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f _ ` <br /> � � <br /> operation of law shall lose control of the operation of its business,except pursuant to a , <br /> , bona fide merger or acquisition,then DATARADIO may immediately terminate this , <br /> Agreement by notice to the Customer and DATAx�D�o may,at its option,take exclusive <br /> possession of the Products wherever found and remove the Products without legal <br /> process and the Customer shall pay all removal costs and any payments which have <br /> theretofore been made on account of the Contract Price shall be retained by DATaR,aDIo <br /> and applied to such costs and charges,without prejudice to the right of DAT�D�o to <br /> recover an further dama es which it ma suffer from any cause. <br /> Y g Y <br /> 14.4 The rights granted to DATARADIO under this Agreement shall be cumulative and are in <br /> addition to rights provided to DAT.�xAD10 by law or otherwise. To the extent permitted <br /> by law,DATARADIO may exercise its rights concunently or separately and the exercise of <br /> any one remedy shall not be deemed an exclusive election of such remedy or to preclude <br /> the exercise of any other remedy. <br /> 15. Remedies of the Customer <br /> 15.1 If a petition in bankruptcy shall be filed by or against DAT.4x�.Dio or DATa.xaD�o shall be <br /> adjudicated a bankrupt or insolvent or shall have made an assignment for the benefit of <br /> creditors or shall take advantage of any law for the benefit of debtors or if any action is <br /> commenced against DATAxAD�o to cause assets to be placed under trusteeship or <br /> receivership or liquidated for the benefit of creditors or if DATAx�,D�o voluntarily or by <br /> operation of law shall lose control of the operation of its business,except pursuant to a <br /> bona fide merger or acquisition,then the Customer may unmediately terminate this <br /> Agreement by notice to DATAxADto,without further liability. <br /> 15.2 The rights granted to the Customer under this Agreement shall be cumulative and are in <br /> addition to rights provided to the Customer by law or otherwise. To the extent pemlitted <br /> by law,the Customer may exercise its rights concurrently or separately and the exercise <br /> of any one remedy shall not be deemed an exclusive election of such remedy or to <br /> preclude the exercise of any other remedy. <br /> 16. Limitation of Liability <br /> 16.1 DATARADIO's liability for damage to the Customer for any cause whatsoever,and <br /> regardless of the forms of action,whether in contract or in tort,including negligence, <br /> shall be limited to direct damage suffered by the Customer,and any damages payable by <br /> DAT�R aD�o shall not exceed the amount of money actually paid by the Customer to <br /> , DATARADIO. <br /> 16.2 DATARAD�o will not be liable to the Customer or any other person for any of the <br /> following: <br /> (a) any special,indirect or consequential damage,including lost profits,lost <br /> revenues,failure to realize expected savings,or other commercial or economic <br /> losses of any kind,even if DAT�D�o has been advised of the possibility of such <br /> damage; <br /> (b) any damage caused by the failure of the Customer to meet the responsibilities of <br /> the Customer set out in the Contract;or <br /> (c) any loss or damage to any property or for any personal injury or economic <br /> damage caused by the connection of Hazdware to devices or systems not <br /> supplied or approved by DATa,xADlo. <br /> g:\office\melynda\agreemen\decatur 7 <br />