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the Equipment or Software at a work site, Motorola may inspect the work site and advise Customer of any apparent <br />deficiencies or non -conform Ries with the requirements of this Secton. This Agreement is predicated upon normal <br />soil conditions as defined by the version of E.I.A. standard RS -222 in effect on the Effective Date. <br />6.3. SITE ISSUES. If a Party determines that the sites idenfifed in the Technical and Implementation Documents <br />are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any <br />site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate <br />the conditions and will select replacement sites or adjust the installation plans and specificabons as necessary. If <br />change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to <br />perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order. <br />Section 7 TRAINING <br />Any training to be provided by Motorola to Customer will be described in the Statement of Work. Customer will <br />notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs <br />additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled <br />start date, Motorola may recover these addifional costs. <br />Section 8 SYSTEM ACCEPTANCE <br />8.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days <br />notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance <br />Test Plan. <br />8.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful complefion of the Acceptance Tests. <br />Upon System Acceptance, the Parties will memorialize this event by promptly execufing a System Acceptance <br />Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, <br />acceptance of the individual Subsystem or phase will occur upon the successful complefion of the Acceptance <br />Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate forthe Subsystem <br />or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to <br />Motorola a written notice that includes the specific details of the failure. If Customer does not provide to Motorola <br />a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed <br />to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that <br />do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem <br />acceptance, but will be corrected according to a mutually agreed schedule. <br />8.3. BENEFICIAL USE. Customer acknowledges that Motorola's ability to perform its implementation and testing <br />responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, <br />Customer will not commence Beneficial Use before System Acceptance without Motorola's prior written <br />authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance <br />deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer <br />assumes responsibility for the use and operation of the System. <br />8.4 FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all <br />deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly <br />memorialize this final event by so indicating on the System Acceptance Certificate. <br />Section 9 REPRESENTATIONS AND WARRANTIES <br />9.1.SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the <br />Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this <br />System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies <br />that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with <br />the System or for reasons or parties beyond Motorola's control, such as natural causes; the construction of a <br />building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of <br />frequencies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or <br />configuration outside the Specifications. <br />August 2018 Use or deolosure of ffis proposal's subject <br />to the restrotbns on the cover page. <br />® Motorola Solutions Contidentlal Restricted Contractual Documentation 3-5 <br />F-9 Page 218 <br />