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  2. Finance Committee - Agenda - 6/6/2018 - P71

Finance Committee - Agenda - 6/6/2018 - P71

By dnadmin on Mon, 11/07/2022 - 11:36
Document Date
Wed, 06/06/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/06/2018 - 00:00
Page Number
71
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060620…

3/15/2018

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MOTOROLA
SOLUTIONS

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System or for reasons or parties beyond Motorola's control, such as natural causes; the construction of a building
that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at
System sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration
outside the Specifications.

9.2. EQUIPMENT WARRANTY. During the Warranty Period, Motoroia warrants that the Equipment under normai use
and service will be free from material defects in materials and workmanship. If System Acceptance is delayed
beyond six (6) months after shipment of the Equipment by events or causes within Customer's control, this warranty
expires eighteen (18) months after the shipment of the Equipment

9.3. Motorola Software Warranty. Unless otherwise stated in the Software License Agreement, during the Warranty
Period, Motorola warrants the Motorola Software in a¢cordance with the terms of the Software License Agreement
and the provisions of this Section 9 that are applicable to the Motorola Software. If System Acceptance is delayed
beyond six (6) months after shipment of the Motorola Software by events or causes within Customer's control, this
warranty expires eighteen (18) months after the shipment of the Motorola Software. TO THE EXTENT, IF ANY, THAT
THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A
PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT
AGREEMENT SUPERCEDES THIS SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH
PRODUCT.

9.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These warranties do not apply to: (i)
defects or damage resulting from: use of the Equipment or Motorola Software in other than its normal, customary,
and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair,
installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer's
failure to comply with all applicable industry and OSHA standards; {ii} breakage of or damage to antennas unless
caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or
made illegible; {iv) batteries (because they carry their own separate limited warranty) or consumables; (v} freight
costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that
does not affect the operation of the Equipment; and (vii) normal or customary wear and tear.

9.5. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before
the expiration of the Warranty Period. Upon receipt of this netice, Motorola will investigate the warranty claim. If this
investigation confirms a valid warranty claim, Motorola will (at its option and at no additional charge to Customer)
repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the
price of the defective Equipment or Motorola Software. That action will be the full extent of Motorola's liability for
the warranty claim. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer
for responding to the claim on a time and materials basis using Moterola's then current labor rates. Repaired or
replaced product is warranted for the balance of the original applicable warranty pericd. All replaced products or
parts will become the property of Motorola.

9.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original
user purchasing the System for commercial, industrial, or governmental use only, and are not assignable or
transferable.

9.7. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE
EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL
OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Section 10 DELAYS

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Use or disclosure of this proposal is subject
to the restrictions on the disclosure page.

Page 36

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Finance Committee - Agenda - 6/6/2018 - P71

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