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10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant
<br />to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by
<br />Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the
<br />effective date of termination, Motorola will have no further obligation to provide Services.
<br />SECTION 11 LIMITATION OF LIABILITY
<br />Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence,
<br />strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed
<br />the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES
<br />ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA
<br />WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA,
<br />GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR
<br />CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE
<br />PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract
<br />breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one
<br />(1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of
<br />liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary
<br />provision.
<br />SECTION 12 EXCLUSIVE TERMS AND CONDITIONS
<br />12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the
<br />parties, whether written or oral, related to the Services, and there are no agreements or representations
<br />concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be
<br />amended or modified except by a written agreement signed by authorized representatives of both parties.
<br />12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this
<br />Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event
<br />will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other
<br />writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement;
<br />clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order,
<br />acknowledgement, or other writing is signed by authorized representatives of both parties.
<br />SECTION 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL
<br />PROPERTY RIGHTS
<br />13.1, Any information or data in the form of specifications, drawings, reprints, technical information or otherwise
<br />furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be
<br />kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without
<br />Motorola's written permission or as required by law, any confidential information or data to any person, or use
<br />confidential information or data for any purpose other than performing its obligations under this Agreement. The
<br />obligations set forth in this Section survive the expiration or termination of this Agreement.
<br />13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at
<br />any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to
<br />provide Customer with access to its confidential and proprietary information, including cost and pricing data.
<br />13.1 This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or
<br />license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual
<br />property created as a result of or related to the Equipment sold or Services performed under this Agreement.
<br />SECTION 14 .... FCC LICENSES AND OTHER AUTHORIZATIONS
<br />Customer is solely responsible for obtaining licenses or other authorizations required by the Federal
<br />Communications Commission or any other federal, state, or local government agency and for complying with all
<br />rules and regulations required by governmental agencies, Neither Motorola nor any of its employees is an agent
<br />or representative of Customer in any governmental matters.
<br />Cabarrus County, N.C. ,July 19, 2013
<br />6 Channel Expansion Use or disclosure of this proposal is subject
<br />to the restrictions an the cover page.
<br />Attachment number 1
<br />Aft Motorola Solutions Confidential Restricted Contractual Documentation 7 -21
<br />F -3 Page 192
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