Orange County NC Website
have no obligation to provide Customer with access to its confidential and proprietary information, <br />including cost and pricing data. <br />13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership <br />right or license under any Motorola patent, copyright, trade secret, or other intellectual property including <br />any intellectual property created as a result of or related to the Equipment sold or Services performed <br />under this Agreement. <br />Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS <br />Customer is solely responsible for obtaining licenses or other authorizations required by the Federal <br />Communications Commission or any other federal, state, or local government agency and for complying <br />with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an <br />agent or representative of Customer in any governmental matters. <br />SECTION 15 COVENANT NOT TO EMPLOY <br />During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will <br />not hire, engage on contract, solicit the employment of, or recommend employment to any third party of <br />any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This <br />provision applies only to those employees of Motorola or its subcontractors who are responsible for <br />rendering services under this Agreement. If this provision is found to be overly broad under applicable <br />law, it shall be modified as necessary to conform to such law. <br />Section 16 MATERIALS, TOOLS AND EQUIPMENT <br />All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola <br />for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will <br />safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage <br />to such property, and return it to Motorola upon request. Such property will be held by Customer for <br />Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time <br />without restriction. <br />Section 17 GENERAL TERMS <br />17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will <br />continue in full force and effect. <br />17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in <br />accordance with the laws of the State in which the Services are performed. <br />17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. <br />17.4. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, <br />material shortages, or acts of God that are beyond that party’s reasonable control. <br />17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its <br />performance, under this Agreement. <br />17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY <br />ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES <br />A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO <br />DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY <br />DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. <br />17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and <br />conditions in effect at the time of the termination or expiration will apply to those Services and Customer <br />agrees to pay for such services on a time and materials basis at Motorola’s then effective hourly rates. <br />DocuSign Envelope ID: 9F672A0E-9FCB-4354-99B8-69B1DEDAAD2CDocuSign Envelope ID: DE9704E5-844F-413C-813F-68BC33D96277