Orange County NC Website
INSTALLATION AGREEMENT <br />Motorola Solutions, Inc. (“Motorola”), and Orange County, North Carolina (“Customer”), hereby agree as <br />follows: <br />Section 1 APPLICABILITY <br />These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to <br />Customer either (1) maintenance, support and/or other services under a Motorola Service Agreement, or <br />(2) installation services under a Motorola Installation Agreement. <br />Section 2 DEFINITIONS AND INTERPRETATION <br />“Agreement” means these Service Terms and Conditions; the cover page for the Service Agreement or <br />the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein <br />by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and <br />Conditions will take precedence over any cover page, and the cover page will take precedence over any <br />attachments, unless the cover page or attachment specifically states otherwise. “Equipment” means the <br />communication equipment that is specified in the attachments or is subsequently added to this <br />Agreement. “Services” means those installation, maintenance, support, training, and other services <br />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 <br />Agreement. This Agreement will become binding only when accepted in writing by Motorola. The term of <br />this Agreement will begin on the “Start 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 <br />Statement of Work or other attachment. At Customer’s request, Motorola may also provide additional <br />services at Motorola’s then-applicable rates for such services. <br />4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be <br />used; the Equipment will be Serviced at levels set forth in the manufacturer’s product manuals; and <br />routine service procedures that are prescribed by Motorola will be followed. <br />4.3. If Customer purchases from Motorola additional equipment that becomes part of the same <br />system as the initial Equipment, the additional equipment may be added to this Agreement and will be <br />billed at the applicable rates after the warranty for such additional equipment expires. <br />4.4. All Equipment must be in good working order on the Start Date or when additional equipment is <br />added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial <br />and model number list of the Equipment. Customer must promptly notify Motorola in writing when any <br />Equipment is lost, damaged, stolen or taken out of service. Customer’s obligation to pay Service fees for <br />such Equipment will terminate at the end of the month in which Motorola receives such written notice. <br />4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in <br />hazardous environments. <br />4.6. If Equipment cannot, in Motorola’s opinion, be properly or economically serviced for any reason <br />including excessive wear, unavailability of parts, the state of technology, or practical infeasibility, Motorola <br />may modify the scope of Services related to such Equipment; remove such Equipment from the <br />Agreement; or increase the price to Service such Equipment. <br />4.7. Customer must promptly notify Motorola directly of any Equipment failure. Motorola will respond <br />to Customer's notification in a manner consistent with the level of Service purchased as indicated in this <br />Agreement. <br />DocuSign Envelope ID: 9F672A0E-9FCB-4354-99B8-69B1DEDAAD2CDocuSign Envelope ID: DE9704E5-844F-413C-813F-68BC33D96277