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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 <br />