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6. TERMS AND CONDITIONS 6.1 COMMUNICATIONS SYSTEM AGREEMENT Motorola, Inc., a Delaware corporation ("Motorola"), and the City ,of Santa An ("Customer") enter into this Communications System Agreement (the "Agreement"), effective as of the last date signed below (the "Effective Date"), pursuant to which Customer will purchase and Motorola will provide Customer with a Communications System. 6.1.1 Section 1 Exhibits The Exhibits below are hereby incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement will take precedence over the Exhibits and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below, except that any maintenance services which Motorola may provide will be governed solely by the terms of the Service Agreement (Exhibit Q. Exhibit A Motorola software license agreement ("Software License Agreement") Exhibit B Motorola system description ("System Description"), acceptance test plan ("Acceptance Test Plan" or "ATP"), equipment list ("Equipment List"), and statement of work ("Statement of Work'), dated 2/18/98 Exhibit C Motorola service agreement ("Service Agreement") Exhibit D Clarifications to Motorola Proposal 98-13877/13I0 ("Clarifications") 6.1.2 Section 2 Definitions Capitalized terms used in this Agreement and not otherwise defined within the Agreement have the following meanings: "Communications System" or "System" is the communications system described in Exhibit B, including the Equipment and Software described in the System Description, Statement of Work, Acceptance Test Plan and Equipment List. "Equipment" is the equipment specified in the Equipment List included in Exhibit B. "Motorola Software" is software whose copyright is owned by Motorola. ®AWYOROL.A Confidential and Proprietary 6 ❖ l