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standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure
<br />events.
<br />5.2. 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, belt clips,
<br />battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission
<br />line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no
<br />obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web,
<br />or for Equipment malfunction caused by the transmission medium.
<br />Section 6. TIME AND PLACE OF SERVICE
<br />Service will be provided at the location specified in this Agreement. When Motorola performs service at Customers
<br />location, Customer will provide Motorola, at no charge, a non -hazardous work environment with adequate shelter, heat,
<br />light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors
<br />will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and
<br />software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services.
<br />Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding
<br />weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or
<br />expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably
<br />incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses.
<br />Section 7. CUSTOMER CONTACT
<br />Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available
<br />twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to
<br />maintain contact, as needed, with Motorola.
<br />Section 8. PAYMENT
<br />Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each
<br />payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within
<br />twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise
<br />taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except
<br />income, profit, and franchise taxes of Motorola) by any governmental entity.
<br />Section 9. WARRANTY
<br />Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period
<br />of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this
<br />warranty, Customers sole remedy is to require Motorola to re -perform the non -conforming Service or to refund, on a
<br />pro-rata basis, the fees paid for the non -conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES,
<br />EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
<br />PARTICULAR PURPOSE.
<br />Section 10. DEFAULT/TERMINATION
<br />10.1. If either party defaults in the performance of this Agreement, the other party will give to the non -performing party a
<br />written and detailed notice of the default. The non -performing party will have thirty (30) days thereafter to provide a
<br />written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately
<br />after plan approval. If the non -performing party fails to provide or implement the cure plan, then the injured party, in
<br />addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a
<br />written notice of termination to the defaulting party.
<br />10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this
<br />Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to
<br />Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of
<br />termination, Motorola will have no further obligation to provide Services.
<br />Section 11. LIMITATION OF LIABILITY
<br />Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict
<br />liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of
<br />twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE
<br />POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY
<br />COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR
<br />SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED
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