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DocuSign Envelope lD: 6E398049-F9FB-456B-8844-67D8243O8E87
<br />AAXCN Master Services and Purchasing Agreement
<br />between Axon and Agency (Online)
<br />7.4 Disclaimer, THE REM
<br />SOLE REMEDY, AND
<br />EDY DESCRIBED IN SECTION 7.1 ABOVE IS CUSTOMER'S
<br />FLOCK'S SOLE LIABILIry, WITH RESPECT TO DEFECTIVE
<br />HARDWARE AND/OR EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT
<br />THAT THE FLOCK SERVICES WILL BE UNINTERRUPTED oR ERROR FREE; NoR
<br />DOES IT MAKE ANY WARRANW AS TO THE RESULTS THAT MAY BE OBTAINED
<br />FROM USE OF THE FLOCK SERVICES. EXCEPT AS EXPRESSLY SET FORTH INTHIS SECTION, THE FLOCK SERVICES AND INSTALLATION SERVICES ARE
<br />PROVIDED 'AS IS" AND FLOCK DISCLAIMS ALL WARMNTIES, EXPRESS ORIMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
<br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-
<br />INFRINGEMENT.
<br />7.5 Force Majeure. Flock Safety is not responsible nor liable for any delays or failures in
<br />performance from any cause beyond its control, including, but not limiteci to acts of God,
<br />changes to law or regulations, embargoes, war, terrorisf acts, riots, fires, earthquakes,
<br />floods, power blackouts, strikes, weather conditions or acts of hackers, internet iervice
<br />providers or any other third party or acts or omissions of Customer or any Authorized End
<br />User.
<br />Limitation of Liabilitv and. lndemnitv.8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTMRY, FLOCK
<br />AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND
<br />TECHNOLOGY_ SUppLtERS), OFF|CERS, AFF|L|ATES, REPRESENTATIVES,
<br />CONTMCTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WTH
<br />RESPECT TO ANY SUBJECT MAfiER OF THIS AGREEMENT OR TERMS AND
<br />CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICTLlABlLlrY, PRoDUcr LlABtLlry, oR orHER THEoRy: (A) FoR ERROR oR
<br />INTERRUPTION OF USE OR FOR LOSS OR INACCUMCY, Ii.ICOMPLETENESS OR
<br />CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OFsuBsTlrurE GooDS, sERVtcEs oR TEcHNoLocy oR Loss oF BUSINESS; (B)
<br />FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEOUENTAL
<br />DAMAGES; (c) FoR ANY MATTER BEyoND FLocK's AcruAL KNoWLEDGE oR
<br />REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVIry OR INABILITY
<br />TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE
<br />WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PRoPRIETARY
<br />INFORMATION MADE lN GooD FAtrH; oR (E) FoR ANy AMouNTs rHAT,
<br />TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE
<br />FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE FLOCK
<br />SERVICES UNDER THIS AGREEMENT tN THE TWELVE (12) MONTHS pRtOR TO THE
<br />ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK
<br />HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF
<br />AN EMERGENCY, CUSTOMER SHOULD CONTACT 91 1 AND SHOULD NOT RELY ON
<br />THE FLOCK SERVICES,
<br />8.2
<br />8
<br />Responslbility. Each Party to this Agreement shall assume the responsibility and liability
<br />forthe acts and omissions of its own employees, deputies, officers, oragents, in connection
<br />with the performance of their official duties under this Agreement. Each Party to this
<br />Agreement shall be liable (if at all) only for the torts of its own officers, agents, or emptoyees
<br />that occur within the scope of their official duties. Customer will not pursue any claims or
<br />actions against Flock's suppliers.
<br />8.3 lndemnlty. Customer hereby agrees to indemnify and hold harmless Flock against any
<br />damages, losses, liabilities, settlements and expenses (including without limitation costs
<br />and attorneys' fees) in connection with any claim or action that arises from an alleged
<br />violation of Section 3.1, a breach of this Agreement, Customer's sha ring of any data in
<br />connection with the Flock or Non-Customer End
<br />Department: Legal
<br />Version: 1,0
<br />Release Date: 3/ 3I/2021
<br />Flock or
<br />Page 31 of47
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