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DocuSign Envelope ID:C360A51DD-00137-461 F-A616-1309026FOB45 <br /> 2.10 "Software" means the Motorola Software and Non-Motorola Software, in object code format that is <br /> furnished with the System or Equipment. <br /> Section 3 ACCEPTANCE <br /> Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. <br /> The term of this Agreement begins on the Effective Date. <br /> Section 4 SCOPE OF SERVICES AND TERM <br /> 4.1. SCOPE OF WORK. Motorola will provide the Services described in this Agreement and Exhibit B. At <br /> Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for the <br /> services. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance. The <br /> Customer will not be issuing a Purchase Order (PO) or any other Notice to Proceed (NTP) for the entirety of this <br /> contract. Customer plans to appropriate according to the Exhibit C Payment Schedule and payments can be <br /> processed solely against this Agreement. <br /> 4.2. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, <br /> or Services to be provided by Motorola, if the substitute meets or exceeds the specifications described in Exhibit <br /> B, and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order. <br /> 4.3 MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to <br /> Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to <br /> abide by all of the terms and restrictions of the Software License Agreement. <br /> 4.4. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to Customer in accordance with <br /> the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright <br /> owner has granted to Motorola the right to sublicense the Non-Motorola Software pursuant to the Software <br /> License Agreement, in which case it applies and the copyright owner will have all of Licensor's rights and <br /> protections under the Software License Agreement. Motorola makes no representations or warranties of any kind <br /> regarding Non-Motorola Software. Non-Motorola Software may include Open Source Software. All Open Source <br /> Software is licensed to Customer in accordance with, and Customer agrees to abide by, the provisions of the <br /> standard license of the copyright owner and not the Software License Agreement. Upon request by Customer, <br /> Motorola will use commercially reasonable efforts to determine whether any Open Source Software will be <br /> provided under this Agreement; and if so, identify the Open Source Software and provide to Customer a copy of <br /> the applicable standard license (or specify where that license may be found); and provide to Customer a copy of <br /> the Open Source Software source code if it is publicly available without charge (although a distribution fee or a <br /> charge for related services may be applicable). <br /> 4.5. INSTRINSICALLY SAFE EQUIPMENT. Customer must specifically identify any Equipment that is labeled <br /> intrinsically safe for use in hazardous environments. <br /> 4.6 TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual <br /> agreement of the Parties, the term of this Agreement begins on the Effective Date and continues for nine (9) <br /> years. <br /> Section 5 EXCLUDED SERVICES <br /> Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation <br /> of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, <br /> belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of <br /> any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or <br /> multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer <br /> networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. <br /> The SUAIII Statement of Work also includes various exclusions and limitations on the services. <br /> VIPER SUAIII 22 Feburary 2019 <br /> Lifecycle Sustainment Services Use or disclosure of this proposal is subject <br /> to the restrictions on the cover page. <br /> © Motorola Solutions Confidential Restricted Lifecycle Management Pricing 4-2 <br />