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2018-817-E Emergency Svc - Motorola Solutions 911 backup center
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2018-817-E Emergency Svc - Motorola Solutions 911 backup center
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Entry Properties
Last modified
7/25/2019 4:43:12 PM
Creation date
12/19/2018 4:19:07 PM
Metadata
Fields
Template:
Contract
Date
12/18/2018
Contract Starting Date
12/18/2018
Contract Ending Date
12/17/2019
Contract Document Type
Agreement
Agenda Item
12/3/18
Amount
$532,995.00
Document Relationships
Agenda - 12-03-2018 8-k - Authorization for the County Manager to Execute Contracts for Backup 9-1-1 Center Equipment
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2018\Agenda - 12-03-2018 Regular Meeting
R 2018-817 ES - Motorola communications services
(Attachment)
Path:
\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2018
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DocuSign Envelope ID:OOB45902-20C1-429E-A892-A6E653D76171 <br /> Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does <br /> not affect the operation of the Equipment; and (vii) normal or customary wear and tear. <br /> 8.5. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the <br /> claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the <br /> warranty claim. If this investigation confirms a valid warranty claim, Motorola will (at its option and at no <br /> additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the <br /> same or equivalent product, or refund the price of the defective Equipment or Motorola Software. That <br /> action will be the full extent of Motorola's liability for the warranty claim. If this investigation indicates the <br /> warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and <br /> materials basis using Motorola's then current labor rates. Repaired or replaced product is warranted for <br /> the balance of the original applicable Warranty Period. All replaced products or parts will become the <br /> property of Motorola. <br /> 8.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to <br /> the original user purchasing the Products for commercial, industrial, or governmental use only, and are not <br /> assignable or transferable. <br /> 8.7. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE <br /> WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS <br /> AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL <br /> OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED <br /> WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. <br /> Section 9 DELAYS <br /> Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. <br /> A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other <br /> Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force <br /> Majeure occurs, the Parties will execute a change order to extend the performance schedule for a time <br /> period that is reasonable under the circumstances. <br /> Section 10 DISPUTES <br /> The Parties will use the following procedure to address any dispute arising under this Agreement(a <br /> "Dispute"). <br /> 10.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the <br /> laws of the State of North Carolina. <br /> 10.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of <br /> Dispute ("Notice of Dispute"). The Parties will attempt to resolve the Dispute promptly through good faith <br /> negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the <br /> Dispute and who are at a higher level of management than the persons with direct responsibility for the <br /> matter and 2) direct communication between the executives. If the Dispute has not been resolved within <br /> ten (10) days from the Notice of Dispute, the Parties will proceed to mediation. <br /> 10.3 MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to <br /> mediate from either Party("Notice of Mediation"). Neither Party may unreasonably withhold consent to the <br /> selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that <br /> American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but <br /> Motorola Apttus/Contract No.250484 Page 5 v.12-14-2018 <br />
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