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delinquencies are cured. Such suspension in service shall not extend the term of this Agreement beyond the term herein provided. B. In addition to all remedies available to Seller at law or in equity in the event of a default by Customer hereunder or under the terms of any other contract between Seller and Customer, Seller shall be entitled to collect interest upon the sum then due and owing at a maximum rate of 18% per annum, from the due date of the last payment until such default by Customer has been cured. It is expressly agreed and understood that in no event shall the aggregate interest exceed the maximum rate of interest which can be charged under the applicable state law. C. Should Seller be obliged to institute legal action to enforce its rights hereunder, the prevailing party in such action shall be entitled to recover reasonable attorneys' fees in the amount allowed by the court. Customer Remedies for Non-Performance In the event of Seller's material breach of this Agreement, Customer and Seller agree that actual damages will be extremely difficult to determine. In the event of such a breach, Customer shall be entitled to receive credits for maintenance service to be performed by Seller in an amount mutually agreed upon between the parties. THIS SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE CUSTOMER AND SELLER SHALL IN NO EVENT BE LIABLE FOR ANY GENERAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR COMMERCIAL LOSS DIRECTLY OR INDIRECTLY CAUSED BY SELLER'S BREACH OR ITS OBLIGATIONS HEREUNDER. Entire Agreement Seller and Customer each represent that they have the authority to enter into this Agreement and that the same constitutes a valid and binding obligation to each party. The provisions contained in the foregoing constitute the entire Agreement between Seller and Customer and any alterations or modifications thereto must be in writing, reference this Agreement and be executed by both parties. If any provision(s) of this Agreement is held to be illegal, invalid or unenforceable, then such provision(s) shall be deemed null and void, without invalidating the remaining provisions hereof. SELLER: S IENT T~W_O/fRKS • lJ""~---- . Toni Parker Contract Specialist ~e~~~ S~+v'I Name, Title Date CUSTOMER: CITY OF SAN LEANDRO Name, Title (Please Print) Date H,/,i~......... ~ ~ ~ ~~~