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God, lightning, fires or other casualty;, causes extemal to the Equipment including electrical power failure, surges, or
<br />anomalies, and inadequate temperature or humidity control; improper or unauthorized disassembly, testing, operation,
<br />maintenance, installation, modification, adjustment or repair; environmental conditions not conforming to Equipment
<br />specifications.
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<br />B. Unless specifically included in the Order Form, Service does not include repair or maintenance of any transmission
<br />line, antenna, tower or tower lighting, duplexer, combiner, or multicoupler. Where a transmission medium, such as but
<br />not limited to telephone lines, E-911 lines, local area networks (LANs), wide area networks (WANs), intemet, wodd
<br />wide web, optical fibers, satellite data paths, or other interlacing system, is used in conjunction with the Equipment,
<br />Moterola has no obligation or responsibility for such transmission medium or for Equipment malfunction caused by the
<br />transmission medium. Upon request, Motorola agrees to assist the telephone company or other third-party at
<br />Uotorola's then current rates for such service.
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<br />C. Unless specifically included in the Order Form, Service does not include replacement, installation, maintenance or
<br />repair of items that are consumed in the course of nermat operation of the Equipment, such as but not limited to
<br />batteries, magnetic tapes, cassettes, type elements and computer supplies. Service also does not include
<br />replacement of antenna, belt clips, speakers, microphones, power cabling, control head push buttons, knobs, other
<br />cosmetics, battery chargers, and like items.
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<br />D. Unless specifically included in the Order Form, Service does not include reprogramming or repairs to optional
<br />accessories, custom or special products (SP's), modified units, and non-standard software.
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<br />E. Service does not include repairs to Equipment located in an environment as determined by Motorola that [s hazardous to
<br />the safety or heafih of Motorola employees, agents, or subcontractors.
<br />
<br />F. Service does not include certification programs, reprogramming, and modifications to Equipment re~ated to assudng the
<br />correct processing, providing, and/er receiving of date data from, into, and between the year 1999 and the year 2000.
<br />
<br />Section 5 RIGHT TO SUBCONTRACT/ASSIGNMENT
<br />Motorola has the right to assign the dghts and obligations under this Service Agreement, and to subcontract in whole and in
<br />part Motorela's performance called for by this Service Agreement.
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<br />Section 6 TIME AND PLACE OF SERVICE
<br />Service will be provided at the location(s) specified in the Order Form. Where service is to be performed at the Equipment's
<br />location, Customer agrees to furnish shelter, heat, light, power, and necessary equipment (except that nermally supplied by
<br />Motorola) at no charge. Customer also agrees to provide full and free access to the Equipment, and no waiver of liability by
<br />Motorola against Customer or other restdcfions will be imposed by Customer as a site access requirement. In addition,
<br />Customer agrees to fully cooperate with Motorola and to provide all information pertaining to the hardware and software
<br />elements of any system with which the Equipment is interfacing that Motorola deems is reasonably necessary to enable
<br />Motorola to perform its obligations under this Service Agreement. Unless otherwise specified in the Order Form, the hours
<br />of Service will be the standard business hours of 8:30 a.m. to 4:30 p.m., excluding weekends and holidays.
<br />
<br /> Section 7 PAYMENT
<br />On or about the date each payment is due, Motorola will send Customer an invoice covering the Service fees for the next
<br />payment period. All other charges will be billed monthly, and Customer must pay each invoice within thirbj (30) days of the
<br />invoice date to the Motorola office designated by Motorola. Each invoice will be due and payable whether or not the
<br />Equipment is operating, and Moterola may terminate this Service Agreement by giving Customer thirty (30) days pdor
<br />wdtten notice if Customer fails to timely pay as required herein. Customer agrees to reimburse Motorola for all property
<br />taxes, sa[es and use taxes, excise taxes, and other taxes or assessments now or hereafter imposed by any federal, state or
<br />local government with respect to this Service Agreement, except income, profit, and franchise taxes of Motorola.
<br />
<br /> Section 8 INTERRUPTION OF SERVICE
<br /> Customer must notify Motorola, or Moterota's subcontractor, immediately of any Equipment failure. Motorola will respond to
<br /> Customer's notification in a manner consistent with the level of service purchased as indicated on the Order Form. in the
<br /> event that Motorola does not repair the Equipment within a reasonable time, Moteroia wil~ provide Customer with a credit
<br /> based upon the service fee for that particular Equipment and the amount of time the Equipment is unusable due to
<br /> Motorola's delay in completing the repair of the Equipment.
<br />
<br /> Section 9 EXCUSABLE DEFAULT
<br /> Neither party is liable for delays or lack of performance resulting from causes beyond that party's reasonabte control
<br /> Such causes include, but are not limited to: acts of God; fire; unusually severe weather conditions; epidemics;
<br /> quarantine restrictions; strikes; matenal shortages; acts of war; riots; freight embargoes; compliance with laws or
<br /> regulations; government acfion; acts or failure to act by Customer, its agents, employees, or subcontractors; and
<br /> Motorola's subcontractors' failure to provide or delay in providing service due to such causes.
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<br /> ASD-02-O05 EFF (7/97)
<br /> 13319
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