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obligations for any transmission medium,such as telephone lines, computer networks,the internet or the worldwide web.
<br /> or for Equipment 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 Customer's
<br /> location, Customer will provide Motorola,at no charge,a non-hazardous work environment with adequate shelter, heat,
<br /> light, and power and with full and free access to the Equipment.Waivers of liability from Motorola or its subcontractors will
<br /> not be imposed aaa site access requirement. Customer will provide all information pertaining to the hardware and
<br /> software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services.
<br /> Unless otherwise stated in this Agreement,the hours of Service will be 8:30 a.m.to 4:30 p.m., local time,excluding
<br /> weekends and holidays. Unless otherwise stated in this Aoreemnantthe price for the Services exclude any charges or
<br /> expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably
<br /> incurred by Motorola in rendering the Services,Customer agrees to reimburse Motorola 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 will be available
<br /> twenty-four(24)hours per day, seven (7)days per week, and an escalation procedure to enable Customers personnel to
<br /> maintain contact, aw needed,with Motorola.
<br /> Section 8. PAYMENT
<br /> Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each
<br /> payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty
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<br /> (20)days of the invoice date. Customer will reimburse Motorola for all property taxes,sales and use taxes,excise taxes,
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<br /> and other taxes or assessments that are levied as a result of Services rendered under this Agreement(except income,
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<br /> profit, and franchise taxes of Motorola)by any governmental entity.
<br /> Section 9.WARRANTY
<br /> Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period
<br /> of ninety(90)days from the date the performance of the Services are completed. In the event of a breach of this warranty,
<br /> Customers sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis,
<br /> the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
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<br /> IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
<br /> Section 10. DEFAULT/TERMINATION
<br /> 10.1. If either party defaults in the performance of this Agreement,the other party will give to the non-performing party a
<br /> written and detailed notice of the default.The non-performing party will have thirty(30)days thereafter to provide a written
<br /> plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan
<br /> approval. If the non-performing party fails to provide or implement the cure plan,then the injured party, in addition to any
<br /> other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of
<br /> termination to the defaulting party.
<br /> 10.2.Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this
<br /> Agreement, including payments which may be due and owing at the time of termination.All sums owed by Customer to
<br /> Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of
<br /> termination, Motorola will have no further obligation to provide Services.
<br /> Section 11. LIMITATION OF LIABILITY
<br /> Except for personal injury or death, Motorola's total liability,whether for breach of contract,warranty, negligence, strict
<br /> liability in tort, or otherwise,will be limited to the direct damages recoverable under law, but not to exceed the price of
<br /> twelve(12)months of Service provided under this Agreement.ALTHOUGH THE PARTIES ACKNOWLEDGE THE
<br /> POSSIBILITY OF SUCH LOSSES OR DAMAGES,THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY
<br /> COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR
<br /> SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED
<br /> TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT
<br /> TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this
<br /> Agreement may be brought more than one(1)year after the accrual of the cause of action,except for money due upon an
<br /> open account.This limitation of liability will survive the expiration or termination of this Agreement and applies
<br /> notwithstanding any contrary provision.
<br /> Section 12. EXCLUSIVE TERMS AND CONDITIONS
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