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, , <br /> , L i <br /> warehousing facilities, or any combination thereof. It is agreed that this plan is <br /> acceptable to PURCHASER and that MOTOROLA will advise prior to shipment of ' <br /> actual destination and that PURCHASER will accept shipment, and make payment as <br /> required by this Agreement. <br /> D. It is also agreed that equipment shipping dates reflected in this agreement or in <br /> MOTOROLA proposals are estimates onfy, and that shipment may be made at any <br /> time prior to, or subsequent to these estimated shipping dates. <br /> Section 5 ACCEPTANCE CRITERIA <br /> A. MOTOROLA has included an Acceptance Test Plan (ATP)which has been agreed to <br /> by both parties either in writing prior to this Agreement or by execution of this <br /> Agreement and is a part of Exhibit C to this Agreement. The successful completion <br /> of the ATP will be the sole criterion for system acceptance. <br /> B. Should the PURCHASER commence use of the system or any sub-system thereof <br /> for their intended purposes, other than for the express purposes of training or testing, <br /> prior to system acceptance, final payment for said system or sub-system shall be due <br /> net thirty (30) days. The warranty or maintenance periods for such equipment put <br /> into use, unless warranty or maintenance has already begun, shall be deemed to <br /> have commenced concurrently with the use of the equipment for its intended <br /> purpose. The use of the equipment for its intended purpose shall be deemed to have <br /> occurred when the PURCHASER commences to use and rely primarily on the <br /> equipment for its communications. <br /> C. Upon notification by MOTOROLA that the system is available for acceptance testing, <br /> it is agreed that should the acceptance testing of the system or any subsystem <br /> thereof be delayed for reasons beyond MOTOROLA's control, that final payment for <br /> the subsystem or system shall become due net thirty (30) days and warranty or <br /> maintenance shall commence upon notice to PURCHASER by MOTOROLA. <br /> Section 6 PAYMENT SCHEDULE <br /> A. MOTOROLA agrees to sell all of the equipment and perform the services as outlined <br /> in the Scope of Work and in Exhibit C, and PURCHASER agrees to buy the <br /> aforementioned equipment and services for the sum of$176,105.00. <br /> B. The PURCHASER shall make payments to MOTOROLA as follows: <br /> (1) 20%of the total contract price shall be due upon execution of this Agreement. ' <br /> (2) 60%of the total contract price shall be due within thirty (30) days of shipment. <br /> - (3) 20% of the total contract price shall be due within thirty (30) days of system <br /> acceptance. <br /> C. In the event of failure or delay by the PURCHASER in providing sites, space, <br /> approvals, licenses, or any other PURCHASER obligations required preceding <br /> delivery of MOTOROLA equipment, it is agreed that MOTOROLA, at its sole <br /> Contract No. 95-10192/IL 3 11/14/95 <br />