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<br /> 411LI
<br /> CONCENTRIC
<br /> INTEGRATION
<br /> 15. Force Majeure.In no event will either parry be liable or responsible to the other party,or be deemed to have defaulted
<br /> under or breached this Agreement,for any failure or delay in fulfilling or performing any portion of this Agreement,(except for
<br /> any confidentiality or payment obligations), when and to the extent such failure or delay is caused by any circumstances
<br /> beyond such party's reasonable control(a "Force Majeure Event"), including acts of God,flood,fire, lightning,earthquake or
<br /> explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of this
<br /> Agreement,national or regional emergency,strikes,labor stoppages or slowdowns or other industrial disturbances,passage
<br /> of Law or any action taken by a governmental or public authority,including imposing an embargo,export or import restriction,
<br /> quota,or other restriction or prohibition or any complete or partial government shutdown,or national or regional shortage of
<br /> adequate power or telecommunications or transportation.Either party mayterminate this Agreement if a Force Majeure Event
<br /> continues substantially uninterrupted for a period of thirty(30) calendar days or more. In the event of any failure or delay
<br /> caused by a Force Majeure Event,the affected party shall give prompt notice to the other party,stating the period of time the
<br /> occurrence is expected to continue and use diligent efforts to end the failure or delay and minimize the effects of such Force
<br /> Majeure Event.
<br /> 16. Miscellaneous.
<br /> 16.1 Further Assurances. Upon a party's reasonable request,the other party shall,at the requesting party's sole
<br /> cost and expense,execute and deliver all such documents and instruments,and take all such further actions,necessary to
<br /> give full effect to this Agreement.
<br /> 16.2 Relationship of the Parties.The relationship between the parties is that of independent contractors.Nothing
<br /> contained in this Agreement shall be construed as creating any agency, partnership,joint venture, or other form of joint
<br /> enterprise,employment,or fiduciary relationship between the parties,and neither party shall have authority to contract for
<br /> or bind the other party in any manner whatsoever.
<br /> 16.3 Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this
<br /> Agreement have binding legal effect only if in writing and addressed to a party as follows(or to such other address or such
<br /> other person that such party may designate from time to time in accordance with this Section 16.3):
<br /> If to Consultant: Concentric Integration,LLC
<br /> 8678 Ridgefield Rd.
<br /> Crystal Lake,IL 60012
<br /> Attn:Mike Klein
<br /> Facsimile:(815)455-0450
<br /> E-mail:mklein@goconcentric.com
<br /> If to Customer: At the addresses and to the attention as specified in the Signed Acceptance
<br /> Document.
<br /> Notices sent in accordance with this Section 16.3 will be deemed effectively given:(a)when received, if delivered by
<br /> hand,with signed confirmation of receipt;(b)when received,if sent by a nationally recognized overnight courier,signature
<br /> required; (c) when sent, if by facsimile or e-mail, (in each case, with confirmation of transmission), if sent during the
<br /> addressee's normal business hours,and on the next business day,if sent after the addressee's normal business hours;and
<br /> (d)on the third(3rd)day after the date mailed by certified or registered mail,return receipt requested,postage prepaid.
<br /> 16.4 Interpretation.For purposes of this Agreement,(a)the words"include,""includes"and"including"are deemed
<br /> to be followed by the words"without limitation;"(b)the word"or" is not exclusive;(c)the words"herein,""hereof,""hereby,"
<br /> "hereto"and"hereunder"refer to this Agreement as a whole;(d)words denoting the singular have a comparable meaning
<br /> when used in the plural, and vice-versa; and (e) words denoting any gender include all genders. The parties intend this
<br /> Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the
<br /> party drafting an instrument or causing any instrument to be drafted.Any exhibits,attachments,and riders referred to herein
<br /> are an integral part of this Agreement to the same extent as if they were set forth verbatim herein. The headings in this
<br /> Agreement are for reference only and do not affect the interpretation of this Agreement.
<br /> 16.5 Entire Agreement:Amendment and Modification:Waiver.This Agreement,together with any other documents
<br /> incorporated herein by reference,constitutes the sole and entire agreement of the parties with respect to the subject matter
<br /> Concentric Integration,LLC I V10_Revised_Decatur
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