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SECTION 6 y , TERMS AND CONDITIONS <br />4. 10% of the total contract price will be invoiced immediately after <br />successful completion of acceptance testing. <br />B. Overdue invoices will bear interest at a rate of 10% simple interest per annum, <br />unless such rate exceeds the maximum allowed by law, in which case it shall be <br />reduced to the maximum allowable rate. <br />C. Customer hereby grants and Motorola reserves a purchase money security <br />interest in each product purchased hereunder and in any proceeds thereof, for <br />the amount of its purchase price. Upon request by Motorola, Customer agrees <br />to sign any document required to perfect such security interest. Payment in full <br />of the purchase price of any product purchased hereunder shall release the <br />security interest on that product. <br />D. If the total contract price does not include freight charges, all freight charges <br />will be pre -paid by Motorola and added to the invoices, <br />6.1.6 Section 6 Installation and Site Conditions <br />A. In addition to its responsibilities described in the Statement of Work, Customer <br />agrees to provide a designated project director, procure any necessary <br />construction permits, building permits, zoning variances and the like, provide <br />access to the sites identified in the Exhibits as requested by Motorola, and have <br />such sites available for installation of the Equipment by Motorola in accordance <br />with the performance schedule and Statement of Work. <br />B. If either Motorola or Customer determines during the course of performance of <br />this Agreement that the sites identified in the Exhibits are no longer available or <br />desired, or, if subsurface, structural, adverse environmental or latent conditions <br />at any site differ from those indicated on the specifications in the Exhibits, <br />Motorola and Customer will promptly investigate the conditions and jointly <br />select replacement sites or adjust the installation plans and specifications as <br />necessary. <br />C. If Customer and Motorola determine that any change in sites, site availability, <br />installation plans or specifications will require an adjustment in the contract <br />price or in the time required for the performance of this Agreement, the parties <br />will agree to an equitable adjustment in the price or performance schedule, or <br />both, and this Agreement wilt be modified in accordance with Section 3,B of <br />this Agreement. <br />D. This Agreement is predicated upon normal soil conditions as defined by the <br />version of E.T.A. standard RS-222 in effect on the Effective Date of this <br />Agreement. <br />(NMO7OROLA Confidential and Proprietary 6 4- 4 <br />