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shall not cause,directly or indirectly,the export,re-export,or transfer of any such items or services to destinations or persons without
<br /> obtaining any required prior authorization from the U.S. Government and any other applicable local authorities.Customer shall not do
<br /> anything to cause Itron to violate such export control laws,including,but not limited to,requesting support for a product that has been
<br /> unlawfully re-exported or requesting delivery of a product or service intended for a U.S. sanctioned region or person. Each party
<br /> represents that it is not listed on a U.S. Government restricted party list for export control or trade sanctions purposes,and is not 50%
<br /> or more owned,in the aggregate,by one or more restricted parties.Customer shall maintain any required export records related to
<br /> Itron's products or services and make such records available to Itron upon request.The Parties must comply with all anti-bribery laws
<br /> and may not make any payments or transfer any item of any value for the purpose of bribing any individual or group,or accepting or
<br /> participating in any extortion,kickbacks,or other unlawful or improper means to obtain business related to this Agreement or products
<br /> and services orderable under this Agreement.
<br /> 21. Publicity. Neither Party may issue a press release related to this Agreement or their relationship without the other Parties'prior
<br /> written consent.The Parties will create and approve for publication a press release announcing their relationship under this
<br /> Agreement. Itron may use Customer's name and logo as a part of Itron's normal marketing materials.
<br /> 22. Sub-contractor and Outsourcer. Itron may hire,engage,or retain the services of one or more subcontractors and/or outsourcing
<br /> providers to perform any or all of its obligations related to its product development,network operations,and/or any portion of services
<br /> provided under this Agreement. Subcontractors and outsourcing providers that have access to Customer Data will be bound by written
<br /> obligations of confidentiality and data security requirements as restrictive as those required under this Agreement.
<br /> 23. Independent Contractor_This Agreement does not create a partnership,franchise,joint venture,agency,fiduciary,or employment
<br /> relationship between the Parties.The Parties are independent contractors. Neither Party has any authority to act on behalf of,or to bind
<br /> the other to any obligation.
<br /> 24. Force Majeure. Neither Party(the"Impacted Party") shall be liable or responsible to the other Party,nor be deemed to have
<br /> defaulted under or breached this Agreement,for any failure or delay in fulfilling or performing any term of this Agreement(except for
<br /> Customer's obligations to make payments to Itron under this Agreement),when and to the extent such failure or delay is caused by or
<br /> results from acts or omissions(whether in effect on or after the Effective Date of this Agreement)beyond the Impacted Party's
<br /> reasonable control and without the Impacted Party's negligence,including,without limitation:(a)acts of God;(b)severe weather,flood,
<br /> fire,earthquake or explosion;(c)war,invasion,hostilities(whether war is declared or not),terrorist threats or acts,riot,or other civil
<br /> unrest;(d)changes in applicable laws or regulations;(e)embargoes or blockades;(f)action or inaction by any governmental authority;
<br /> (g) national or regional emergency;(h)strikes,labor stoppages,or slowdowns or other industrial disturbances;(i)shortage of adequate
<br /> materials,qualified labor,power or transportation;(j)epidemics,pandemics or quarantines;and(k)other similar or dissimilar
<br /> circumstances outside the Impacted Party's reasonable control and without the Impacted Party's negligence(each a"Force Majeure").
<br /> 25. Miscellaneous. (a) If any provision of this Agreement is found to be unenforceable by a court of competent jurisdiction or
<br /> arbitration panel,such provision will be deleted and the remaining terms will be construed so as to give maximum lawful effect to any
<br /> such deleted terms. (b)Section numbers and captions are provided for convenience of reference and do not constitute a part of this
<br /> Agreement.Any references to a particular section of this Agreement will be deemed to include reference to any and all subsections
<br /> thereof. (c)No waiver by either Party of any breach under this Agreement will constitute a waiver of any other breach. (d)This
<br /> Agreement is not made for the benefit of any third parties. (e)All notices under this Agreement must be sent to such other address as
<br /> such Party has notified the other in writing,will be effective on the date received (unless the notice specifies a later date)and must be
<br /> sent by a courier service that confirms delivery in writing,or by certified or registered mail,postage prepaid,return receipt requested.
<br /> All communications and notices to be made or given pursuant to this Agreement must be in English. (f) Customer may not assign this
<br /> Agreement or any of its rights hereunder without Itron's prior written consent. Subject to the foregoing,this Agreement will bind and
<br /> inure to the benefit of the Parties and their respective successors and permitted assigns,but any assignment in violation of this
<br /> provision will be void.
<br /> 26.Cellular AMI Use Restrictions.
<br /> 26.1. Limitations.Customer's use of Cellular AMI (Water&Gas)shall be permitted as follows:
<br /> STANDARD NAM Cellular AMI (Water& Gas)
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