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<br />Consulting Services Agreement between City of San Leandro and July 1, 2023 <br />Flock Group Inc. Exhibit A – Page 6 of 9 <br />City shall not perform any acts which would interfere with the retention of title of the <br />Hardware by Flock. Should City default on any payment of the Flock Services, Flock <br />may remove Hardware at Flock’s discretion. Such removal, if made by Flock, shall not <br />be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of <br />City’s default and Flock shall have the right to 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, lead, <br />toxic or flammable substances. In the event any such hazardous materials are discovered in <br />the designated locations in which Flock is to perform services under this Agreement, Flock <br />shall have the right to cease work immediately in the area affected until such materials are <br />removed or rendered harmless. <br />2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and <br />functionality of Flock Services and may, from time to time, advise City on changes to the Flock <br />Services, Installation Services, or the Designated Locations which may improve the <br />performance or functionality of the Services or may improve the quality of the Footage. The <br />work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior <br />to any alterations to or changes of the Services or the Designated Locations (“Monitoring <br />Services”). Subject to the terms hereof, Flock will provide City with reasonable technical and <br />on-site support and maintenance services (“On-Site Services”) in-person or by email at <br />support@flocksafety.com. Flock will use commercially reasonable efforts to respond to <br />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 of <br />this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall <br />control. <br />2.11 Changes to Platform. Flock may, in its sole discretion, make any changes to any system or <br />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 /> <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 to <br />provide Flock with accurate, complete, and updated registration information. City may not select <br />as its User ID a name that City does not have the right to use, or another person’s name with <br />the intent to impersonate that person. City may not transfer its account to anyone else without <br />prior written permission of Flock. Unless otherwise required by law, City will not share its account <br />or password with anyone, and must protect the security of its account and password. City is <br />responsible for any activity associated with its account. City shall be responsible for obtaining <br />and maintaining any equipment and ancillary services needed to connect to, access or otherwise <br />DocuSign Envelope ID: A27DE86C-2E5A-47BE-AFF7-89F3B6BF13F4