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Agenda 06-15-21The City of Boynton Beach City Commission Agenda Tuesday, June 15, 2021, 4:15 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Woodrow L. Hay (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. °a�1111rIN°„',mf www.boynton-beach.org Page 1 of 943 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on June 15, 2021 or calling (561) 742-6006 and leaving a message on the public comment hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item number(s) for your comments. Comments received by the deadline will be included in the meeting minutes for the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. Page 2 of 943 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 943 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call Closed Door Session In accordance with Section 286.011(8) Florida Statutes, the City Commission will hold a closed - door session on Tuesday, June 15, 2021 beginning at 4:15 p.m., Patrick McFadden, Plaintiff vs. City of Boynton Beach, and Mark Sohn, Defendants — United States District Court, Southern District of Florida, Case Number: 9:20-cv 81237 -RS In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Approximately 45 minutes will be needed. Invocation by Rev. Laurie Durgan, Unity of Delray Pledge of Allegiance to the Flag led by Vice Mayor Hay Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. State Representative Omari Hardy to provide an update on the 2021 Florida Legislative Session. B. Report from Chief Stables on the COVID-19 vaccine distribution at the Ezell Hester Community Center. C. Citation recognizing Mrs. Sue Jones, RN for her volunteerism in assisting the City with the COVI D-19 vaccine distribution efforts at the Ezell Hester Community Center. D. Proclamation recognizing June 19, 2021 as Juneteenth Day, a celebration of freedom. Darryl Sanders, Jr. of ChevyDTV Foundation, Inc. will accept the proclamation. E. Announcement of the City of Boynton Beach's 4th of July - Red, White & Blue with a Waterfront View Event, by Eleanor Krusell, Marketing & Events Director. F. Announce the FY 2021/2022 budget workshops to be located at the Police Station Community Room, 2100 High Ridge Road at the following dates and times: Monday July 12, 2021: 5:30 p.m. Tuesday, J my 13, 2021: 10:00 a. m. Wednesday, July 14, 2021: 2:00 p.m. (If needed) The Commission adopts a Preliminary Fire Assessment Resolution and Tentative Millage Rate Resolution at these workshops. G. Presentation by Paola Mendoza, Associate Engineer, Public Works Engineering Division, on a new initiative that addresses speeding through neighborhoods, "Drive Safe Boynton". H. Update on recordings of public meetings. Page 4 of 943 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Ratify the selection of Trevor Rosecrans as the Chair and Butch Buoni as Vice Chair of the Planning & Development Board. B. Ratify the selection of Dr. Valerie Valcourt as the Chair and Lori Wilkinson as the Vice Chair of the Education & Youth Advisory Board. C. Ratify the selection of Golene Gordon as Board Chair and Angela Cruz as Vice Chair of the CRA Advisory Board. D. Discuss Art Advisory Board Request to conduct workshop meeting. E. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. F. Discuss and approve Commission attendance at the Florida League of Cities Annual Conference in Orlando, FL from August 12-14, 2021. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Proposed Resolution No. R21-055 - Approve the purchase of an annual service agreement, and authorize the City Manager to sign the service agreement with Trane U.S., Inc. for preventative maintenance of the Trane Chillers at the District Energy System for a total expenditure of $37,904.00. B. Proposed Resolution No. R21- 056 - Approving the release of Declaration of Unity of Title for Knuckles, LLC properties, located at the NW corner of South Federal Highway and SE 23rd Avenue. C. Authorize utilizing the NASPO Valuepoint Agreement 43220000-NASPO-19-ACS under Master Agreement AR3230 for the purchase of network equipment and NCPA 01-97 for services for network equipment configuration services from StepCG in the amount of $43,405.61. D. Proposed Resolution No. R21-057 - Authorize the City Manager to sign a Federal Financial Assistance Subrecipient Agreement with the Florida Department of Agriculture and Consumer Services (FDACS) for the 2020 Managing