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System o-erates for a thirty (30) consecutive day period without a "Major <br /> Failure" ~ defined below). During the 30 Day Bum In Period, Motorola will <br /> monitor ~_~ System network and log any failures. Ifa Major Failure occurs, the <br /> 30 Day Burn In Period shall re-commence fi.om the beginning after Motorola <br /> corrects the Major Failure. The term "Major Failure" shall mean the loss of <br /> tmnking functionality on the System; failure of any entire repeater site; failure of <br /> loop microwave components causing site isolation; loss of simulcast <br /> aiignment/synehronization of more than one channels for more than an hour; or <br /> failure of DACS. During the 30 Day Burn In Period, Customer may load up to <br /> twenty (20) subscriber units on the System. <br /> <br /> C. Motorola agrees to notify Customer when the Communications System is ready <br /> for acceptance testing. Motorola and Customer agree to commence acceptance <br /> testing within ten (10) business days after receiving such notification. If testing is <br /> delayed for reasons within the control of Customer or its contractors, agents and <br /> consultants for more than ten (10) business days after notification, final payment <br /> will be due within thirty (30) days after such notification and the Warranty Period <br /> will commence immediately. <br /> <br /> D. Motorola may, but is not obligated to, issue written authorization for Customer's <br /> use of the Communications System or its subsystem(s) for limited training or <br /> testing purposes, prior to the completion of testing by Motorola. Any use of the <br /> Communications System without prior written authorization by Motorola shall <br /> constitute System Acceptance. <br /> <br />SECTION 9 WARRANTY <br /> <br /> A. WARRANTY PERIOD. Upon System Acceptance, the System Functionality <br /> representation described below is fulfilled. The Equipment and Motorola <br /> ' Software is warranted for a period of one (1) year after System Acceptance <br /> ("Warranty Period") in accordance with the applicable limited warranties shown <br /> below. In no event will the warranty period last longer than eighteen (18) months <br /> after the Equipment and Software is shipped fi.om Motorola. Customer must <br /> notify Motorola in writing if Equipment or Motorola Software does not conform <br /> to these warranties no later than one month after the expiration of the Warranty <br /> Period. <br /> <br /> B. SYSTEM FUNCTIONALITY. Motorola represents that the Communications <br /> System will satisfy the functional requirements in Exhibit B. Upon System <br /> Acceptance, this System Functionality representation is fulfilled. After System <br /> Acceptance, the Equipment Warranty set forth below, the Software Warranty set <br /> forth in the Software License Agreement, and the Enhanced System Support Plan <br /> described in Exhibit C will apply. <br /> <br /> Motorola will not be responsible for performance deficiencies of the System <br /> caused by ancillary equipment not furnished by Motorola attached to or used in <br /> connection with the System provided hereunder. Additionally, Motorola will not <br /> <br /> 8 <br /> <br /> <br />