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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2020
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100620
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19
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3/12/2021 1:29:10 PM
Creation date
9/30/2020 10:52:42 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/6/2020
DESTRUCT DATE
15Y
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DocuSign Envelope ID: 688ECEC6-8D4C-440E-A5FF-48D7FC9C9BC4 <br />AXONMaster Services and Purchasinq Aqreement <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 />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 />
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