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5 Service Maintenance. Maintenance will take place according to Vendor’s prevailing Maintenance Schedule, which <br />may be found at https://www.axon.com/trust/maintenance. Maintenance periods may periodically result in the <br />Service Offerings being Unavailable to City. Downtime falling within Scheduled Routine or Planned maintenance <br />is Scheduled Downtime and is not eligible for Service Credits. <br />Emergency maintenance may have less than a 24-hour notification period. Emergency maintenance may be <br />performed at any time, with or without notice as deemed necessary by Vendor. Emergency maintenance falling <br />outside Scheduled Routine or Planned maintenance is eligible for Service Credits <br />6 Exclusions. The Service Commitment does not apply to any unavailability, suspension or termination of the Service <br />Offerings, or any other Axon Evidence performance issues <br />6.1 caused by factors outside of Axon’s reasonable control, including any force majeure event, terrorism, <br />sabotage, virus attacks, or Internet access or related problems beyond the demarcation point of the Service <br />Offerings (including Domain Name Server issues outside Axon’s direct control); <br />6.2 that result from any actions or inactions of City or any third party; <br />6.3 that result from City’s communication delays, including wrong, bad or missing data, improperly formatted, <br />organized or transmitted data received, or any other data issues related to the communication or data received <br />from or through City; <br />6.4 that result from City equipment, software or other technology and/or third-party equipment, software or <br />other technology (other than third party equipment within Axon’s direct control); <br />6.5 that result from any maintenance as provided for pursuant to this SLA; or <br />6.6 that arise from Axon’s suspension and termination of City’s right to use the Service Offerings in accordance <br />with this Agreement. <br />ATTY/AGR.2022.299/Axon Enterprises, Inc. (RCPD Axon Fleet Cameras) (Page 17 of 32)