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Attachment A <br />AMENDMENT TO SERVICE AGREEMENT <br />This is an Amendment to the Service Terms and Conditions entered into by Orange County, a <br />local political subdivision of the State of North Carolina, (“Customer”) and Motorola Solutions, <br />Inc. (“Motorola”). <br /> <br />1. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of <br />respective parties hereunder shall be governed by the laws of the State of North Carolina. <br />By executing this Agreement Provider affirms that Provider and any subcontractors of <br />Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North <br />Carolina General Statutes. By executing this Agreement Provider certifies that Provider <br />has not been identified, and has not utilized the services of any agent or subcontractor <br />identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By <br />executing this Agreement Provider certifies that Provider has not been identified, and has <br />not utilized the services of any agent or subcontractor identified, on the list created by the <br />State Treasurer pursuant to G.S. 147-86.81. <br /> <br />2. Non Appropriation. Motorola acknowledges that Customer is a governmental entity, and <br />the validity of this Agreement is based upon the availability of public funding under the <br />authority of its statutory mandate. In the event that public funds are unavailable and not <br />appropriated for the performance of Customer’s obligations under this Agreement, then <br />this Agreement shall automatically expire without penalty to Customer immediately upon <br />written notice to Motorola of the unavailability and non-appropriation of public funds. In <br />the event of such termination the Customer shall be obligated to pay Motorola for pro- <br />rated service fees up to and including the date of termination and the Customer shall have <br />no further legal obligation pursuant to this Agreement. <br /> <br />3. This Paragraph Supersedes Paragraph 10.3 of the Service Agreement. Termination. <br />The Customer may terminate this Agreement based upon Motorola's material breach of <br />this Agreement; provided, Motorola has not taken all reasonable actions to remedy the <br />breach. The Customer shall give Motorola seven (7) days' prior written notice of its <br />intent to terminate this Agreement for cause. In the event of termination, Motorola shall <br />be paid that portion of the fees and expenses that it has earned to the date of termination, <br />less any costs or expenses incurred or anticipated to be incurred by the Customer due to <br />errors or omissions of Motorola. The payment of any sums by the Customer under this <br />Agreement or the failure of Customer to require compliance by Motorola with any <br />provisions of this Agreement or the waiver by the Customer of any breach of this <br />Agreement shall not constitute a waiver of any claim for damages by the Customer for <br />any breach of this Agreement or a waiver of any other required compliance with this <br />Agreement. <br />DocuSign Envelope ID: CA43EAAF-46CB-4576-B88D-8F41510C954A