Agmt 2005 RMA Engineering & Management

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4. Violate (intentionally or unintentionally) any applicable local, state, national or international law or regulation. 5. Use Provider's or ICOMMM's name, the Hosted Service, or any portion of either to (a) promote any business, product or service, through the sending of unsolicited e-mail; or, (b) send the same or substantially similar unsolicited e-mail message, whether commercial or not, to a large number of recipients (collectively, "Spam"); or, (c) harass others by sending more than ten (10) similar messages to the same e-mail address or more than IOMB of data to a newsgroup ("Bombing"); or, (d) use the ICOMMM mail server to generate any of the foregoing. We will determine, acting reasonably, whether any of the messages you send violate this Agreement. We may suspend the offending Project -without the time periods required under the "Termination" section hereof -and immediately terminate your rights if we become aware of any violation of this Anti-Spam Policy by you or your Users. We reserve the right to take legal and technical action to prevent use of e- mail in violation of this Agreement. 6. Cancellations and Termination The Agreement shall continue in effect with automatic renewal and billing for the same term as the term specified in the latest version of Attachment A, unless: (a) terminated by either party with or without cause, with 60 days notice; (b) terminated by Provider, if Customer has breached any material term of this Agreement; (c) terminated by Provider if Customer fails to pay any amount due hereunder within 45 days of invoice receipt or violates any of the restrictions set forth in Sections 2, 4, 5, 7, 1 1, or 12 hereof with respect to the use of the Hosted Service or the disclosure of Proprietary Information; (d) Provider discontinues the Service for any reason, with 30-day notice; (e) Provider breaches any material term of this Agreement; (f) terminated by Customer without advance notice as a result of purchasing the Product to move it in- house. Termination notification by Customer must be in writing and delivered by hand, or by mail, return receipt requested, to ICOMMM, Inc., 140 Town & Country Dr., Suite B, Danville, CA 94526. Sections 2, 5, 6, 7, 9, 10, 11, and 12 shall survive any termination or expiration of this Agreement. Termination by Provider under provisions (b) or (c) and by Customer under provision (f) will be immediate. In the event of Service termination under subsections (a) or (d), Provider shall reimburse Customer for any pro-rata portion of fees paid in advance for any period that succeeds the 30 day notice period. If termination occurs under section (e), Provider will reimburse customer for the pro-rata portion of fees paid in advance as of the date of Notice. If termination occurs under provision (f), Customer will receive a credit towards the purchase price of all fees for service not yet provided and of the fees for the preceding 30 days of hosted service. The date used for calculation of the preceding 30 days will be the date upon which a Purchase Order or payment is received for the purchase of the Product. 7. Fees and Payment Requirements Customer agrees to pay the fees stated in the current or any renewal Attachment A within 30 days of receipt of invoice or immediately if payment is made by credit card. All invoices which are not paid in full within 30 days of receipt will incur a late charge of 1.5% per month (18% annum). Failure to pay invoices within 45 days may result in immediate suspension of service under section 6 c above. If Sanitary Sewer Asset Management System 02/08/2005 Account No. 593-52 y9~'2 (z Page 29 of 32