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2023-045 Ordinance
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2023-045 Ordinance
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Last modified
4/19/2023 3:18:25 PM
Creation date
4/19/2023 3:10:18 PM
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North Olmsted Legislation
Legislation Number
2023-045
Legislation Date
4/18/2023
Year
2023
Legislation Title
Motorola Communications Contract authorized by 2023-27
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Acceptance or Beneficial Use, and is for a period of ninety (90) days rather than one (1) year. <br />The ninety (90) day warranty for Lifecycle Management services is set forth in the Lifecycle <br />Management Statement of Work. <br />3.2.6 In addition to the description of the Lifecycle Management services and <br />exclusions provided in the Lifecycle Management Statement of Work, the following apply: <br />a) Upon reasonable request by Motorola, Customer will provide a complete <br />serial and model number list of the Equipment. <br />b) Lifecycle Management services exclude the repair or replacement of <br />Equipment that has become defective or damaged from use in other than the <br />normal, customary, intended, and authorized manner; use not in compliance <br />with applicable industry standards; excessive wear and tear; or accident, <br />liquids, power surges, neglect, acts of God or other force majeure events. <br />c) Unless specifically included in this Addendum or the Lifecycle Management <br />Statement of Work, Lifecycle Management services exclude items that are <br />consumed in the normal operation of the Equipment; accessories; and repair <br />or maintenance of any transmission line, antenna, microwave equipment, <br />lower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no <br />obligations for any transmission medium, such as telephone lines, computer <br />networks, the internal or the worldwide web, or for Equipment malfunction <br />caused by the transmission medium. <br />d) Customer will provide Motorola with designated points of contact (list of <br />names and phone numbers) that will be available during the performance of <br />the Lifecycle Management services. <br />3.2.7 The Lifecycle Management annualized price is based on the fulfillment of the two <br />year cycle. If Customer terminates this service during a two year cycle, except for Motorola's <br />default, then Customer will be required to pay for the balance of payments owed for the two <br />year cycle if a major system release has been implemented before the point of termination. <br />3.2.8 If Customer terminates this service and contractual commitment before the end <br />of the_ year term, for any reason other than Motorola's default, then the Customer will pay to <br />Motorola a termination fee equal to the discount applied to the last three years of service <br />payments related to the _ year commitment. <br />4. PAYMENT <br />4.1 Unless alternative payment terms are stated in this Agreement, Motorola will invoice <br />Customer in advance for each payment period. All other charges will be billed monthly, and the <br />Customer must pay each invoice in U.S. dollars within thirty (30) days of the invoice date. <br />Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and <br />Maintenance, Support and Ldec de Man a nenl Addardund to CSSAv11. 12.2020 <br />
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