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ExmnIT D <br /> SERVICE AGRF, EMENT <br /> <br /> THIS SERVICE AGREEMENT is entered into by and between Motorola, Inc. <br /> ("Motorola") end the customer named in this Agreement's Attachments ("Customer"). <br /> <br />Section 1 Definitions <br /> <br /> "Service Agreement" means this Service Agreement and its Attachments; <br /> "Equipment" means, collectively and in part, the communication equipment that is <br /> specified in the Attachments or that is subsequently added to this Service Agreement. <br /> <br />Section 2 Acceptance <br /> <br /> The terms end conditions set forth in this Service Agreement and in Attachments will <br /> become the Service Agreement only when acknowledged and accepted in writing by <br /> Motorola's Schaumburg, Illinois Service Department. <br /> <br />Section 3 Service Defined <br /> <br /> A. Motorola agrees to provide services for the Equipment as specified in the <br /> Attachments and in accordance with the following standards: (i) Motorola <br /> parts or parts of equal quality that are new or are warrented as "like new" will <br /> be used; (ii) the Equipment will be Serviced at levels set forth in Motorola's <br /> product manuals; end (iii) routine service procedures that are prescribed from <br /> time to time by Motorola for its products will be followed. <br /> B. All communication equipment purchased by Customer fi'om Motorola <br /> ("Additional Equipment") that is part of the same communications system or <br /> of similar type as the Equipment covered under this Service Agreement will be <br /> automatically added to this Service Agreement and will be billed at the <br /> applicable rates a~er the warranty period has expired. Motorola may also <br /> provide additional se~ices ("Above-Contract Services") at Customer's request <br /> that will be billed at Motorola's then applicable service rates. <br /> C. All Equipment must be in working order on the Star~ Date of the Service <br /> Agreement or at the time the Equipment is added to the Service Agreement. <br /> Customer must provide a complete serial number end model number list either <br /> prior to the Start Date or prior to the time that the Equipment is added to the <br /> Service Agreement end must indicate in the Attachments eny Equipment that is <br /> labeled intrinsically safe for use in hazardous environments. <br /> D. Customer must immediately notify Motorola in writing when eny Equipment is <br /> lost, damaged, or stolen. Customer's obligation to pay Service fees for such <br /> Equipment will terminate at the end of the month in which Motorola receives <br /> such written notice. <br /> E. If Equipment cannot, in Motorola's opinion, be properly or economically <br /> serviced for any reason including excessive wear, unavailability of parts, the <br /> state of technology, or the practical feasibility of the scope of Services as <br /> <br /> 26 <br /> <br /> <br />