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Service Terms and Conditions <br /> Motorola Solutions Inc.("Motorola")and the customer named in this Agreement("Customer")hereby agree as follows: <br /> Section 1.APPLICABILITY <br /> These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1) <br /> maintenance, support, or other services under a Motorola Service Agreement, or(2)installation services under a Motorola <br /> Installation Agreement. <br /> Section 2. DEFINITIONS AND INTERPRETATION <br /> 2.1. "Agreement"means these Service Terms and Conditions;the cover page for the Service Agreement or the <br /> Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In <br /> interpreting this Agreement and resolving any ambiguities,these Service Terms and Conditions take precedence over any <br /> cover page,and the cover page takes precedence over any attachments, unless the cover page or attachment states <br /> otherwise. <br /> 2.2. "Equipment"means the equipment that is specified in the attachments or is subsequently added to this Agreement. <br /> 2.3. "Services"means those installation, maintenance, support,training, and other services described in this Agreement. <br /> Section 3.ACCEPTANCE <br /> Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This <br /> Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the"Start <br /> Date"indicated in this Agreement. <br /> Section 4. SCOPE OF SERVICES <br /> 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other <br /> document attached to this Agreement.At Customer's request, Motorola may also provide additional services at Motorola's <br /> then-applicable rates for the services. <br /> 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used;the Equipment <br /> will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are <br /> prescribed by Motorola will be followed. <br /> 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial <br /> Equipment,the additional equipment may be added to this Agreement and will be billed at the applicable rates after the <br /> warranty for that additional equipment expires. <br /> 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the <br /> Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the <br /> Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out <br /> of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which <br /> Motorola receives the written notice. <br /> 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous <br /> environments. <br /> 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola <br /> may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the <br /> price to Service that Equipment. <br /> 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in <br /> a manner consistent with the level of Service purchased as indicated in this Agreement. <br /> Section 5. EXCLUDED SERVICES <br /> 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other <br /> than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; <br /> excessive wear and tear;or accident, liquids, power surges, neglect, 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 normal operation of <br /> the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, <br /> battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission <br /> line, antenna, microwave equipment,tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no <br />