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estimated dates included with the payment milestone schedule are incorrect and, <br /> for purposes of this Agreement, are hereby deleted.) The amendments to the <br /> payment milestone schedule are: <br /> <br /> the 2% of the amount for Fixed Network Equipment and Services shall be due <br /> upon successful completion of the Acceptance Test Plan and before the <br /> commencement of the 30 Day Bum In Period, <br /> <br /> the final 8% o£the amount for Fixed Network Equipment and Services, less <br /> $50,000 for any open punch list items, will be paid on System Acceptance; and <br /> <br /> the $50,000 reserved for the open punch list items will be paid when these punch <br /> list items are completed. <br /> <br /> B. Overdue invoic~-s wi bear interest at a rate of 10% simple interest per annum, <br /> unless such rate exceeds the maximum allowed by law, in which case it shall be <br /> reduced to the maximum allowable rote. <br /> <br />SECTION 6 INSTALLATION AND SITE CONDITIONS <br /> <br /> A. In addition to its responsibilities described in the Statement of Work, Customer <br /> agrees to provide a designated project director, procure any necessary <br /> construction permits, building permits, zoning variances and the like, provide <br /> access to the sites identified in the Exhibits as requested by Motorola, and have <br /> such sites available for installation of the Equipment by Motorola in accordance <br /> with the performance schedule and Statement of Work. <br /> <br /> B. If either Motorola or Customer determines during the course of performance of <br /> this Agreement that the sites identified in the Exhibits are no longer available or <br /> desired, or, if subsurface, structural, adverse environmental or latent conditions at <br /> any site differ from those indicated on the specifications in the Exhibits, Motorola <br /> and Customer will promptly investigate the conditions and jointly select <br /> replacement sites or adjust the installation plans and specifications as necessary. <br /> <br /> C. If Customer an~: vlotorola de-~?~ne that any change in sites, site availability, <br /> installat:c*n piano, or specifics: ns will require an adjustment in the contract price <br /> or in the time required/hr the performance of this Agreement, the parties will <br /> agree to an equitable adjustment in the price, performance schedule, or both; and <br /> this Agreement will be modified in accordance with Section 3.B of this <br /> Agreement. <br /> <br /> D. This Agreement is predicated upon normal soil conditions as defined by the <br /> version of E.I.A. standard RS-222 in effect on the Effective Date of this <br /> Agreement. <br /> <br /> 6 <br /> <br /> <br />