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PROGRESSIVE SOLUTIONS INC. EXHIBIT A: SOFTWARE <br /> MAINTENANCE AGREEMENT <br />AGSOFTMT(4.2) Page 6 of 6 <br />written, and all previous and current negotiations and other communications between <br />the parties pertaining to the subject matter herein. Any payment related obligations <br />that occur one year after execution of this agreement shall be construed in <br />accordance with and governed by Federal or state law where any resulting action is <br />filed. All other obligations set forth in this Agreement shall be construed in <br />accordance with and governed by Federal law or the laws of the state in which the <br />software is situated, except when software licenses are granted for use in the state of <br />Louisiana or in countries such as Canada or Mexico where the laws of California will <br />apply. When California law applies, the Court of Orange County, California shall have <br />non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement <br />will not be governed by the conflict of law rules of any jurisdiction or the United <br />Nations Convention on Contracts for the International Sale of Goods, the application <br />of which is expressly excluded. This Agreement may be signed in several <br />counterparts, each of which shall be deemed an original. <br />Any controversy or claim arising out of or relating to this Agreement or the breach <br />thereof, may be settled by arbitration, if agreeable to both parties at in accordance <br />with the rules of the American Arbitration Association, and judgment upon the award <br />rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. <br />(h) Any change or revision to the terms and conditions hereof shall be made by <br />written amendment and shall be executed by persons authorized to do so by the <br />respective parties. No changes in specifications, requested or suggested by either <br />party, shall be made except by written agreement of both parties. <br />Congress enacted the Electronic Signatures in Global and National Commerce Act <br />(E-Sign Act) on June 30, 2000, to validate the legality of electronic contracts. Should <br />either party receive a document signed with a valid electronic signature, such <br />documents shall be accepted as if they were signed with a pen. <br /> <br /> <br /> <br />Docusign Envelope ID: 2EA41CCF-A2B2-47D6-84CA-2A61682545FC