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4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for
<br />any reason, Motorola may modify the scope of Services related to such Equipment; remove such
<br />Equipment from the Agreement; or increase the price to Service such Equipment.
<br />4.7. Customer must promptly notify Motorola of
<br />Customer's notification in a manner consistent with
<br />Agreement.
<br />any Equipment failure. Motorola will respond to
<br />the level of Service purchased as indicated in this
<br />Section 5 EXCLUDED SERVICES
<br />5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged
<br />from use in other than the normal, customary, intended, and authorized manner; use not in compliance
<br />with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect,
<br />acts of God or other force majeure events.
<br />5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the
<br />normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming
<br />Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or
<br />software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or
<br />tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission
<br />medium, such as telephone lines, computer networks, the Internet or the worldwide web, or for Equipment
<br />malfunction caused by the transmission medium.
<br />Section 6 TIME AND PLACE OF SERVICE
<br />Service will be provided at the location specified in this Agreement. When Motorola performs service at
<br />Customer's location, Customer will provide Motorola, at no charge, anon-hazardous work environment
<br />with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of
<br />liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer
<br />will provide all information pertaining to the hardware and software elements of any system with which the
<br />Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this
<br />Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and
<br />holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or
<br />expenses associated with helicopter or other unusual access requirements; if these charges or expenses
<br />are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola
<br />for those charges and expenses.
<br />Section 7 CUSTOMER CONTACT
<br />Customer will provide Motorola with designated points of contact (list of names and phone numbers) that
<br />will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to
<br />enable Customer's personnel to maintain contact, as needed, with Motorola.
<br />Section 8 PAYMENT
<br />Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in
<br />advance for each payment period. All other charges will be billed monthly, and Customer must pay each
<br />invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for
<br />all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a
<br />result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola)
<br />by any governmental entity.
<br />Orange County Service Terms and Conditions 2008-2009
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