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DocuSign Envelope ID:688ECEC6-8D4C-440E-A5FF-48D7FC9C9BC4 <br /> AAXON Master Services and Purchasing Agreement <br /> will be liable for direct, special, indirect, incidental, punitive or consequential <br /> damages, however caused, whether for breach of warranty or contract, negligence, <br /> strict liability, tort or any other legal theory, except as provided in section 12 <br /> (Indemnification). <br /> 8 Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, and Axon Fleet, <br /> may require a Statement of Work that details Axon's Service deliverables ("SOW"). In the event Axon <br /> provides an SOW to Agency,Axon is only responsible to perform Services described in the SOW.Additional <br /> services are out of scope.The Parties must document scope changes in a written and signed change order. <br /> Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this <br /> Agreement by reference. <br /> 9 Device Warnings. See www.axon.com/legal for the most current Axon device warnings. <br /> 10 Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency <br /> or making the same change to Devices and Services previously purchased by Agency. <br /> 11 Insurance. During the term of this Agreement,Axon shall maintain in full force and effect, at its own cost <br /> and expense, insurance coverages with insurers with an A.M. Best's rating of no less than A:VII. Axon shall <br /> have the obligation to furnish Agency, as additional insured, the minimum coverages identified below, or <br /> such greater or broader coverage for Agency, if available in Axon's policies: <br /> 11.1 General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of <br /> at least $2,000,000 combined limit for bodily injury and property damage that provides that the <br /> Agency, its officers, employees and agents are named as additional insureds under the policy as <br /> evidenced by an additional insured endorsement satisfactory to Agency. The policy shall state in <br /> writing either on the Certificate of Insurance or attached rider that this insurance will operate as <br /> primary insurance for work performed by Axon and its subcontractors,and that no other insurance <br /> effected by Agency or other named insured will be called on to cover a loss. <br /> 11.2 Automobile Liability Insurance. Automobile liability insurance with limits not less than $2,000,000 <br /> per person/per occurrence. <br /> 11.3 Workers' Compensation Insurance. Workers' Compensation Insurance for all of Axon's employees, <br /> in strict compliance with State laws, including a waiver of subrogation and Employer's Liability <br /> Insurance with limits of at least $1,000,000. <br /> 11.4 Certificate of Insurance. Axon shall file a certificate of insurance and endorsement with the Agency <br /> prior to the Agency's execution of this Agreement,and prior to engaging in any operation or activity <br /> set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance <br /> afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in <br /> limits without providing notice to the Agency in accordance with California Insurance Code section <br /> 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; <br /> 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective <br /> date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for <br /> fraud, the notice shall be given no less than 10 days prior to the effective date of the <br /> cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the <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 3 of 19 <br />