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NORTH STAW <br />Either party's lack of enforcement of any provision in this Support and Maintenance <br />Agreement in the event of a breach by the other shall not be construed to be a waiver of any <br />such provision and the non -breaching party may elect to enforce any such provision in the <br />event of any repeated or continuing breach by the other. <br />The parties agree that the terms and conditions contained herein shall prevail <br />notwithstanding any variations on any orders, a -mails or other correspondence submitted by <br />Organization. <br />The particular provisions of this Support and Maintenance Agreement shall be deemed <br />confidential in nature and neither Organization nor Harris shall divulge any of its provisions <br />as set forth herein to any third party except as may be required by law. <br />(a) Termination of this Support and Maintenance Agreement shall not affect any right <br />of action of either party arising from anything which was done or not done, as the <br />case may be, prior to the termination taking effect. <br />(b) The Organization and Harris recognize that circumstances may arise entitling the <br />Organization to damages for breach or other fault on the part of Harris arising <br />from this Support and Maintenance Agreement. The parties agree that in all such <br />circumstances the Organization's remedies and Harris's liabilities will be limited <br />as set forth below and that these provisions will survive notwithstanding the <br />termination or other discharge of the obligations of the parties under this Support <br />and Maintenance Agreement. <br />(c) THE AGGREGATE LIABILITY OF HARRIS TO ORGANIZATION FOR ALL <br />CLAIMS, SUITS, ACTIONS AND PROCEEDINGS HOWSOEVER ARISING, <br />DIRECTLY OR INDIRECTLY, UNDER OR RELATING TO THIS SUPPORT <br />AND MAINTENANCE AGREEMENT OR ITS SUBJECT MATTER, <br />INCLUDING THOSE BASED ON BREACH OR REESCISSION OF <br />CONTRACT, TORT, BREACH OF TRUST, OR BREACH OF FIDUCIARY <br />DUTY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF <br />FEES ACTUALLY PAID BY THE ORGANIZATION TO HARRIS UNDER <br />THIS SUPPORT AND MAINTENANCE AGREEMENT DURING THE THEN - <br />CURRENT TERM (AND IN NO EVENT BEING GREATER THAN 12 <br />MONTHS) OF THE SUPPORT AND MAINTENANCE AGREEMENT UP TO <br />AND INCLUDING THE DATE OF TERMINATION. <br />NorthStar Proposal Response — South Bend Indiana <br />