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Feb 01 02 11:25a
<br />Motorola PC
<br />714-377-5919
<br />P.4
<br />4. DELAYS
<br />Under no circumstances will either party be responsible for delays or lack of performance
<br />resulting from events beyond the reasonable control of that party. Excusable delay include, but
<br />are not limited to, acts of God, weather conditions, compliance with laws and regulations,
<br />governmental action, bid protests, fire, strikes, lock -outs, and other labor disruptions, material
<br />shortages, mots, and acts of war.
<br />S. LIMITATION OF LIABILITY
<br />Notwithstanding any other pro%* sion to this Agreement, except for personal injury or death,
<br />Motorola's total liability, weather for broach of°contract, warranty, negligence, strict liability in
<br />tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law,
<br />but not to exceed the pri,oe of the equipment or services with xespect to which losses or damages
<br />are claimed, In no ovent will Motorola be liable for any loss of'use, loss of dme, inconvenience,
<br />commercial loss, lost profits or savings, or other special, incidental or consequential damages in
<br />any way related to or arising from this agreement. The sale or use of the equipment, or the
<br />performance or services by Motorola pursuant to this agreement. This limitation of liability will
<br />survive the expiration cr termination of this Agreement.
<br />6, NOTICE
<br />Any notice, tender, demand, delivery, or other communication pursuant to this
<br />Agreement shall be in writing and shall be dearned to be properly given if delivered in person or
<br />mailed by first class or certified mail, postage prepaid., or sent by telefaesimile or other
<br />telegraphic cornraunicarion, in the manner provided in this Section, to the following persons_
<br />To City: Clerk of the City Council
<br />City of Santa Ana
<br />20 Civic Center Plana (M-30)
<br />P.U_ Box 1988
<br />Santa Arta, Cali forma 92702-1998
<br />telefacsirnile (714) 64.7-6956
<br />and,
<br />With courtesy copies to;
<br />Executive Aixector
<br />Parks, Recreation, and Community Services Agency
<br />City of Santa Ana
<br />888 West Santa Ana Blvd., Suite 200 (M-23)
<br />Santa Ana, California 9.2702
<br />telefaesimile (714) 571-4235
<br />20'd
<br />FEB 01 2002 14:41
<br />S0:6 600 1 qa3 STS9-zb9-bZ�-:xuJ 3a133O S,ANd011b AiIO
<br />714 3?7 5919 PROE.04
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