|
5. PAYMENT TERMS.
<br />(a.) Payment terms shall be net thirty (30) days from the date of invoice. All amounts past due over thirty
<br />(30) days shall accrue interest from their due date at the rate of one and one-half percent (1 -1 /2%) per month
<br />(or such lesser rate as may be the maximum permissible rate under applicable law).
<br />(b.) L3Harris may at any time hereafter revise the rates set forth in this Agreement by giving Ci Notice
<br />thereof not less than ninety (90) days prior to the rate change, provided that the revised rates are mutually
<br />agreed upon in writing. (
<br />c.) Any taxes related to Services pursuant to this Agreement shall be paid by Ci or Ci shall present an
<br />exemption certificate acceptable to the taxing authorities. Applicable taxes shall be billed as a separate item
<br />on the invoice, to the extent possible.
<br />6. TERM AND TERMINATION.
<br />(a.) The term of this Agreement shall begin on the Commencement Date of the Summary Page to which
<br />these Terms and Conditions are attached and shall continue for the period indicated on the Summary Page.
<br />(b.) In the event the Ci fails to make any overdue payments due to L3Harris under this Agreement within
<br />fifteen (15) days after receipt of Notice from L311arris, L311arris may at its option immediately thereafter
<br />terminate this Agreement. In the event of any other default under this Agreement, either Ci or L3Harris
<br />shall give the other party Notice describing the default and a thirty (30) day period to correct the default.
<br />This Agreement may then be immediately canceled if the default is not corrected prior to the end of the
<br />thirty (30) day period.
<br />(c.) L3Harris shall have the right to terminate this Agreement at any time by providing Ci thirty (30) day
<br />Notice.
<br />(d.) If MHarris provides Services after the termination or expiration date of this Agreement, the terms and
<br />conditions in effect at the time of the termination or expiration date will apply to those Services and Ci
<br />agrees to pay for those Services on a time and material basis at Demand Services rates.
<br />7. SERVICES NOT COVERED.
<br />(a.) Services exclude the repair or replacement of Equipment that has become defective or damaged from
<br />use in other than the normal, customary, intended, and authorized manner, use not in compliance with
<br />applicable industry standards, excessive wear and tear, misuse, abuse, accident, environmental conditions,
<br />liquids, power surges, neglect, acts of God, acts or omissions or delays by Ci or third party, or other force
<br />majeure events.
<br />(b.) Unless specifically included in this Agreement, Services exclude accessory items, or items that are
<br />consumed in the normal operation of the Equipment such as batteries, UPS, belt attached objects such as
<br />clips or holsters, battery chargers, personal audio interfaces such as footswitches or ear pieces, headsets,
<br />keypads, fuses, knobs, lanyards, labels, custom or special products, upgrading or reprogramming
<br />Equipment, modified Equipment or software, tower or tower lighting, or repair or maintenance of any
<br />transmission path object for voice or data radios including antennas, dishes, masts, tower top amplifiers,
<br />transmission lines, tower services, climbs, or parts required to repair any equipment mounted on towers.
<br />L3Harris has no responsibilities for any transmission medium, such as telephone lines, computer networks,
<br />the internet or for Equipment malfunction caused by the transmission medium.
<br />(c.) Excluded are services, hardware, or software, to resolve Software or Equipment problems resulting
<br />from third party products or causes beyond L311ams' control or failure of Ci to perform Ci's responsibilities
<br />set out in this Agreement.
<br />(d.) Other exclusions may be defined in a SOW or other document attached to this Agreement.
<br />8. WARRANTY.
<br />ALL SERVICES PROVIDED HEREUNDER SHALL BE PERFORMED IN A WORKMAN LIKE
<br />MANNER. EXCEPT AS SPECIFIED IN THIS SECTION, MHARRIS HEREBY DISCLAIMS AND CI
<br />WAIVES ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES (WHETHER
<br />EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY
<br />33
<br />
|