Agmt99 Lucent Technologies - Laserfiche WebLink

Browse Search

AMENDMENT TO COMMU1vICATIONS SYSTEM AGREEMENT �4 BETWEEN MOTOROLA,INC and LUCENT TECHNOLOGIES This is an amendment(hereinafter the"Amendment") to that Communications System Agreement between Motorola, Inc ("Motorola") and Lucent Technologies ("Customer") dated , 1999 (the"Agreement") and to the Motorola Soflware License Agreement attached as Exhibit A to said Agreement(the Software License"). Capitalized terms defined in the Agreement and the Software License and not otherwise defined herein have the same meanings ascribed to them as in the Agreement and the Soflwaze License. The effective date of this Amendment is the sar�e as the date of the Agreement. 1. The Agreement is hereby amended by adding the following sentences at the end of Section 16(E) of said Agreement: "Motorola expressly consents to the assignment of this Agreement by Lucent to the City of Redwood City, California. Such assignment will not be effective until final payment specified in Section 5 ("Payment Schedule") of the Agreement is paid by Lucent to Motorola. " 2. The Soflware License is hereby amended by deleting the following sentences in Section 8: "This limited software warranty does not include any warranty covering the processing of date data from, into, and between the year 1999 and the year 2000. Any such warranty would be by a separate written warranty agreement executed by the parties." and replacing those sentences with the following sentences: Motorola warrants that each hardware, software, and firmware product delivered under this Agreement ("Product") shall be able to accurately process date data(including,but not lunited to, calculating, comparing, and sequencing) from, into, and between the year 1999 and the year 2000, including leap year calculations, when used in accordance with the Product documentation provided by Motorola,provided that all products (e.g., hardware, software, fumware)used in combination with such Product properly exchange date data with it. The remedies available for breach of this warranty shall be as defined in, and subject to, the terms and limitations of the Equipment Warranty provided in the A�eement. Except as provided herein,nothing in this warranty statement shall be construed to limit any rights or remedies provided elsewhere in this Agreement with respect to matters other than Year 2000 performance. 3. The Softwaze License is hereby amended by deleting the following sentences in Section 8: THIS WA,RRANTY EXTENDS ONLY TO THE FIRST LICENSEE; SUBSEQUENT TRANSFEREES MLJST ACCEPT THE MOTOROLA SOFTWARE "AS IS" AND WITH NO WARR-ANTIES OF ANY KIND• Amendmcnt to Motorola/Lucent Agreemcnt--Page 1 " _ . __ ___ _ _