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4 � <br /> * � <br /> Exhibit B <br />' 11.5 The terms and conditions of this License Agreement shali prevail notwithstanding any variance <br />, with the terms and conditions of any order submitted by Licensee. Notwithstanding the foregoing, <br /> when this License Agreement is specifically incorporated by direct reference as an exhibit into <br /> another written agreement that has been signed by both parties hereto and that includes terms <br />, that are directly inconsistent with terms included in Section 7 of this Agreement regarding the <br /> commencement or duration of warranty, or with terms included in Section 8.1 of this Agreement, <br /> then the directly inconsistent terms in the other written agreement shall prevail. <br /> 11.6 Motorola shall not be liable for any failure to perform due to causes beyond its reasonable control. <br /> 11.7 No waiver by a party of any breach of any provision of this License Agreement shall constitute a <br /> waiver of any other breach of that or any other provision of this License Agreement. <br /> 11.8 Licensee recognizes that applicable Federal Communications Act and other statutes, laws, <br /> ordinances, rules, and regulations may change from time to time and that accordingly Motorola in ' <br /> its sole discretion has the right without liability to modify this License Agreement to comply with <br /> such change. <br /> 11.9 In the event that any of the provisions contained in this License Agreement are held to be <br /> unenforceable,this License Agreement shall be construed without such provisions. <br /> 11.10 No action, regardless of form, arising out of the License Agreement may be brought by Licensee <br /> more than one (1)year after the cause of action has arisen. <br /> 11.11 Whenever, for the convenience of the Licensee, Motorola provides "Non-Motorola Software" to <br /> the Licensee, then such software is excluded from this License Agreement, and such software is <br /> provided subject to whatever conditions and restrictions may be imposed upon the Licensee by <br /> the third-party copyright owner of such software. <br /> ACCEPTED AN APPROVED AS OF , 1995 . <br /> MOTOROLA, C. CITY OF DECATUR <br /> (Licen <br /> By: � �.�� By: <br /> (authori ignature) (authorize si natur <br /> Name: o/►in� r� So� Name: Terry M. Howley <br /> Title: S��S ��� h���zf Title: Mayor <br /> Date: J�� Date: Ju ly 2 , 19 9 6 <br /> Address for Formal Notices: Address for Formal Notices: <br /> Motorola, Inc. City of Decatur <br /> LMPS Technical Assets Manager One Gary K.Anderson Plaza, Floor 2 <br /> Room 2305 Decatur, IL 60523 <br /> 1301 East Algonquin Road Attn: David S. Johnston <br /> Schaumburg, Illinois 60196 <br /> Contract No. 96• /ABP 10 6/3/96 <br />