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Agenda - 11-07-2024; 8-n - Service Agreement for Public Safety Communications Radio System and Approval of Budget Amendment #2-F
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Agenda - 11-07-2024; 8-n - Service Agreement for Public Safety Communications Radio System and Approval of Budget Amendment #2-F
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10/31/2024 1:54:04 PM
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BOCC
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11/7/2024
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Business
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Agenda
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8-n
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6 <br /> Service Terms and Conditions <br /> Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: <br /> Section 1.APPLICABILITY <br /> These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer <br /> either(1) maintenance, support, or other services under a Motorola Service Agreement, or(2) installation services under <br /> a Motorola Installation Agreement. <br /> Section 2. DEFINITIONS AND INTERPRETATION <br /> 2.1. "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement <br /> or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this <br /> reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and <br /> Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the <br /> cover page or attachment states otherwise. <br /> 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. <br /> 2.3. "Services" means those installation, maintenance, support, training, and other services described in this <br /> Agreement. <br /> Section 3.ACCEPTANCE <br /> Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the <br /> Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement <br /> begins on the "Start Date" indicated in this Agreement. <br /> Section 4. SCOPE OF SERVICES <br /> 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other <br /> document attached to this Agreement. At Customer's request, Motorola may also provide additional services at <br /> Motorola's then-applicable rates for the services. <br /> 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment <br /> will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are <br /> prescribed by Motorola will be followed. <br /> 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial <br /> Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the <br /> warranty for that additional equipment expires. <br /> 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the <br /> Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the <br /> Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out <br /> of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which <br /> Motorola receives the written notice. <br /> 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous <br /> environments. <br /> 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, <br /> Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or <br /> increase the price to Service that Equipment. <br /> 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification <br /> in a manner consistent with the level of Service purchased as indicated in this <br /> Agreement. <br /> Section 5. EXCLUDED SERVICES <br /> 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other <br /> Revised Sep 3, 2022 <br />
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