Common use of Additional Exclusions Clause in Contracts

Additional Exclusions. IT IS EXPRESSLY UNDERSTOOD THAT THE SUPPORT SERVICE FEE DOES NOT INCLUDE WORK REQUIRED DUE TO DAMAGE, PROBLEMS OR DEFECTS ARISING AS A CONSEQUENCE OF DISASTERS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WARS, EARTHQUAKES, STORMS, FLOODS, DESTRUCTION, FIRES, EXPLOSIONS, RIOTS, STRIKES, LOCK-OUTS OR ANY OTHER SIMILAR OCCURRENCES DUE TO EXTERNAL INFLUENCES, SUCH AS IMPROPER POWER SUPPLY; USE OF THE COVERED EQUIPMENT IN CONJUNCTION WITH USE OF NON GRASS VALLEY FURNISHED EQUIPMENT OR SOFTWARE UNLESS APPROVED BY GRASS VALLEY IN WRITING; FAILURE TO FOLLOW INSTALLATION, OPERATION, MAINTENANCE OR CARE INSTRUCTIONS, FAILURE TO PERMIT GRASS VALLEY TIMELY ACCESS, REMOTE OR OTHERWISE, FAILURE TO IMPLEMENT ALL NEW UPDATES OR UPGRADES TO SOFTWARE TO THE EXTENT SUCH UPDATE OR UPGRADES ARE MADE AVAILABLE TO CUSTOMER; IMPROPER EXECUTION OF CUSTOMER MAINTENANCE TASKS OR DAILY UPKEEP, FAULTY OPERATION, MISUSE OR NEGLIGENCE; IMPROPER STORAGE, POWER SUPPLY OR AIR-CONDITIONING; DAMAGE CAUSED BY PERSONNEL OTHER THAN GRASS VALLEY REPRESENTATIVES TO INSTALL, REPAIR OR SERVICE COVERED EQUIPMENT, A PROBLEM OR DEFECT WHICH CANNOT BE REPRODUCED BY GRASS VALLEY OR CUSTOMER; TRANSPORTATION; ACCIDENTS; ANY FAULT CAUSED BY ANY ASSOCIATED EQUIPMENT OR ACCESSORIES NOT PROVIDED BY GRASS VALLEY; VIRUSES OR MALWARE THAT COMES INTO CONTACT WITH THE COVERED EQUIPMENT AFTER THE DATE OF SHIPMENT; OR REPLACEMENT OF CONSUMABLES; AND SERVICES, IMPROVEMENTS TO HARDWARE OR SOFTWARE, OR THIRD PARTY SOFTWARE THAT MAY BE REQUIRED IN ORDER TO SATISFACTORILY IMPLEMENT AN UPDATE OR UPGRADE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ALL SERVICES TO BE PERFORMED IN ORDER TO RECTIFY THE DAMAGE TO OR DESTRUCTION OF THE EQUIPMENT AS SET OUT ABOVE ARE OUTSIDE THE SCOPE OF THE SUPPORT AGREEMENT AND WILL BE CHARGED SEPARATELY AT GRASS VALLEY’S THEN CURRENT RATES. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED THAT THE COVERED EQUIPMENT WILL BE MAINTAINED AT OPERATIONAL CONDITION, TAKING INTO ACCOUNT ITS AGE AND NORMAL WEAR AND TEAR AND NOTHING HEREIN OBLIGATES GRASS VALLEY TO MAINTAIN COVERED EQUIPMENT IN NEW OR LIKE NEW CONDITION. WHERE PERMITTED BY LAW, GRASS VALLEY RESERVES THE RIGHT TO CHARGE A REASONABLE SUPPORT AGREEMENT FEE FOR ANY UNCOVERED PERIODS BETWEEN THE EXPIRATION OF THE WARRANTY TERM AND THE PURCHASE OF THE SUPPORT AGREEMENT.

