R95-162 ACCEPTING THE PROPOSAL AND AUTHORIZING A CONTRACT

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1 � ; ' � Exhibit A Section 9 LICENSES/AUTHORIZATION The PURCHASER is solely responsible for obtaining any licenses or other authorizations required by the Federal Communications Commission and for complying with FCC rules. Neither MOTOROLA nor any of its employees is an agent or representative of the PURCHASER in FCC matters or otherwise. MOTOROLA, however, may assist in the preparation of the license application at no charge to the PURCHASER. PURCHASER acknowledges that project implementation is predicated on receipt of proper FCC licensing. Section 10 INDEMNIFICATION MOTOROLA agrees to and hereby indemnifies and saves PURCHASER harmless from all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to, or recovered from the PURCHASER by reason of or on account of damage to the property of the PURCHASER or the property of, injury to, or death of any person, when such damage or injury is caused by MOTOROLA's sole negligence or that of its employees, subcontractors, or agents while on the premises of the PURCHASER during the delivery and installation of the communications equipment. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. Section 11 EGIUIPMENT COMPATIBILITY MOTOROLA agrees that the equipment, will perform in accordance with the specifications and representations stated in MOTOROLA's Proposal and Equipment List included in this Agreement. This Agreement does not extend to the performance of the equipment as a part of a larger system generally nor specifically to equipment in combination with products, elements or components not supplied by MOTOROLA. Section 12 WARRANTIES A. MOTOROLA represents and warrants that all products, software, and items delivered under this Agreement conform in design, materials and workmanship to the appropriate MOTOROLA Technical Specifications. MOTOROLA further warrants that their products, software, and other items will interact according to the specifications contained in Exhibits C and D. Successful completion of the ATP shall constitute full compliance with and fulfillment of this warranty. B. Hardware Warrantv. Motorola radio communications products are warranted to be free from defects in materials and workmanship for a period of one year. Parts will be replaced free of charge for the full warranty period and the labor to replace defective parts will be provided for 120 days from the date of acceptance. Thereafter, Purchaser must pay for the labor involved in repairing the product or replacing the _ parts at Motorola's then-current rates together with any transportation charges to or from the place where warranty service is provided. This express warranty is extended by Motorola only to the original Purchaser and only if Purchaser uses the System solely for commercial, industrial, or governmental purposes. This warranty extends only to individual products; batteries are excluded but carry their own separate limited warranty. Non-Motorola manufactured products are excluded from Contract No. 95-10192/IL 3 11/1M95