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<br />Section 8.04. Advances. In the event Licensee shall fail to maintain the full insurance
<br />coverage required by this Agreement, Licensor may (but shall be under no obligation to)
<br />purchase the required policies of insurance and pay the premiums on the same or may make
<br />such repairs or replacement as are necessary and provide for payment thereof; and all
<br />amounts so advanced therefore by Licensor shall become additional obligations of Licensee
<br />hereunder for the then cunent Original Term or Extended Tenn, which amounts Licensee
<br />agrees to pay, together with interest thereon at the rate of twelve percent (12%) per annum,
<br />or the highest rate pennitted by law, whichever is less.
<br />
<br />ARTICLE IX: DAMAGE AND DESTRUCTION; USE OF NET PROCEEDS
<br />
<br />Section 9.01. Damage or Destruction of GIS Components. If prior to the
<br />tennination of the License Tenn the GIS or any portion thereof is destroyed (in whole or in
<br />pan) or is damaged by fire or other casualty, then Licensee and Licensor will cause the Net
<br />Proceeds of any insurance claim to be applied to the prompt replacement, repair,
<br />restoration, modification, or improvement of the GIS. Any balance of the Net Proceeds
<br />remaining after such work has been completed shall be paid to Licensor or Licensee as their
<br />interests may appear.
<br />
<br />For purposes of Section 8.03 and this Article IX, the tenn "Net Proceeds" shall mean the
<br />amount remaining from the gross proceeds of any insurance claim after deducting all
<br />expenses (including attorney's fees) incurred in the collection of such claims.
<br />
<br />Section 9.02. Insufficiency of Net Proceeds. To the extent that the damage or
<br />destruction was caused by any action by Licensee or Licensee's employees, agents or
<br />contractors, if the Net Proceeds are insufficient to pay in full the cost of any replacement,
<br />, repair.. restoration, modification or improvement referred to in Section 9.01 hereof,
<br />Licensee shall, at Licensor's discretion, and in acGordance with the tennds Licensor may
<br />impose, make replacement, complete the work, or pay all cost required in excess cif the
<br />amount of Net Proceeds.. '
<br />
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<br />
<br />ARTICLE X: DISCLAIMER OF WARRANTIES; VENDOR'S
<br />WARRANTIES; USE OF THE EQUIPMENT
<br />
<br />Section 10.01. Disclaimer of Warranties. LICENSOR MAKES NO
<br />WARRANTY OR REPRESENTATION, ErmER EXPRESS OR IMPLIED, AS TO TIm
<br />VALUE, DESIGN, CONDmON, MERCHANTABILITY OR FITNESS FOR
<br />PARTICULAR PURPOSE OR FITNESS FOR USE OF THE GIS. In no event shall
<br />Licensor be liable for any any damage whatsoever, whether direct, indirect.
<br />incidental, special, or consequential damage in connec~ion with or arising out of this
<br />Agreement or the existence, furnishing, functioning, or Licensee's use of any item or
<br />products or services provided for in this Agreement.
<br />
<br />Section 10.02. Use of the GIS. Licensee will not install, use, operate, or maintain
<br />the GIS improperly, carelessly, in violation of any applicable law, or in a manner contrary
<br />to that contemplated by this Agreement. Licensee shall provide all pennits and licenses, if
<br />any, necessary for the operation of the GIS not provided by Licensor. In addition,
<br />Licensee agrees to comply in all respects (including, without limitation, with respect to the
<br />use, maintenance, and operation of each component of the GIS, and with respect to rules,
<br />copyrights, access privileges to the database and to sales of products and services
<br />established by Licensor) with all laws of the jurisdictions in which its operations involving
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