Additional Exclusions. IT IS EXPRESSLY UNDERSTOOD THAT THE SUPPORT SERVICE FEE DOES NOT INCLUDE WORK REQUIRED DUE TO DAMAGE, PROBLEMS OR DEFECTS ARISING AS A CONSEQUENCE OF DISASTERS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WARS, EARTHQUAKES, STORMS, FLOODS, DESTRUCTION, FIRES, EXPLOSIONS, RIOTS, STRIKES, LOCK-OUTS OR ANY OTHER SIMILAR OCCURRENCES DUE TO EXTERNAL INFLUENCES, SUCH AS IMPROPER POWER SUPPLY; USE OF THE COVERED EQUIPMENT IN CONJUNCTION WITH USE OF NON GRASS VALLEY FURNISHED EQUIPMENT OR SOFTWARE UNLESS APPROVED BY GRASS VALLEY IN WRITING; FAILURE TO FOLLOW INSTALLATION, OPERATION, MAINTENANCE OR CARE INSTRUCTIONS, FAILURE TO PERMIT GRASS VALLEY TIMELY ACCESS, REMOTE OR OTHERWISE, FAILURE TO IMPLEMENT ALL NEW UPDATES OR UPGRADES TO SOFTWARE TO THE EXTENT SUCH UPDATE OR UPGRADES ARE MADE AVAILABLE TO CUSTOMER; IMPROPER EXECUTION OF CUSTOMER MAINTENANCE TASKS OR DAILY UPKEEP, FAULTY OPERATION, MISUSE OR NEGLIGENCE; IMPROPER STORAGE, POWER SUPPLY OR AIR-AIR- CONDITIONING; DAMAGE CAUSED BY PERSONNEL OTHER THAN GRASS VALLEY REPRESENTATIVES TO INSTALL, REPAIR OR SERVICE COVERED EQUIPMENT, A PROBLEM OR DEFECT WHICH CANNOT BE REPRODUCED BY GRASS VALLEY OR CUSTOMER; TRANSPORTATION; ACCIDENTS; ANY FAULT CAUSED BY ANY ASSOCIATED EQUIPMENT OR ACCESSORIES NOT PROVIDED BY GRASS VALLEY; VIRUSES OR MALWARE THAT COMES INTO CONTACT WITH THE COVERED EQUIPMENT AFTER THE DATE OF SHIPMENT; OR REPLACEMENT OF CONSUMABLES; AND SERVICES, IMPROVEMENTS TO HARDWARE OR SOFTWARE, OR THIRD PARTY SOFTWARE THAT MAY BE REQUIRED IN ORDER TO SATISFACTORILY IMPLEMENT AN UPDATE OR UPGRADE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ALL SERVICES TO BE PERFORMED IN ORDER TO RECTIFY THE DAMAGE TO OR DESTRUCTION OF THE EQUIPMENT AS SET OUT ABOVE ARE OUTSIDE THE SCOPE OF THE SUPPORT AGREEMENT AND WILL BE CHARGED SEPARATELY AT GRASS VALLEY’S THEN CURRENT RATES. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED THAT THE COVERED EQUIPMENT WILL BE MAINTAINED AT OPERATIONAL CONDITION, TAKING INTO ACCOUNT ITS AGE AND NORMAL WEAR AND TEAR AND NOTHING HEREIN OBLIGATES GRASS VALLEY TO MAINTAIN COVERED EQUIPMENT IN NEW OR LIKE NEW CONDITION. WHERE PERMITTED BY LAW, GRASS VALLEY RESERVES THE RIGHT TO CHARGE A REASONABLE SUPPORT AGREEMENT FEE FOR ANY UNCOVERED PERIODS BETWEEN THE EXPIRATION OF THE WARRANTY TERM AND THE PURCHASE OF THE SUPPORT AGREEMENT.

Additional Exclusions. IT IS EXPRESSLY UNDERSTOOD THAT THE SUPPORT SERVICE FEE DOES NOT INCLUDE WORK REQUIRED DUE TO DAMAGE, PROBLEMS OR DEFECTS ARISING AS A CONSEQUENCE OF DISASTERS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WARS, EARTHQUAKES, STORMS, FLOODS, DESTRUCTION, FIRES, EXPLOSIONS, RIOTS, STRIKES, LOCK-LOCK- OUTS OR ANY OTHER SIMILAR OCCURRENCES DUE TO EXTERNAL INFLUENCES, SUCH AS IMPROPER POWER SUPPLY; USE OF THE COVERED EQUIPMENT IN CONJUNCTION WITH USE OF NON GRASS VALLEY FURNISHED EQUIPMENT OR SOFTWARE UNLESS APPROVED BY GRASS VALLEY IN WRITING; FAILURE TO FOLLOW INSTALLATION, OPERATION, MAINTENANCE OR CARE INSTRUCTIONS, FAILURE TO PERMIT GRASS VALLEY TIMELY ACCESS, REMOTE OR OTHERWISE, FAILURE TO IMPLEMENT ALL NEW UPDATES OR UPGRADES TO SOFTWARE TO THE EXTENT SUCH UPDATE OR UPGRADES ARE MADE AVAILABLE TO