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AG 2016 09 19
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AG 2016 09 19
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9/20/2016 11:20:23 AM
Creation date
11/27/2017 10:34:58 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/19/2016
Board
Board of Commissioners
Meeting Type
Regular
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and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, <br />Customer will ensure that these work sites have adequate: physical space, air conditioning and other <br />environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and <br />connections; and adequate telephone or other communication lines (including modem access and <br />adequate interfacing networking capabilities), all for the installation, use and maintenance of the <br />Products. <br />Section 7 ACCEPTANCE <br />Acceptance of the Products will occur upon delivery to Customer unless the Statement of Work provides <br />for acceptance verification or testing, in which case acceptance of the Products will occur upon <br />successful completion of the acceptance verification or testing. Notwithstanding the preceding sentence, <br />Customer's use of the Products for their operational purposes will constitute acceptance. <br />Section 8 REPRESENTATIONS AND WARRANTIES <br />8.1. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment <br />under normal use and service will be free from material defects in materials and workmanship. <br />8.2. MOTOROLA SOFTWARE WARRANTY. Unless otherwise stated in the Software License <br />Agreement, during the Warranty Period, Motorola warrants the Motorola Software in accordance with the <br />terms of the Software License Agreement and the provisions of this Section that are applicable to the <br />Motorola Software. TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT <br />PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT <br />BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT <br />AGREEMENT SUPERCEDES THIS SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF <br />EACH SUCH PRODUCT. <br />8.3. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These <br />warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Motorola <br />Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of <br />God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not <br />provided or authorized in writing by Motorola; Customer's failure to comply with all applicable industry and <br />OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or <br />workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries <br />(because they carry their own separate limited warranty) or consumables; (v) freight costs to ship <br />Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does <br />not affect the operation of the Equipment; and (vii) normal or customary wear and tear. <br />8.4. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of <br />the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will <br />investigate the warranty claim. If this investigation confirms a valid warranty claim, Motorola will (at its <br />option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, <br />replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola <br />Software. That action will be the full extent of Motorola's liability for the warranty claim. If this <br />investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding <br />to the claim on a time and materials basis using Motorola's then current labor rates. Repaired or replaced <br />product is warranted for the balance of the original applicable Warranty Period. All replaced products or <br />parts will become the property of Motorola. <br />8.5. ORIGINAL END USER IS COVERED. These express limited warranties are extended by <br />Motorola to the original user purchasing the Products for commercial, industrial, or governmental use <br />only, and are not assignable or transferable. <br />8.6. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE <br />WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS <br />Motorola Apttus /Contract No. Page 4 v. 8 -16 -2016 <br />Attachment number 3 \n <br />F -11 Page 133 <br />
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