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F-eb 01 02 11:25a Motorola PC 714-977-5919 P.0 9. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such, event, Motorola shall be entitled to receive and the City shall pay Motorola compensation for its performance prior to .receipt of such notice of termination, subject to the following conditions. 10. TITLE AND RISK OF LOSS Title to the equipment will pass to the City upon shipment of the equipment. Risk of loss will pass to the City upon delivery of the equipment to the facilities designated by the City. 11. TAXES The purchase price does not include any amount of federal, state, or local, sales, leases, service, .rental, use, property, occupation, or other taxes, all of which (except federal, state, and local taxes based on Motorola's net worth) will be paid by City except as exempted bylaw, If Motorola is required to pay or bear the burden of any such taxes, Motorola will send art invoice to City and City will pay to Motorola the amourit of such taxes, including any interest or penalties, within thirty (30) days after the date of the invoice. City will be solely responsible for reporting equipment for personal property tax purposes, 12. WAIVER Failure or delay by either party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. 13. SE'V'ERABILITY If any portion of this Agreement is held invalid or unenforceable that provision will be considered severable and the remainder of the Agreement will remain in full force and effect as if the valid provisions were not part of this Agreement, 14. REPRESENTATIONS AND COMMITMENTS Motorola is not malting, and City is not relying upon, any representations or commitments except for those expressed in this Agreement. The equipment must conform only to the manufactwcr's specifications, and no representations or warranties are givers concerning pricing matters except that Motorola agrees to sell the equipment for the price stated above. 1S. DISCRKMIiNATION Motorola shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and probibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other SQ'd 9Q�b i1DC qa� SIS9-ZV9-bl2:.X'-4 S,1,3N�Dlld AIID FEB 01 2002 14:42 714 37`7 5919 PAGE.06