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COMMUNICATIONS SYSTEM AGREEMENT D. Motorola Software Warcantv: Motorola Software is warranted in acc:ordance with the terms of the � Software License Agreement attached as Exhibit A. l.' E. THE EXPRESS WARRANTIES CONTAINED IN THIS SECTION OF THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER WARFtANTIES, EXPRESS OR IMPLIED, WHICH ARE SPECIFICALLY EXCLUDED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Sectfon 10 FCC LICENSES AND AUTHORIZATIONS Customer agrees to obtain aii Federal Communications Commission ("FCC'� licenses and authorizations required for installatian and use of the Communications System prior to the scfieduled installation of the Equipment. Although Motorola may assist in tfie preparation of (icense applications, in no event will Motorola or any of its employees be an agent or representative of Customer in FCC matters. Customer is solely responsible for obtaining all FCC licenses and for complying with FCC rules. Section 11 DELAYS A. Successful project implementation will require cooperation and faimess between the parties. Because it is impractical to provide for every cantingency which may arise during tfie course of pertormance of this Agreement, the parties agree to notifyr the other if they become aware that any condition will significantly delay performance. The parties will agree to reasonable extensions of the project schedule by executing a written change order. B. Under no circumstances will either party be responsible for delays or lack of performance resufting from events be�ond the reasonable control of�that party ("Excusab�e Delays'�. Such events inciude, '�� but are not fimited to, acts of God, wea#her conditions, campliance with laws and reguiations (excfuding Customer's failure to properly ar�d timeiy appfy for all required FCC licenses), govemmental action, bid protests, fire, strikes. lock-outs, and other labor disruptio�s, materiat shortages, riots, acts of war, and an Excusable Detay of a Motoroia subcontractor. , C. Customer will make availabls to Motoroia the sites when scheduled and Customer will not otherwise unreasonably delay or prevent Motorola's performance of its responsibilities. If Customer delays Motorola's performance of its responsibilities, Motorola's performance schedufe will be extended and Customer witl make the miiestone payments specified in Section 5 as if no delay occurred and will pay Motorola an equitable amount which reasonabiy compensates Motorola for such delays. Section 12 DEFAULT A. If Motorola is wholly responsible for failing to comptete delivery, installation or acceptance testing.of the Communications System, Customer may considec Motorola to be in defauft, unless such failure has been caused by an Excusable Defay. Customer agrees to give Motorola written notice ofi such default. Motorola will have thirty (30) days from the receipt of such notice to provide a plan of action that is acceptable ta Customer to cure the defauit. ; Contract No.97-_Jxyz Page 5 , (Rev.6/11/97) _ . _ _ _ .