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  2. Finance Committee - Agenda - 11/15/2018 - P36

Finance Committee - Agenda - 11/15/2018 - P36

By dnadmin on Mon, 11/07/2022 - 11:25
Document Date
Fri, 11/02/2018 - 13:25
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Thu, 11/15/2018 - 00:00
Page Number
36
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111520…

Service Terms and Conditions
Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement (‘Customer’) hereby agree as follows:

Saction 7. APPLICABILITY

These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola wiil provide to Customer
either (1) maintenance, support, or other services under a iMotorola Service Agreement, or (2) installation services under a
Motoroia Installation Agreement.

Section 2. DEFINITIONS AND INTERPRETATION

2.1. “Agreement” means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement ar
the Installation Agreement, as appticable; and any other attachments, all of which are incorporated herein by this reference.
In interpreting this Agreement and resolving any ambiguities, these iviaintenance Service Terras and Conditions take
precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or
aitachment states otherwise.

2.2. “Equipment” means the equipment that is specified in the attachments or is subsequently added tc this Agreement.

2.3. “Services” means those instalation, maintenance, support, training, and other services described in this Agreement.

Section 3. ACCEPTANCE

Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the
Agreement. This Agreemeni becomes binding only when accepted in writing oy Motorola. The term of this Agreement
begins on the “Start Date” indicated in this Agreement.

Section 4. SCOPE OF SERVICES

4.1. Motorola will provide the Services described in this Agreement or in a more detailed staternent of work or other
document attached to this Agreernent. At Customer's requesi, Victorola may also provide additional services at Motorola's
then-applicable rates for ihe services.

4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment
will be serviced at levels set forth in the manufaciurer's product manuals; and routine service procedures that are prescribed
by Motoroia will be followed.

4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial
Equipment, the additional equigment may be added to this Agreement and will be billed at the applicabie rates after the
warranty for that additional equipment expires.

4.4. All Equipment must de in good working order on the Start Date or when additional equipment is added io the
Agreement. Upon reasonable request by Motoroia, Customer will provide a compiete serial and model number list of the
Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of
service. Customer's obligation to pay Service fees for this Equipment will terminate ai the end of the month in which
Motoroia receives the written notice,

4.5. Customer musi specifically identify any Equioment that is labeled intrinsically safe far use in hazardous
environments.

4.6. If Equipmeni cannot, in Motosola’s reasonable opinion, be properly or economically serviced for any reason, iVotorola
may modify the scope of Services related to that Equipment; remove that Equipment from the Agreemeni; o7 increase the
price to Service that Equipment.

4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in
@ manner consistent with the level of Service purchased as indicated in this
Agreement.

Section 5. EXCLUDED SERVICES
5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other
than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards;

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Finance Committee - Agenda - 11/15/2018 - P36

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