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4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to
<br /> Customer's notification in m manner consistent with the level of Service purchased as indicated in this
<br /> Agreement.
<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, cuotonmsry, inbended, and authorized manner; use not in compliance
<br /> with applicable industry standards; excessive wear and tear; oraccident, liquids, power surges, neglect,
<br /> acts of God Vr other force majeureevents.
<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 tapeo.; upgrading or reprogramming
<br /> Equipment; aooeasohes, belt cUps, battery ohargmro, custom or special pnoduoto, modified uniby, or
<br /> software; and repair or maintenance of any transmission |inm, mntenna, microwave aquipnnent, tower or
<br /> tower lighting, dupkexer, combiner, ormmu|ficnup|ec 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 ba provided at the location specified in this Agreement. When Motorola performs
<br /> service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous
<br /> work environment with adequate shelter, heat, light, and power and with full and free access to
<br /> the Equipmpnt. Waivers of liability from Motorola or its subcontractors will not be imposed as a
<br /> 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
<br /> perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30
<br /> e.nn. to4:3Op.m.. local time, excluding weekends and holidays. Unless otherwise stated inthis
<br /> Agreement, the price for the Services exclude any charges or expenses associated with
<br /> helicopter r other unusual access requirements; if these charges or expenses are reasonably
<br /> incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola fbr those
<br /> 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 Customers personnel tomaintain contact, as needed,with Motorola.
<br /> Section 8 PAYMENT
<br /> Unless alternative payment terms are stated in this A0neement. KAobonoie 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.G. doUono within bwanh/ (20) days of the invoice date. Customer will reimburse Motorola for
<br /> all property texeo, sales and use bsmae, excise baxea, 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 /> Section WARRANTY
<br /> K8ohono|o vxorrmnba that its Services under this Agreement will be free of defects in materials and
<br /> workmanship for a period of ninety (BO) days from the date the podhnnanoa of the Services are
<br /> completed. In the event of a breach of this warranty, Customers sole remedy is to require Motorola to re-
<br /> perform the non-conforming Gen/ice or to nefund, on o pro-rata basis, the fees paid for the non-
<br /> conforming Service. MOTOROLA DISCLAIMS ALL OTHER VVARRANT|E8, EXPRESS OR IMPLIED,
<br /> INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
<br /> PARTICULAR PURPOSE.
<br /> O oumyNG/CGA.5.z1 An 23
<br /> Motorola Contract No.79884/C8
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