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Client. This section 18.0 states the entire obligation of TriTech regarding infringement of
<br />intellectual property rights, and it will survive the termination of this Agreement.
<br />19.0 INTENTIONALLY DELETED
<br />20.0 SALES, USE AND PROPERTY TAX
<br />20.1 Unless exempt from such taxes, Client shall be solely responsible for payment or
<br />reimbursement to TriTech of all sales, use, value added or similar taxes imposed upon this
<br />Agreement by any level of government, whether due at the time of sale or asserted later as a
<br />result of audit of the financial records of either Client or TriTech. If exempt, Client shall provide
<br />to TriTech written evidence of such exemption. Client shall also pay any personal property taxes
<br />levied by government agencies based upon Client's use or possession of the items acquired or
<br />licensed in this Agreement.
<br />21.0 SEVERABILITY
<br />21.1 If any term, clause, sentence, paragraph, article, subsection, section, provision,
<br />condition or covenant of this Agreement is held to be invalid or unenforceable, for any reason, it
<br />shall not affect, impair, invalidate or nullify the remainder of this Agreement, but the effect
<br />thereof shall be confined to the term, clause, sentence, paragraph, article, subsection, section,
<br />provision, condition or covenant of this Agreement so adjudged to be invalid or unenforceable.
<br />22.0 FORCE MAJEURE/EXCUSABLE DELAY
<br />22.1 Neither party shall be responsible for failure to fulfill its obligations hereunder or
<br />liable for damages resulting from delay in Delivery or performance as a result of war, acts of
<br />terrorism, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order
<br />or regulation, complete or partial shutdown of plant, unavailability of equipment or software
<br />from suppliers, default of a subcontractor or vendor (if such default arises out of causes beyond
<br />its reasonable control), the actions or omissions of the other party or its officers, directors,
<br />employees, agents, contractors or elected officials and/or other similar occurrences beyond the
<br />party's reasonable control ("Excusable Delay" herein). In the event of any such Excusable
<br />Delay, Delivery or performance shall be extended for a period of time as may be reasonably
<br />necessary to compensate for such delay. The party affected by an Excusable Delay hereunder,
<br />shall provide written notice to the other party of such delay as soon as reasonably possible.
<br />23.0 CONSTRUCTION AND HEADINGS
<br />23.1 The division of this Agreement into sections and the use of headings of sections
<br />and subsections are for convenient reference only and shall not be deemed to limit, construe,
<br />affect, modify, or alter the mewling of such sections or subsections.
<br />Santa Ana System Purchase and Support Agreement
<br />Copyright © 2015 TriTech Software Systems
<br />Unpublished: Rights reserved under the copyright laws of the United States
<br />Page 26 of 104
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