CUSTOMER; IMPROPER EXECUTION OF CUSTOMER MAINTENANCE TASKS OR DAILY UPKEEP, FAULTY OPERATION, MISUSE OR NEGLIGENCE; IMPROPER STORAGE, POWER SUPPLY OR AIR-CONDITIONING; DAMAGE CAUSED BY PERSONNEL OTHER THAN GRASS VALLEY REPRESENTATIVES TO INSTALL, REPAIR OR SERVICE COVERED EQUIPMENT, A PROBLEM OR DEFECT WHICH CANNOT BE REPRODUCED BY GRASS VALLEY OR CUSTOMER; TRANSPORTATION; ACCIDENTS; ANY FAULT CAUSED BY ANY ASSOCIATED EQUIPMENT OR ACCESSORIES NOT PROVIDED BY GRASS VALLEY; VIRUSES OR MALWARE THAT COMES INTO CONTACT WITH THE COVERED EQUIPMENT AFTER THE DATE OF SHIPMENT; OR REPLACEMENT OF CONSUMABLES; AND SERVICES, IMPROVEMENTS TO HARDWARE OR SOFTWARE, OR THIRD PARTY SOFTWARE THAT MAY BE REQUIRED IN ORDER TO SATISFACTORILY IMPLEMENT AN UPDATE OR UPGRADE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ALL SERVICES TO BE PERFORMED IN ORDER TO RECTIFY THE DAMAGE TO OR DESTRUCTION OF THE EQUIPMENT AS SET OUT ABOVE ARE OUTSIDE THE SCOPE OF THE SUPPORT AGREEMENT AND WILL BE CHARGED SEPARATELY AT GRASS VALLEY’S THEN CURRENT RATES. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED THAT THE COVERED EQUIPMENT WILL BE MAINTAINED AT OPERATIONAL CONDITION, TAKING INTO ACCOUNT ITS AGE AND NORMAL WEAR AND TEAR AND NOTHING HEREIN OBLIGATES GRASS VALLEY TO MAINTAIN COVERED EQUIPMENT IN NEW OR LIKE NEW CONDITION. WHERE PERMITTED BY LAW, GRASS VALLEY RESERVES THE RIGHT TO CHARGE A REASONABLE SUPPORT AGREEMENT FEE FOR ANY UNCOVERED PERIODS BETWEEN THE EXPIRATION OF THE WARRANTY TERM AND THE PURCHASE OF THE SUPPORT AGREEMENT.

Additional Exclusions. IT IS EXPRESSLY UNDERSTOOD THAT THE SUPPORT SERVICE FEE DOES NOT INCLUDE WORK REQUIRED DUE SUBSCRIPTION SERVICES ARE PROVIDED “AS-IS”. IN ADDITION TO DAMAGETHE EXCLUSIONS FROM DAMAGES SET FORTH IN THE PRIMARY AGREEMENT, PROBLEMS AND NOTWITHSTANDING ANY PROVISION OF PRIMARY AGREEMENT TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) INTERRUPTION OR DEFECTS ARISING AS A CONSEQUENCE FAILURE OF DISASTERS CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; (B) DISRUPTION OF OR DAMAGE TO CUSTOMER’S OR THIRD PARTIES’ SYSTEMS, EQUIPMENT, OR DATA, INCLUDING BUT NOT LIMITED DENIAL OF ACCESS TO ACTS USERS, OR SHUTDOWN OF GODSYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE; (C) AVAILABILITY OR ACCURACY OF ANY DATA AVAILABLE THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES, WARSOR INTERPRETATION, EARTHQUAKESUSE, STORMSOR MISUSE THEREOF; (D) TRACKING AND LOCATION-BASED SERVICES; (E) BETA SERVICES; (F) CUSTOMER DATA, FLOODSINCLUDING ITS TRANSMISSION TO MOTOROLA, DESTRUCTION, FIRES, EXPLOSIONS, RIOTS, STRIKES, LOCK-OUTS OR ANY OTHER SIMILAR OCCURRENCES DUE TO EXTERNAL INFLUENCESDATA AVAILABLE THROUGH THE SUBSCRIPTION SERVICES; (G) CUSTOMER-PROVIDED EQUIPMENT, SUCH AS IMPROPER POWER SUPPLY; USE NON-MOTOROLA CONTENT, THE SITES, OR THIRD-PARTY EQUIPMENT, HARDWARE, SOFTWARE, DATA, OR OTHER THIRD-PARTY MATERIALS, OR THE COMBINATION OF SUBSCRIPTION SERVICES WITH ANY OF THE COVERED EQUIPMENT IN CONJUNCTION WITH USE FOREGOING; (H) LOSS OF NON GRASS VALLEY FURNISHED EQUIPMENT DATA OR SOFTWARE UNLESS APPROVED HACKING; (I) MODIFICATION OF SUBSCRIPTION SERVICES BY GRASS VALLEY IN WRITING; FAILURE TO FOLLOW INSTALLATION, OPERATION, MAINTENANCE OR CARE