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PRESID10'
<br /> fS[Cjjf Service Request Future.Built.
<br /> 1 the subjectsservice
<br /> hereof.An
<br /> This se des all prior written or oral agreements, representations and understandings related to
<br /> Any purchase order submitted pursuant to this SOW shall be subject to the terms herein
<br /> and shall not be subject to any new or different terms, including pre-printed terms on such order.All changes to this
<br /> agreement must be executed in writing and accepted by both parties,as indicated by authorized signature, prior to the
<br /> execution of work.
<br /> 2. Modifications in project scope may necessitate a change order.
<br /> 3. Client's acceptance of all deliverables described in this agreement and of the completion of the project 9 p p l t shall be in
<br /> writing. Deliverable acceptance shall be in the form of an email or signature(as applicable)and final project
<br /> acceptance shall be in the"Project Completion Signoff'form, provided by the project manager. If acceptance is
<br /> refused,the Client shall provide, in writing to Presidio,a reason for refusal. Presidio shall address the issue before
<br /> subsequent work is undertaken.
<br /> 4. Work shall be warrantied for 30 days after completion. Product is warrantied per manufacturer warranty policies.
<br /> Presidio will hold no responsibility for any changes made"after"releasing the system to the Client. Presidio expressly
<br /> disclaims any liability for non-performance or the delivery of poor quality of services resulting from errors or omissions
<br /> in information provided to Presidio by Client,whether or not Presidio knew or should have known of any such errors or j
<br /> omissions,or whether Presidio was responsible for or participated in gathering of such information.
<br /> 5. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,
<br /> SPECIAL, CONSEQUENTIAL, EXEMPLARY,OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER,ARISING IN
<br /> CONTRACT,TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH
<br /> PARTY'S ENTIRE LIABILITY AND EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER,
<br /> INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE OR MISREPRESENTATION,AND REGARDLESS OF
<br /> THE FORM OF ACTIONS, SHALL BE LIMITED TO THE AMOUNT WHICH HAS BEEN ACTUALLY PAID TO
<br /> PRESIDIO BY CLIENT HEREUNDER.
<br /> 6. During the term of this Agreement and for one(1)year following the completion of this project, neither party shall (a)
<br /> solicit,offer to hire,or hire an employee,agent,or contractor of the other party,or(b)assist any third party who
<br /> wishes to solicit,offer to hire,or hire an employee,agents,or contractor of the Other Party without a prior written
<br /> consent of the Other Party.
<br /> 7. Presidio will only be responsible for migrating the data from the old 2700 series array to the new 2800 series array,
<br /> ensure it can communicate on the network and with its needed applications, but any configuration changes needed to
<br /> be made with the applications themselves is not in scope and would require a project change request.
<br /> Client Responsibilities
<br /> 1. The Client,with assistance from Presidio,shall verify operation of any installed/upgraded equipment per the
<br /> predefined Verification Plan. Presidio will require the Client to witness the verification of the solution,as well as sign
<br /> off on the completed verification plan.
<br /> 2. Client will designate a single point of contact with authority to act on all aspects of the services provided and to
<br /> coordinate the activities of internal personnel,Telco,and other circuit providers,and all non-Presidio third-party
<br /> contractors as applicable.
<br /> 3. Client resources and site access must be readily and/or continuously available over the engagement period.
<br /> 4. The Client is responsible for having in place,active manufacturer support contracts on all devices that are the subject
<br /> of this SOW.
<br /> 5. The Client is responsible for modifying any necessary applications pointing to the existing 2700 series array. Once
<br /> the replacement 2800 series array is configured and all data is migrated, Presidio will ensure the applications can
<br /> access the new storage array,but any modifications to the applications will need to be completed by the Client.
<br /> 6. The Client is responsible for racking and cabling all equipment.
<br /> Project Management
<br /> Presidio will provide a Project Manager(PM),who will be single point of contact for all project support issues within the scope
<br /> of this project, is experienced in project management best practice methodologies and is familiar with the technology involved.
<br /> This Project Manager is responsible for the overall project timeline,scope,budget management, resource scheduling/tracking,
<br /> communication planning,and execution in accordance with the Presidio Lifecycle Methodology.
<br /> Included for our standard Project Management offering for this engagement:
<br /> • Kickoff meeting with presentation (remote)
<br /> Planning and design session facilitation(remote)
<br /> • Working calls as required(remote)
<br /> • Deliverable/milestone tracking
<br /> Resource scheduling and oversight
<br /> • Scope/budget management
<br /> Closeout meeting(remote)
<br /> Storage Expansion Confidential and Proprietary Page 2 of 3
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