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` � i � <br /> Exhibit A <br /> claimed. PURCHASER's sole remedy is to request MOTOROLA at MOTOROLA's option <br /> to either refund the purchase price, repair or replace product(s)that are not as warranted. <br /> IN NO EVENT WILL MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF <br /> TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR <br /> OTHER INCIDENTAL OR CONSEG�UENTIAL DAMAGES TO THE FULL EXTENT SUCH <br /> MAY BE DISCLAIMED BY LAW. No action shall be brought for any breach of this <br /> contract more than one (1) year after the accrual of such cause of action except for <br /> money due upon an open account. <br /> Section 6 EXCUSABLE DELAYS <br /> A. Neither MOTOROLA nor the PURCHASER shall be responsible for delays or lack of <br /> performance resulting from acts beyond the reasonable control of the party or parties. <br /> Such acts shall include, but not be limited to, acts of God; fire; strikes; material <br /> shortages; compliance with laws or regulations; riots; acts of war; or any other <br /> conditions beyond the reasonable control of the party or parties. <br /> B. Delays as identified herein may cause an impact on the Period of Performance stated <br /> in the Agreement. Such delays will be subject to an Agreement addendum as <br /> described in Section 4. <br /> Section 7 DEFAULT <br /> A. If MOTOROLA is wholly responsible for failure to make delivery or complete <br /> installation under the agreement, the PURCHASER may consider MOTOROLA to be <br /> in default, unless such failure has been caused by the conditions set forth in Section <br /> 6 of these General Provisions. <br /> B. The PURCHASER shall give MOTOROLA written notice of such default and <br /> MOTOROLA shall have THIRTY (30) DAYS to provide a plan of action to cure said <br /> default. If MOTOROLA fails to cure said default, the PURCHASER may terminate <br /> any unfulfilled portion of this Agreement or complete the system through a third party. <br /> In the event the PURCHASER completes the system through a third party, <br /> MOTOROLA shall be responsible for an amount in excess of the Agreement price, <br /> not to exceed the value of the terminated portion, incurred by the PURCHASER in <br /> completing the system to a capability not exceeding that specified in the Agreement. <br /> IN THE EVENT OF DEFAULT, MOTOROLA SHALL NOT BE LIABLE FOR ANY <br /> INCIDENTAL, LIQUIDATED, SPECIAL OR CONSEQUENTIAL DAMAGES. <br /> Section S DELAYS BY PURCHASER <br /> If the PURCHASER is responsible for delays which cause the installation and acceptance <br /> of this system as defined in the Agreement, to be rescheduled beyond the Period of <br /> Pertormance set forth in the Agreement, the PURCHASER shall be liable for actual costs <br /> incurred by MOTOROLA resulting from these delays. Such charges may include, but are <br /> not limited to, additional Engineering; rescheduling charges; storage charges; <br /> maintenance charges; and transportation charges. The PURCHASER shall have the <br /> option to attempt to minimize actual costs incurred by storing and transporting equipment <br /> at its own expense. MOTOROLA reserves the right to modify payment terms in the event <br /> of such delays. <br /> Contract No. 95-10192/IL 2 11/1M95 <br />