Work.
3.2.7 In addition to the description of the SUA services and exclusions provided in the SUA Statement of
Work, the following apply:
a) Upon reasonable request by Motorola, Customer will provide a complete serial and model
number list of the Equipment.
b) SUA services exclude 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; excessive wear and tear; or accident,
liquids, power surges, neglect, acts of God or other force majeure events.
c) Unless specifically included in this Addendum or the SUA Statement of Work, SUA services
exclude items that are consumed in the normal operation of the Equipment; accessories; and
repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower
lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission
medium, such as telephone lines, computer networks, the internet or the worldwide web, or for
Equipment malfunction caused by the transmission medium.
d) Customer will provide Motorola with designated points of contact (list of names and phone
numbers) that will be available during the performance of the SUA services.
3.2.8 The SUA annualized price is based on the fulfillment of the two year cycle. If Customer terminates
this service during a two year cycle, except for Motorola’s default, then Customer will be required to pay for the
balance of payments owed for the two year cycle if a major system release has been implemented before the
point of termination.
3.2.9 SUA INFLATION ADJUSTMENT. For multi-year agreements, at the end of the first year of the
Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S.
Department of Labor, Consumer Price Index, ali Items, Unadjusted Urban Areas (CPI-U). Should the annual
inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase all
future maintenance prices by the CP! increase amount exceeding 3%. All items, not seasonally adjusted shall
be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average
for the new year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the
CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base).
4. ENTIRE AGREEMENT. This Addendum, any related attachments, and the Agreement, constitutes the
entire agreement of the Parties regarding the subject matter of this Addendum and supersedes all previous
agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This
Addendum may be amended or modified only by a written instrument signed by authorized representatives of
both Parties. The preprinted terms and conditions found on any Customer purchase or purchase order,
acknowledgment or other form will not be considered an amendment or modification of this Addendum, even if a
representative of each Party signs that document.
END
