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4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's
<br />notification in a manner consistent with the level of Service purchased as indicated in this Agreement.
<br />SECTION 5 EXCLUDED SERVICES
<br />5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from
<br />use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable
<br />industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other
<br />force majeure events.
<br />5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal
<br />operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment;
<br />accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or
<br />maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer,
<br />combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines,
<br />computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission
<br />medium.
<br />SECTION 6 TIME AND PLACE OF SERVICE
<br />Service will be provided at the location specified in this Agreement. When Motorola performs service at
<br />Customer's location, Customer will provide Motorola, at no charge, a non - hazardous work environment
<br />with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of
<br />liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer
<br />will provide all information pertaining to the hardware and software elements of any system with which the
<br />Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this
<br />Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and
<br />holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or
<br />expenses associated with helicopter or other unusual access requirements; if these charges or expenses
<br />are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola
<br />for those charges and expenses.
<br />Section 7 CUSTOMER CONTACT
<br />Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be
<br />available twenty -four (24) hours per day, seven (7) days per week, and an escalation procedure to enable
<br />Customer's personnel to maintain contact, as needed, with Motorola.
<br />SECTION 8 PAYMENT
<br />Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for
<br />each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S.
<br />dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales
<br />and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered
<br />under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity.
<br />SECTION 9 WARRANTY
<br />Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for
<br />a period of ninety (90) days from the date the performance of the Services are completed. In the event of a
<br />breach of this warranty, Customer's sole remedy is to require Motorola to re- perform the non - conforming Service
<br />or to refund, on a pro -rata basis, the fees paid for the non - conforming Service. MOTOROLA DISCLAIMS ALL
<br />OTHER WARRANTIES, EXPRESS OR iMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
<br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
<br />SECTION 10 DEFAULTITERMINATION
<br />10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-
<br />performing party a written and detailed notice of the default. The non - performing party will have thirty (30) days
<br />thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing
<br />the cure plan immediately after plan approval, If the non - performing party fails to provide or implement the cure
<br />plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this
<br />Agreement effective upon giving a written notice of termination to the defaulting party.
<br />Cabarrus County. N.C. .July 19, 2013
<br />6 Channel Expansion Use or disclosure of this proposal is subject
<br />to the restrictions on the cover page.
<br />ak Attachment number 1
<br />Motorola Solutions Confidential restricted Contractual Documentation 7 -20
<br />F -3 Page 191
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