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• �...�-. �� <br /> <�. 4 <br /> r � <br /> Purchase of Digital Radio Communications Hardware and Services <br /> Terms and Conditions of Sale <br /> THIS PLTRCHASE AGREEMENT is made as of the 24th day of.Tanuar� , 19�Z�between <br /> DATARADIO Corporation("DATARADIO"),with an office at 6160 Peachtree Dunwoody Road,Suite C-200, <br /> Atlanta,Georgia 30328 and the City of Decatur,#1 Gary K.Anderson Plaza,Decatur,Dlinois 62523-1196. <br /> tNHEREA�: <br /> A. DAT�.D�o can provide digital radio communications systems hardware("Products")and <br /> Services;and <br /> B. DATAxAD�o has agreed to sell its Products and Services to the Customer on the terms and <br /> conditions set out in this Agreement. _ <br /> THIS AGREEMENT WITNESSFS that in consideration of the premises and the obligations of the parties <br /> set out in this Agreement,the parties agree as follows: <br /> 1. Definitions <br /> As used in this Agreement,unless the context otherwise requires,the following terms shall have <br /> the meanings set out below: <br /> (a) "Commercial Manner"means using the System for any purpose other than completion of <br /> Product installation and acceptance testing or,using the System to such an extent that the <br /> Customer cannot afford to have the System shut down for acceptance testing; <br /> (b) "Contract"means the agreement between DATARADIO and the Customer,as evidenced by <br /> the Contract Documents; <br /> (c) "Contract Documents"means those documents set forth in Subsection 3.2,which <br /> documents collectively and exclusively constitute the Contract; <br /> (d) "Contract Price"means the sum of$259,346.09, subject to adjustment as provided in this <br /> Agreement; <br /> (e) "Delivery Point"means Decatur,Illinois; <br /> (� "Documentation"means any documentation,including manuals,DATAR.qDIo is obligated <br /> to provide to the Customer,under this Agreement; <br /> (g) "F.O.B."means free on board the Delivery Point;the price quoted includes deliverv at the <br /> expense of DAT.�zA�io to the location indicated; <br /> (h) "Functional Specifications"means the functional specifications of the System as set out in <br /> DATARADIO's Product description documents; <br /> (I) "Hardware"means the System hardware to be supplied by D,aTAxa,Dto to the Customer <br /> under the terms of this Agreement; <br /> (j) "Hardware Service Agreement"means any written agreement entered into by the parties, <br /> with respect to service of hardware; <br /> g:\of5ce\melynde\agreemen\decatur <br />