R2026-119 Resolution Authorizing a Standard North American Cellular AMI Solution Agreement with Itron, Inc.

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Customer or a third party not under Itron's control.Additional warranty exclusions for specific Itron Equipment may be specified in the attached Itron Equipment Warranty Table. Customer may request that Itron repair Itron Equipment damaged by any of the foregoing;if Itron agrees to make such repairs,Customer may be charged additional Fees. 8.6.Third-Party Equipment Warranty. Itron is not the manufacturer of the Third-Party Equipment and makes no representations or warranties whatsoever,directly or indirectly,express or implied,as to the suitability,durability,fitness for use,merchantability, condition,quality,performance or non-infringement of Third-Party Equipment.Third Party Equipment shall be subject to any warranties provided by the Third-Party Equipment manufacturer. Itron will pass through to Customer,or make commercially reasonable efforts to enforce on Customer's behalf,any warranties and remedies received from the Third-Party Equipment manufacturer. 8.7. Economic Surcharge. For Equipment only,Itron may,from time-to-time upon written notice to Customer,issue surcharges on new and/or unfulfilled Purchase Orders to offset material increases in Itron's associated costs arising from:(i)unusual foreign currency exchange variations;(ii)impacts of duties,tariffs,and other government actions;and(iii)any other macroeconomic circumstances outside of Itron's reasonable control("Economic Surcharges"). Itron will provide Customer with advance notice of any Economic Surcharges_ 9.Maintenance Services 9.1. Primary Services Contacts. 9.1.1. Designation by Customer.Customer shall designate a minimum of one and not more than two Primary Services Contacts for each Covered Product line,to serve as administrative liaisons for all matters pertaining to Maintenance Services for such Covered Product line and shall provide their contact information to Itron's customer account representative. Primary Services Contacts shall promptly report problems with Covered Products by submitting a Service Request for entry into Itron's support tracking system. Although it is Customer's sole right to choose its Primary Services Contacts,Customer and Itron acknowledge that each Primary Services Contact must have the appropriate technical skills and training for the position. If Customer replaces a Primary Services Contact,Customer will provide updated contact information to Itron's customer account representative,and the new Primary Services Contact will be properly trained prior to interfacing with Itron support personnel_ 9.1.2.Training of Principal Services Contacts_ Before a Primary Services Contact interfaces with Itron support personnel,he/she will attend training sessions offered by Itron,an Itron-approved trainer,or Customer's training program approved by Itron to ensure that the Primary Services Contact is(i)knowledgeable about operation of the applicable Covered Products,and(ii)qualified to perform problem determination and remedial functions with respect to such Covered Products.Customer may perform Itron- approved training or may engage Itron to perform training of Primary Services Contacts at Itron's then current rates. Itron will make training sessions available by remote video conference or training will be made available at a location or in a manner mutually agreed by the Parties. Customer shall be responsible for all Customer's associated travel-related expenses and,if the Parties agree that training will be provided at a location other than an Itron-designated facility(e.g.,at a Customer-proposed facility),Customer will also reimburse Itron's travel-related expenses.The Primary Services Contacts must have the skills and capabilities to train other Customer personnel on Covered Products. Itron may update Covered Product training from time to time and,upon receiving notice of such updates from Itron,Customer shall promptly provide such training to its Primary Services Contacts in accordance with this Section. 9.2.Global Support Services&Service Requests. 9.2.1.Global Support Services. Itron will make support representatives available to provide technical support during its then current normal business hours as set forth in the Product Contact Information Sheet included within the Client Services Guidelines Document. Global Support Services include troubleshooting&problem diagnosis relating to Covered Products;release or system management consulting;and recommendations for fully utilizing Covered Products.Customer acknowledges and agrees that Global Support Services are not intended as a substitute for training of Customer personnel,field support,or Itron professional services. Nor will Customer use Global Support Services in lieu of having qualified and trained support personnel of its own. STANDARD NAM Cellular AMI (Water & Gas)