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DocuSlgn Envelope ID: CB13659F.2459-4F6F-BE37-AA4811D1C7BA use of a Permitted User's account or suspected security breach d) Third -party Provider. Customer understands and agrees on behalf of itself and Permitted Users that the Service is provided by a third party that may change from time to time during this Agreement (the "Provider"). As of the Effective Date, the Provider is Sprint Spectrum, L.P, (or an affiliate thereof). Mobile Citizen, as a distributor of the Service, does not assume responsibility for the availability of the Service or the conduct of the Provider. For example, Mobile Citizen does not control or assume responsibility for congestion management, block or rate -control protocols of protocol ports, inhibit or favor any particular applications, impose user device rules or provide end -user security functionality. Customer further understands and agrees on behalf of itself and Permitted Users that the underlying technology and availability of the Service could change after the Effective Date in a manner causing changes or disruptions to the Service ("Provider Service Change"). Any change to or disruption of the Service in connection with the foregoing shall not constitute a breach of this Agreement. e) Equipment. Customer and/or its fiscal sponsor (if applicable) is responsible for ordering through Mobile Citizen all equipment needed for Customer's Permitted Users' use of the Service ("Equipment"). Requirements for Equipment compatibility with the Provider's network are set forth on the Provider's wabsite. Mobile Citizen is not responsible for any failure of the Equipment to function properly with the Service. In addition, Customer is responsible for ensuring that all Equipment and associated components thereof meet the minimum technical requirements posted on Provider's website. Equipment must be activated and authenticated by the Provider prior to first use. All Equipment is delivered Free On Board (FO.B.) Origin unless otherwise agreed. The use of third -party equipment is not permitted without the prior written approval of Mobile Citizen. 2. Pricing, Payment & Other Charges a) Pricing & Payment. Pricing for a Subscription (the "Subscription Fee") and for any Equipment Is set forth in the Order. Pricing is subject to adjustment at the end of the Subscription Term. Payment is due even if Service has been suspended by Mobile Citizen or Provider as permitted by this Agreement. Customer and/or its fiscal sponsor (if applicable) will pay all undisputed amounts invoiced within 30 days of the invoice date and must notify Mobile Citizen in writing of any good faith disputed amounts within such time, in which case Customer and/or its fiscal sponsor (if applicable) may withhold the disputed portions of the invoice pending resolution of the dispute. Payments are otherwise not subject to set off or withholding for any reason. b) Taxes, Fees & Other Charges. Customer will be responsible for all applicable taxes, duties, fees, surcharges, account set-up fees or other costs payable in connection with the Service or otherwise incurred by Mobile Citizen (including Equipment shipping costs), except to the extent Customer can show with documentation satisfactory to Mobile Citizen that Customer (or the Permitted User, as the case may be) is legally exempt from such taxes or fees. The taxes, fees and other charges detailed above may vary on a monthly basis. Mobile Citizen is not required to provide advance notice thereof except as required by law. Surcharges and recovery fees are not taxes and are not required by law, but are set by Mobile Citizen and may change. To the extent permitted under applicable law, Customer also agrees to pay any additional charges or fees applied to its account, including interest and charges due to insufficient credit or Insufficient funds, c) Publicity. Customer may not use or refer to the name, trademarks or logos of Mobile Citizen or Provider in any advertisements, publications or other such media without the prior written consent of Mobile Citizen or Provider, respectively. 2"o111192.14