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9. COVERAGE <br /> 9.l STARCOM21 coverage prediction is based on the knowledge of the propagation of radio <br /> signals and the ways in which they are attenuated as they travel through the atmosphere, over terrain, <br /> through trees, around buildings, and around various obstacles. Predicted coverage is dependent on many ' <br /> factors including the following: (1) transmitter power; (2) receiver sensitivity; (3) antenna gains; (4) 'i <br /> transmission line loss; (5) antenna height; (6) noise; (7) tree density; (8) buildings; (9) terrain variations; <br /> and (10) atmospheric conditions. Coverage is also dependent on user factors including: (1)antenna type �I <br /> and location; (2) radio programming; (3) battery condition of portables; (4) maintenance of the radio; and , <br /> (5)firmware version. <br /> 9.2 User acknowledges that one hundred percent (100%) coverage of any area at ail times is <br /> improbable. Testing and experience with actual field conditions indicate adverse propagation conditions, <br /> such as short-term unpredictable meteorological effects and sky wave interference from distant stations, <br /> can interrupt service at any time. Such events are beyond the reasonable control of Motorola and <br /> STARCOM21 Users. Other causes beyond the reasonable control of Motorola and STARCOM21 Users <br /> include but are not limited to motor i nition and other electrical noise that could be minimized b <br /> g Y <br /> corrective devices at User's expense. <br /> 10. DEFAULT AND REMEDIES <br /> ]0.] If(a) User fails to make any payment of any sum due or fails to perform as required by <br /> any other provision hereunder, and continues in such failure for fifteen (15) days after written notice has <br /> been sent by Motorola to User or (b) User defaults under a System Management Agreement or similar <br /> agreement whereby User contracts with Motorola for management services for User's FCC license(s) in <br /> conjunction with STARCOM2] and such default continues beyond any applicable cure period, then the <br /> User shall be deemed in default under this User Agreement. <br /> ]0.2 In the event of default by User hereunder, Motorola has the right, at its option, to <br /> immediately terminate this User Agreement, retain all payments made hereunder, deny User any service <br /> provided by STARCOM21, and impose a separate charge for disconnect and a separate charge for <br /> reconnect expenses, each in an amount reasonably determined by Motorola. If disconnect takes place, <br /> User may also be subjected to additional costs for reprogramming its equipment in an amount reasonably <br /> determined by Motorola and User agrees to immediately pay all such costs. Each and all of the rights and <br /> remedies of Motorola hereunder are cumulative to, and not in lieu of, each and every other such right and <br /> remedy and every other right and remedy afforded by law and equity. In the event that Motorola <br /> determines that it is necessary to exercise the rights above, then Motorola will provide User written notice <br /> of its intention to exercise such right and provide ninety (90) days notice prior to the exercise of such <br /> right. <br /> 11. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF REMEDIES <br /> WtTH RESPECT TO ANY EQUIPMENT WHICH MAY BE USED CONSISTENT WtTH <br /> THIS USER AGREEMENT TO ACCESS STARCOM21 OR ANY SERVICES PROVIDED <br /> HEREUNDER, MOTOROLA AND STARCOM21 USERS HEREBY DISCLAIM ALL <br /> REPRESENTATIONS AND WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, <br /> WRITTEN OR ORAL, IN CONNECTION WITH SUCH EQUIPMENT (WHETHER PURCHASED OR <br /> LEASED BY USER FROM MOTOROLA OR FROM A THIRD PARTY) AND SERVICES, <br /> INCLUDTNG BUT NOT LIMITED TO, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES <br /> 01.03.07 5 <br />