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Section 10 Default/Termination <br /> <br /> A. Customer agrees to provide Motorola written notice of any default of this <br /> Service Agreement to state the nature of the default. Noncompliance with <br /> regulatory laws or disadvantaged business entity requirements may not be <br /> cause for default. If Motorola does not cure the default within sixty (60) days, <br /> Customer may terminate that portion of the Service Agreement that is in <br /> default by giving Motorola thirty (30) days prior written notice. <br /> B. Any dispute will be resolved by mutual agreement. C. Neither party is liable <br /> for delays or lack of performance resulting from any causes such es strikes, <br /> material shortages, or acts of God that are beyond that party's reasonable <br /> control. <br /> <br />Section 11 Limitation of LiabiliO~ <br /> <br /> Notwithstanding any other provision, Motorola's total liability for losses, whether for <br /> breach of contract, negligence, indemnity, warranty, or strict liability in tort, is limited <br /> to the price of twelve months of Services sold. IN NO EVENT WILL MOTOROLA <br /> BE LIABLE FOR LOSS OF USE, LOSS OF TIME, INCONVENIENCE, <br /> LIQUIDATED DAMAGES, COMMERCIAL LOSS, LOST PROFITS OR <br /> SAVINGS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR <br /> CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE <br /> DISCLAIMED BY LAW. <br /> <br />Section 12 Exclusive Terms and Conditions <br /> <br /> A. Customer acknowledges that the Service Agreement supersedes all prior and <br /> concurrent agreements and understandings, whether written or oral, related to <br /> the services performed. The Service Agreement or Attachments may not be <br /> altered, amended, or modified except by a written agreement signed by both <br /> parties. <br /> B. Customer agrees to reference this Service Agreement on all purchase orders <br /> issued pursuant to this Service Agreement. Neither party will be bound by any <br /> terms contained in Customer's purchase order or elsewhere (eVen if it is <br /> attached to the Service Agreement). In the event of a conflict between the main <br /> body of this Service Agreement and any Addenda or Attachments, the main <br /> body of this Service Agreement will take precedence, v~nless the Addendum or <br /> Attachment specifically states otherwise. <br /> <br /> 29 <br /> <br /> <br />