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07
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2020
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07
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5/14/2020 3:34:14 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/19/2020
DESTRUCT DATE
15Y
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DocuSign Envelope ID:688ECEC6-8D4C-440E-A5FF-48D7FC9C9BC4 <br /> A AXO N Master Services and Purchasing Agreement <br /> reement <br /> Axon Aware Appendix <br /> This Axon Aware Appendix applies to both Axon Aware and Axon Aware Plus.Axon Aware Plus includes <br /> Axon Aware. <br /> 1 Axon Aware Subscription Term. If Agency purchases Axon Aware as part of a bundled offering, <br /> the Axon Aware subscription begins on the later of the (1) start date of that bundled offering,or(2) <br /> date Axon provisions Axon Aware to Agency. <br /> If Agency purchases Axon Aware as a standalone, the Axon Aware subscription begins the later of <br /> the (1) date Axon provisions Axon Aware to Agency, or (2) first day of the month following the <br /> Effective Date. <br /> The Axon Aware subscription term will end upon the completion of the Axon Evidence Subscription <br /> associated with Axon Aware. <br /> 2 Scope of Axon Aware. The scope of Axon Aware is to assist Agency with real-time situational <br /> awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the <br /> event Agency uses Axon Aware outside this scope, Axon may initiate good-faith discussions with <br /> Agency on upgrading Agency's Axon Aware to better meet Agency's needs. <br /> 3 Long Term Evolution (LTE) Requirements. Axon Aware is only available and usable with an LTE <br /> enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the <br /> coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, <br /> including any U.S.territories.Axon may utilize a carrier of Axon's choice to provide LTE service.Axon <br /> may change LTE carriers during the Term without Agency's consent. <br /> 4 Axon Aware Service Limitations. Agency acknowledges that LTE service is made available only <br /> within the operating range of the networks. Service may be temporarily refused, interrupted, or <br /> limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, <br /> terrain,other natural or artificial conditions adversely affecting transmission,weak batteries,system <br /> overcapacity, movement outside a service area or gaps in coverage in a service area and other <br /> causes reasonably outside of the carrier's control such as intentional or negligent acts of third <br /> parties that damage or impair the network or disrupt service; or (c) equipment modifications, <br /> upgrades, relocations, repairs, and other similar activities necessary for the proper or improved <br /> operation of service. <br /> Partner networks are made available as-is and the carrier makes no warranties or representations <br /> as to the availability or quality of roaming service provided by carrier partners, and the carrier will <br /> not be liable in any capacity for any errors, outages, or failures of carrier partner networks.Agency <br /> expressly understands and agrees that it has no contractual relationship whatsoever with the <br /> underlying wireless service provider or its affiliates or contractors and Agency is not a third-party <br /> beneficiary of any agreement between Axon and the underlying carrier. <br /> 5 Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Aware or <br /> bundles that include Axon Aware, Axon will end LTE service. <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 18 of 19 <br />
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