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.... Eligible Purchaser" means the State of California or any State or local governmental agency, <br /> body, district, city, countyor other political subdivision within the State of California. Any <br /> private company providing ambulance, emergency response, or other public safety or similar <br /> services under contract with Customer will be deemed to be a non-governmental Eligible <br /> Purchaser but only with respect to the performance of such services. : <br /> <br /> "Equipment" is the equipment specified in the Equipment List included in Exhibit B. <br /> "Motorola Sof~ware" is software whose copyright is owned by Motorola. <br /> <br /> "Non-Motorola Sofrware" is software whose copyright is owned by a party other than Motorola. <br /> <br /> "Software" includes Motorola and any Non-Motorola Software that may be furnished with the <br /> Communications System. <br /> <br /> SECTION 3 SCOPE OF AGREEMENT <br /> <br /> A. SCOPE OF WORK. Motorola will assemble and integrate the Equipment and <br /> So~vare, and deliver, install and test the Communications System at designated <br /> sites, as specified in Exhibit B (as modified by the approved Detailed Design <br /> Document) and in accordance with this Agreement. Customer will perform its <br /> responsibilities as specified in Exhibit B (as modified by the approved Detailed <br /> Design Document) and in accordance with this Agreement. <br /> <br /> B. CHANGE ORDERS. Either party may request changes within the general scope <br /> of this Agreement. If a requested change causes an increase or decrease in the cost <br /> of or time required for the performance of this Agreement, Motorola and <br /> Customer will agree to an equitable adjustment in the Agreement price or <br /> performance schedule, or both. Motorola is not obligated to comply with <br /> requested changes unless and until both parties execute a written change order. <br /> Change orders involving an increase or decrease in services will show the number <br /> of days to perform the work and the corresponding man-day rates. Before the <br /> Detailed Design Document is approved, at Customer's request, Motorola will <br /> agree to a change order that substitutes more current models of Equipment for the <br /> ordered Equipment; such change order will reflect any price adjustments. <br /> <br /> C. ADDITIONAL PRODUCTS. Motorola guarantees that for five (5) years from <br /> System Acceptance, Customer and any Eligible Purchaser may purchase <br /> additional items of Equipment off of this Agreement, in which case the terms and <br /> conditions set forth in this Agreement and the Software License Agreement shall <br /> apply. During the first year, the pricing for additional Equipment will remain <br /> firm fplus apolicable freight charges); thereafter, for the remaining four (4) years, <br /> the ?~:cing x ?~ be Motorola's published list price less the applicable discount by <br /> product code as shown on the Product Discount Schedule included with the <br /> Equipment List (plus applicable freight charges) <br /> <br /> <br />