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agreement between COUNTY and the COUNTY- approved vendor. SUBSCRIBER shall obtain any additional
<br />radio recloning necessary for SUBSCRIBER to use the Subsystem at SUBSCRIBER'S sole cost. SUBSCRIBER
<br />shall notify and obtain approval from the Radio System Manager or the Radio System Manager's designee prior to
<br />obtaining the additional recloning. All recloning must be performed by COUNTY or COUNTY- approved vendors.
<br />3.7 Invoicing, and Payment Terms
<br />COUNTY will invoice SUBSCRIBER monthly, or at other intervals as determined by COUNTY, for all fees
<br />payable to COUNTY as specified herein. For radios activated on or before the 15th of the month, SUBSCRIBER
<br />will be charged for the entire month. For radios activated after the 15`h of the month, the fees will commence on the
<br />first day of the following month. Payment of all fees herein shall be made directly to COUNTY within thirty -five
<br />(35) days from receipt of the invoice. COUNTY - approved vendors who provide reprogramming for
<br />SUBSCRIBER shall invoice SUBSCRIBER directly and SUBSCRIBER shall make the payment; SUBSCRIBER
<br />may submit a request for reimbursement for any reprogramming costs for which COUNTY is responsible under the
<br />provisions of Subparagraph 2.6 herein.
<br />3.8 Flow Down Metropolitan Emergency Services Board Contract Provisions
<br />SUBSCRIBER agrees to comply with all applicable flow down provisions contained in the Cooperative Agreement
<br />between COUNTY and the Metropolitan Radio Board, incorporated herein and made a part of this Agreement by
<br />this reference
<br />3.9 De- certification and Disposition of Obsolete Radios
<br />The Metropolitan Emergency Services Board, or its successor, and COUNTY may de- certify radios, radio
<br />operating software versions, and radio program files and configuration settings (commonly called code plugs)
<br />which become obsolete or unsuitable for use for reasons including but not limited to: unsafe to use, impairs
<br />Subsystem performance, no longer supported by the radio manufacturer, no longer supported by COUNTY, exhibit
<br />substantial defects, exhibit performance deficiencies, impair implementation of Subsystem upgrades, become
<br />unreliable, and become economically unfeasible to maintain. Except in those cases affecting safety or performance
<br />impacts to the Subsystem, other subsystems, or the regional system, COUNTY will make reasonable efforts to
<br />avoid de- certification of radios owned by SUBSCRIBER which have not been fully depreciated and to provide
<br />SUBSCRIBER with at least one (1) year advance notice prior to the effective date of radio or software version de-
<br />certification. De- certified radios, or radios operating with de- certified software versions or de- certified code plugs
<br />will not be allowed to access or use the Subsystem. SUBSCRIBER agrees to dispose of obsolete radios, batteries
<br />and other equipment in accordance with applicable laws and rules regarding disposal of hazardous materials.
<br />SUBSCRIBER understands that it will not receive any payment from COUNTY for a decertified radio.
<br />3.10 Limitation of Radio Code Plug Files and System Key File
<br />All radio code plug files shall be created and modified by COUNTY before the radios will be activated on the
<br />Subsystem. All radios on the Subsystem shall be cloned only by COUNTY or by COUNTY- approved vendors. All
<br />radio code plug files and system key files are the sole property of COUNTY, and contain information that is
<br />classified as security information and non - public government data. Unless specifically authorized by COUNTY in
<br />writing, SUBSCRIBER may not directly or indirectly permit any third party to: view, read, print, extract, copy,
<br />archive, edit, create, clone, transfer, tamper with or otherwise compromise the security of any radio code plug file
<br />or system key file for any radio on the Subsystem. In the event SUBSCRIBER learns that any party has improperly
<br />or fraudulently obtained radio code plug file information or system key file information, SUBSCRIBER will
<br />immediately notify COUNTY of the security breach.
<br />3.11 Risk of Loss and Payment for Lost. Stolen. Unrepairable, or Destroyed Radios
<br />SUBSCRIBER assumes full risk of loss for radios owned by the SUBSCRIBER which are lost, stolen, physically
<br />un- repairable or destroyed for any reason.
<br />3,12 Notification to COUNTY of Missing- Lost, Stolen. Unrepairable. or Destroyed SUBSCRIBER -Owned
<br />Radios
<br />SUBSCRIBER agrees to immediately notify COUNTY in writing of any missing, lost, stolen, unrepairable, or
<br />destroyed SUBSCRIBER -owned radios, so the radio can be deactivated on the Subsystem. SUBSCRIBER shall be
<br />responsible for payment of fees until written notification is received by COUNTY.
<br />800 MHz Subsystem Subscriber Agreement -enter name of enuty-er,er time period 4 of 121-3
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