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.i :~~~.. C' NO REQUIRED/WAIVED 'WORK MAY PROCEED CLERK OF COUNCIL DATE: J<3/- 00 C' Iv. '" THIS SERVICE AGREEMENT is entered into by and between Motorola, Inc. ("Motorola") and the . ~t /" customer named in this Agreement's Attachments ("Customer"). fI- d OJ C -0> D M<\..IROLA STANDARD SERVICE AGREEMV Section 1 DEFINITIONS "Service Agreemenf' means this Service Agreement and its Attachments; "Equipment" means, collectively and in part, the communication equipment that is specified in the Attachments or that is subsequently added to this Service Agreement. Section 2 ACCEPTANCE The terms and conditions set forth in this Service Agreement and in Attachments will become the Service Agreement only when acknowledged and accepted in writing by Motorola's Schaumburg, Illinois Service Department. Section 3 SERVICE DEFINED A. Motorola agrees to provide services for the Equipment as specified in the Attachments and in accordance with the following standards: (i) Motorola parts or parts of equal quality that are new or are warranted as "like new" will be used; (ii) the Equipment will be Serviced at levels set forth in Motorola's product manuals; and (iii) routine service procedures that are prescribed from time to time by Motorola for its products will be followed. B. All communication equipment purchased by Customer from Motorola ("Additional Equipment") that is part of the same communications system or of similar type as the Equipment covered under this Service Agreement will be automatically added to this Service Agreement and will be billed at the applicable rates after the warranty period has expired. Motorola may also provide additional services ("Above-Contract Services") at Customer's request that will be billed at Motorola's then applicable service rates. C. All Equipment must be in working order on the Start Date of the Service Agreement or at the time the Equipment is added to the Service Agreement. Customer must provide a complete serial number and model number list either prior to the Start Date or prior to the time that the Equipment is added to the Service Agreement and must indicate in the Attachments any Equipment that is labeled intrinsically safe for use in hazardous environments. D. Customer must immediately notify Motorola in writing when any Equipment is lost, damaged, or stolen. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. E. If Equipment cannot, in Motorola's opinion, be properly or economically serviced for any reason including excessive wear, unavailability of parts, the state of technology, or the practical feasibility of the scope of Services as specified in the Attachments or Motorola Statement of Work, Motorola may: (1) modify the scope of Services related to such Equipment; (2) remove such Equipment from Service Agreement; or (3) increase the price to Service such Equipment. F. Customer must notify Motorola or Motorola's Subcontractor immediately of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of service purchased as indicated in the Attachments. Section 4 EXCLUDED SERVICES A. Service does not include the repair or replacement of Equipment that has become defective or damaged due to physical or chemical misuse or abuse from causes such as lightning, power surges, or liquids. B. Unless specifically included in the Attachments, Service does not include repair or maintenance of any transmission line, antenna, tower or tower lighting, dupiexer, combiner, or multicoupler. Motorola has no obligation or responsibility for any transmission medium, such as telephone lines, computer networks, or the worldwide web, or for Equipment malfunction caused by such transmission medium. Contract No. 00-13069/BKP Page 1 Rev. 05/01/99