Agreement - Software & Licence - Fleet & Asset Management Software - CCG Systems Inc. dba FASTER Asset Solutions

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d. Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, FASTER DISCLAIMS ALL WARRANTIES WITH REGARD TO THE FASTER PRODUCT SOLD HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF MARKETABILITY AND FITNESS. EXCEPT WITH RESPECT TO FASTER'S INDEMNITY OBLIGATIONS SET FORTH IN SECTION 9.c, FASTER'S AGGREGATE LIABILITY TO THE CUSTOMER UNDER THIS AGREEMENT SHALL BE LIMITED AS SET FORTH IN SECTIONS 5 AND 6. e, Severability; Waiver If any provision or provisions of this Agreement shall be held to be invalid, illegal, or non - enforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall negotiate in good faith a mutually acceptable substitute provision consistent with the original intent of the parties, which is not so affected. Failure of either party to insist upon strict compliance with the terms of this Agreement shall not be construed as a waiver of such term. Failure of a party to comply with the terms of this Agreement may only be waived in a writing signed by the other party. f. Force Majeure Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if the delay or default is caused by conditions beyond its control including, but not limited to, Acts of God, Government restrictions, wars, insurrections and or any other causes beyond the reasonable control of the party whose performance is affected. g. Limitation Period No action, regardless of form, arising out of this Agreement may be brought by either party more than three (3) years after the cause of action has arisen, or, in the case of non-payment, more than three (3) years from the date of the last payment. h. Governing Law This Agreement will be governed by the laws of the state of Indiana. The Customer acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Further, the Customer agrees that it is the complete and exclusive statement of the agreement between the parties, which supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. All court actions or proceedings arising from or relating to this Agreement will be tried and litigated exclusively in the state and federal courts located in St. Joseph County, Indiana. i. Assignment.. Neither party may assign this Agreement without the prior written consent of the other party. For FASTER, this assignment provision is limited to assignment of the services to be provided under this Agreement to a subcontractor; provided, however, that FASTER agrees to notify the Customer immediately of any assignment of this Agreement not requiring the Customer's