INSTRUCTIONS, FAILURE TO PERMIT GRASS VALLEY TIMELY ACCESS, REMOTE OR OTHERWISE, FAILURE TO IMPLEMENT ALL NEW UPDATES OR UPGRADES TO SOFTWARE TO THE EXTENT SUCH UPDATE OR UPGRADES ARE MADE AVAILABLE TO CUSTOMER; IMPROPER EXECUTION OF CUSTOMER MAINTENANCE TASKS OR DAILY UPKEEP, FAULTY OPERATION, MISUSE OR NEGLIGENCE; IMPROPER STORAGE, POWER SUPPLY OR AIR-CONDITIONING; DAMAGE CAUSED BY PERSONNEL ANY PERSON OTHER THAN GRASS VALLEY REPRESENTATIVES TO INSTALL, REPAIR OR SERVICE COVERED EQUIPMENT, A PROBLEM OR DEFECT WHICH CANNOT BE REPRODUCED BY GRASS VALLEY OR CUSTOMERMOTOROLA; TRANSPORTATION; ACCIDENTS; ANY FAULT CAUSED BY ANY ASSOCIATED EQUIPMENT OR ACCESSORIES NOT (J) RECOMMENDATIONS PROVIDED BY GRASS VALLEY; VIRUSES OR MALWARE THAT COMES INTO CONTACT IN CONNECTION WITH THE COVERED EQUIPMENT AFTER THE DATE OF SHIPMENTSUBSCRIPTION SERVICES; (K) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; OR REPLACEMENT (L) CUSTOMER’S OR ANY AUTHORIZED USER’S BREACH OF CONSUMABLES; AND SERVICES, IMPROVEMENTS TO HARDWARE THIS SSA OR SOFTWARE, OR THIRD PARTY SOFTWARE THAT MAY BE REQUIRED IN ORDER TO SATISFACTORILY IMPLEMENT AN UPDATE OR UPGRADE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ALL SERVICES TO BE PERFORMED IN ORDER TO RECTIFY THE DAMAGE TO OR DESTRUCTION MISUSE OF THE EQUIPMENT AS SET OUT ABOVE ARE OUTSIDE THE SCOPE OF THE SUPPORT AGREEMENT AND WILL BE CHARGED SEPARATELY AT GRASS VALLEY’S THEN CURRENT RATES. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED THAT THE COVERED EQUIPMENT WILL BE MAINTAINED AT OPERATIONAL CONDITION, TAKING INTO ACCOUNT ITS AGE AND NORMAL WEAR AND TEAR AND NOTHING HEREIN OBLIGATES GRASS VALLEY TO MAINTAIN COVERED EQUIPMENT IN NEW OR LIKE NEW CONDITION. WHERE PERMITTED BY LAW, GRASS VALLEY RESERVES THE RIGHT TO CHARGE A REASONABLE SUPPORT AGREEMENT FEE FOR ANY UNCOVERED PERIODS BETWEEN THE EXPIRATION OF THE WARRANTY TERM AND THE PURCHASE OF THE SUPPORT AGREEMENTSUBSCRIPTION SERVICES.

Additional Exclusions. IT IS EXPRESSLY UNDERSTOOD THAT THE SUPPORT SERVICE FEE DOES NOT INCLUDE WORK REQUIRED DUE NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, MOTOROLA WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A) CUSTOMER DATA, INCLUDING ITS TRANSMISSION TO DAMAGEMOTOROLA, PROBLEMS OR DEFECTS ARISING AS A CONSEQUENCE OF DISASTERS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WARS, EARTHQUAKES, STORMS, FLOODS, DESTRUCTION, FIRES, EXPLOSIONS, RIOTS, STRIKES, LOCK-OUTS OR ANY OTHER SIMILAR OCCURRENCES DUE TO EXTERNAL INFLUENCESDATA AVAILABLE THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES; (B) CUSTOMER-PROVIDED EQUIPMENT, SUCH AS IMPROPER POWER SUPPLY; USE NON-MOTOROLA CONTENT, CUSTOMER’S SITES, OR THIRD-PARTY EQUIPMENT, HARDWARE, SOFTWARE, DATA, OR OTHER THIRD- PARTY MATERIALS, OR THE COMBINATION OF THE COVERED EQUIPMENT SUBSCRIPTION SOFTWARE OR SERVICES WITH ANY OF THE FOREGOING; (C) LOSS OF DATA OR HACKING; (D) MODIFICATION OF SUBSCRIPTION SOFTWARE OR SERVICES BY ANY PERSON OTHER THAN MOTOROLA; (E) RECOMMENDATIONS PROVIDED IN CONJUNCTION CONNECTION WITH USE OR BY THE SUBSCRIPTION SOFTWARE AND SERVICES; (F) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; (G) INTERRUPTION OR FAILURE OF NON GRASS VALLEY