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fil"R04rW-ft <br />i <br />t <br />3.1 nos Agreement shall remain in fail force and effect excent as terminated as <br />follows: <br />a) If either party neglects or fails to perform, observe or cure within ninety <br />(90) clays of written notice of such failure to perform any of its existing or <br />future obligations. <br />b) This Agreement shall continue for the stated Term unless either party <br />terminates with sixty (60) days written notice to the other party. <br />c) If Organization attempts to assign this Agreement or any of its rights <br />hereunder, or undergoes a reorganization, without complying with the <br />Agreement, <br />ARTICLE IV <br />R H:MEDIES AND LIABILITY <br />4.1 Remedies and Liability <br />(a) Termination of this Agreement shall not affect any right of action of either party <br />arising from anything which was done or not done, as the case may be, prior to <br />the termination taking effect. <br />(b) The Organization and the Consultant recognize that circumstances may arise <br />entitling the Organization to damages for breach or other fault on the part of the <br />Consultant arising fi-orn this Agreement. The parties agree that in all such <br />circumstances the Organization's remedies and the Consultant's liabilities will be <br />limited as set forth below and that these provisions will survive notwithstanding <br />the termination or other discharge of the obligations of the parties trader this <br />Agreement. <br />(i) FOR BREACH OR DEFAULT BY THE CONSULTANT OR <br />OTHERWISE IN CONNECTION WITH THIS SUPPORT AND <br />MAINTENANCE AGREEMENT, INCLUDING A BREACI-I OR <br />DEFAULT ENTITLING THE ORGANIZATION TO RESCIND OR BE <br />DISCHARGED FROM THE PROVISIONS OF THIS SUPPORT AND <br />MAINTENANCE AGREEMENT AND WHETHER IN THE NATURE <br />OF A BREACH OF CONDITION OR A FUNDAMENTAL BREACH, <br />THE ORGANIZATION'S EXCLUSIVE REMEDY, IN ADDifION TO <br />ELECTING IF SO ENTITLED TO RESCIND OR BE DISCHARGED <br />25E -9 <br />