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COMMUNICATIONS SYSTEM AGREEMENT � B, if Motorola fails to cure the default, Custome� may termirtate any unfulfilied portion of this Agreemen� If Customer completes the Communications System through a third party, Customer may recover the .`� reasonable costs of completing the Communications System to a capabi��tY not exceeding that specified in the Agreement, less the unpaid portion of the Gontract Price. C�stomer agrees to use its best efforts to mitigate such costs. Motorola's liability under this Section 12 is subject to the limitations of Section 15, Limitation of Liabifity, of this Agreement. C. THE REMEDIES PROVIDEO IN THIS SECTIOE�OF DE AULT.EMENT WILL BE THE FULL EXTENT OF MOTOROLA'S LIABILITY IN THE EV Section 13 INDEMNIFICA'I'ION A. Motorofa's Nealiaence. Motorola agrees ta and hereby indemnifies and saves Customer harmless from all iiabilities which may accrue against Customer on account of direct physica�damage to tangible property or personal injury to the extent the damage or injury is caused by Motorola's negligence or recktessness, or that of its employees, subcontractors, or agents while on the Customer's premises during the delivery, installation,or testing of the Communications System pursuant to this Agreement B. Patent and Co�vriaht Infrinaement. Motorola will defend, at its expense, any suits against Customer based upon a ctaim that any unaftered Equipment directly infringes a U.S. patent or copyright, and Motorola will pay costs and damages finally awarded against Customer in any such suit, provided that Motorola is notified promptly in writing of any such claim and, at Motorola's request and e�ense, is given control of the suit and all assistance requested by Motorola in d obtain for Custome Athe riyht to Motorola may etect, at its option and at no expense to Customer,to(a) continue use of the Equipment, (b) substitute eguivalent equipment reasonably acceptable to Customer and extend this indemnity to the substituted equipment, or (c) accept the retum'of the Equipment and refund the full purchase price for the Equipment, less a reasonable charge for wear and depreciation. Motorola will have no liabil'ity to Customer for any infringement or alteged infringement of any patent or copyright caused by any of Customer's products or the combination of any Equipment with any equipment not fumished by Motorola C. Motorola's indemnification of Customer under this Section 13 will be the futl extent of Motorola's indemnification of Customer from liabilities that are in any way related to Motorola's pertormance under this Agreement. _ Section 14 DlSPUTES A. Motorola and Customer will attempt to settle any cfaim or controversy arising from this Agreement through consuttation and negotiation in good faith and a spirit of mutual cooperation. If those attempts fail, the dispute will be mediated by a mediator chosert jointiy by Motorola and Customer within thirty days after notice by one of the parties demanding non-binding mediation. Neithe� pacty may unreasonabty withhold consent to the selection of a.mediator, and Motor�la and Customer will share the cost of the mediation equally. The parties may postpone mediation until #iey have completed some specified but limited discovery about the dispute. The parties may also repface mediation with some other form of non-binding altemate dispute resoit�tion (`ADR")procedure. Contract No.97-_JXYz' Page 6 , (Rev.6/11/9� _._ _.