FURNISHED EQUIPMENT CONNECTIVITY, VULNERABILITIES, OR SOFTWARE UNLESS APPROVED BY GRASS VALLEY IN WRITINGSECURITY EVENTS; FAILURE TO FOLLOW INSTALLATION, OPERATION, MAINTENANCE (H) DISRUPTION OF OR CARE INSTRUCTIONS, FAILURE TO PERMIT GRASS VALLEY TIMELY ACCESS, REMOTE OR OTHERWISE, FAILURE TO IMPLEMENT ALL NEW UPDATES OR UPGRADES TO SOFTWARE TO THE EXTENT SUCH UPDATE OR UPGRADES ARE MADE AVAILABLE DAMAGE TO CUSTOMER; IMPROPER EXECUTION ’S OR THIRD PARTIES’ SYSTEMS, EQUIPMENT, OR DATA, INCLUDING DENIAL OF CUSTOMER MAINTENANCE TASKS ACCESS TO USERS, OR DAILY UPKEEP, FAULTY OPERATION, MISUSE OR NEGLIGENCE; IMPROPER STORAGE, POWER SUPPLY OR AIR-CONDITIONING; DAMAGE SHUTDOWN OF SYSTEMS CAUSED BY PERSONNEL OTHER THAN GRASS VALLEY REPRESENTATIVES TO INSTALLINTRUSION DETECTION SOFTWARE OR HARDWARE; (I) AVAILABILITY OR ACCURACY OF ANY DATA AVAILABLE THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES, REPAIR OR SERVICE COVERED EQUIPMENTINTERPRETATION, A PROBLEM USE, OR DEFECT WHICH CANNOT BE REPRODUCED BY GRASS VALLEY OR CUSTOMERMISUSE THEREOF; TRANSPORTATION(J) TRACKING AND LOCATION-BASED SERVICES; ACCIDENTS; ANY FAULT CAUSED BY ANY ASSOCIATED EQUIPMENT OR ACCESSORIES NOT PROVIDED BY GRASS VALLEY; VIRUSES OR MALWARE THAT COMES INTO CONTACT WITH THE COVERED EQUIPMENT AFTER THE DATE OF SHIPMENT(K) BETA SERVICES; OR REPLACEMENT (L) CUSTOMER’S OR ANY AUTHORIZED USER’S BREACH OF CONSUMABLES; AND SERVICES, IMPROVEMENTS TO HARDWARE THIS AGREEMENT OR SOFTWARE, OR THIRD PARTY SOFTWARE THAT MAY BE REQUIRED IN ORDER TO SATISFACTORILY IMPLEMENT AN UPDATE OR UPGRADE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ALL SERVICES TO BE PERFORMED IN ORDER TO RECTIFY THE DAMAGE TO OR DESTRUCTION MISUSE OF THE EQUIPMENT AS SET OUT ABOVE ARE OUTSIDE THE SCOPE OF THE SUPPORT AGREEMENT AND WILL BE CHARGED SEPARATELY AT GRASS VALLEY’S THEN CURRENT RATES. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED THAT THE COVERED EQUIPMENT WILL BE MAINTAINED AT OPERATIONAL CONDITION, TAKING INTO ACCOUNT ITS AGE AND NORMAL WEAR AND TEAR AND NOTHING HEREIN OBLIGATES GRASS VALLEY TO MAINTAIN COVERED EQUIPMENT IN NEW SUBSCRIPTION SOFTWARE OR LIKE NEW CONDITION. WHERE PERMITTED BY LAW, GRASS VALLEY RESERVES THE RIGHT TO CHARGE A REASONABLE SUPPORT AGREEMENT FEE FOR ANY UNCOVERED PERIODS BETWEEN THE EXPIRATION OF THE WARRANTY TERM AND THE PURCHASE OF THE SUPPORT AGREEMENTSERVICES.

Additional Exclusions. IT IS EXPRESSLY UNDERSTOOD THAT THE SUPPORT SERVICE FEE DOES NOT INCLUDE WORK REQUIRED DUE TO DAMAGE, PROBLEMS OR DEFECTS ARISING AS A CONSEQUENCE NOTWITHSTANDING ANY OTHER PROVISION OF DISASTERS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WARS, EARTHQUAKES, STORMS, FLOODS, DESTRUCTION, FIRES, EXPLOSIONS, RIOTS, STRIKES, LOCK-OUTS THIS AGREEMENT OR ANY RELATED ADDENDUM, PSTA AND MOTOROLA WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A) MEMBER DATA OR CONTENT MATERIAL INCLUDING ITS TRANSMISSION TO OR RECEIPT FROM PSTA OR MOTOROLA, THROUGH THE PUBLIC SAFETY THREAT ALLIANCE; (B) CUSTOMER-PROVIDED EQUIPMENT, CONTENT MATERIAL, THIRD-PARTY EQUIPMENT, HARDWARE, SOFTWARE, SERVICES, DATA, OR OTHER SIMILAR OCCURRENCES DUE TO EXTERNAL INFLUENCESTHIRD-PARTY MATERIALS, SUCH AS IMPROPER POWER SUPPLY; USE