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Section 5 Warran~ <br /> <br /> Motorola warrants that its services under this ESS program will be free of <br /> defects in materials and workmanship for a period of ninety (90) days from the <br /> date of performance. MOTOROLA DISCLAIMS ALL OTHER EXPRESS <br /> OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, <br /> THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS <br /> FOR A PARTICULAR PURPOSE. <br /> <br />Section 6 Limitation of LiabiliO~ <br /> <br /> Except for personal injury or death, Motorola's total liability for any claim <br /> under the ESS program, whether such claim is based upon breach of contract, <br /> breach of warranty, negligence, strict liability in tort, or any other cause of <br /> action, will be limited to the actual direct damages recoverable under <br /> applicable law but such amount shall not exceed the greater of (a) the annual <br /> price of the affected Service, or Co) $50,000. IN NO EVENT WILL <br /> MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, <br /> INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR <br /> SAVINGS, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL <br /> DAMAGES. Ifa claim is made for breach of the warranty in Section 5 above, <br /> Motorola at its option may re-perfo.n,a the affected ~ervice instead of paying <br /> damages. This Limitation of Liability will survive the expiration or <br /> termination of Motorola's duty to provide services. <br /> <br /> 25 <br /> <br /> <br />