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.„__ <br /> other means; and 2) the failure or delay is caused, directly or indirectly, by reason of fire or other <br /> casualty or accident; strikes or labor disputes; inability to procure raw materials, equipment, power, or <br /> supplies;war,terrorism, or other violence; and law, order,proclamation, regulation, ordinance, demand, <br /> or requirement of any government agency or intergovernmental body other that a party hereto; or any <br /> other act or condition beyond the reasonable control of the non-performing party. Upon the occurrence <br /> of an event which satisfies both of the above conditions (a "Force Majeure Event"), the non-performing <br /> party will be excused from any further performance of those obligations affected by the Force Majeure <br /> Event for as long as: a)the force Majeure Event continues; and b)the non-performing party continues to <br /> use commercially reasonable efforts to recommence performance whenever and to whatever extent <br /> possible without delay. Upon the occurrence of a Force Majeure Event, the non-performing party will <br /> immediately notify the other party by telephone (to be confirmed by written notice within two (2) <br /> business days of the failure or delay) of the occurrence of a Force Majeure Event and will describe in <br /> reasonable detail the nature of the Force Majeure Event. <br /> 5.4. If any of the terms and conditions of this Software Support, Warranty & Maintenance program conflict <br /> with any pre-existing Vigilant Video Site License Agreement, the terms of the Site License Agreement <br /> shall survive. <br /> 5.5. Licensee, upon written request to Vigilant Video, and with thirty (30) days advanced notification to <br /> vigilant Video, shall have the right to investigate, examine, and audit any and all necessary non-financial <br /> • books, papers, documents, records and personnel that pertain to the software support, warranty and <br /> maintenance services rendered to the Licensee throughout any time period Licensee had received such <br /> services. <br /> L <br /> SOFTWARE SUPPORT,WARRANTY AND MAINTENANCE-TERMS AND CONDITIONS Page 5 of 5 <br />