OR THE COMBINATION OF PRODUCTS AND SERVICES WITH ANY OF THE COVERED EQUIPMENT FOREGOING; (C) LOSS OF DATA, HACKING, RANSOMWARE, OR OTHER THIRD-PARTY ATTACKS OR DEMANDS; (D) MODIFICATION OF CONTENT MATERIAL BY ANY PERSON OTHER THAN PSTA OR MOTOROLA; (E) RECOMMENDATIONS PROVIDED IN CONJUNCTION CONNECTION WITH USE THE CONTENT MATERIALS; (F) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; OR (G) MEMBER’S OR ANY AUTHORIZED USER’S BREACH OF NON GRASS VALLEY FURNISHED EQUIPMENT THIS AGREEMENT OR ANY RELATED AGREEMENT OR MISUSE OF THE PUBLIC SAFETY THREAT ALLIANCE; (H) INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; (I) DISRUPTION OF OR DAMAGE TO MEMBER’S OR THIRD PARTIES’ SYSTEMS, EQUIPMENT, OR DATA, INCLUDING DENIAL OF ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE UNLESS APPROVED BY GRASS VALLEY IN WRITINGOR HARDWARE; FAILURE TO FOLLOW INSTALLATION, OPERATION, MAINTENANCE (J) AVAILABILITY OR CARE INSTRUCTIONS, FAILURE TO PERMIT GRASS VALLEY TIMELY ACCESS, REMOTE ACCURACY OF ANY DATA AVAILABLE THROUGH THE CONTENT MATERIAL OR OTHERWISE, FAILURE TO IMPLEMENT ALL NEW UPDATES OR UPGRADES TO SOFTWARE TO THE EXTENT SUCH UPDATE OR UPGRADES ARE MADE AVAILABLE TO CUSTOMER; IMPROPER EXECUTION OF CUSTOMER MAINTENANCE TASKS OR DAILY UPKEEPINTERPRETATION, FAULTY OPERATION, MISUSE OR NEGLIGENCE; IMPROPER STORAGE, POWER SUPPLY OR AIR-CONDITIONING; DAMAGE CAUSED BY PERSONNEL OTHER THAN GRASS VALLEY REPRESENTATIVES TO INSTALL, REPAIR OR SERVICE COVERED EQUIPMENT, A PROBLEM OR DEFECT WHICH CANNOT BE REPRODUCED BY GRASS VALLEY OR CUSTOMER; TRANSPORTATION; ACCIDENTS; ANY FAULT CAUSED BY ANY ASSOCIATED EQUIPMENT OR ACCESSORIES NOT PROVIDED BY GRASS VALLEY; VIRUSES OR MALWARE THAT COMES INTO CONTACT WITH THE COVERED EQUIPMENT AFTER THE DATE OF SHIPMENT; OR REPLACEMENT OF CONSUMABLES; AND SERVICES, IMPROVEMENTS TO HARDWARE OR SOFTWAREUSE, OR THIRD PARTY SOFTWARE THAT MAY BE REQUIRED IN ORDER TO SATISFACTORILY IMPLEMENT AN UPDATE OR UPGRADE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ALL SERVICES TO BE PERFORMED IN ORDER TO RECTIFY THE DAMAGE TO OR DESTRUCTION OF THE EQUIPMENT AS SET OUT ABOVE ARE OUTSIDE THE SCOPE OF THE SUPPORT AGREEMENT AND WILL BE CHARGED SEPARATELY AT GRASS VALLEY’S THEN CURRENT RATES. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED THAT THE COVERED EQUIPMENT WILL BE MAINTAINED AT OPERATIONAL CONDITION, TAKING INTO ACCOUNT ITS AGE AND NORMAL WEAR AND TEAR AND NOTHING HEREIN OBLIGATES GRASS VALLEY TO MAINTAIN COVERED EQUIPMENT IN NEW OR LIKE NEW CONDITION. WHERE PERMITTED BY LAW, GRASS VALLEY RESERVES THE RIGHT TO CHARGE A REASONABLE SUPPORT AGREEMENT FEE FOR ANY UNCOVERED PERIODS BETWEEN THE EXPIRATION OF THE WARRANTY TERM AND THE PURCHASE OF THE SUPPORT AGREEMENT.MISUSE THEREOF;

