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Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal <br />Version: 11.0 Release Date: 8/6/2020 <br />Axon Respond to Agency. If Agency purchases Axon Respond as a standalone, the Axon Respond subscription <br />begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the <br />Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence <br />Subscription associated with Axon Respond. <br />2.Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness <br />during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon <br />Respond outside this scope, Axon may initiate good-faith discussions with Agency on upgrading Agency’s Axon <br />Respond to better meet Agency’s needs. <br />3.Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn <br />camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is <br />unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize <br />a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without <br />Agency’s consent. <br />4.Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured <br />with LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and <br />availability of LTE service is subject to Agency’s LTE carrier. <br />5.Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the <br />operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities <br />limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely <br />affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage <br />in a service area and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of <br />third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, <br />relocations, repairs, and other similar activities necessary for the proper or improved operation of service. <br />5.1.With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no <br />warranties or representations as to the availability or quality of roaming service provided by carrier <br />partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier <br />partner networks. Agency expressly understands and agrees that it has no contractual relationship <br />whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not <br />a third-party beneficiary of any agreement between Axon and the underlying carrier. <br />Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond <br />or bundles that include Axon Respond, Axon will end Axon Respond services, including any <br />Axon-provided LTE service. <br />ATTY/AGR.2022.299/Axon Enterprises, Inc. (RCPD Axon Fleet Cameras) (Page 32 of 32)