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be responsible for System performance where the functionality is reduced for <br /> reasons beyond Motorola's control including but not limited to i) an earthquake, <br /> adverse atmospheric eonditious or other natural causes; ii) the eoustmction of a <br /> building that adversely affects the microwave path reliability or RF coverage; iii) <br /> the addition of additional frequencies at System sites that cause RF interference or <br /> intermodulation; iv) Customer changes to load usage and/or configuration outside <br /> the parameters specified in Exhibit B; v) any other act of parties who are beyond <br /> Motorola's control, including Customer or its employees, contractors, consultants <br /> or agents. <br /> <br />C. EQUIPMENT WARRANTY. Motorola warrants the Equipment against material <br /> defects in material and workmanship under normal use and se~wice during the <br /> Warranty Period. All Equipment that is provided under this Agreement, whether <br /> manufactured by Motorola or others, is covered by this Equipment Warranty. <br /> <br /> At no additional charge and at its option, Motorola will either repair the defective <br /> Equipment, replace it with the same or equivalent Equipment, or refund the <br /> purchase price of the defective Equipment, and such action on the part of <br /> Motorola will be the full extent of Motorola's liability hereunder. Repaired or <br /> replaced Equipment is warranted for the balance of the original applicable <br /> warranty period. All replaced parts of the Equipment shall become the property of <br /> Motorola. <br /> <br /> THIS WARRANTY DOES NOT APPLY TO <br /> <br /> a) Defects or damage resulting from use of the Equipment in other than its <br /> normal and customary manner. <br /> b) Defects or damage occurring from misuse, accident, water, or neglect. <br /> c) Defects or damage occurring from testing, operation, maintenance, <br /> installation, alteration, modification, or adjustment not provided by <br /> Motorola pursuant to this Communications System Agreement. <br /> d) Breakage or damage to antennas unless caused directly by defects in <br /> material or workmanship. <br /> e) Equipment that has been subjected to unauthorized Equipment <br /> modifications, disassembly or repairs (including the addition to the <br /> Equipment of non-Motorola supplied equipment if not authorized by <br /> Motorola) which adversely affect performance of the Equipment or <br /> interfere with Motorola's normal warranty inspection and testing of the <br /> Equipment to verify any warranty claim. <br /> f) Equipment which has had the serial number removed or made illegible. <br /> g) Batteries (because they carry their own separate limited warranty). <br /> h) Freight costs to the repair depot. <br /> i) Equipment which, due to illegal or unauthorized alteration of the <br /> software/firmware in the Equipment, does not function in accordance with <br /> Motorola's published specifications or with the FCC type acceptance <br /> <br /> <br />