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R2002-78 AUTHORIZING RENEWAL AGREEMENT
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R2002-78 AUTHORIZING RENEWAL AGREEMENT
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1/19/2016 2:16:47 PM
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1/19/2016 2:16:46 PM
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Resolution/Ordinance
Res Ord Num
R2002-78
Res Ord Title
AUTHORIZING RENEWAL AGREEMENT WITH MOTOROLA, INC.
Approved Date
5/6/2002
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SecUon 16 OYVNERSHIP OF INTELLECTUAL PROPERTY <br /> This Agreement does not grant directly or by implication,estoppel,or otherwise,any ownership of right or license under any Motorola patent,copyright,trade <br /> secret,or other intellectual property created as a resuft of or related to the Equipment sold or Seovices performed unde�this Agreement <br /> Sectlon 17 COVENANT NOT TO EMPLOY <br /> During the tertn of this Agreement,and continuing for a period of two years thereaRer,Customer agrees not to hire,nor to engage on conUact,nor W solicR <br /> the empbyment of,nor W recommend to any third party of any Motorola empbyee or Motorola subconVactor with whom there is a contract during an <br /> assignment under this Agreement,without the prior,written author¢ation of Motorola. If,at any time,this provision is found to be overly broad under the <br /> laws of the applicable jurisdiction,this provision shall be modified as necessary to confortn to such laws rather than be stricken herefrom. <br /> Section 18 MATERUILS,TOOLS AND EQUIPMENT <br /> All tools,equipment,dies,gauges,models,drawings or other materials paid for or fumished by Motorola for the purpose of this Agreement will be and remain <br /> the sole property of Motorola. Customer will safeguard all such property while it is stili in Customers custody or control,be liable for any bss or damage to <br /> such property,and retum in to Motorola upon request Such properly wiA be held by Customer for Motorola's user without charge and may be removed <br /> from CusWmers premises by Motorola at any time witfiout restriction. <br /> Seedon 19 GENERAL TERMS <br /> 19.1. If any court renders any portion of fhis Agreement unenforceable,the remaining tertns will contlnue in full foree and effect. <br /> 19.2. This Agreement and the rights and duties of fhe parties will be govemed and interpreted in accordance with the laws of the State of Illinois. <br /> 19.3. Failure to exeraise any right will not operate as a waiver of that right,power,or privilege. <br /> 19.4. Neither party is liable for delays or lack of perfortnance from any causes such as sUikes,material shortages,or acts of God that are <br /> beyond that paAys reasonable control. <br /> 19.5. Except for money due upon an open account,no action may be brought for any breach of this Agreement more that one(1)year after the <br /> accrual of such cause of action. <br /> 19.6. THIS AGREEMENT WILL RENEW,FOR AN ADDITIONAL ONE YEAR TERM,ON EVERY ANNIVERSARY OF THE START DATE UNLESS <br /> EITHER PARTY NOTIFIES THE OTHER OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAT THIRTY(30)DAYS OF THAT ANNIVERSARY <br /> DATE. <br /> 19.7. If Motorola provides Services after the tertnination or expiration of this Agreement,the terms and conditions and any prices in effect at that <br /> time of the tertnination or expiration wili apply to those Services. <br /> iSolutions Service Agreement Page 3 of 3 01/02 <br />
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