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COMMUNICATIONS SYSTEM AGREEMENT Section 8 SYSTEM ACCEPTANCE �' A. Motorola wili test the Communications System in accordance with the Acceptance Test Pian. System � acceptance shall occur upon the sucxessful completion of such testing ("System Acceptance'� at whict� time both parties shall promptly execute a cert�ficate of system acceptance. If the Aa:eptance Test Pfari includes separate tests for individual subsystems, both parties shall promptly execute cert'rficates of subsystem acceptance upon the successful completion of testing of such subsystems. Minor omissions or variances in performance which do not materially affect the operation of the Cornmunications System as a whole will not postpone System Acceptance. Customer and Motorola will jointly prepare a list of such omissions and variances which Motorola will conect according to an agreed upon schedule. ` B. Motorola agrees to notify Custc�mer when tMe Communications System is ready for acceptance testing. Motorola and Customer agree to commence acceptance testing within fourteen {14) days after receiving such not�cation. If testing is delayed fo� reasons within the control of Customer or its contractors, agents and consultants for more than fourteen (14) days after notification, final payment will be due within forty-five (45) days after such not'rfication and the Warranty Period will commence immediately. C. Motoroia may, but is not obligated to, issue written authorization for Customer's use of the Communications System or its subsystem(s) for limited training or testing purposes, prior to the completion of testing by Motorola Any use of the Communications System without prior written authorization by Motorola shall constitute System Acceptance. Section 9 WARRANTY �� A. Overview: Motorola's wamanty +s designed to provide the appropriate level of warranty caverage for the Communications System during the various phases of its implementation and use. Under the System Functionality WaRanty, Motorota provides assurances that the Communications System will perfon'n in accordance with the spec'�cations included in Exhibit B. Upon System Acceptance the System Functionality Warranty expires. ImmediateVy thereafter, the Equipment and Motorofa Soi�a1e is warranted for a period of one (1) year after System Acceptance in accordance with the app' limited warranties shown below, but in no event longer than eighteen (18) months after the Equipment is shipped from Motoro{a ("Warrar►ry Period"). Uniess otherwise spec�ed in writing, the warranty period for non-Motoroia manufactured Equipment will be as specified by its manufacturer. _ B. System Functionalitv Warrantv. Motorola warrants that the Communications System will perfortn in accordance with the Motorola performance specifications included in Exhibit B. System Aa:eptance will constitute full compliance with and ful�llment of the System Functionatity Warranty C. �auioment Warrantv. The Equipment is- warranted to be free from defects in materials and workmanship throughout the WaRanty Period. Motorola, at its option and expense, will repaic or replace defective Equipment, or refund the purchase price thereof, and such action on the part of Motorola shall be the full extent of Moto�ola's liability hereunder. The Equipment Wananty does not cover Software defects, Equipment defects caused by any equipment, software, products, elements or components not supp(ied by Motoroia under this Agreement, nor does it cover Equipment that has been subject to misuse, accident, neglect, damage, or unauthonzed alterations or repairs. Batteries are excluded but carry their own separate limited warranry. Pa e 4 . (Rev.6/t 1/9� Contract No.97-_____JxYz g . _ _ _ _