R96-79 ACCEPTING THE PROPOSAL AND AUTHORIZING A CONTRACT

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� , ` � Exhibit A this warranty but are subject to the warranty provided by their manufacturers, a copy of which will be supplied to Purchaser on specific written request. C. Software WarrantX: The warranty for software, if any, shall be governed by the separate software license agreement set forth in Exhibit B. D. THE EXPRESS WARRANTIES CONTAINED IN THIS SECTION OF THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE SPECIFICALLY EXCLUDED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MOTOROLA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. E. In the event of a defect, malfunction or failure to conform to specifications established by MOTOROLA, or if appropriate, to specifications accepted by MOTOROLA in writing, during the period shown, MOTOROLA, at its option, will either repair or � replace the product or refund the purchase price thereof, and such action on the part of MOTOROLA shall be the full extent of MOTOROLA's liability hereunder. This warranty is void if: (a) the product is used in other than its normal and customary manner; ' (b) the product has been subject to misuse, accident, neglect or damage; I (c) unauthorized alterations or repairs have been made, or unapproved parts used in I the equipment. j F. This warranry extends only to individual products; batteries are excluded but carry I their own separate limited warranty. Because each radio system is unique, �I� MOTOROLA disclaims liability for range, coverage, or operation of the system as a whole under this warranty. Non-MOTOROLA manufactured products are excluded from this warranty, but subject to the warranty provided by their manufacturers, a copy of which will be supplied to the PURCHASER on specific written request. G. In order to obtain pertormance of this warranty, the PURCHASER must contact its MOTOROLA salesperson or MOTOROLA at the address first above shown attention Quality Assurance Department. Section 13 CONFIDENTIAL INFORMATION MOTOROLA proprietary computer programs will be released in accordance with the Software License provisions set forth elsewhere, if applicable. All other material and information of confidential nature marked MOTOROLA PROPRIETARY and CONFIDENTIAL will be released as necessary under the following conditions: (1) PURCHASER shall exercise reasonable and prudent measures to keep these items in confidence. (2) PURCHASER shall not disclose these items to third parties without prior written permission, unless MOTOROLA makes them public or PURCHASER learns them rightfully from sources independent of MOTOROLA, or it is required by law to be disclosed. (3) MOTOROLA, where necessary, retains the right to prescribe specific security measures for the PURCHASER to follow to maintain the confidentiality. Contract No. 96- /ABP 4 6/3/96