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G. Because the Sofiware Subscription Program includes Enhancement Releases for only the currently shipping sot~are version and those prior versions that Motorola may be supporting during the term of the Agreement, Customer is encouraged to migrate the Motorola Software operating on its Communications System to the most current Core Release (e.g. SmartZone 2.0.3 to SmartZone 3.0). If Customer's system is not maintained to a currently supported software version, ail Core Releases and Enhancement Releases may not be compatible with Customer's existing System. Additional hardware, Motorola Soft-ware, and eng/neered modifications may be required if Customer desires to migrate to a particular Core Release or Enhancement Release. Such additional hardware, Motorola Sofe0vare and engineering are not included as part of the Software Subscription Program and may be provided pursuant to a separate agreement. If the size and complexity of Customer's System warrants, Motorola may provide consultation services to determine the technologicai, operational and financiai impact of installing a particular Core Release or Enhancement Release on the System, pursuant to a separate agreement. Section 3 Fees and Payment Attachment 1 contains the annual Software Subscription Program fees and payment terms. The fees listed are based upon Customer's current Motorola equipment configuration as indicated in Attachment A. Customer must notify Motorola promptly of any change in this configuration and Motorola will caiculate re¥ised fees (effective at the beginning of the next subscription year) based on the new configuration. Motorola will refund to Customer any amounts previously paid for Software Subscription Program fees that are reduced due to a new configuration. If the Software Subscription Program fees are increased due to a new configuration, Customer will pay any additionai amounts within thirty days after receipt of an invoice from Motorola. Section 4 Term and Termination A. The term of this Agreement is indicated in Attachment 1 and shall terminate at the expiration of that term unless extended by mutuai agreement of the parties. B. The Customer may terminate this Agreement at any time prior to the expiration of its term by providing written notice of such termination to Motorola. Such termination will be effective at the next annual anniversary date following Motorola's receipt of the written notice. Motorola will refund to Customer any pre-paid Software Subscription Program fees for the terminated period. C. The Agreement will automatically terminate if, at its annuai anniversary date, the software version in Customer's then current configuration is no longer supported by Motorola or if Motorola discontinues the Software Subscription Program, in which case Motorola will refund to Customer any pre-paid Software Subscription Program fees for the terminated period. 34