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Section 10 WARRANTY
<br /> Motorola wan'ants that it will perform Services under this Service Agreement in a wo~man-like manner. Any claim for
<br /> breach of this warranty must be made by the Customer within 30 days of the date the affected Service is performed.
<br /> Customer's sole remedy is to request that Motorola, at Motorola's sole option, re-perform the affected Service, replace the
<br /> affected Equipment, if applicable, or refund, on a pro-rata basis, the Service fee paid for the affected Service. This
<br /> obligation will apply only with respect to Equipment that has not been abused, misused, neglected, imprepedy installed,
<br /> repaired, altered, or damaged including being operated or maintafined not in conformance with the manufacturer's
<br /> instructions or specifications. The foregoing sets forth Motorcia's entire liability and Customer's exclusive remedy under this
<br /> warranty. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED iNCLUDING,
<br /> WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILtTY AND FITNESS FOR A PARTICULAR
<br /> PURPOSE.
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<br /> Section 11 CERTIFICATION DISCLAIMER
<br /> Unless signed by a Motorola authorized signatory on a separate Motorola standard certification form, Motorola specifically
<br /> disclaims all certifications regarding the manner in which Motorola conducts its business or performs its obligations under
<br /> this Service Agreement.
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<br /> Section 12 DEFAULT/TERMINATION
<br /> Customer agrees to provide Motorola wdtten notice of any default of this Service Agreement stating the nature of the
<br /> default. Motorola will have at least sixty (60) days after receipt of the notice to cure such default. If Motorola does not
<br /> cure the default within this pedod, Customer may terminate that portion of the Service Agreement that is in default by giving
<br /> Motorola thiry (30) days prior wdtten notice. In the event of termination under this Section, Motorola's total liability for
<br /> default is limited to the pdce of thirty (30) days of Service for the terminated portion of the Service Agreement.
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<br /> Section 13 LIMITATION OF LIABILITY
<br /> Notwithstanding any other provision, Motorola's total liability, whether for breach of contract, warranty, indemnity,
<br /> negligence, strict liability in tort or otherwise, is limited to the pdce of twelve months of Services sold hereunder with respect
<br /> to which losses or damages are claimed. IN NO EVENT WILL MOTOROLA BE LIABLE FOR LOSS OF USE, LOSS OF
<br /> TIME, NCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS, OR OTHER INDIRECT, SPECIAL,
<br /> INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
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<br /> Section 14 EXCLUSIVE TERMS AND CONDITIONS
<br />A. Customer acknowledges that it has read and understands the terms and conditions of the Service Agreement and
<br />agrees to be bound by them, that it is the complete and conclusive statement of the agreement between Motorola and
<br />Customer, and supersedes all prior and concurrent agreements and understandings, whether written or oral, related to the
<br />subject matter contained herein. The Service Agreement may not be altered, amended, or modified except by written
<br />amendment signed by an authorized signatory of both parties.
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<br />B. Customer agrees to reference this Service Agreement on all purchase orders issued pursuant to this Service
<br />Agreement. Neither party will be bound by any terms or conditions contained in Customer's purchase order or elsewhere
<br />(even if it is attached to the Service Agreement). In the event of a conflict between the main body of this Service
<br />Agreement and any Addenda or Attachments, the main body of this Service Agreement will take precedence, unless the
<br />Addendum or Attachment specifically states otherwise and refers to this Section 14.
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<br />Section 15 FCC LICENSES AND OTHER AUTHORIZATIONS
<br />Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications
<br />Commission ("FCC ") or any other federal, state or local government agency and for complying with all ruies and
<br />regulations required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer
<br />in FCC or other govemmental matters. Motorola may, however, assist Customer in preparing any license application.
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<br />Section 16 OWNERSHIP OF INTELLECTUAL PROPERTY
<br />Nothing contained in the Service Agreement or elsewhere will be construed to grant directly or by implication, estoppel, or
<br />otherwise, any ownership dght or license under any Motorola patent, copyhght, trade secret, or other intellectual property
<br />including any intellectual property created as a result of or related to the products sold or Services performed under this
<br />Service Agreement.
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<br />Section 17 GENERAL TERMS
<br />A. If any term or provision of this Service Agreement is held by a court or other tribunal to be invalid, void or unenforceable,
<br />that term or provision will be inoperative and void insofar as il conflicts with law, but the remaining terms and provisions of
<br />this Service Agreement will continue in full force and effect.
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<br />B. Section and paragraph headings are for convenience only and are not to be deemed or construed to be part of this
<br />Service Agreement.
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