Community Forests Grant Program for a reimbursement amount of up to $25,000. E. Proposed Resolution No. R21-058 - Approve Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA) for various streetscape/lighting Improvement projects within the CRA District. F. Proposed Resolution No. R21-059 - As a part of the approval of the interlocal agreement between the City and the CRA for various Streetscape/Lighting Improvements within the CRA District, it is necessary to amend the Fiscal Year 2020-2021 Capital Improvement Fund (302) budget, which will adjust budgeted appropriations and revenue sources. G. Approve revisions to the Fiscal Year 2020-2021 approved Capital Improvement projects for the 303 Fund (Surtax Dollars). H. Proposed Resolution No. R21-060 - Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Ocean One for the 4th of July event to be held Sunday, July 4, Page 5 of 943 2021. Proposed Resolution No. R21-061 - Approve and Authorize the City Manager to sign the two (2) year agreement and letter of authorization with JJ Kane for the disposal of vehicles/equipment submitted by Fleet Maintenance Division and declare thirty-eight (38) vehicles/equipment as surplus and approve disposition of these items via auction using various means such as JJ Kane on-line auction and GovDeals.com. Accept the written report to the Commission for purchases over $10,000 for the month of May 2021. K. Approve the disposition of land by the Boynton Beach Community Redevelopment Agency to Habitat for Humanity of South Palm Beach County for the property located at 545 NW 11th Avenue. L. Approve minutes from the City Commission meeting on June 1, 2021. 7. Bids And Purchases Over $100,000 - None 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 21-014 - Second Reading - Approve amendment to the Future Land Use Map (LUAR 21-003) for the Knuth Road property from Local Retail Commercial (LRC) to Mixed Use Low (MXL). City -initiated. Proposed Ordinance No. 21-015 - Second Reading - Approve Rezoning (LUAR 21-003) of the Knuth Road property from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. City -initiated. B. Proposed Ordinance 21-018 Second Reading - Approve amending Chapter 2, Section 2-1.2 "Vice Mayor Appointment" providing for annual appointment or reappointment of new Vice -Mayor for a one year term. C. Proposed Ordinance No. 21-019 - First Reading - Rescinding previous abandonment of a portion of an unimproved five (5) foot wide alley running east to west from Seacrest Boulevard approximately 436.5 feet (ABAN 21-001), and approve abandonment of an approximately 76 foot long section of the five (5) foot wide alley along the south side of Lot 1, Meeks Addition to Boynton Plat. 9. City Manager's Report A. Presentation on the Climate Change Vulnerability Assessment for the City of Boynton Beach, conducted in collaboration with the Coastal Resilience Partnership of Southeast Palm Beach County. 10. Unfinished Business A. Monthly update on the Town Square project by JKM Developers. (Tabled from the June 1, 2021 City Commission Meeting.) See attached letter/update dated June 1, 2021. 11. New Business Page 6 of 943 A. Commissioner Penserga requested information regarding economic development incentive programs offered by other cities throughout the County. David Scott and John Durgan will present the findings from a survey of regional redevelopment and business incentive programs. (Tabled from the June 1, 2021 City Commission Meeting.) B. Discussion regarding intended use for Historic Woman's Club of Boynton Beach. C. Presentation from Public Art Manager, Glenn Weiss, on proposed direction for a new Mural Program. 12. Legal A. Proposed Resolution No. R21-062 - Authorize the Mayor to sign an Easement Agreement with Palm Beach County Board of County Commissioners to allow construction access and staging in a designated area at Oceanfront Park for Ocean Ridge Shore Protection Projects and the South Lake Worth Inlet Maintenance Dredging Projects. B. Proposed Ordinance No. 21-020 - First Reading - Approval of Ordinance creating Monument Policy for the City. C. Proposed Ordinance No. 21-022 - First Reading - Amend the Land Development Regulations, Chapter 3, Article IV, Zoning, Section 3.D. Table 3-28, Foot note #103 regarding Landscape Debris Stockpiling use, to add a minimum distance separation standard and amend certain existing operational requirements and standards to avoid hazards, nuisances, and other impacts on residential land uses. City initiated. D. Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: RONALD RYAN, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a local municipality, Defendant — Palm Beach County Circuit Court Case Number: 502016CA007514-XXXX-MB 13. Future Agenda Items A. Staff to present Resolution adding reversionary language to Planning and Zoning applications. - J u ly 6, 2021 B. Mayor Grant requested information on the water quality of canal systems within the City. Staff is requesting SFW MD to present this information - July 6, 2021 C. Staff to provide an update on the American Rescue Plan - July 6, 2021 D. Update from staff on Head Start lease options - July 6, 2021 E. State Representative Emily Slosberg to provide an update on the 2021 Florida Legislative Session. - July 20, 2021 F. Approval of Lease Agreements for City Hall Innovation Space and Cafes Operators - July 20, 2021 G. Discussion on funding for expanding W i-Fi to City parks. - Will be presented during Budget Workshops 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (ES. 286.0105) Page 7 of 943 The city shallfurnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerks office, (561) 742- 6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterrn may be added subsequent to the publication of the agenda on the city's web site. lnfortrntion regarding iterrn added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 8 of 943 1.A. Opening Items 6/15/2021 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call Closed Door Session In accordance with Section 286.011(8) Florida Statutes, the City Commission will hold a closed -door session on Tuesday, June 15, 2021 beginning at 4:15 p.m., Patrick McFadden, Plaintiff vs. City of Boynton Beach, and Mark Sohn, Defendants — United States District Court, Southern District of Florida, Case Number: 9:20-cv 81237 -RS In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Approximately 45 minutes will be needed. Invocation by Rev. Laurie Durgan, Unity of Delray Pledge of Allegiance to the Flag led by Vice Mayor Hay Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 9 of 943 Grant Amount: Attachments: Page 10 of 943 Requested Action by Commission: Informational items by the Members of the City Commission. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 2.A. Other 6/15/2021 Page 11 of 943 Requested Action by Commission: State Representative Omari Hardy to provide an update on the 2021 Florida Legislative Session. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 12 of 943 3.B. Announcements, Community and Special Events and Presentations 6/15/2021 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 6/15/2021 Requested Action by Commission: Report from Chief Stables on the COVI D-19 vaccine distribution at the Ezell Hester Community Center. Explanation of Request: Enclosed is a report from Chief Stables on the COVI D-19 Vaccine Distribution that City staff managed at the Ezell Hester Community Center. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttaclhtirTIENI'lt Description �/a a:a:liir:as IDistr'iibL.aiUOIII IRE)p irk C:: oyir:toinIBE: ,ach 1:::::liirE) IRE)SCLAE) Page 13 of 943 Z V I N � tll M O U 0 0 0 0 N O O O O � 3 0 ti a a a m w � o v 0 0 0 0 O O O O ti ti ti ti 3 O M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O 0 0 0 0 O O O O ti ti ti ti 0 0 0 0 O O O O ti ti ti ti 0 0 0 0 O O O O ti ti ti ti 0 0 0 0 O O O O ti ti ti ti ti ti ti ti O M O1 m 0 0 0 0 M 0 0 0 0 0 0 0 0 M N 4 M t6 N m t6 ON 0: O O O M O M O 0 0 0 0 0 0 0 0 0 `y .-I N M m M H N i� r V1 N N N lD 0 0 0 C 0 0 0 0 0 0 0 C 0 0 0 0 O t0 O Ol M O M O il M N .-I O t0 O N O N O O M m t0 tD t � N d- O N H O M O 1 00 M N ON 1 M N r N ti to N r O r O O n m O O ,y n o m o n n o o m m m m O O ip N O M t0 ul O N N N O M 0- O1 0- Ol O1 O1 O1 N O m tD m m t0 I� N M O N O O N m 0 0 0 t0 tD i� m M m O M M M Ol N M M Ol O t0 N N M N m m M N M 0 0 o 0 o o o 0 o o o 0 o o o 0 o In In O M M M H O In In O M M M H O In In O M M M H O In In O M M M H N N N ry O O O N N N O O O N N N ry O O O - N N N ry O O O N N N O N N N O N N N O N N N O .-I M N O-- M r- M N M O O 0 O 0 O a-1 a-1- a-1 N N - Q> Q Q Q> Q Q Q> Q Q Q> Q Q .• c .• c .