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19
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 />AXON Master Services and <br />_ 9 Agreement <br />Purchasing <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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