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9.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WAR NTIES. These <br /> warranties do not apply to: (i) defects or damage resulting from: use of the Equi ment or Motorola <br /> Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of <br /> God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not <br /> provided or authorized in writing by Motorola; Customer's failure to comply with all appy able industry and <br /> OSHA standards; (ii) breakage of or damage to antennas unless caused directly by de ects in material or <br /> workmanship; (iii) Equipment that has had the serial number removed or made ille ible; (iv) batteries <br /> (because they carry their own separate limited warranty) or consumables; (v) fre ght costs to ship <br /> Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment urfaces that does <br /> not affect the operation of the Equipment; and (vii) normal or customary wear and tear. <br /> 9.5. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Mo orola in writing of <br /> the claim before the expiration of the Warranty Period. Upon receipt of this no ice, Motorola will <br /> investigate the warranty claim. If this investigation confirms a valid warranty claim, otorola will (at its <br /> option and at no additional charge to Customer) repair the defective Equipment or otorola Software, <br /> replace it with the same or equivalent product, or refund the price of the defective Equi ment or Motorola <br /> Software. That action will be the full extent of Motorola's liability for the warra ty claim. If this <br /> investigation indicates the warranty claim is not valid, then Motorola may invoice Custo er for responding <br /> to the claim on a time and materials basis using Motorola's then current labor rates. Re aired or replaced <br /> product is warranted for the balance of the original applicable warranty period. All re laced products or <br /> parts will become the property of Motorola. <br /> 9.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by <br /> Motorola to the original user purchasing the System for commercial, industrial, or gove mental use only, <br /> and are not assignable or transferable. <br /> 9.7. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE HE COMPLETE <br /> WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVID UNDER THIS <br /> AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOR LA DISCLAIMS <br /> ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDI G THE IMPLIED <br /> WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPO E. <br /> Section 10 DELAYS <br /> 10.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delay d performance if <br /> caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will ignificantly delay <br /> performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers <br /> the Force Majeure. If a Force Majeure occurs, the Parties will execute a change or er to extend the <br /> Performance Schedule for a time period that is reasonable under the circumstances. <br /> 10.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Custo er (including its <br /> other contractors)delays the Performance Schedule, it will make the promised payment according to the <br /> Payment Schedule as if no delay occurred; and the Parties will execute a change or er to extend the <br /> Performance Schedule and, if requested, compensate Motorola for all reasonable harges incurred <br /> because of the delay. Delay charges may include costs incurred by Motorola or its s bcontractors for <br /> additional freight, warehousing and handling of Equipment; extension of the w rranties; travel; <br /> suspending and re-mobilizing the work; additional engineering, project management, nd standby time <br /> calculated at then current rates; and preparing and implementing an alternative impleme tation plan. <br /> Section 11 DISPUTES <br /> The Parties will use the following procedure to address any dispute arising under t is Agreement (a <br /> "Dispute"). <br /> 11.1. GOVERNING LAW. This Agreement will be governed by and construed in acc rdance with the <br /> laws of the State in which the System is installed. <br /> StarCom CSA_05.09.13.doc 7 <br /> Motorola Contract No. <br />