• c c In v In v In v O O O O O O O O O O O O O O O O O O O O O O O O t t t •+ t+ t+ t t t t+ t+ t+ t t t t+ t+ t+ t t t t+ t+ t+ N U U 0 0 0 0 N 0 0 0 0 0 0 0 o\°°: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O: o o o 0 O O O o o o o 0 0 0 0 0 o o o 0 0 0 0 0 6 6 6 O 0 0 0 0 ti ti ti ti O M O1 m 0 0 0 0 M 0 0 0 0 0 0 0 0 M N 4 M t6 N m t6 ON 0: M N U O O V1 V1 o o o 0 o o 0 0 m�m VJ N N N M N N M lD tll i� N M N N l0 N i� V) N N N lP 0 0 0 0 4- 0 0 0 0 N M N M O O n 0 N N N N N N H 0 0 ti to N r O r O O n m O O M 3 Ol Ol Ol Ol M O� N Ol Ol m Ol N O m tD m m t0 I� i� M O N N to N N M. t0 Vt N N M t0 M M O O M M `y O d' N M M Ol N M M Ol N N N I� N m r M. 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O O O p O 0 0 p O 0 0 p 0 0 0 00 O In In O O In In O O In In O O a-1 a-1 a-1 Z5 N N N C O O O N - N N N C O O O N - N N N C O O O N N N N O O O N O N N M dl M N Lr i� O O O w m N i O N N w to M N Y a-1 a-1 N N Q Q .• c .• c .• c .. � Zf Zf Zf O O O O O O O O O O O O t t t H H H t t t H H H t t t H H H t t t H H H Zi Zi Zi Zi Zi Zi Zi Zi Zi Zi Zi Zi C C C N N N C C C N N N C C C N N N C C C N N N U T O a) C N a) C O N '0 Q N U N m0 E M a) CO O O)O O X O O N N N U 00 U --� a) t .> — m '3 o o .a) U a) N U N> :01 t > N O m 0 0o v'3 m Em . o � m o o E r o u) O -0 U m2 v a) 0 Z: C C m N �.in O 'E N m 0— •- a) N N N E M U 't � X 0 m V O E O �O U -m m _T O T a) v U m N p 0 O m E +T. N U a) T O_ 7 0'2 �_m a' E E 0) - 3—" ) N E M, mc U O N m � OU E '0 O m a) o m O O u) > O E m N Q C1m .O- T O`'� o a) O O O In N a) 0 m 0 N m C O m = O� p E 4 a) _ 3Z E o� m `o N N a) a) m a) .0 E > W:2 O N o f 0 a) 0 E O > a) o mU-0 L O) 7 N O N N m Ea) O a) U n 0 0- n 0 m w O m a) a) U O U N O_ :5N a) - U E O_ jE O m m E V N N N N 0) m '� O N °E0a`) O � N a) a) N � t N m O— m a) 'O N ,3 O OU O t a) m m N -0 E m T 'E N 0- E fl o O a N m E OU O m E U 0 O lL 3 N U Requested Action by Commission: Citation recognizing Mrs. Sue Jones, RN for her volunteerism in assisting the City with the COVI D-19 vaccine distribution efforts at the Ezell Hester Community Center. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description ddEsir:dUlirn Clitatioin for l ira:>, SLAE) JlOIIIE)S Page 15 of 943 citation Whereas, throughout the months of March -May 2021, Boynton Beach Fire -Rescue administered approximately 1,000 free Moderna Covid-19 vaccines weekly to the public at the Ezell Hester, Jr. Community Center, a state -approved vaccination site, and; Whereas, Mrs. Sue Jones is a retired Registered Nurse originally from Philadelphia, Pennsylvania, who voluntarily assisted the City almost daily with providing vaccinations at the Hester Center, and; Whereas, Mrs. Jones was a tremendous comfort for all of the people receiving their vaccinations. She provided information to patrons that received the vaccine and was in the observation area to ease their fears and answer their questions. Additionally, Mrs. Jones was instrumental in assisting our homebound residents with getting the vaccine administered in their homes, and; Whereas, it was a pleasure having Mrs. Jones assist at the Hester Center as her presence was warm and inviting to the community, and; Whereas, Mrs. Jones stays very active in volunteering for several non-profit organizations such as the Community Caring Center, Boynton Beach Faith Based Community Development Corporation and Boynton Angels in Action in providing weekly meals to seniors. She also volunteers for the Black Nurses Association and the T. Leroy Jefferson Medical Society to provide important medical information to those in need. Her unending energy and servant heart is deeply appreciated by the City of Boynton Beach. Now therefore, I, Steven B. Grant, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, recognize Mrs. Sue Jones for her outstanding public service to the community of Boynton Beach. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 15th day of June, Two Thousand and Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC, City Clerk Requested Action by Commission: Proclamation recognizing June 19, 2021 as Juneteenth Day, a celebration of freedom. Darryl Sanders, Jr. of ChevyDTV Foundation, Inc. will accept the proclamation. Explanation of Request: J uneteenth, or J uneteenth Independence Day, commemorates the traditional observance of the end of slavery in the United States and is observed annually on June 19th. On January 1, 1863, President Lincoln issued the Emancipation Proclamation, declaring that "all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free." More than two years would pass before the news reached African Americans living in Texas, when on June 19, 1865, Union Major General Gordon Granger and his regiment arrived in Galveston and spread the word that slavery had been abolished. The following year, the first official J uneteenth celebrations took place in Texas and have continued across the United States throughout the years. