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<br />Consulting Services Agreement between City of San Leandro and Last revised 05/24/2022 <br />Flock Group Inc. for Community Safety Cameras with ALPRs Exhibit A – Page 7 of 11 <br />d. Security Interest. Flock Hardware shall remain the personal property of Flock and <br />will be removed upon the natural expiration of this Agreement at no additional cost <br />to City. City shall not perform any acts which would interfere with the retention of <br />title of the Hardware by Flock. Should City default on any payment of the Flock <br />Services, Flock may remove Hardware at Flock’s discretion. Such removal, if <br />made by Flock, shall not be deemed a waiver of Flock’s rights to any damages <br />Flock may sustain as a result of City’s default and Flock shall have the right to <br />enforce any other legal remedy or right. <br />2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its <br />services under this Agreement does not contemplate work in any areas that contain <br />hazardous materials, or other hazardous conditions, including, without limit, asbestos, <br />lead, toxic or flammable substances. In the event any such hazardous materials are <br />discovered in the designated locations in which Flock is to perform services under this <br />Agreement, Flock shall have the right to cease work immediately in the area affected until <br />such materials are removed or rendered harmless. <br />2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance <br />and functionality of Flock Services and may, from time to time, advise City on changes to <br />the Flock Services, Installation Services, or the Designated Locations which may improve <br />the performance or functionality of the Services or may improve the quality of the Footage. <br />The work, its timing, and the fees payable relating to such work shall be agreed by the <br />Parties prior to any alterations to or changes of the Services or the Designated Locations <br />(“Monitoring Services”). Subject to the terms hereof, Flock will provide City with reasonable <br />technical and on-site support and maintenance services (“On-Site Services”) in-person or <br />by email at support@flocksafety.com. Flock will use commercially reasonable efforts to <br />respond to requests for support. <br />2.10 Special Terms. From time to time, Flock may offer certain “Special Terms” related to <br />guarantees, service and support which are indicated in the proposal and on the order form <br />and will become part of this Agreement, upon City’s consent. To the extent that any terms <br />of this agreement are inconsistent or conflict with the Special Terms, the Special Terms <br />shall control. <br />2.11 Changes to Platform. Flock may, in its sole discretion, make any changes to any system <br />or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or <br />delivery of Flock’s products or services to its agencies, (b) the competitive strength of, or <br />market for, Flock’s products or services, (c) such platform or system’s cost efficiency or <br />performance, or (ii) to comply with applicable law. <br />3. RESTRICTIONS AND RESPONSIBILITIES <br />3.1 City Obligations. Flock will assist City end-users in the creation of a User ID. City agrees <br />to provide Flock with accurate, complete, and updated registration information. City may <br />not select as its User ID a name that City does not have the right to use, or another <br />person’s name with the intent to impersonate that person. City may not transfer its <br />account to anyone else without prior written permission of Flock. Unless otherwise <br />DocuSign Envelope ID: A2405AE9-3231-4579-AE9F-5EEB698E5268