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of Purchased Devices and Services are final, nonrefundable, and cannot be returned, except as set forth herein. If Customer fails to
<br />make any payment when due, Kajeet will have the right, without prejudice to any other remedies it may have, to (i) charge an additional
<br />fee equal to one -and -one-half percent (1.5%), or the maximum allowable per state law, of the overdue amount for each full or partial
<br />month that the amount remains unpaid; and/or (ii) recover reasonable attorney's fees and costs incurred by Kajeet in collecting all
<br />unpaid amounts; and/or (iii) terminate this Agreement.
<br />6.1 E-Rate Funding. If applicable, the Ordering Document shall specify if E-rate funding is available to Customer, which shall be at or
<br />below the "lowest corresponding price" as required by law. If E-rate funding applies, Kajeet shall invoice Customer for their
<br />portion of the payment owed and invoice USAC for the approved portion of the funded amount, as specified in such Ordering
<br />Document. If Customer fails to file a service certification, as required by USAC, and this failure is unrelated to significant program
<br />changes, process obstacles, or termination of E-rate funding that is beyond the control of the Customer, that results in the loss of
<br />E-Rate funding, Customer shall be liable for any unpaid amounts owed to Kajeet. Customer understands and agrees that progress
<br />payments, based on percentage of completion and partial delivery of equipment, are acceptable, Under Invoice Option 2, Kajeet
<br />will be responsible for invoicing USAC for the funded amount unless Customer elects to proceed without receipt of a Funding
<br />Commitment Decision letter from USAC, in such event, Customer shall be liable for the full quoted amount under Invoice Option
<br />6.2 1.
<br />USAC Invoice. USAC shall not be invoiced prior to July 1st of the applicable calendar year. If Customer elects to take delivery after
<br />April 1 of the applicable calendar year, but prior to receipt of a Funding Commitment Decision letter from USAC, then Customer
<br />shall be liable for all amounts owed and agrees to pay any amounts then due to Kajeet and invoice USAC utilizing FCC Form 472
<br />(Billed Entity Application for Reimbursement),
<br />Warranties.
<br />7.1 Competitive Bidding. Customer represents and warrants that it has conducted a competitive bidding process in compliance for
<br />all E-rate Services provided under this Agreement and has selected Kajeet based on the most cost-effective service offering, as
<br />required by E-rate program rules.
<br />7.2 Services Warranty -the Network Guarantee. Kajeet warrants that; (i) during the first thirty (30) days following Customer's receipt
<br />of a shipment of Devices, Customer may request, and Kajeet shall, at its option, replace each Device with a Similar Device and/or
<br />change the Cellular Access to another Supported Carrier, for up to the entire quantity of Devices within that shipment, if the
<br />requested Devices are experiencing Poor Network Coverage; and (ii) after the first thirty (30) day period but during the Service
<br />Term, Customer may request, and Kajeet shall, at its option, replace each Device with a Similar Device and/or change the Cellular
<br />Access to another Supported Carrier, for up to 10% of Customer's deployed Devices each calendar year if the requested Devices
<br />are experiencing Poor Network Coverage. "Poor Network Coverage" means that the applicable Device demonstrates, more than
<br />50% of the time, measured over a 5 day period or more, no service or one bar of coverage from the Supported Carrier. "Similar
<br />Device" means a new or refurbished Device that is, at the time of the replacement, currently sold by Kajeet and has the same or
<br />better Specifications as the Device being replaced, In the event that an upgrade to a higher -tier Device is required, Kajeet will
<br />apply a full credit of the original price paid toward the upgrade provided that Customer pays the difference in price. Only Devices
<br />that demonstrate Poor Network Coverage will be replaced and/or moved to another Supported Carrier. Use of multiple
<br />Supported Carriers does not adversely affect the ability to manage and administer of all Devices using Sentinel.
<br />7,3 Other Services Warranty. During the Service Term the Services will be provided in accordance with the Specifications. For all
<br />Services set forth in Addendums, the warranties, if any, shall be as set forth in the applicable Addendum.
<br />7.4 SIM Card Warranty. Kajeet warrants that all SIM cards will conform to the SIM card Specifications set forth in the appropriate
<br />Ordering Document and shall be free from material defects for a period of one (1) year from the activation date of the SIM card
<br />(the "SIM Card Warranty Period"), Kajeet shall ship to Customer a replacement SIM card for each defective card within 2
<br />business days following notification of defect within the SIM Card Warranty Period. While Kajeet normally does not require the
<br />return of a defective SIM card, Kajeet reserves the right to request the return of the defective SIM card, at Kajeets expense.
<br />7.5 Device Warranties. Kajeet shall pass through to Customer the warranties provided by the manufacturers of the Devices that
<br />Kajeet resells to Customer. Customer shall address all warranty issues directly through Kajeet.
<br />7.6 RMA Process. Prior to returning any Device to Kajeet for repairs, replacement, or under the Network Guarantee, Customer must
<br />obtain a Return Merchandise Authorization number ("RMA#") at support.kajeet.com, or calling or emailing the Kajeet Support
<br />Team. All Network Guarantee warranty requests must include Device information and performance metrics demonstrating Poor
<br />Network Coverage. In addition to providing an RMA#, Kajeet shall provide the ship -to address for the returned Device. Devices
<br />shipped to Kajeet without an RMA# will be returned to Customer at Customer's expense. After repairing or replacing the Device,
<br />Kajeet shall pay all shipping and freight charges, FOB Kajeet's offices, to return the Devices back to Customer unless (i) Customer
<br />has sent a Device to Kajeet that is out of warranty; or (ii) the Device is in working condition and not in need of repair; or (iii) the
<br />Device was sent without an RMA#, in which case Customer agrees to reimburse Kajeet for all shipping and freight charges.
<br />Customer acknowledges that it is solely responsible for backing -up and safeguarding any data stored on the Device at all times
<br />including before shipment to Kajeet.
<br />Kajeet Master Services Agreement (E-Rate) Ver.41114 Rev. November 14, 2024 Pargea
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