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MOTOROLA, INC. 2 - 2005
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MOTOROLA, INC. 2 - 2005
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Last modified
3/23/2017 2:37:19 PM
Creation date
9/8/2005 3:29:01 PM
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Contracts
Company Name
Motorola, Inc.
Contract #
A-2005-097
Agency
Police
Council Approval Date
5/2/2005
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Section 8. GENERAL TERMS AND CONDITIONS <br />8.1. Notices required under this Agreement to be given by one party to the other must be in <br />writing and either delivered in person or sent to the address shown below by certified mail, <br />return receipt requested and postage prepaid (or by a recognized courier service), or by facsimile <br />with correct answerback received, and shall be effective upon receipt. <br />Customer: <br />Attn: <br />Seller <br />Attn: Contracts & Compliance Manager <br />6000 Spine Road <br />Boulder, CO 80301 <br />Fax: 303 -527 -4226 <br />8.2. Neither party will be liable for its non - performance or delayed performance if caused by <br />an event, circumstance, or act of a third party that is beyond such party's reasonable control. <br />8.3. Failure or delay by either party to exercise any right or power under this Agreement will <br />not operate as a waiver of such right or power. For a waiver to be effective, it must be in writing <br />signed by the waiving party. An effective waiver of a right or power shall not be construed as <br />either a future or continuing waiver of that same right or power, or the waiver of any other right <br />or power. <br />8.4. Customer may not assign any of its rights under this Agreement without Motorola's prior <br />written consent. <br />8.5. This Agreement, including the exhibits, constitutes the entire agreement of the parties <br />regarding the covered maintenance and support services and supersedes all prior and concurrent <br />agreements and understandings, whether written or oral, related to the services performed. <br />Neither this Agreement nor the Exhibits may not be altered, amended, or modified except by a <br />written agreement signed by authorized representatives of both parties. Customer agrees to <br />reference this Agreement on all purchase orders issued in furtherance of this Agreement. <br />Neither party will be bound by any terms contained in Customer's purchase orders, <br />acknowledgements, or other writings (even if attached to this Agreement). <br />8.6. This Agreement will be governed by the laws of the United States to the extent that they <br />apply and otherwise by the laws of the State to which the Products are shipped if Licensee is a <br />sovereign government entity, or the laws of the State of Illinois if Licensee is not a sovereign <br />government entity. <br />Section 9. CERTIFICATION DISCLAIMER <br />Seller specifically disclaims all certifications regarding the manner in which Seller conducts its <br />business or performs its obligations under this Agreement, unless such certifications have been <br />expressly accepted and signed by an authorized signatory of Seller. <br />Section 10. COMPLIANCE WITH APPLICABLE LAWS <br />Exhibit D, ISD M &SA, ind.exhibits Page D - 10 May 2, 2005 <br />Motorola Contract No. 05.17505 <br />
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