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