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percentage of total System users, as a result of System upgrades or the installation of new <br /> technology to maintain the System's integrity. <br /> 5. This agreement does not cover the use of the City of Decatur's Emergency Back-up <br /> System. <br /> 6. The City reserves the right to deny any radio or radios operated by the Department <br /> access to the System at any time if the use thereof by the Department in any way hampers the <br /> operation or security of the System or the use thereof by other agencies or is in violation of this <br /> agreement or any FCC regulations. Said access can be denied without prior waniing; however, <br /> the City agrees to provide a statement in writing within ten (10) business days as to what access <br /> was removed or denied and the basis for such action to the chief executive officer of the affected <br /> agency. In such case, the Department shall reimburse the City for all costs incurred in removing <br /> such radio or radios from the System, including but not iimited to fees ciiarged �iy in4e�;en��nt <br /> contractors and wages paid to City employees for time spent removing said radio or radios. <br /> 7. The software keys necessary to access the System shall remain the property of the <br /> City, and use of said keys by any persons, firms or corporations working on behalf of the <br /> Department, whether to service radios or otherwise, must be approved by the City. <br /> 8. (a) Every radio of the Department using the System shall have a unique electronic <br /> code number("PVT Number") created and assigned by the City. <br /> (b) The Department shall supply the City with the following information on every <br /> radio authorized for access to the System: type of radio, model number, serial number and <br /> "PVT number". <br /> 9. Access to the System shall only be authorized for radios that match the configuration <br /> of the System, and all such radios shall have the ability to inhibit a radio by use of System <br /> software. Existing radios may be programmed into the System that do not meet the tenns of this <br /> paragraph at the time of the signing of this agreement; however, any additional radios <br /> programmed after the approval of this agreement shall comply with the terms of this paragraph. <br /> 10. If the Department receives written approval to access the talk group of any other user I <br /> of the System and that approval is subsequently withdrawn, in writing, the Department shall ' <br /> remove its radios therefrom at its expense within thirty (30) days of receipt of written notice. <br /> 11. THE CITY DOES NOT WARRANT OR GUARANTEE THE USABILITY OR <br /> SERVICEABILITY OF THE SYSTEM FOR ANY PURPOSE, AND THE DEPARTMENT <br /> EXPRESSLY ACKNOWLEDGES THAT NO RADIO SYSTEM CAN OR WILL TRANSMIT <br /> OR RECEIVE SIGNALS FROM EVERY LOCATION IN A GEOGRAPHICAL AREA. <br /> 12. The Department hereby indemnifies and holds harmless the City and its Mayor and <br /> Council members, officers, employees and agents, in both individual and official capacities, from <br /> all claims for property damage, bodily injury or death resulting from or arising out of the use of <br />