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AG 2018 09 17
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AG 2018 09 17
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Last modified
5/8/2019 7:18:45 PM
Creation date
5/2/2019 12:14:31 PM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2018
Board
Board of Commissioners
Meeting Type
Regular
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other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the <br />Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the <br />Separation Event. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its <br />duties under this Agreement. <br />16.3 WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a <br />waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the <br />waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver <br />of that same right or power, or the waiver of any other right or power. <br />16.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or <br />unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect. <br />16.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an <br />independent contractor. The Parties and their personnel will not be considered to be employees or agents of the <br />other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make <br />commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint <br />venture, partnership or formal business organization of any kind. <br />16.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for <br />convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular <br />section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and <br />conditions and not for or against either Party. <br />16.7. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the <br />Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and <br />understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple <br />counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A <br />facsimile copy or computer image, such as a PDF or tiff image, or a signature shall be treated as and shall have <br />the same effect as an original signature. In addition, a true and correct facsimile copy or computer image of this <br />Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This <br />Agreement may be amended or modified only by a written instrument signed by authorized representatives of both <br />Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment or other <br />form will not be considered an amendment or moderation of this Agreement, even if a representative of each Party <br />signs that document. <br />16.8. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing <br />and either personally delivered or sent to the address shown below by certified mail, return receipt requested and <br />postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with <br />correct answerback received, and will be effective upon receipt: <br />Motorola Solutions, Inc. Customer <br />Attn Attn: <br />16.9. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and <br />local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer <br />will obtain and comply with all Federal Communications Commission ("FCC') licenses and authorizations required <br />for the installation, operation and use of the System before the scheduled installation of the Equipment. Although <br />Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its <br />employees is an agent or representative of Customer in FCC or other matters. <br />16.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary <br />approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; <br />the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this <br />Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the <br />Use ordMloame of this proposal is subject Customer Name Long <br />M the restrictions on the sadkm cover page. <br />310 Table of Contents Motorola Solutions Corklential Resirmted <br />F-9 Page 223 <br />
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