2023-304-E-Sheriff Office-Mobile Communications America-Communications equipment maintenance service

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Qty 175 119 1 1 Qty GOVERNING LAW AND VENUE: This Agreement and the parties’ performance hereunder shall be governed by North Carolina law, excluding choice-of-law rules. Furthermore, to the extent permitted under North Carolina law, the parties waive the benefit all substantive, non-procedural, foreign and international laws, which might otherwise grant the parties rights which are different than those contemplated under this Agreement. The parties agree that a party shall commence any action with respect to any dispute regarding the performance or breach of this Agreement exclusively in the State of North Carolina Courts in Orange County, North Carolina or the United States District Court for the Middle District of North Carolina, and the parties, by entering into this Agreement, submit to the exclusive venue and personal jurisdiction of such courts, and waive all objections to jurisdiction and venue of such courts, including forum non-convenes. State Requirements: By executing this Agreement, Mobile Communications America certifies that is has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing their Agreement, MCA certifies that it has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-8381. By executing this Agreement, MCA affirms it is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic service to b provided, should any document be referenced in or attached to this Agreement, the terms herein shall haver priority in any conflict between the terms of referenced documents and the terms of this Agreement. COUNTERPARTS: The Agreement may be executed in counterparts, which together constitute one and the same agreement. A facsimile copy or computer image, such as a PDF or tiff image, of a signature shall be treated as and shall have the same effect as an original signature. In addition, a true and correct facsimile copy or computer image of the Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Equipment and Coverage Details - Attachment A Coverage Portables Essential Services - Repair Premier Services - Repair System Coverage QUANTAR Sheriff's Office Ch 1 per Pat KNHZ412 Rx / PL 453.65 / 103.5 Tx / PL 458.65 / 103.5 Removed MSF5000 OCSO Ch 2 (per Pat) from contract KNIB746 Rx / PL 453.45 / 103.5 Tx / PL 458.45 / 103.5 Mobiles VEHICLE EQUIPMENT MISCELLANEOUS: This Agreement: (i) constitutes the entire agreement between MCA and Customer relating to the maintenance of the Equipment, and supersedes all prior agreements relating thereto, whether written or oral, and (ii) may not be amended or modified except in a writing signed by the parties hereto. If any provision of the Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the Agreement. All notices given by one party to the other under this Agreement must be delivered by: (a) hand delivery, (b) certified mail, return receipt requested, (c) nationally recognized overnight courier service, or (d) facsimile, to the other party’s respective address given in the preamble to the Agreement. ATTORNEYS’ FEES: Should any dispute arise between the parties regarding the interpretation, application, effect or enforcement of the Agreement, the prevailing party in any legal or arbitration proceedings commenced to resolve the dispute shall be entitled to costs and reasonable attorney's fees incurred in said legal proceeding. COVENANT NOT TO SOLICIT: During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of MCA or its subcontractors without the prior written authorization of MCA. This provision applies only to those employees of MCA or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it shall be modified as necessary to conform to such law. Service Support Monday thru Friday 8:00am to 4:30pm Annual Preventative Maintenance Inspection Portable Accessories Not Included Portables to Service Center for Repair Vehicles Include Repairs Only, No Parts- All customer vehicles are included in this coverage. *Vehicle Repairs (when needed) are to be completed in conjunction with weekly runs for subscriber pick ups. Includes Weekly Pick-up and Drop-off of Portables Best Effort Provided on Any Unsupported Equipment (XTL2500) *Any addition subscribers acquired during this contract term will be added to next years contract at warranty pricing DocuSign Envelope ID: 90743B6C-BB02-4127-B63F-F6F638A798EF