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flock safety
<br /> will immediately cease.Agency shall ensure that Flock is granted access to collect all Units and shall ensure that
<br /> Flock personnel does not encounter Hazardous Conditions in the collection of such units. Upon termination of this
<br /> Agreement,Agency will immediately cease all use of Flock Services.
<br /> 6.5 No-Fee Term.The initial No-Fee Term will extend,after entering into this Agreement,for 30 days from the
<br /> date a Non-Agency End User grants access to their Footage and/or Notifications.In expectation of repeated non-
<br /> continuous No-Fee Terms,Flock may in its sole discretion leave access open for Agency's Authorized End Users
<br /> despite there not being any current Non-Agency End User authorizations. Such access and successive No-Fee
<br /> Terms are deemed to be part of the No-Fee Term. Flock,in its sole discretion,can determine not to provide
<br /> additional No-Fee Terms or can impose a price per No-Fee Term upon 30 days'notice. Agency may terminate any
<br /> No-Fee Term or access to future No-Fee Terms upon 30 days'notice.
<br /> 6.6 Survival.The following Sections will survive termination:2.4,2.5,3,4,5(with respect to any accrued rights to
<br /> payment),6.5,7.4,8.1,8.2,8.3,8.4,9.1 and 10.5.
<br /> 7.REMEDY;WARRANTY AND DISCLAIMER
<br /> 7.1 Remedy.Upon a malfunction or failure of Hardware or Embedded Software(a"Defect"),Agency must
<br /> first make commercially reasonable efforts to address the problem by contacting Flock's technical support as
<br /> described in Section 2.9 above. If such efforts do not correct the Defect,Flock shall,or shall instruct one of its
<br /> contractors to repair or replace the Hardware or Embedded Software suffering from the Defect. Flock
<br /> reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect
<br /> until after it has inspected and tested the affected Unit provided that such inspection and test shall occur
<br /> within seventy-two(72)hours after Agency notifies the Flock of a Defect.In the event of a Defect,Flock will
<br /> repair or replace the defective Unit at no additional cost.In the event that a Unit is lost,stolen,or damaged,
<br /> Flock agrees to replace the Unit at a fee according to the then-current Reinstall Policy
<br /> (https://www.flocksafety.com/reinstall-fee-schedule).Agency shall not be required to replace subsequently
<br /> lost,damaged or stolen Units,however,Agency understands and agrees that functionality,including Footage,
<br /> will be materially affected due to such subsequently lost,damaged or stolen units and that Flock will have no
<br /> liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees
<br /> owed be impacted.
<br /> 7.2 Exclusions.Flock will not provide the remedy described in Section 7.1 above if any of the following exclusions
<br /> apply:(a)misuse of the Hardware or Embedded Software in any manner,including operation of the Hardware or
<br /> Embedded Software in any way that does not strictly comply with any applicable specifications,documentation,or V
<br /> other restrictions on use provided by Flock;(b)damage,alteration,or modification of the Hardware or Embedded
<br /> Software in any way;or(c)combination of the Hardware or Embedded Softw re with software,harclware or other
<br /> technology that was not expressly authorized by Flock. do l � j J i0L
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<br /> 7.3 Warranty.Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the
<br /> Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation
<br /> Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled
<br /> maintenance or for unscheduled emergency maintenance,either by Flock or by third-party providers,or because of
<br /> other causes beyond Flock's reasonable control,but Flock shall use reasonable efforts to provide advance notice in
<br /> writing or by e-mail of any scheduled service disruption.
<br /> 7.4 Disclaimer.THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY'S SOLE REMEDY,AND
<br /> FLOCK'S SOLE LIABILITY,WITH RESPECT TO DEFECTIVE HARDWARE AND/OR EMBEDDED
<br /> SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR
<br /> ERROR FREE;NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
<br /> FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION,THE
<br /> SERVICES AND INSTALLATION SERVICES ARE PROVIDED"AS IS"AND FLOCK DISCLAIMS ALL
<br /> WARRANTIES,EXPRESS OR IMPLIED,INCLUDING,BUT NOT LIMITED TO,IMPLIED WARRANTIES
<br /> OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
<br /> .THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING
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