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Docusign Envelope ID:DA411727-B3A7-4B6F-AC98-ED7692626C6A <br /> MSSA H:00045246 <br /> Master Security Services Agreement <br /> 4.2.4 in performing its obligations under this Agreement, it will comply with all data protection laws applicable to <br /> eSentire in the performance of its obligations hereunder (which, for the avoidance of doubt, excludes any <br /> laws exclusively applicable to Client)and will use the same efforts to safeguard and prevent the misuse of all <br /> Personal Information disclosed to it under this Agreement or in the course of providing the Services as it does <br /> in protecting its own Confidential Information; <br /> 4.2.5 neither this Agreement nor the performance of or exercise of rights under this Agreement will violate,conflict <br /> with,or result in the breach of any term,condition,or provision of any agreement or legal obligation(whether <br /> or not existing at the Effective Date)to which eSentire is a party or by which it may be bound,or constitute a <br /> default thereunder;and <br /> 4.2.6 deliverables will conform substantially to the specifications for the same,if any,set out in the applicable Order <br /> Form. <br /> 4.3 Client Warranties. Client represents,warrants,and covenants to eSentire as follows: <br /> 4.3.1 it is duly organized and existing under the laws of its own jurisdiction and is not under any contractual <br /> obligation that would preclude it from entering into this Agreement or granting access to eSentire as provided <br /> herein to provide the Services; <br /> 4.3.2 in accessing and using the Services and in otherwise performing its obligations under this Agreement,Client <br /> will comply with all applicable Requirements of Law and all applicable export and encryption laws and <br /> regulations,and will not provide or provide access to a decryption key to eSentire; <br /> 4.3.3 Client has all rights necessary to provide eSentire with access to Client Data and Systems for use in accordance <br /> with the terms of this Agreement,and eSentire's use of any Client Data in accordance with the terms of this <br /> Agreement will not violate the rights of any third party; <br /> 4.3.4 if Client(1)orders Services hereunder to be performed by eSentire with respect to any third-party devices, <br /> data, facilities, or environments or (2) deploys agents to third-party endpoints for purposes of Services <br /> ordered hereunder (collectively, "Third Party Services"), Client has obtained all required authorizations <br /> including,without limitation,the prior consent of all such third parties for any such Third Party Services;and <br /> 4.3.5 neither this Agreement nor the performance of or exercise of rights underthis Agreement will violate,conflict <br /> with,or result in the breach of any term,condition,or provision of any agreement or legal obligation(whether <br /> or not existing at the Effective Date)to which Client is a party or by which it may be bound,or constitute a <br /> default thereunder. <br /> 4.4 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL <br /> OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECTTO THE SUBJECT MATTER OF THIS AGREEMENT, <br /> EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A <br /> PARTICULAR PURPOSE. CLIENT HEREBY ACKNOWLEDGES AND AGREES THAT,WHILE ESENTIRE WILL USE ITS <br /> BEST EFFORTS TO DETECT INAPPROPRIATE OR UNAUTHORIZED TRAFFIC OR CONTENT WITHIN CLIENT'S <br /> SYSTEMS AND NETWORK, DUE TO THE NATURE OF THE INTERNET AND ITS USERS, ESENTIRE DOES NOT <br /> WARRANT THAT IT WILL BE ABLE TO DETECT ALL SUCH CONTENT AND TRAFFIC. <br /> 5. Supply of Software and Hardware <br /> 5.1 To provide the Services,certain e5entire Equipment may be installed at Client's premises as set forth in the <br /> applicable Order Form. Client acknowledges and agrees that all such eSentire Equipment shall, at all times, <br /> be considered to be personal property of eSentire and its licensors and not Client's property or a part of <br /> Client's premises. Client will take all reasonable action to protect the eSentire Equipment from theft,damage, <br /> or destruction as if such hardware and software were owned by Client. <br /> 5.2 With Client's consent, eSentire, or its authorized third parties, may during normal business hours and upon <br /> reasonable notice, enter upon Client's premises and remove the eSentire Equipment, provided that such <br /> removal is not disruptive to the provision of the Services. <br /> City of Santa Ana-March 26,2025 Page 4 of 12(2023-11) <br />