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DocuSign Envelope ID:688ECEC6-8D4C-440E-A5FF-48D7FC9C9BC4 <br /> & AXON Master Services and Purchasing Agreement <br /> reement <br /> 6 TAP BWC Upgrade. If Agency purchased 3 years of Axon Evidence Unlimited or TAP as a <br /> standalone and makes all payments, Axon will provide Agency a new Axon BWC 3 years after TAP <br /> starts ("BWC Upgrade"). If Agency purchases 5 years of Axon Evidence Unlimited, an OSP, or TAP <br /> as a standalone and makes all payments,Axon will provide Agency a BWC Upgrade 2.5 and 5 years <br /> after TAP starts. If Agency purchased TAP as a standalone, Axon will provide a BWC Upgrade that <br /> is the same or like Device,at Axon's option.Axon makes no guarantee the BWC Upgrade will utilize <br /> the same accessories or Axon Dock. If Agency purchased Axon Evidence Unlimited or an OSP, <br /> Agency may choose a new BWC of Agency's choice. <br /> 7 TAP Dock Upgrade. If Agency purchased 3 years of Dock TAP and makes all payments, Axon will <br /> provide Agency a new Axon Dock 3 years after TAP starts ("Dock Upgrade"). If Agency purchases <br /> 5 years of Axon Evidence Unlimited,an OSP,or Dock TAP and makes all payments,Axon will provide <br /> Agency a Dock Upgrade 2.5 and 5 years after TAP starts. The Dock Upgrade at year 2.5 will only <br /> include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC <br /> compatibility. If Agency originally purchased a single-bay Axon Dock, the Dock Upgrade will be a <br /> single-bay Axon Dock model that is the same or like Device, at Axon's option. If Agency originally <br /> purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the <br /> same or like Device, at Axon's option. <br /> 8 Upgrade Delay.Axon may ship the BWC and Dock Upgrades at year 2.5 without prior confirmation <br /> from Agency unless the Parties agree in writing otherwise at least 90 days in advance. Axon may <br /> ship the second BWC and Dock Upgrade 60 days before the end of the Term without prior <br /> confirmation from Agency. <br /> 9 Upgrade Change. If Agency wants to change Device models for the offered BWC or Dock Upgrade, <br /> Agency must pay the price difference between the MSRP for the offered BWC or Dock Upgrade <br /> and the MSRP for the model desired. If the model Agency desires has an MSRP less than the MSRP <br /> of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the <br /> MSRP in effect at the time of the upgrade. <br /> 10 Return of Original Device. If Axon provides a warranty replacement 6 months before the date of <br /> a BWC Upgrade or Dock Upgrade, the replacement is the upgrade. Within 30 days of receiving a <br /> BWC or Dock Upgrade,Agency must return the original Devices to Axon or destroy the Devices and <br /> provide a certificate of destruction to Axon including serial numbers for the destroyed Devices. If <br /> Agency does not return or destroy the Devices, Axon will deactivate the serial numbers for the <br /> Devices received by Agency. <br /> 11 Termination. If Agency's payment for TAP, OSP, or Axon Evidence is more than 30 days past due, <br /> Axon may terminate TAP or OSP.Once TAP or OSP terminates for any reason: <br /> 11.1. TAP and OSP coverage terminates as of the date of termination and no refunds will be <br /> given. <br /> 11.2. Axon will not and has no obligation to provide the Upgrade Models. <br /> 11.3. Agency must make any missed payments due to the termination before Agency may <br /> purchase any future TAP or OSP. <br /> Title: Master Services and Purchasing Agreement between Axon and Agency <br /> Department: Legal <br /> Version: 8.0 <br /> Release Date: 11/8/2019 Page 14 of 19 <br />