Additional Exclusions. IT IS EXPRESSLY UNDERSTOOD THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS ADDENDUM, THE SUPPORT SERVICE FEE DOES NOT INCLUDE WORK REQUIRED DUE PRIMARY AGREEMENT OR ANY RELATED AGREEMENT, MOTOROLA WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A) CUSTOMER DATA, INCLUDING ITS TRANSMISSION TO DAMAGEMOTOROLA, PROBLEMS OR DEFECTS ARISING AS A CONSEQUENCE OF DISASTERS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WARS, EARTHQUAKES, STORMS, FLOODS, DESTRUCTION, FIRES, EXPLOSIONS, RIOTS, STRIKES, LOCK-OUTS OR ANY OTHER SIMILAR OCCURRENCES DUE TO EXTERNAL INFLUENCESDATA AVAILABLE THROUGH THE PRODUCTS OR SERVICES; (B) CUSTOMER-PROVIDED EQUIPMENT, SUCH AS IMPROPER POWER SUPPLY; USE NON-MOTOROLA CONTENT, THE SITES, OR THIRD-PARTY EQUIPMENT, HARDWARE, SOFTWARE, SERVICES, DATA, OR OTHER THIRD-PARTY MATERIALS, OR THE COMBINATION OF PRODUCTS AND SERVICES WITH ANY OF THE COVERED EQUIPMENT FOREGOING; (C) LOSS OF DATA OR HACKING, RANSOMWARE, OR OTHER THIRD- PARTY ATTACKS OR DEMANDS; (D) MODIFICATION OF PRODUCTS OR SERVICES BY ANY PERSON OTHER THAN MOTOROLA; (E) RECOMMENDATIONS PROVIDED IN CONJUNCTION CONNECTION WITH USE OR BY THE PRODUCTS AND SERVICES; (F) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; OR (G) CUSTOMER’S OR ANY AUTHORIZED USER’S BREACH OF NON GRASS VALLEY FURNISHED EQUIPMENT THIS ADDENDUM, THE PRIMARY AGREEMENT OR SOFTWARE UNLESS APPROVED BY GRASS VALLEY IN WRITINGANY RELATED AGREEMENT OR MISUSE OF THE PRODUCTS AND SERVICES; (H) INTERRUPTION OR FAILURE TO FOLLOW INSTALLATIONOF CONNECTIVITY, OPERATIONVULNERABILITIES, MAINTENANCE OR CARE INSTRUCTIONS, FAILURE TO PERMIT GRASS VALLEY TIMELY ACCESS, REMOTE SECURITY EVENTS; (I) DISRUPTION OF OR OTHERWISE, FAILURE TO IMPLEMENT ALL NEW UPDATES OR UPGRADES TO SOFTWARE TO THE EXTENT SUCH UPDATE OR UPGRADES ARE MADE AVAILABLE DAMAGE TO CUSTOMER; IMPROPER EXECUTION ’S OR THIRD PARTIES’ SYSTEMS, EQUIPMENT, OR DATA, INCLUDING DENIAL OF CUSTOMER MAINTENANCE TASKS ACCESS TO USERS, OR DAILY UPKEEP, FAULTY OPERATION, MISUSE OR NEGLIGENCE; IMPROPER STORAGE, POWER SUPPLY OR AIR-CONDITIONING; DAMAGE SHUTDOWN OF SYSTEMS CAUSED BY PERSONNEL OTHER THAN GRASS VALLEY REPRESENTATIVES TO INSTALLINTRUSION DETECTION SOFTWARE OR HARDWARE; (J) AVAILABILITY OR ACCURACY OF ANY DATA AVAILABLE THROUGH THE SERVICES, REPAIR OR SERVICE COVERED EQUIPMENTINTERPRETATION, A PROBLEM USE, OR DEFECT WHICH CANNOT BE REPRODUCED BY GRASS VALLEY OR CUSTOMERMISUSE THEREOF; TRANSPORTATION; ACCIDENTS; ANY FAULT CAUSED BY ANY ASSOCIATED EQUIPMENT OR ACCESSORIES NOT PROVIDED BY GRASS VALLEY; VIRUSES OR MALWARE THAT COMES INTO CONTACT WITH THE COVERED EQUIPMENT AFTER THE DATE OF SHIPMENT(K) TRACKING AND LOCATION- BASED SERVICES; OR REPLACEMENT OF CONSUMABLES; AND (L) BETA SERVICES, IMPROVEMENTS TO HARDWARE OR SOFTWARE, OR THIRD PARTY SOFTWARE THAT MAY BE REQUIRED IN ORDER TO SATISFACTORILY IMPLEMENT AN UPDATE OR UPGRADE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ALL SERVICES TO BE PERFORMED IN ORDER TO RECTIFY THE DAMAGE TO OR DESTRUCTION OF THE EQUIPMENT AS SET OUT ABOVE ARE OUTSIDE THE SCOPE OF THE SUPPORT AGREEMENT AND WILL BE CHARGED SEPARATELY AT GRASS VALLEY’S THEN CURRENT RATES. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED THAT THE COVERED EQUIPMENT WILL BE MAINTAINED AT OPERATIONAL CONDITION, TAKING INTO ACCOUNT ITS AGE AND NORMAL WEAR AND TEAR AND NOTHING HEREIN OBLIGATES GRASS VALLEY TO MAINTAIN COVERED EQUIPMENT IN NEW OR LIKE NEW CONDITION. WHERE PERMITTED BY LAW, GRASS VALLEY RESERVES THE RIGHT TO CHARGE A REASONABLE SUPPORT AGREEMENT FEE FOR ANY UNCOVERED PERIODS BETWEEN THE EXPIRATION OF THE WARRANTY TERM AND THE PURCHASE OF THE SUPPORT AGREEMENT.

