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Terms and Conditions of Extended Service
<br />1. Scope of Extended Service Agreement. The scope of the Extended Service Agreement covers the Equipment and includes those services defined on
<br />Attachment A (excluding maintenance services which are the responsibility of Purchaser as defined on Attachment A or services which may be purchased
<br />for an additional fee) (the "Services"). Response Times are defined on Attachment A.
<br />2. Contract Documents. The parties agree that any subsequently-issued Purchaser form, such as a purchase order, shall incorporate the terms and
<br />conditions of this Agreement. The provisions of this Agreement shall control in the event of any conflicting provision in Purchaser's form.
<br />3. Commencement Date. The Services shall begin upon the date stated as the "Commencement Date" on the cover page of this Agreement.
<br />4. Conditions Precedent. Daktronics reserves the right to suspend its performance in the event Purchaser fails to: (a) make payment as required, (b)
<br />maintain the Equipment within the recommended environmental conditions, including but not limited to appropriate ventilation/air conditioning for its
<br />location (Air conditioning systems must be maintained according to manufacturer's specifications), or (c) perform any other obligation.
<br />5. Payment. Purchaser agrees to pay Daktronics according to the Payment Schedule. Unless otherwise stated, the price is exclusive of federal, state and
<br />local taxes, including without limitation sales, use, excise, privilege, or transactional taxes, but excluding Daktronics' income tax ("Tax"). Purchaser shall
<br />promptly pay upon demand such applicable Tax. Purchaser must present a valid exemption certificate if it claims any exemption from Tax. Late payments
<br />shall accrue interest at the rate of 1.5% per month.
<br />6. Spare Parts Package. In the event the Equipment was purchased with a spare parts package, the parties acknowledge and agree that the spare parts
<br />package is designed to exhaust over the life of the Equipment and, as such, the replenishment of the package is not included in the scope of this Extended
<br />Services Agreement.
<br />7. Limitations of Coverage. This Agreement does not cover (a) service due to: (i) inadequate or improper power, (ii) improper care, maintenance, storage
<br />or use of the Equipment, (iii) a Force Majeure Event, (iv) environmental conditions outside the Equipment's technical specifications (including, without
<br />limitation excessive temperatures, corrosives, and metallic pollutants), or (v) incorporation of accessories, attachments, or other devices not furnished by
<br />Daktronics; (b) the provision of replacement communication methods (such as wire, fiber optic cable, conduit, trenching or other solutions) for the purpose
<br />of overcoming local site interference; (c) LED degradation occurring within Daktronics technical specifications (degradation means the LED continues to emit
<br />light, but at some lesser level of brightness);.(d) paint or refinishing the Equipment or furnishing material for this purpose; (e) pixel failure less than a total of
<br />.5% of the overall display, or in the case of free form elements, one entire element; (f) electrical work external to the Equipment; (g) batteries; or (h)
<br />metallic or fiber optic data cable.
<br />8. Actions that Void the Service Agreement. Daktronics shall be under no obligation to continue service under this Agreement if the Equipment is: (a)
<br />moved from its location of initial installation or reinstalled without the prior written approval of Daktronics (unless the equipment was designed by
<br />Daktronics to be mobile), or (b) improperly repaired or altered in a manner inconsistent with the Equipment manufacturer's standards or
<br />recommendations.
<br />9. Service Providers. Daktronics may select the parties delivering services under this Agreement at its reasonable discretion.
<br />10. Access to the Equipment. The Purchaser shall provide unfettered, solid, safe and unrestricted access to the Equipment, taking into account
<br />environmental or site conditions. Unless otherwise specified on Attachment A, the Purchaser shall be required to provide any lifts or access equipment.
<br />Additional equipment or personnel required for safety, as determined by Daktronics in its reasonable discretion, shall be billed separately on a time and
<br />material basis.
<br />11. Adverse Conditions. In no event shall Daktronics be obliged to perform Services under this Agreement during the existence of Adverse Conditions.
<br />"Adverse Conditions" include without limitation, the following: severe inclement weather, hazardous site conditions including infestations of animals or
<br />dangerous insects, saturated ground conditions, or residence or occupation by unauthorized personnel. The determination of a site condition as an Adverse
<br />Condition shall be at the reasonable discretion of Daktronics. Inaccessibility due to Adverse Conditions will exempt a location from coverage under this
<br />Agreement until such time as the Equipment becomes safely accessible once again.
<br />12. Cooperation. Purchaser shall fully cooperate with Daktronics in connection with the service of the Equipment. The Purchaser shall promptly notify
<br />Daktronics of Equipment failure. Waiver of liability or other restrictions shall not be imposed as a requirement prior to accessing the site.
<br />13. Return Items. All items returned to Daktronics must have a Return Material Authorization (RMA) number. For exchange items, the number is included
<br />with the shipment of the exchange unit. For repair items, an RMA number can be obtained by phone (800-325-8766), (International +1-605-697-4000), fax
<br />(605-697-4444) unless otherwise directed by Daktronics.
<br />Proposal Date: 29 February 2012; Revised: 19 September 2012
<br />Order No. E13750-1 A
<br />Copyright © Daktronics, Inc. DF-2939 Rev113011 25E413
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