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notice period, the defaulting party cures such default to the satisfaction of the non - defaulting party <br />(as evidenced by written notice delivered by the non - defaulting party, termination shall not take <br />place. <br />(c) Consequences of Termination Upon termination of this Agreement for whatever reason, <br />(a) Tiburon shall be under no further obligation to provide support or any other services hereunder; <br />(b) Tiburon shall return to the Client all Client confidential information in Tiburon's possession and <br />shall certify in a written document signed by an officer of Tiburon that all such information has been <br />returned; (c) the Client shall return to Tiburon all Tiburon confidential information in the Client's <br />possession (including, without limitation, all devices, records, data, notes, reports, proposals, lists, <br />correspondence, specifications, drawings, blueprints, sketches, materials, equipment or other <br />documents or property relating to such Tiburon confidential information and all copies of any of <br />the foregoing (in whatever medium recorded) but not including any such information licensed to <br />and paid for by the Client and shall certify in a written document signed by the authorized Client <br />representative that all such information has been returned. <br />Exclusions to Technical Support Services <br />The following services are outside the scope of the Technical Support Services provided by <br />Tiburon and may result in additional charges, on a time and material basis: <br />(a) Repair of damage or the increase in service time due to any cause external to the <br />System which adversely affects its operability or serviceability, including but not be limited to, fire, <br />flood, water, wind, lightning, and transportation of the System from one location to another; <br />(b) Repair of damage or the increase in service time caused by failure to continually provide <br />a suitable installation environment, including, but not limited to, the failure to provide adequate <br />electrical power, air conditioning or humidity control, or the Client's improper use, management or <br />supervision of the System including, without limitation, the use of supplies and accessories. <br />Proper use and environmental requirements are determined by the Product documentation; <br />(c) Repair of problems caused by the use of the System for purposes other than for which it <br />is designed; <br />(d) Repair of problems caused by changes to the Hardware and /or the network made without <br />obtaining Tiburon's prior approval; <br />(e) Repair or replacement of any item of the System which has been repaired by others, <br />abused or improperly handled, improperly stored, altered or used with third party material, <br />software or equipment, which material, software or equipment may be defective, of poor quality or <br />incompatible with the System, and Tiburon shall not be obligated to repair or replace any <br />component of the System which has not been installed by Tiburon or a Tiburon authorized <br />technician; <br />(f) Removal, relocation and /or reinstallation of the System or any component thereof; <br />(g) Diagnosis time directly related to unauthorized components and /or misuse of the System, <br />whether intentional or not; <br />25P -22 <br />