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<br />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 notiJY 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 /> <br />3.7 Invoicim! and Pavment 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 15th 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 /> <br />3.8 Flow Down Metropolitan Emerl!encv 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 /> <br />3.9 De-certification and Disposition of Obsolete Radios <br />The Metropolitan Emergency Services Board, or its successor, and COUNTY may de-certiJY 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 (I) 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 /> <br />3.10 Limitation of Radio Code Plul! Files and Svstem Kev 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 notiJY COUNTY of the security breach. <br /> <br />3.11 Risk of Loss and Pavment for Lost. Stolen. Unreoairable. or Destroved 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 /> <br />.12 Notification to COUNTY of Missin Lost Stolen Unre airable or Destro ed SUBSC BER-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 /> <br />800 MHz Subsystem Subscriber Agreement-enter name of entity-enter time period <br /> <br />40f 12 <br />