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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 that Equipment; remove that
<br /> Equipment from the Agreement; or increase the price to Service that Equipment.
<br /> 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to
<br /> Customer's notification in a 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, 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, a non-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 /> Service Terms and Conditions.Rev 1.12.12.doc(CSA formatted)
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