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ISolutlons Service/lgresment
<br /> This Solutions service agreement is entered into by and between Motorola,Inc.('Motorola')and the customer named in this Agreement("CusWme�').
<br /> Section 1 DEFINfTIONS
<br /> "ApreemenY means this iSolutions Service Apreement and its Attachments,'rf any,which are altached hereto and incorporated herein by this reference.
<br /> 'EquipmenC means the cammunicadon equipment that is specified in the Attachments or that is subsequently added to this Agreement "Service(s)'means
<br /> those installation,maintenance,reDair,support,traininp,and other services referred to both herein and in the Attachments.
<br /> Section 2 ACCEPTANCE
<br /> Customer aQrees to accept the tertns of this Agreement and to pay the prices set forth herein. The tertns and conditions set forth in this Apreement and in the
<br /> Attachments will become binding only when accepted in writing by Motorola. The tertn of this Apreement will commence on the date specified in this
<br /> Apreement,includinq any Attachments("Start Date').
<br /> Sectlon 3 SCOPE OF SERVICES
<br /> 3.1. Motorola will provide the Services generally described in this Agreement Certain Services may reQuire more particular description or
<br /> definition,or may reduire defailed StatemenUs)of Work. If particular descriptions or detailed Sfatemenqs)of Work are required,and are therefore attached
<br /> to this Agreement,MoWrola and Customer hereby apree to be bound by any additianal terms included in those Attachments,which are fully incorporated in
<br /> this Apreement as set foRh in Section 1.
<br /> 3.2. MoWrola may also provide additional services("Add'Rional Services")at Customers request Such Addi�onal Services will be billed at
<br /> Motorola's then-applicable rates for such services.
<br /> 3.3. If Motorola is Drovidinp Services for Equipment(I)Motorola parts or parts of equal quality will be used;(ii)the Equipment will be Serviced at
<br /> levels set forth in Motorola's product manuals;and,(iii)routine services procedures that are prescribed from time to time by Motorola for its products will be
<br /> folbwed.
<br /> 3.4. All Equipment purchased by Customer from Motorola that is or becomes part of the same communications svstem as the Equipment covered
<br /> under this Agreement("Additional EquipmenY)will be automaticalN added to this AAreement and will be billed at the appiicable rates after the warranty period
<br /> has expired.
<br /> 3.5. All Equipment must be in pood working order on the Start Date or at the time the Equipment is added to this Apreement. Customer must provide
<br /> a comD�ete serial and model number list either prior to the StaR Date or prior to the time the Equipment is added to the Apreement.
<br /> 3.6. Customer must specificalry identify any EQuipment that is labeled inUinsically safe for use in hazardous environments.
<br /> 3.7. Customer must promptly notiFy Motorola in writinp when any Equipment is bst,damaped,stolen,or taken out of service. Customers obligation
<br /> to pay Service fees for such Equipment will tertninate at the end of the month in which Motorola receives such written notice.
<br /> 3.8. If Equipment cannot,in Motorola's opinion,be properly or economically serviced for any reason including excessive wear,unavailability of
<br /> parts,the state of technobpy,or the practical feasibility of the scope of Services as specified in this Agreement,Motorola may:(I)modify the scope of
<br /> Services related to such Equipment;(ii)remove such Equipment from the Apreement;or(iii)increase the price to Services such Equipment
<br /> 3.9. CusWmer must promptty notify Motorola directly of any Equipment failure. Motorola will respond to Customers notification i�a manner
<br /> consistent with the level of Service purchased as indicated in this Agreement.
<br /> Section 4 EXCLUDED SERVICES
<br /> 4.1. Service does not include repair or replacement of Equipment that has become defective or damaped due to physical or chemical misuse or
<br /> abuse from causes such as li�htning,power surpes,or liquids.
<br /> 4.2. Unless specifically included in this Apreement,Service does not include repair or maintenance of any Uansmission line,antenna,tower or
<br /> tower liqhting,duplexer,combiner,or multicoupler. Motorola has no obli�ation or responsibiiity for any transmission medium,such as telephone lines,
<br /> computer networfcs,the intemet or fhe worldwide web,or for Equipment malfunction caused by such transmission medium.
<br /> 4.3. Unless specifically included in this Agreement,Service does not include items that are consumed in the course of normal operation of the
<br /> Equipment,such as,but not limited to,batteries,magnetic tapes,etc.
<br /> 4.4. Unless specificalty set forth in this Apreement,Service dces not include upprading or reproq2mminp of Equipment;accessories,belt clips,
<br /> battery charpers,custom or Special Products,modified units,or software.
<br /> 4.5. Service dces not include certification programs,soHware support,repropramming of Software or modification to Equipme�t related to
<br /> assuring the correct processinq,providing,or receiving date data from,into,or between the year 1999 and the year 2000.
<br /> Section 5 RIGHT TO SUBCONTRACTIASSIGNMENT
<br /> Motorola may assipn its riphts and obli�ations under this Apreement and may subcontract any portion of Motorola's perfortnance called for by this
<br /> Agreement
<br /> Section 6 TIME AND PLACE OF SERVICE
<br /> Service will be provided at fhe location specified in this Agreement W hen Motorola performs service at Customers bcatbn,Customer agrees to provide
<br /> Motorola,at no charge,a non-hazardous work environment with shelter,heat,li�ht,and power wifh full and free access to the Equipment Waivers of
<br /> Iiabiiity from MoWrola and/or its subcontractors will not be imposed as a site access requirement Customer will provide all infortnation pertaining to the
<br /> hardware and soflware elements of any system with which the Equipment is interfacinp that enable Motorola to perfortn its obli�ations under this
<br /> Agreement Unless othervvise specified in this Apreement,the hours of Service will be hours of 8:30a.m.to 430D•m.,excludinp weekends and holidays.
<br /> iSolutions Service Agreement Page 1 of 3 '� 01/02
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