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safetyffock
<br />Agency notifies the Flock of a Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no
<br />additional cost. In the event that a Unit is lost, stolen, or damaged, Flock agrees to replace the Unit at a fee
<br />according to the then -current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall
<br />not be required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that
<br />functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen units
<br />and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or
<br />Implementation Fees owed be impacted.
<br />7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 above if any of the following exclusions
<br />apply: (a) misuse of the Hardware or Embedded Software in any manner, including operation of the Hardware or
<br />Embedded Software in any way that does not strictly comply with any applicable specifications, documentation, or
<br />other restrictions on use provided by Flock; (b) damage, alteration, or modification of the Hardware or Embedded
<br />Software in any way; or (c) combination of the Hardware or Embedded Software with software, hardware or other
<br />technology that was not expressly authorized by Flock.
<br />7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the
<br />Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation
<br />Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean
<br />and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for
<br />unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond
<br />Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail
<br />of any scheduled service disruption.
<br />7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY'S SOLE REMEDY, AND
<br />FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE HARDWARE AND/OR EMBEDDED
<br />SOFTWARE, THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR
<br />ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
<br />FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE
<br />SERVICES AND INSTALLATION SERVICES ARE PROVIDED "AS IS" AND FLOCK DISCLAIMS ALL
<br />WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
<br />OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON -INFRINGEMENT
<br />.THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING
<br />LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6,
<br />BY THE LAW OF THE STATE OF GEORGIA.
<br />7.5 Insurance. Flock and Agency will each maintain commercial general liability policies with policy limits
<br />reasonably commensurate with the magnitude of their business risk. Certificates of Insurance will be provided upon
<br />request.
<br />7.6 Force Majeure. Flock Safety is not responsible nor liable for any delays or failures in performance from any
<br />cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war,
<br />terrorist acts, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power
<br />blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or
<br />omissions of Agency or any Authorized End User.
<br />8. LIMITATION OF LIABILITY AND INDEMNITY
<br />8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS
<br />SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),
<br />OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE
<br />RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR
<br />TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT
<br />LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE
<br />OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR
<br />Resolution 20-21 Page 1 I
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