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<br />.. . <br /> Motorola written notice of any default of this Service Agreement to state the nature of <br /> the default. Noncompliance with regulatory laws or disadvantaged business entity <br /> requirements may not be cause for default. If Motorola does not cure the default within <br /> sixty (60) days, Customer may terminate that portion of the Service Agreement that is in <br /> default by giving Motorola thirty (30) days prior written notice. B. Any dispute will be <br /> resolved by mutual agreement. C. Neither party is liable for delays or lack of <br /> performance resulting from any causes such as strikes, material shortages, or acts of God <br /> that are beyond that partyÕs reasonable control. <br /> SECTION 11 LIMITATION OF LIABILITY Notwithstanding any other provision, <br /> MotorolaÕs total liability for losses, whether for breach of contract, negligence, <br /> indemnity, warranty, or strict liability in tort, is limited to the price of twelve months of <br /> Services sold. IN NO EVENT ~L MOTOROLA BE LIABLE FOR LOSS OF USE, <br /> LOSS OF TIME, INCONVENIENCE, LIQUIDATED DAMAGES, COMMERCIAL <br /> LOSS, LOST PROFITS OR SA VlNGS, OR OTHER INDIRECT, SPECIAL, <br /> INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH <br /> MAYBE DISCLAIMED BY LAW. <br /> SECTION 12 EXCLUSIVE TERMS AND CONDITIONS A. Customer <br /> acknowledges that the Service Agreement supersedes all prior and concurrent agreements <br /> and understandings, whether written or oral, related to the services performed, The <br /> Service Agreement or Attachments may not be altered, amended, or modified except by a <br /> written agreement signed by both parties. B. Customer agrees to reference this Service <br /> Agreement on all purchase orders issued pursuant to this Service Agreement. Neither <br /> party will be bound by any terms contained in CustomerÕs purchase order or elsewhere <br /> (even if it is attached to the Service Agr~ment). In the event of a conflict between the <br /> main body of this Service Agreement 'and any Addenda or Attachments, the main body of <br /> this Service Agreement will take precedence, unless the Addendum or Attachment <br /> specifically states otherwise. <br /> SECTION 13 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is <br /> solely responsible for obtaining licenses or other authorizations required by the Federal <br /> Communications Commission (ÒFCC Ò) or any other federal, state, or local government _..-- <br /> agency and for complying with all rules and regulations required by such agencies. <br /> Neither Motorola nor any of its employees is an agent or representative of Customer in <br /> any governmental matters. <br /> SECTION 14 OWNERSHIP OF INTELLECTUAL PROPERTY A. This Service <br /> Agreement does not grant directly or by implication, estoppel, or otherwise, any <br /> ownership right or license under any Motorola patent, copyright, trade secret, or other <br /> intellectual property including any intellectual property created as a result of or related to <br /> the products sold or Services performed under this Service Agreement. B. Motorola <br /> reserves the right to limit access to its confidential and proprietary information including <br /> cost and pricing data. <br /> SECTION 15 GENERAL TERMS A. If any court renders any portion of this Service <br /> Agreement unenforceable, the remaining terms will continue in full force and effect. B. <br /> TIllS SERVICE AGREEMENT AND THE RIGHTS AND DUTIES OF THE PARTIES <br /> WILL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS <br /> OF THE STATE OF ILLINOIS. C. Failure to exercise any right will not operate as a <br /> waiver of that right, power, or privilege. D. Except for money due upon an open <br /> - <br /> r <br />