br />Schedule A: Description of Licensed Products, License Fees <br />Schedule B: Licensee Image Sales Pricing <br />Schedule C: Digital Imagery Specifications <br />Schedule D: Sector Map <br />Schedule E: Definitions <br /> <br />ATTEST: , / <br />Clerk of the Council <br /> <br />CITY//O~/SAN/~ <br /> <br />DAViD N. REAM <br />City Manager <br /> <br />Page 11 of 12 021110 <br /> <br /> <br />