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<br />Enterprise Management System Customer Agreement <br /> <br />Page 8 <br /> <br />14. NOTICES <br /> <br />All communications and notices provided for herein shall be in writing and shall be deemed to have been <br />given when delivered personally to the applicable party, or received by facsimile and followed by registered <br />or certified mail with return receipt requested, postage prepaid, and addressed to the applicable signatory <br />at the address appearing at the end of this Agreement (or at such other address as any party may hereafter <br />designate by notice to the other). <br /> <br />r- <br /> <br />15. SUCCESSORS AND ASSIGNS; ASSIGNMENT <br /> <br />This Agreement shall be binding upon and inure to the benefit of DPT, the Customer and their respective <br />successors and assigns. The Customer may not assign or transfer its rights and obligations hereunder <br />without the written consent of DPT, which shall not be unreasonably withheld, except in the case of the sale <br />of all or substantially all of the business or assets of the Customer provided all of the Customer's rights or <br />obligations to perform under this Agreement are binding on the Customer's transferee or assignee. <br /> <br />16. ENTIRE AGREEMENT <br /> <br />I <br /> <br /> <br />~ <br /> <br />This Agreement with Its attached Appendices sets forth and constitutes the entire agreement and <br />understanding between the parties as to the subject matter hereof and supersedes all prior discussions, <br />agreements and understandings, whether written or oral, and neither of the parties shall be bound by any <br />conditions, definitions, warranties, understandings or representations with respect to such subject matter <br />other than as expressly provided herein. <br /> <br />17. AMENDMENT <br /> <br />This Agreement may be amended or modified only by a written instrument signed by DPT and the Customer. <br /> <br />18. SECTION HEADINGS <br /> <br />The section headings used herein are for reference purposes only and shall not affect the meaning or <br />interpretation of this Agreement. <br /> <br />19. GOVERNING LAW <br /> <br />This Agreement shall be governed by and construed and enforced in accordance with the laws of the State <br />of New York. <br />