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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; or accident, liquids, power surges, neglect, acts of God or other force
<br />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, magnetic tapes, etc.; 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 such 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 such 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 specifically stated in this Agreement, Motorola will invoice
<br />Customer in advance for each payment period. All other charges will be billed monthly, and Customer
<br />must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer agrees to
<br />reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or
<br />assessments levied as a result of Services rendered under this Agreement (except income, profit, and
<br />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
<br />workmanship for a period of ninety (90) days following completion of those Services. In the event of a
<br />breach of this warranty, Customer’s sole remedy is to require Motorola to re-perform the non-conforming
<br />Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA
<br />DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
<br />WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
<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-
<br />performing party a written and detailed notice of the default. The non-performing party will have thirty
<br />DocuSign Envelope ID: 9F672A0E-9FCB-4354-99B8-69B1DEDAAD2CDocuSign Envelope ID: DE9704E5-844F-413C-813F-68BC33D96277
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