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MOTOROLA
SOLUTIONS
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deficiencies or non-conformities with the requirements of this Section. This Agreement is predicated upon normal
soil conditions as defined by the version of E.|.A. standard RS-222 in effect on the Effective Date.
6.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are
no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site
differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the
conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If
change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to
perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order.
Section? TRAINING
Any training to be provided by Motorola to Customer will be described in the Statement of Work. Customer will notify
Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional
costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date,
Motorola may recover these additional costs.
Section8 SYSTEM ACCEPTANCE
8.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice
before the Acceptance Tests commence, System testing will occur only in accordance with the Acceptance Test
Plan.
8.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests.
Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance
Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System,
acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests
for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or
phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to
Motorola a written notice that includes the specific details of the failure. lf Customer does not provide to Motorola a
failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to
have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not
materially impair the operation of the System as a whole will not postpone System Acceptance cr Subsystem
acceptance, but will be corrected according to a mutually agreed schedule.
8.3. BENEFICIAL USE. Customer acknowledges that Motorola's ability to perform its implementation and testing
responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore,
Customer will not commence Beneficial Use before System Acceptance without Motorola's prior written
authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance
deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer
assumes responsibility for the use and operation of the System.
8.4 FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all
deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly
memorialize this final event by so indicating on the System Acceptance Certificate.
Section3 REPRESENTATIONS AND WARRANTIES
9.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the
Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this
System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that
are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the
POPPE POTEET EER ROR OTE REET EET ET EAR Rae ee PAPEETE PEER EET OTERO EEE
Use or disclosure of this proposal is subject
to the restrictions on the disclosure page.
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