R2008-94 ACCEPTING PROPOSAL AND AUTHORIZING USER AGREEMENT, SYSTEM MANAGEMENT AGREEMENT & COMMUNICATIONS SYSTEM AGREEMENT

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LOSSES OR DAMAGES IN EITHER CONTRACT WARRANTY, INDEMNIFICATION, NEGLIGENCE, OR STRICT LIABILITY 1N TORT, OR OTHERWISE. 13.7 USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT WILL LICENSEES HAVE ANY LIABILITY TO USER UNDER THIS USER AGREEMENT FOR LOSSES OR DAMAGES OF ANY KIND RELATED TO SERVICES PERFORMED HEREUNDER, INCLUDING � WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, LOSSES OR DAMAGES IN EITHER CONTRACT WARRANTY, INDEMNIFICATION, NEGLIGENCE, OR _ I STRtCT LIABILITY IN TORT, OR OTHERWISE. 13.8 NOTWITHSTANDiNG ANYTHING HEREIN TO THE CONTRARY, ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSfBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT NEITHER MOTOROLA, NOR LICENSEES WILL BE LIABLE FOR ANY ' COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOODWILL, REVENUES, SAVINGS, OR PROFITS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS USER AGREEMENT, THE EQUIPMENT, OR THE PERFORMANCE OF SERVICES PURSUANT TO THIS USER AGREEMENT. 13.9 No action for contract breach or otherwise relating to the transactions contemplated by this User Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. 13.10 User does not waive any of its protection under the Local Government and Governmental Tort Immunity Act. 14. NOTICES Any notice or demand required or permitted to be given or made hereunder shall be given or made by certified or registered mail to the addresses shown immediately below the signature of the parties' signatory to this User Agreement. 15. WAIVER Failure or delay on the part of any party to exercise any right, remedy, power or privilege hereunder shall not operate as a waiver thereof. A waiver, to be effective, must be in writing and signed by the party making the waiver. A written waiver of a default shall not operate as a waiver of any other default or of the same type default on a future occasion. 16. GENERAL In the event of a conflict between the obligations of Motorola to User under this User Agreement and the obligations of Motorola to the State under the Master Contract, the obligations of Motorola to the State will take precedence over those to User hereunder. No modification or amendment of this User Agreement, including any attachments hereto, shall be valid unless made in writing and signed by the parties hereto. This User Agreement constitutes the entire agreement of the parties related to the subject matter hereof and shall supersede all prior offers, proposals, negotiations and agreements, except where incorporated into or referenced by this User Agreement. If any provision of this User Agreement or the 01.03.07 ']