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<br />iSolutions Service Agreement
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<br />This iSoIutions service aQreement is entered into by and between Motorola, Inc. ("Motorola") and the customer named in this AQreement ("Customer").
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<br />Section 1
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<br />DEFINITIONS
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<br />"AQreement" means this iSoIutions Service AQreement and ijs Attachments, ~ any, which are attached hereto and incorporated herein by this reference.
<br />"EQuipment" means the communication eQuipment that is specified in the Attachments or that is subseQuently added to this AQreement. "Service(s)" means
<br />tt...~& installation, m3int'mance, repair, support, trainirlll, and other services referred to both herein and in the Attachments.
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<br />S8<'!:Cil 2
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<br />ACCEPTANCE
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<br />Customer aQrees to accept the terms of this AQreement and to pay the prices set forth herein. The terms and condijions set forth in this AQreement and in the
<br />Attachments will become bindirlll only when accepted in wrijirlll by Motorola. The term of this AQreement wil commence on the date specified in this
<br />AQreement, includirlll any Attachments ("Start Date").
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<br />Section 3
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<br />SCOPE OF SERVICES
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<br />3.1. Motorola will provide the Services Qenerally described in this AQreement. Certain Services may reQuire more particular description or
<br />definijion, or may reQuire detaUed Statement(s) of Work. If particular descriptions or detailed Statement(s) of Work are reQuired, and are therefore attached
<br />to this AQreement, Motorola and Customer hereby aQree to be bound by any addijional terms included in those Attachments, which are fully incorporated in
<br />this AQreement as set forth in Section 1.
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<br />3.2. Motorola may also provide additional services ("Addijional Services") at Customer's reQuest. Such Additional Services will be billed at
<br />Motorola's then-applicable rates for such services.
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<br />3.3. If Motorola is providirlll Services for EQuipment: (I) Motorola parts or parts of equal Quality will be used; (ii) the EQuipment will be Serviced at
<br />levels set forth in Motorola's product manuals; and, (iii) routine services procedures that are prescribed from time to time by Motorola for its products will be
<br />followed.
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<br />3.4. All EQuipment purchased by Customer from Motorola that is or becomes part of the same communications system as the EQuipment covered
<br />under this AQreement ("Addijional EQuipment") will be automatically added to this AQreement and will be billed at the applicable rates after the warranty period
<br />has expired.
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<br />3.5. All EQuipment must be in Qoad workirlll order on the Start Date or at the time the EQuipment is added to this AQreement. Customer must provide
<br />a complete serial and model number list eijher prior to the Start Date or prior to the time the EQuipment is added to the AQreement.
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<br />3.6.
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<br />Customer must specifically identify any EQuipment that is labeled intrinsically safe for use in hazardous environments.
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<br />3.7. Customer must promptly notify Motorola in wrijirlll when any EQuipment is lost, damaQed, stolen, or taken out of service. Customer's obliQation
<br />to pay Service fees for such EQuipment will terminate at the end of the month in which Motorola receives such written notice.
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<br />3.8. If EQuipment cannot, in Motorola's opinion, be property or economically serviced for any reason includirlll excessive wear, unavailability of
<br />parts, the state of technolO!lY, or the practical feasibility of the scope of Services as specified in this AQreement, Motorola may: (I) modify the scope of
<br />Services related to such EQuipment; (ii) remove such EQuipment from the AQreement; or (iii) increase the price to Services such EQuipment.
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<br />3.9. Customer must promptly notify Motorola directly of any EQuipment failure. Motorola will reSpOnd to Customer's notifICation in a manner
<br />consistent wijh the level of Service purchased as indicated in this AIlreement.
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<br />Section 4
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<br />EXCLUDED SERVICES
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<br />4.1. Service does not include repair or replacement of EQuipment that has become defective or damaQed due to physical or chemical misuse or
<br />abuse from causes such as liQhtnirlll, pOWer surQes, or liQuids.
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<br />4.2. Unless specifically included in this AQreement, Service does not include repair or maintenance of any transmission line, antenna, tower or
<br />tower IiQhtinQ, duplexer, combiner, or multicoupler. Motorola has no obli!lation or reSpOnsibility for any transmission medium, such as telephone lines,
<br />computer networks, the internet or the wor1dwide web, or for EQuipment malfunction caused by such transmission medium.
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<br />4.3. Unless specifICally included in this AQreement, Service does not include items that are consumed in the course of normal operation of the
<br />EQuipment, such as, but not limited to, batteries, maQnetic tapes, etc.
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<br />4.4. Unless specifICally set forth in this AQreement, Service does not include uP!lradill!l or reprO!lramminQ of EQuipment; accessories, belt clips,
<br />battery charQers, custom or Special Products, modified unijs, or software.
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<br />4.5. Service does not include certification prO!lrams, software sUPpOrt, reprO!lramminQ of Software or modifICation to EQuipment related to
<br />assurill!l the correct processirlll, providirlll, or receivinQ date data from, into, or between the year 1999 and the year 2000.
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<br />Section 5
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<br />RIGHT TO SUBCONTRACT/ASSIGNMENT
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<br />Motorola may assi!ln ijs ri!lhls and obli!lations under this AQreement and may subcontract any portion of Motorola's performance called for by this
<br />AQreement.
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<br />Section 6
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<br />TIME AND PLACE OF SERVICE
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<br />Service will be provided at the location specified in this AQreement. When Motorola performs service at Customer's location, Customer aQrees to provide
<br />Motorola, at no charQe, a non-hazardous work environment with shelter, heat, Ii!lht, and pOWer with full and free access to the EQuipment. Waivers of
<br />liability from Motorola and/or ijs subcontractors will not be impOSed as a sije access reQuirement. Customer will provide all information oertainirlllto the
<br />hardware and software elements of any system with which the EQuipment is interfacirllllhat enable Motorola to perform ijs obliQations under this
<br />AQreement. Unless otherwise specified in this AQreement, the hours of Service will be hours of 8:30a.m. to 4:30p.m., excludirlll weekends and holidays.
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<br />Section 7
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<br />CONTACT
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<br />iSolutions Service Agreement
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