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<br />MVROLA STANDARD SERVICE AGREEIII.....,;T <br /> <br />C. Neither party is liable for delays or lack of performance resulting from any causes such as <br />strikes, material shortages, or acts of God that are beyond that party's reasonable control. <br /> <br />Section 11 <br /> <br />LIMITATION OF LIABILITY <br /> <br />Notwithstanding any other provision, Motorola's total liability for losses, whether for breach of <br />contract, negligence, indemnity, warranty, or strict liability in tort, is limited to the price of twelve <br />months of Services sold. IN NO EVENT WILL MOTOROLA BE LIABLE FOR LOSS OF USE, <br />LOSS OF TIME, INCONVENIENCE, LIQUIDATED DAMAGES, COMMERCIAL LOSS, LOST <br />PROFITS OR SAVINGS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR <br />CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. <br /> <br />Section 12 <br /> <br />EXCLUSIVE TERMS AND CONDITIONS <br /> <br />A. Customer acknowledges that the Service Agreement supersedes all prior and concurrent <br />agreements and understandings, whether written or oral, related to the services performed. <br />The Service Agreement or Attachments may not be altered, amended, or modified except by <br />a written agreement signed by both parties. <br /> <br />B. Customer agrees to reference this Service Agreement on all purchase orders issued pursuant <br />to this Service Agreement. Neither party will be bound by any terms contained in Customer's <br />purchase order or elsewhere (even if it is attached to the Service Agreement). In the event of <br />a conflict between the main body of this Service Agreement and any Addenda or <br />Attachments, the main body of this Service Agreement will take precedence, unless the <br />Addendum or Attachment specifically states otherwise. <br /> <br />Section 13 <br /> <br />FCC LICENSES AND OTHER AUTHORIZATIONS <br /> <br />Customer is solely responsible for obtaining licenses or other authorizations required by the <br />Federal Communications Commission ("FCC ") or any other federal, state, or local government <br />agency and for complying with all rules and regulations required by such agencies. Neither <br />Motorola nor any of its employees is an agent or representative of Customer in any governmental <br />matters. <br /> <br />Section 14 <br /> <br />OWNERSHIP OF INTELLECTUAL PROPERTY <br /> <br />A. This Service Agreement does not grant directly or by implication, estoppel, or otherwise, any <br />ownership right or license under any Motorola patent, copyright, trade secret, or other <br />intellectual property including any intellectual property created as a result of or related to the <br />products sold or Services performed under this Service Agreement. <br /> <br />B. Motorola reserves the right to limit access to its confidential and proprietary information <br />including cost and pricing data. <br /> <br />Section 15 <br /> <br />GENERAL TERMS <br /> <br />A. If any court renders any portion of this Service Agreement unenforceable, the remaining <br />terms will continue in full force and effect. <br /> <br />B. THIS SERVICE AGREEMENT AND THE RIGHTS AND DUTIES OF THE PARTIES WILL BE <br />GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE <br />OF ILLINOIS. <br /> <br />C. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. <br /> <br />D. Except for money due upon an open account, no action may be brought for any breach of this <br />Service Agreement more than one (1) year after the accrual of such cause of action. <br /> <br />E. The Service Agreement will begin on the Start Date specified in the Attachments. This <br />Service Agreement will renew, for an additional one year term, on every anniversary of the <br /> <br />Contract No. 00-13069/BKP <br /> <br />Page 3 <br /> <br />Rev. 05/01/99 <br />