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Section 2 Excluded Services <br /> <br /> A. Service does not include the repair or replacement of Equipment that <br /> has become defective or damaged due to physical or chemical misuse <br /> or abuse fi.om causes such as lightning, power surges, or liquids. <br /> <br /> B. Motorola has no obligation or responsibility for any Iransmission <br /> medium, such as telephone lines, computer networks, or the worldwide <br /> web, or for Equipment malfunction caused by such transmission <br /> medium. <br /> <br /> C. Unless specifically included in a writing executed by Motorola, Service <br /> of Equipment does not include items that are consumed in the course of <br /> normal operation of the Equipment, such as, but not limited to, <br /> batteries, magnetic tapes, and computer supplies. <br /> <br /> D. ESS does not include reprogramming of Equipment unless part of an <br /> Enhancement Release or replacement. <br /> <br />Section 3 Right to Subcontract/Assignment <br /> <br /> Motorola may assign its rights and obligations and may subcontract any <br /> portion of Motorola's performance under the ESS program. <br /> <br />Section 4 Time and Place of Service <br /> <br /> Service will be provided atthe location specified in the ESS Statement of <br /> Work. When Motorola performs service at the Equipment's location, <br /> Customer agrees to provide Motorola, at no charge, a non-hazardous' <br /> environment for work with shelter, heat, light, and power and with full and free <br /> access to the Equipment. Customer will provide all information pertaining to <br /> the hardware and sofhvare elements of any system with which the Equipment <br /> is interfacing that enable Motorola to perform its obligations under this ESS <br /> program. Unless otherwise specified in the ESS Statement of Work, the hours <br /> of service will.be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and <br /> holidays. If Customer determines the performance of these duties reasonably <br /> requires the use of a helicopter or the incurring of other unusual expenses by <br /> Motorola, Customer will pay such charges. <br /> <br /> 24 <br /> <br /> <br />