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North Olmsted, Ohio
<br />MCC 7500E Dispatch Console Position Add On Project
<br />July 23, 2025
<br />7.6. Motorola Warranties - Equipment. Subject to the disclaimers and exclusions set forth below, (a) for a period of
<br />�. one (1) year commencing upon the delivery of Motorola -manufactured Equipment under Section 5.7 —
<br />Delivery, Title and Risk of Loss, Motorola represents and warrants that such Motorola -manufactured
<br />Equipment, under normal use, will be free from material defects in materials and workmanship; and (b) the
<br />warranties applicable to Motorola -manufactured Equipment set forth in herein shall be applicable to all radio
<br />Equipment purchased hereunder whether or not such Equipment was manufactured by Motorola.
<br />7.7. Warranty Claims; Remedies. To assert a warranty claim, Customer must notify Motorola in writing of the claim
<br />prior to the expiration of any warranty period set forth in this Agreement. Unless a different remedy is otherwise
<br />expressly set forth herein, upon receipt of such claim, Motorola will investigate the claim and use commercially
<br />reasonable efforts to repair or replace any confirmed materially non -conforming Product or re -perform any non-
<br />conforming Service, at its option. Such remedies are Customer's sole and exclusive remedies for Motorola's
<br />breach of a warranty. Motorola's warranties are extended by Motorola to Customer only, and are not assignable
<br />or transferable.
<br />7.8. Pass -Through Warranties. Notwithstanding any provision of this Agreement to the contrary, Motorola will have
<br />no liability for third -party software or hardware provided by Motorola; provided, however, that to the extent
<br />offered by third -party providers of software or hardware and to the extent permitted by law, Motorola will pass
<br />through express warranties provided by such third parties.
<br />7.9. WARRANTY DISCLAIMER. EXCEPT FOR THE EXPRESS AND PASS THROUGH WARRANTIES IN THIS
<br />AGREEMENT, PRODUCTS AND SERVICES PURCHASED HEREUNDER ARE PROVIDED "AS IS" AND
<br />WITH ALL FAULTS. WARRANTIES SET FORTH IN THE AGREEMENT ARE THE COMPLETE
<br />WARRANTIES FOR THE PRODUCTS AND SERVICES AND MOTOROLA DISCLAIMS ALL OTHER
<br />WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
<br />MERCHANTABILITY, NON -INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
<br />QUALITY. MOTOROLA DOES NOT REPRESENT OR WARRANT THAT USE OF THE PRODUCTS AND
<br />SERVICES WILL BE UNINTERRUPTED, ERROR -FREE, OR FREE OF SECURITY VULNERABILITIES, OR
<br />THATTHEY WILL MEET CUSTOMER'S PARTICULAR REQUIREMENTS.
<br />7.10. ADDITIONAL WARRANTY EXCLUSIONS. NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT TO
<br />THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) DEFECTS IN OR DAMAGE TO
<br />PRODUCTS RESULTING FROM USE OTHER THAN IN THE NORMAL AUTHORIZED MANNER, OR FROM
<br />ACCIDENT, LIQUIDS, OR NEGLECT; (B) TESTING, MAINTENANCE, REPAIR, INSTALLATION, OR
<br />MODIFICATION BY PARTIES OTHER THAN MOTOROLA; (C) CUSTOMER'S OR ANY AUTHORIZED
<br />USER'S FAILURE TO COMPLY WITH INDUSTRY AND OSHA OR OTHER LEGAL STANDARDS; (D)
<br />DAMAGE TO RADIO ANTENNAS, UNLESS CAUSED BY DEFECTS IN MATERIAL OR WORKMANSHIP; (E)
<br />EQUIPMENT WITH NO SERIAL NUMBER; (F) BATTERIES OR CONSUMABLES; (G) FREIGHT COSTS FOR
<br />SHIPMENT TO REPAIR DEPOTS; (H) COSMETIC DAMAGE THAT DOES NOT AFFECT OPERATION; (1)
<br />NORMAL WEAR AND TEAR; (J) ISSUES OR OBSOLESCENCE OF LICENSED SOFTWARE DUE TO
<br />CHANGES IN CUSTOMER OR AUTHORIZED USER REQUIREMENTS, EQUIPMENT, OR SYSTEMS; (K)
<br />TRACKING AND LOCATION -BASED SERVICES; OR (L) BETA SERVICES.
<br />8. Indemnification.
<br />8.1. General Indemnitv. Motorola will defend, indemnify, and hold Customer harmless from and against any and all
<br />damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from
<br />any actual third -party claim, demand, action, or proceeding ("Claim") for personal injury, death, or direct damage
<br />to tangible property to the extent caused by Motorola's negligence, gross negligence or willful misconduct while
<br />performing its duties under this Agreement, except to the extent the claim arises from Customer's negligence
<br />or willful misconduct. Motorola's duties under this Section 8.1 — General Indemnity are conditioned upon: (a)
<br />Customer promptly notifying Motorola in writing of the Claim; (b) Motorola having sole control of the defense of
<br />the suit and all negotiations for its settlement or compromise to the extent allowed by applicable law; and (c)
<br />Customer cooperating with Motorola and, if requested by Motorola, providing reasonable assistance in the
<br />defense of the Claim.
<br />Contractual Documentation ®MOTOROLASOLVRONS
<br />Use or disclosure of this proposal is subject to the restrictions on the cover page.
<br />Motorola Solutions Confidential Restricted
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