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North Olmsted, Ohio July 23, 2025
<br />MCC 7500E Dispatch Console Position Add On Project
<br />SERVICES, THE MOTOROLA PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO
<br />SUCH RECURRING SERVICES WILL NOT EXCEED THE TOTAL FEES PAID FOR THE APPLICABLE
<br />PRODUCT DURING THE CONSECUTIVE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE
<br />EVENT FROM WHICH THE FIRST CLAIM AROSE. EXCEPT FOR PERSONAL INJURY OR DEATH, THE
<br />MOTOROLA PARTIES WILL NOT BE LIABLE IN CONNECTION WITH THIS AGREEMENT (WHETHER
<br />UNDER MOTOROLA'S INDEMNITY OBLIGATIONS, A CAUSE OF ACTION FOR BREACH OF CONTRACT,
<br />UNDER TORT THEORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
<br />PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR REVENUES, EVEN
<br />IF MOTOROLA HAS BEEN ADVISED BY CUSTOMER OR ANY THIRD PARTY OF THE POSSIBILITY OF
<br />SUCH DAMAGES OR LOSSES AND WHETHER OR NOT SUCH DAMAGES OR LOSSES ARE
<br />FORESEEABLE.
<br />9.2. EXCLUSIONS FROM LIABILITY,. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,
<br />MOTOROLA WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A) CUSTOMER DATA,
<br />INCLUDING ITS TRANSMISSION TO MOTOROLA, OR ANY OTHER DATA AVAILABLE THROUGH THE
<br />PRODUCTS; (B) CUSTOMER -PROVIDED EQUIPMENT OR SITES; NON-MOTOROLA MATERIALS; THIRD -
<br />PARTY EQUIPMENT, HARDWARE, SOFTWARE, DATA, OR CONTENT; OR UNKNOWN OR
<br />UNAUTHORIZED COMBINATION OF PRODUCTS AND SERVICES; (C) LOSS OF DATA, HACKING,
<br />RANSOMWARE, THIRD -PARTY ATTACKS OR DEMANDS; (D) MODIFICATION OF PRODUCTS NOT
<br />AUTHORIZED BY MOTOROLA; (E) RECOMMENDATIONS PROVIDED IN CONNECTION WITH THE
<br />PRODUCTS PROVIDED UNDER THIS AGREEMENT; (F) DATA RECOVERY SERVICES OR DATABASE
<br />MODIFICATIONS; OR (G) CUSTOMER'S OR ANY AUTHORIZED USER'S BREACH OF THIS AGREEMENT
<br />OR MISUSE OF THE PRODUCTS.
<br />IN ADDITION TO THE FOREGOING EXCLUSIONS FROM DAMAGES, AND NOTWITHSTANDING ANY
<br />PROVISION OF THE AGREEMENT TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A)
<br />INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; (B)
<br />DISRUPTION OF OR DAMAGE TO CUSTOMER'S OR THIRD PARTIES' SYSTEMS, EQUIPMENT, OR DATA,
<br />INCLUDING DENIAL OF ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION
<br />DETECTION SOFTWARE OR HARDWARE; (C) AVAILABILITY OR ACCURACY OF ANY DATA AVAILABLE
<br />THROUGH SOFTWARE -AS -A -SERVICE, OR INTERPRETATION, USE, OR MISUSE THEREOF; (D)
<br />TRACKING AND LOCATION -BASED SERVICES; OR (E) BETA SERVICES.
<br />9.3. Statute of Limitations. Customer may not bring any claims against a Motorola Party in connection with this
<br />Agreement or the Products and Services more than one (1) year after the date of accrual of the cause of action.
<br />10. Confidentiality.
<br />10.1. Confidential Information. Customer and Motorola agree that, subject to any applicable freedom of information
<br />or public records legislation, Motorola's Confidentialitv Terms apply to information shared between the Parties.
<br />11. Proprietary Rights; Data; Feedback.
<br />11.1. Motorola Materials. Customer acknowledges that Motorola may use or provide Customer with access to
<br />"Motorola Materials". Except when Motorola has expressly transferred title or other interest to Customer in
<br />writing, the Motorola Materials are the property of Motorola or its licensors, and Motorola or its licensors retain
<br />all right, title and interest in and to the Motorola Materials (including, all rights in patents, copyrights, trademarks,
<br />trade names, trade secrets, know-how, other intellectual property and proprietary rights, and all associated
<br />goodwill and moral rights).
<br />This Agreement does not grant to Customer any shared development rights in or to any Motorola Materials or
<br />other intellectual property, and Customer agrees to execute any documents and take any other actions
<br />reasonably requested by Motorola to effectuate the foregoing. Motorola and its licensors reserve all rights not
<br />expressly granted to Customer, and no rights, other than those expressly granted herein, are granted to
<br />Customer by implication, estoppel or otherwise. Customer will not modify, disassemble, reverse engineer,
<br />Contractual Documentation ® MOMROLA SOLUTIONS
<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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