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Master Services and Purchasing Agreement
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<br /> Title: Master Services and Purchasing Agreement between Axon and Agency
<br /> Department: Legal
<br /> Version: 12.0
<br /> Release Date: 12/18/2020 Page 30 of 49
<br />services under this Agreement does not contemplate work in any areas that contain
<br />hazardous materials, or other hazardous conditions, including, without limit, asbestos,
<br />lead, toxic or flammable substances. In the event any such hazardous materials are
<br />discovered in the designated locations in which Flock is to perform services under this
<br />Agreement, Flock shall have the right to cease work immediately in the area affected until
<br />such materials are removed or rendered harmless. Any additional expenses incurred by
<br />Flock as a result of the discovery or presence of hazardous material or hazardous
<br />conditions shall be the responsibility of Customer and shall be paid promptly upon billing.
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<br />2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance
<br />and of Flock Services and may, from time to time, advise Customer on changes to the
<br />Services or the Designated Locations which may improve the performance or functionality
<br />of the Services or may improve the quality of the Footage. The work, its timing, and the
<br />fees payable relating to such work shall be agreed by the Parties prior to any alterations to
<br />or changes of the Services or the Designated Locations (“Monitoring Services”). Subject
<br />to the terms hereof, Flock will provide Customer with reasonable technical and on-site
<br />support and maintenance services (“On-Site Services”) in-person or by email at
<br />hello@flocksafety.com. Flock will use commercially reasonable efforts to respond to
<br />requests for support.
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<br />2.10 Intentionally deleted.
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<br />2.11 Changes to Platform. Flock Safety may, in its sole discretion, make any changes to any
<br />system or platform that it deems necessary or useful to (i) maintain or enhance (a) the
<br />quality or delivery of Flock Safety’s products or services to its customers, (b) the
<br />competitive strength of, or market for, Flock Safety’s products or services, (c) such platform
<br />or system’s cost efficiency or performance, or (ii) to comply with applicable law.
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<br />3 Customer Responsibilities.
<br />3.1 Customer Obligations. Upon creation of a User ID, Customer agrees to provide Flock
<br />with accurate, complete, and updated registration information. Customer may not select
<br />as its User ID a name that Customer does not have the right to use, or another person’s
<br />name with the intent to impersonate that person. Customer may not transfer its account to
<br />anyone else without prior written permission. Customer will not share its account or
<br />password with anyone and must protect the security of its account and
<br />password. Customer is responsible for any activity associated with its account. Customer
<br />shall be responsible for obtaining and maintaining any equipment and ancillary services
<br />needed to connect to, access or otherwise use the Services. Customer will, at its own
<br />expense, provide assistance to Flock, including, but not limited to, by means of access to,
<br />and use of, Customer facilities, as well as by means of assistance from Customer
<br />personnel to the limited extent any of the foregoing may be reasonably necessary to enable
<br />Flock to perform its obligations hereunder, including, without limitation, any obligations with
<br />respect to Support Services or any Installation Services.
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<br />3.2 Customer Representations and Warranties. Customer represents, covenants, and
<br />warrants that Customer will use the Services only in compliance with this Agreement and
<br />all applicable laws and regulations, including but not limited to any laws relating to the
<br />recording or sharing of video, photo, or audio content. To the extent allowed by the
<br />governing law of the state mentioned in Section 9.6, or if no state is mentioned in Section
<br />9.6, by the law of the State of Georgia, Customer hereby agrees to indemnify and hold
<br />harmless Flock against any damages, losses, liabilities, settlements and expenses,
<br />including without limitation costs and attorneys’ fees, in connection with any claim or action
<br />that arises from an alleged violation of Customer's representations and warranties made
<br />pursuant to this Section 3.2, Customer’s Installation Obligations, or otherwi se from
<br />Customer’s use of the Flock Services, Hardware and any Embedded Software, including
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