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OF SUITABILITY, DURABILITY, MERCI-IANTABILITY, AND FITNESS FOR A PARTICULAR
<br />' PURPOSE.
<br /> 12. INTERRUPTION OF SERVICE; FORCE MAJEURE
<br /> Notwithstanding any other provision of this User Agreement, neither Motorola nor STARCOM21
<br /> Users shail be liable to User or any other person for any loss or damage, regardless of cause, for
<br /> interruption, delay, or loss of radio service except as described in Section l3 hereof. Motorola and/or
<br /> STARCOM21 Users do not assume and shall have no liability under this User Agreement for failure to
<br /> provide, interruption, or delay in providing service due directly or indirectly to causes beyond the control
<br /> of Motorola and/or STARCOM2] Users or their agents, employees or contractors, including without
<br /> limitation, matters listed in Sections 8 and 9 herein, results of the rebanding projects, acts of God, acts of
<br /> a pubiic enemy, acts or failures to act on the part of any third party, acts by civil or military authority,
<br /> governmental priorities, strikes or other labor disturbances; earthquakes, fires, floods, epidemics,
<br /> embargoes, war or riot. In the event of any failure or delay attributable to the fault of Motorola,
<br /> STARCOM21 Users or their agents, employees or contractors, User's sole remedy shall be limited as is
<br /> more fully described in Section l3 below.
<br /> 13. LIMITATIONS OF LIABILITY
<br /> 13.1 User acknowledges that the radio service provided hereunder uses radio channels to
<br /> transmit voice and data communications and that the service may not be completely private. Neither
<br /> Motorola, nor Licensees shall be liable to User for any claims, loss, damages or cost that may result from
<br /> lack of privacy on STARCOM21.
<br /> 13.2 Neither Motorola, nor STARCOM21 Users shall be liable for any damage, accident, injury
<br /> or the like occasioned by the use of the radio service or the presence of equipment, including 700 or 800
<br /> MHz radio handsets and other devices, facsimile units, and ancillary equipment of User and/or Motorola.
<br /> 13.3 Neither Motorola, nor STARCOM21 Users shall be liable for any defacement or damage to
<br /> User's motor vehicle(s) or any personal or real property resulting from the presence of 700 or 800 MHz
<br /> radio and ancillary equipment.
<br /> 13.4 NO INDEMNIFICATION SHALL BE PROVIDED HEREUNDER BY MOTOROLA
<br /> OR LICENSEES.
<br /> 13.5 EXCEPT FOR PERSONAL INJURY OR DEATH, MOTOROLA'S TOTAL
<br /> LIABILITY RELATED TO THE SERVICES PERFORMED HEREUNDER, WHETHER FOR
<br /> BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, OR
<br /> OTHERWISE, WILL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE UNDER LAW,
<br /> BUT NOT TO EXCEED THE PRICE OF THE USER FEES AND SERVICES 1DENTIFIED IN
<br /> ATTACHMENT A WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED
<br /> (UNLESS LIABILITY IS OTHERWISE DISCLAIMED HEREIN IN WHICH CASE, MOTOROLA
<br /> SHALL HAVE NO LIABILITY).
<br /> 13.6 USER ACI�NOWLEDGES AND AGREES THAT IN NO EVENT WILL
<br /> MOTOROLA, OR STARCOM21 USERS HAVE ANY LIABILITY TO USER UNDER THIS USER
<br /> AGREEMENT FOR LOSSES OR DAMAGES OF ANY KIND RELATED TO ANY EQUIPMENT,
<br /> INCLUDING WITHOUT LIMtTATION, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE,
<br /> ot.o3.o� 6
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