Agmt21 E & M Electric and Machinery, Inc.

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15 AVEVA Clickwrap EULA PO APM MC (Excluding Process Optimization and Unified Supply Chain)-v4.6-14 July 2020 (JS) leased by Customer during the Support Term, then AVEVA may require that Customer obtain Support Services for such additional Supported Software or Goods either (a) with a term prorated to expire at the same time as the Support Term or (b) for a different specified term. If Support Services are not included with the Software and Customer has not purchased Support Services, then AVEVA shall not provide to Customer any Support Services. 9.3 Expense Reimbursement. Except as otherwise agreed in writing by Customer and AVEVA, Customer shall reimburse AVEVA for expenses incurred by AVEVA to perform the Support Services, including but not limited to travel and living expenses. 9.4 Version Upgrade. The software version upgrade entitlement is a benefit to customers that enroll in the Support Services (Standard, Premium and Elite levels) and are currently licensing the most current version of software (or another preferred minimum version level). If Customer is running a non-current or non- preferred version of the Supported Software, Customer must first purchase an upgrade to the current or preferred version to access this benefit in a new agreement. AVEVA may offer incentives for Customer to purchase version upgrades. 9.5 Non-Refundable Support Fee. Customer acknowledges and agrees that any fees paid for Support Services (if any) will be non-refundable and that such fees must be paid for the full Support Term in accordance with the payment schedule set forth in the applicable Transaction Document (or AVEVA Proposal, as applicable). 9.6 Support Reinstatement for Lapsed Enrollment. If a lapse in enrollment in the Support Services occurs, then Customer may be assessed a reinstatement fee. The amount of the reinstatement fee may increase the longer the enrollment has lapsed. 9.7 Support Program Levels. The Customer FIRST Program portfolio offers a wide choice of offerings to meet Customer’s business requirements. Specific program level benefits are described in the AVEVA Proposal and CFP User Guide, as applicable. 9.8 Scope of Support. AVEVA provides Support Services in accordance with the AVEVA lifecycle support policy applicable to the Supported Software and Goods. The applicable AVEVA lifecycle policy is published on the AVEVA brand support websites and may be referenced in the AVEVA Proposal or CFP User Guide. Although AVEVA and its “Certified Support Providers” (which are third parties retained by AVEVA to provide Support Services to Customer, including but not limited to authorized distributors and other support providers) may attempt to resolve issues arising in earlier AVEVA goods or software versions, they do not have any obligation to do so under any support level in the Support Services unless extended support for retired versions is available and purchased on a product by product basis. 9.9 Support Exclusions. (a) Unless otherwise agreed in writing by AVEVA, AVEVA does NOT provide Support Services for Third- Party Products, including but not limited to Crystal Reports. If AVEVA does provide Support Services for Third-Party Products at Customer’s written request, AVEVA’s Support Services for such Third- Party Products shall be rendered “AS-IS” and without warranty of any kind and such Support Services shall be for an additional fee at AVEVA’s then-current service rates. (b) Customer shall be responsible for payment for AVEVA equipment and materials if Customer’s employees, agents, consultants or contractors working on AVEVA equipment or materials causes malfunction or failure of such equipment or materials. If such an event occurs, AVEVA equipment and materials will be billed to Customer at the then-current rates for such equipment and materials and Customer shall also pay AVEVA for any associated services as a result of such malfunction or failure. (c) AVEVA and non-AVEVA system goods and software not specifically listed in the AVEVA Proposal or CFP User Guide as covered under the support level purchased by Customer are NOT covered under the Support Services. Technical assistance rendered via any means of personal communication (including but not limited to telephone, facsimile, postal mail, email, texting, and web- enabled chat), remote connection and diagnosis, material, labor or other support assistance provided by AVEVA to resolve an issue involving non-listed goods, software, or equipment is chargeable to Customer at the then-current AVEVA service rates. (d) AVEVA will NOT provide Support Services on AVEVA software or goods from or repaired by a non- AVEVA-authorized agent, distributor, reseller or other third party. If any issues occur that are ATTY/AGR.2021.312/E&M Electric and Machinery, Inc. (AVEVA Wonderware Flex Subscription) (Page 27 of 51)