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TERMS AND CONDITIONS OF EXTENDED SERVICE
<br />1, Scope of Extended ervice Agreement. The scope of the Extended Service Agreement (the "Service Agreement") covers the
<br />Equipment and any Software delivered by Daktronics that Is delivered under the terms of the applicable software agreement between
<br />Purchaser and Daktronics, and shall also Include those services defined on Attachment A, SCOPE OF SERVICES (excluding maintenance
<br />services which are the responsibility of Purchaser as defined on Attachment A or services which may be purchased For an additional fee)
<br />(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
<br />terms and conditions of this Service Agreement. The provisions of this Service Agreement shall control In the event of any conflicting
<br />provision in Purchaser's form.
<br />3. Commencement Date. The Services shall begin upon the date stated as the 'Commencement Date' as detailed elsewhere In this
<br />agreement,
<br />4, Conditions Precedent. Daktronics reserves the right to suspend Its performance in the event Purchaser falls to: (a) make payment as
<br />required, (b) maintain the Equipment within the recommended environmental conditions, Including but not limited to appropriate
<br />ventilatlon/air conditioning for Its location (Air conditioning systems must be. maintained according to manufacturer's specif (cations), (c)
<br />perform preventative maintenance not Included within this Service Agreement, or (d) perform any other obligation Including, without
<br />limitation, complying with the terms of any software agreenrcot between Purchaser and Daktronics,
<br />5. Payment. Purchaser agrees to pay Daktronics according to the Payment Schedule. Unless otherwise stated, the price Is exclusive of
<br />federal, state and local taxes, Including without limitation sales, use, excise, privilege, or transactional taxes, but excluding Daktronics'
<br />Income. tax ('Tax'). Purchaser shall promptly pay upon demand such applicable Tax. Purchaser must present a valid exemption
<br />certificate if It claims any exemption from Tax, Late payments shall accrue Interest at the rate of 1.5% per month or the highest amount
<br />permitted by law, whichever is lower.
<br />6. Spare Parts Package, In the event the Equipment was purchased with a spare parts package, the parties acknowledge and agree that
<br />the spare parts package Is designed to exhaust over the life of the Equipment and, as such, the replenishment or the packageis not
<br />included In the scope of this Service Agreement.
<br />7. Limitations of Coverage. This Service Agreement does not cover. (a) service due to: (1) inadequate or Improper power, including
<br />wlthout limitation a sudden surge of electrical power; (If Improper handling, installation, adjustment, service, care, maintenance,
<br />storage or use of the Equipment; (ill) a Force MAjeure Event; (iv) environmental conditions outside the Equipment's technical
<br />specifications (including, without limitation excessive temperatures, corrosives, and metallic pollutants); (v) defects or failures occurring
<br />during a lapse In service coverage; (vi) incorporation of accessories, attachments, software or other devices or systems not furnished by
<br />Daktronies7 or (vil) any other cause other than ordinary use; (b) the provision of replacement communication methods (such as wire,
<br />metallic or fiber optic cable, conduit, trenching or other solutions) for the purpose of overcoming local site Interference; (c) LED
<br />degradation occurring within Daktronics technical specifications (degradation means the LED continues to emit light, but at some lesser
<br />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 Equ lament; (g)
<br />batteries; (h) third -party systerns and other ancillary equipment Including without limitation front-end video control systems, audio
<br />systems, video processors and players, HVAC equipment, and LCD screens; and (1) the security or functionality of End User's network or
<br />systems, including anti -virus software updates.
<br />8. Actions that Void the Service Agreement. Daktronics shall be under no obligation to continue service under this Service Agreement if
<br />the Equipment or Software is: (a) moved from Its location of initial installation or reinstalled without the prior written approval of
<br />Daktronics (unless the equipment was designed by Daktronics to be mobile), or (b) Improperly repaired or altered in a manner
<br />Inconsistent with the Equipment manufacturer's standards or recommendations.
<br />9. Service. Providers. Daktronics may select the parties delivering services under this Service Agreement at Its reasonable discretion.
<br />10, Access to the Equipment. The Purchaser shall provide unfettered, solid, safe and unrestricted access to the Equipment (including„ if
<br />requested, any installed Software) taking into account environmental or site conditions. Unless otherwise specified on Attachment A,
<br />the Purchaser shall be required to provide any lifts or access equipment. Additional equipment or personnel required for safety, as
<br />determined by Daktronics in its 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 Service Agreement during the existence
<br />of 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 tinder this Service Agreement unit I 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 and Software, fhe
<br />Purchaser shall promptly notify Daktronics of Equipment and Software failure. Waiver of liability or other restrictions shall not he
<br />imposed as a requirement prior to accessing the .site
<br />Proposal Date: 12 September 2016
<br />Order No. E13750-2
<br />Copyright © Daktronics, Inc. DF-2940 Rev-111ANIC Page 6 of 8
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