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Mayfield Village <br />Creative Microsystems, InC: , ? <br />This Agreement may be executed in one (1) or more copies, each of which shall be deemed an original. <br />The headings contained in this Agreement are for reference purposes only and shall not affect the interpretation <br />or meaning of the Agreement. <br />Each party has the power and authority to enter into and perform this Agreement and the person signing this <br />Agreement on behalf of each party shall be properly authorized and empowered to enter into this Agreement. <br />Each pazty further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it. <br />If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions of this <br />Agreement shall not be affected thereby and shall continue to be binding upon the parties and shall be <br />enforceable as though the invalid or unenforceable provisions were not contained herein. <br />The license fee stated herein is for the PROGRAM only and is exclusive of all taxes. The licensee agrees to <br />pay any and all applicable taxes on the PROGRAM however designated or levied whether or not specifically <br />included in this Agreement. CNII recognizes that the governmental CiJSTOMERS are currently exempt by law <br />from Ohio sales and excise tax. <br />No term or provision shall be deemed waived and no breach excused unless such waiver or consent shall be in <br />writing and signed by the party claimed to have waived or consented. Any consent by any parry to, or waiver <br />of, a breach by the other, whether expressed or implied, shall not constitute a consent to or waiver of or excuse <br />for any other different or subsequent breach. <br />IN WITNESS WHEREOF, the pardes have executed this Agreement on the date and place indicated below. <br />CreatiVe Microsystems, Inc. <br />50 Hillside Court <br />Englewood, Ohio 45322 <br />Witness ate <br />Mayfield Village <br />6621 Wilson Mills Road <br />Mayfield Village, OH 44143 <br />?• G <br />itness t4at?i? <br />Certification of funds: <br />I hereby certify that the funds required for execution of this agreement have been duly appropriated and <br />are in the treasury or are in the process of being collected. <br />P.O. # <br />Date Fiscal 'cer <br />4