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4.4.2. Damage by Accident or External Cause <br />damage to the Application Package Programs by accident or other <br />external cause, the fault or negligence of any party other than <br />VISIPHOR, or use by Customer in other than its normal and customary <br />manner; or <br />4.4.3. Unauthorized Modifications <br />as a result of any unauthorized modification made by Customer or any <br />party other than VISIPHOR, <br />even if VISIPHOR has knowledge of the possibility of such potential loss or damage. If, as a <br />result of one or more of the foregoing circumstances Customer requires assistance, VISIPHOR <br />agrees to provide such assistance on a T&M basis. <br />5. TERM, DEFAULT AND TERMINATION <br />5.1. The term of this Customer Support Agreement commences Aug 1, <br />2007 ,and continues for a period of 12 months, ending July 31, <br />2008 VISIPHOR will offer subsequent renewals so long as Customer is not in breach of <br />Section 4.2 and provided all sums and amounts due under Section 3 are paid when due. The <br />Customer shall have a right on 90 days written notice to VISIPHOR to terminate this Agreement <br />at any time during the initial term or any renewal term of this Agreement. Any fees paid in <br />advance for a period of time subsequent to the termination date shall be considered non- <br />refundable. <br />5.2. The Customer further reserves the right to terminate this Agreement without penalty <br />or future liability at its fiscal yeaz end due to lack of appropriations. <br />5.3. If, after termination of this Agreement, Customer requests Support, VISIPHOR may <br />agree to provide such Support and Customer shall pay for same forthwith on a T&M basis at <br />VISIPHOR's then current rates. VISIPHOR shall provide an advance estimate of the T&M <br />charges for any support to be provided at the request of the Customer. The Customer shall be <br />obligated to pay no more than the estimate for such Support Services. <br />5.4. In the event that either party (the "Defaulting Party") shall neglect, fail or refuse to <br />perform under any of the provisions of this Agreement, then the other party (the "Non-Defaulting <br />Party") may deliver to the Defaulting Party notice of intention to terminate this Agreement which <br />notice shall specify the alleged neglect, failure or refusal and, if within 30 days after the date of <br />delivery of such notice, the Defaulting Party shall not have fully cured all the defaults indicated <br />therein, or presented a plan acceptable to the Non Defaulting Party to cure such defaults, then <br />upon expiration of such 30 days, the Non Defaulting Party may, at its option, elect to terminate <br />this Agreement. Where the Defaulting Party commits a second breach of the Agreement, the <br />Non-Defaulting Party shall have a right to terminate this Agreement on 7 days notice to the Non- <br />Defaulting Party. Where the Customer terminates this Agreement pursuant to this paragraph, all <br />advance payments by the Customer to cover services post the termination date shall be refunded <br />to the Customer in full. <br />5.5. Notwithstanding Clause 5.4, if the Customer fails to pay VISIPHOR as required by <br />this Agreement, VISIPHOR shall not be required to provide Support forthwith after delivery of <br />251-11 <br />