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may reasonably require in connection with securing such approvals or licenses, and to take timely action to<br />

obtain all required support documents. Recipient agrees to maintain a record of exports, re-exports, and<br />

transfers of any Cisco materials for five years and to forward within that period any required records to<br />

Cisco or, at Cisco's request, the U.S. Government. Recipient agrees to permit Cisco or the U.S.<br />

Government to audits as required un<strong>de</strong>r appropriate regulations to ensure compliance with this provision<br />

9.8. Entire Agreement. This Agreement is the complete agreement between the parties regarding the<br />

subject matter hereof, and superse<strong>de</strong>s all prior or contemporaneous oral or written agreements concerning<br />

such subject matter.<br />

9.9 Delivery, Risk of Loss, Title Transfer. Scheduled shipping dates will be assigned by Cisco as<br />

close as practicable to the Recipient's requested date based on Cisco’s then-current lead times for the<br />

Products. Cisco will communicate scheduled shipping dates in the or<strong>de</strong>r acknowledgement or on<br />

Cisco.com. Unless given written instruction by Recipient, Cisco shall select the carrier. Except to the<br />

extent that Cisco agrees in writing to the contrary, <strong>de</strong>livery of the Equipment shall be DDU (INCOTERMS<br />

2000)except for shipment to and from the European Union which will be shipped DDP (INCOTERMS<br />

2000), using Cisco’s preferred carrier, freight prepaid by Cisco, excluding import duties, taxes and fees,<br />

where applicable. Title and risk of loss shall pass from Cisco to Recipient upon reasonable inspection by<br />

Recipient at the <strong>de</strong>livery and installation site. CISCO SHALL NOT BE LIABLE FOR LOSS, DAMAGE<br />

OR PENALTY FOR DELAY IN DELIVERY OR FOR FAILURE TO GIVE NOTICE OF ANY DELAY.<br />

EXCEPT IN ACCORDANCE WITH THE APPLICABLE DELIVERY TERMS SET FORTH IN THIS<br />

AGREEMENT, CISCO SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH SHIPMENT,<br />

NOR SHALL THE CARRIER BE DEEMED TO BE AN AGENT OF CISCO.<br />

IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have caused this<br />

Agreement to be duly executed as of the date first written above.<br />

CISCO SYSTEMS INTERNATIONAL BV<br />

By:<br />

Name:<br />

Title:<br />

By:<br />

Name:<br />

Title:<br />

Controlled Doc# Page 4 of 11 CISCO CONFIDENTIAL<br />

Modification Date: 26/04/.2004 EMEA DA final November 2006

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