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matter and supersedes all prior and contemporaneous un- <br />derstandings or agreements of the parties. No party has <br />been induced to enter into this Agreement by, nor is any <br />party relying on, any representation or warranty except those <br />inducements, representations and warranties expressly set <br />forth in this Agreement. <br />k. Non- 5oiicit/Non -Hire. The parties agree not to soli- <br />cit (other than a general solicitation to the public) the em- <br />ployment of, engage as an independent contractor, or hire, <br />any employee of the other party while such person is an <br />employee of the other party and until such person has not <br />been an employee of the other party for 6 months. <br />I. Modification. The parties may modify or amend this <br />Agreement by a writing signed by both parties. <br />m. Force Majeure. Neither party shall be liable under <br />this Agreement for failure or delay in performance caused by <br />a Force Majeure Event. If a Force Majeure Event occurs, <br />the party affected shall use commercially reasonable efforts <br />to resume the performance excused by the Force Majeure <br />Event. <br />n. Signature; Counterparts. This Agreement Is not <br />binding on the parties until both parties have signed it and <br />have received a copy signed by the other party. However, <br />both signatures need not appear on the same copy of this <br />Agreement, so long as both signed copies have identical <br />contents. The parties may transmit signatures on this <br />Agreement by electronic transmission, which shall be btnd- <br />Ing upon the parties. Counterparts with original signatures <br />shall be provided to the other party within 5 days of electron- <br />ic transmission; however, the failure to provide the original <br />counterpart shall have no effect on this Agreement's enfor- <br />ceability or binding nature. If executed in counterparts, this <br />Agreement will be as effective as If simultaneously executed. <br /><Signature Page Follows> <br />Yardi 1� Ciien# <br />Confl Hal ` <br />E?gte of Preparation; July 23, 2009 7:22 AM <br />