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<br /> <br /> <br />Consulting Services Agreement between City of San Leandro and Axon Enterprise, Inc. for Fleet 3 <br />Advanced Last revised [12/19/2023] <br /> Exhibit D – Page 8 of 1 <br />g. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious <br />material; material in violation of third-party privacy rights; or malicious code. <br />14. After Termination. Axon will not delete City Content for ninety (90) days following termination. There will <br />be no functionality of Axon Cloud Services during these ninety (90) days other than the ability to retrieve <br />City Content. City will not incur additional fees if City downloads City Content from Axon Cloud Services <br />during this time. Axon has no obligation to maintain or provide City Content after these ninety (90) days <br />and will thereafter, unless legally prohibited, delete all City Content. Upon request, Axon will provide <br />written proof that Axon successfully deleted and fully removed all City Content from Axon Cloud Services. <br />15. Post-Termination Assistance. Axon will provide City with the same post-termination data retrieval <br />assistance that Axon generally makes available to all customers. Requests for Axon to provide additional <br />assistance in downloading or transferring City Content, including requests for Axon’s data egress service, <br />will result in additional fees and Axon will not warrant or guarantee data integrity or readabil ity in the <br />external system. <br />16. U.S. Government Rights. If City is a U.S. Federal department or using Axon Cloud Services on behalf <br />of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial <br />computer software," "commercial computer software documentation," and "technical data", as defined in <br />the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If City is <br />using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. <br />Government’s needs or are inconsistent in any respect with federal law, City will immediately discontinue <br />use of Axon Cloud Services. <br />17. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: <br />City Owns City Content, Privacy, Storage, Axon Cloud Services Warranty, and Axon Cloud Services <br />Restrictions. <br /> <br />DocuSign Envelope ID: E1B6788D-C642-4C4D-8553-CFF844DE231E