Additional Exclusions. IT IS EXPRESSLY UNDERSTOOD THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS ADDENDUM, THE SUPPORT SERVICE FEE DOES NOT INCLUDE WORK REQUIRED DUE PRIMARY AGREEMENT OR ANY RELATED AGREEMENT, MOTOROLA WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A) CUSTOMER DATA, INCLUDING ITS TRANSMISSION TO DAMAGEMOTOROLA, PROBLEMS OR DEFECTS ARISING AS A CONSEQUENCE OF DISASTERS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WARS, EARTHQUAKES, STORMS, FLOODS, DESTRUCTION, FIRES, EXPLOSIONS, RIOTS, STRIKES, LOCK-OUTS OR ANY OTHER SIMILAR OCCURRENCES DUE TO EXTERNAL INFLUENCESDATA AVAILABLE THROUGH THE PRODUCTS OR SERVICES; (B) CUSTOMER-PROVIDED EQUIPMENT, SUCH AS IMPROPER POWER SUPPLY; USE NON-MOTOROLA CONTENT, THE SITES, OR THIRD-PARTY EQUIPMENT, HARDWARE, SOFTWARE, SERVICES, DATA, OR OTHER THIRD-PARTY MATERIALS, OR THE COMBINATION OF PRODUCTS AND SERVICES WITH ANY OF THE COVERED EQUIPMENT FOREGOING; (C) LOSS OF DATA OR HACKING, RANSOMWARE, OR OTHER THIRD-PARTY ATTACKS OR DEMANDS; (D) MODIFICATION OF PRODUCTS OR SERVICES BY ANY PERSON OTHER THAN MOTOROLA; (E) RECOMMENDATIONS PROVIDED IN CONJUNCTION CONNECTION WITH USE OR BY THE PRODUCTS AND SERVICES; (F) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; OR (G) CUSTOMER’S OR ANY AUTHORIZED USER’S BREACH OF NON GRASS VALLEY FURNISHED EQUIPMENT THIS ADDENDUM, THE PRIMARY AGREEMENT OR SOFTWARE UNLESS APPROVED BY GRASS VALLEY IN WRITINGANY RELATED AGREEMENT OR MISUSE OF THE PRODUCTS AND SERVICES; (H) INTERRUPTION OR FAILURE TO FOLLOW INSTALLATIONOF CONNECTIVITY, OPERATIONVULNERABILITIES, MAINTENANCE OR CARE INSTRUCTIONS, FAILURE TO PERMIT GRASS VALLEY TIMELY ACCESS, REMOTE SECURITY EVENTS; (I) DISRUPTION OF OR OTHERWISE, FAILURE TO IMPLEMENT ALL NEW UPDATES OR UPGRADES TO SOFTWARE TO THE EXTENT SUCH UPDATE OR UPGRADES ARE MADE AVAILABLE DAMAGE TO CUSTOMER; IMPROPER EXECUTION ’S OR THIRD PARTIES’ SYSTEMS, EQUIPMENT, OR DATA, INCLUDING DENIAL OF CUSTOMER MAINTENANCE TASKS ACCESS TO USERS, OR DAILY UPKEEP, FAULTY OPERATION, MISUSE OR NEGLIGENCE; IMPROPER STORAGE, POWER SUPPLY OR AIR-CONDITIONING; DAMAGE SHUTDOWN OF SYSTEMS CAUSED BY PERSONNEL OTHER THAN GRASS VALLEY REPRESENTATIVES TO INSTALLINTRUSION DETECTION SOFTWARE OR HARDWARE; (J) AVAILABILITY OR ACCURACY OF ANY DATA AVAILABLE THROUGH THE SERVICES, REPAIR OR SERVICE COVERED EQUIPMENTINTERPRETATION, A PROBLEM USE, OR DEFECT WHICH CANNOT BE REPRODUCED BY GRASS VALLEY OR CUSTOMERMISUSE THEREOF; TRANSPORTATION; ACCIDENTS; ANY FAULT CAUSED BY ANY ASSOCIATED EQUIPMENT OR ACCESSORIES NOT PROVIDED BY GRASS VALLEY; VIRUSES OR MALWARE THAT COMES INTO CONTACT WITH THE COVERED EQUIPMENT AFTER THE DATE OF SHIPMENT(K) TRACKING AND LOCATION-BASED SERVICES; OR REPLACEMENT OF CONSUMABLES; AND (L) BETA SERVICES, IMPROVEMENTS TO HARDWARE OR SOFTWARE, OR THIRD PARTY SOFTWARE THAT MAY BE REQUIRED IN ORDER TO SATISFACTORILY IMPLEMENT AN UPDATE OR UPGRADE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ALL SERVICES TO BE PERFORMED IN ORDER TO RECTIFY THE DAMAGE TO OR DESTRUCTION OF THE EQUIPMENT AS SET OUT ABOVE ARE OUTSIDE THE SCOPE OF THE SUPPORT AGREEMENT AND WILL BE CHARGED SEPARATELY AT GRASS VALLEY’S THEN CURRENT RATES. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED THAT THE COVERED EQUIPMENT WILL BE MAINTAINED AT OPERATIONAL CONDITION, TAKING INTO ACCOUNT ITS AGE AND NORMAL WEAR AND TEAR AND NOTHING HEREIN OBLIGATES GRASS VALLEY TO MAINTAIN COVERED EQUIPMENT IN NEW OR LIKE NEW CONDITION. WHERE PERMITTED BY LAW, GRASS VALLEY RESERVES THE RIGHT TO CHARGE A REASONABLE SUPPORT AGREEMENT FEE FOR ANY UNCOVERED PERIODS BETWEEN THE EXPIRATION OF THE WARRANTY TERM AND THE PURCHASE OF THE SUPPORT AGREEMENT.