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Fliroca irna bola J LA1[':etEsEsir':tlh IFlirtaaJa irna bola Page 17 of 943 Proclamation W HEREAS, Juneteenth, or Juneteenth Independence Day, commemorates the traditional observance of the end of slavery in the United States and is observed annually on June 19; and WHEREAS, President Abraham Lincoln declared that "In giving freedom to the slave, we assure freedom to the free — honorable alike in what we give, and what we preserve. We shall nobly save, or meanly lose, the last best hope of earth;' and WHEREAS, on January 1, 1863, President Lincoln issued the Emancipation Proclamation, declaring that "all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free,' and WHEREAS, President Lincoln correctly believed slavery to be in violation of the principles of the Declaration of Independence and that its abolition represented a "new birth of freedom" for the United States; and WHEREAS, more than two years would pass before the news reached African Americans living in Texas, when on June 19, 1865, Union Major General Gordon Granger and his regiment arrived in Galveston and spread the word that slavery had been abolished -land WHEREAS, the following year, the first official Juneteenth celebrations took place in Texas and have continued across the United States throughout the years; and WHEREAS, emancipation in Florida was proclaimed in Tallahassee on May 20, 1865, and for this reason Floridians traditionally celebrate Emancipation Day on May 20; and WHEREAS, Juneteenth is the oldest nationally celebration commemoration of the ending of slavery; and WHEREAS, Juneteenth is an important opportunity to honor the principles of the Declaration of Independence and celebrate the achievements and contributions African Americans have made, and continue to make, in Florida and across our Nation. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim and extend greetings and best wishes to all observing June 19, 2021, as: Jun�,i�,�,nth'Dag IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 15th day of June, Two Thousand and Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk Requested Action by Commission: Announcement of the City of Boynton Beach's 4th of J my - Red, White & Blue with a Waterfront View Event, by Eleanor Krusell, Marketing & Events Director. Explanation of Request: It's getting close and we are getting excited for this year's 4th of July celebration. Red, White & Blue with a Waterfront View, this year's event will again focus on one of Boynton Beach's amenities - our waterfront. How will this affect city programs or services? Support services will be provided by the Finance, Fire Rescue, Human Resources & Risk Management, Recreation, Office of Accessibility, Office of Sustainability, Public Works, Recreation & Parks, and Utilities Departments. Fiscal Impact: Budgeted The 2021 4th of July event was budgeted under Special Events in the General Fund. Alternatives: Not make an announcement concerning the City's 4th of July event. Strategic Plan: Boynton Beach Branding Strategic Plan Application: The City's Red, White & Blue with a Waterfront View July 4th Event will take place at one of the City's premier waterfront parks and will include activities that relate to our coastal community. Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ddEsir:dUlirn Description J LA. y 4th 2021 IDligitall Sigin Page 19 of 943 3. F. Requested Action by Commission: Announce the FY 2021/2022 budget workshops to be located at the Police Station Community Room, 2100 High Ridge Road at the following dates and times: Monday July 12, 2021: 5:30 p.m. Tuesday, July 13, 2021: 10:00 a.m. Wednesday, July 14, 2021: 2:00 p.m. (If needed) The Commission adopts a Preliminary Fire Assessment Resolution and Tentative Millage Rate Resolution at these workshops. Explanation of Request: Our FY 2021/2022 Budget process is underway. Budget workshops are scheduled to be held July 12-14, 2021 in the Police Station Community Room, 2100 High Ridge Road: Monday July 12, 2021: 5:30 p.m. Tuesday, July 13, 2021: 10:00 a.m. Wednesday, July 14, 2021: 2:00 p.m. (If needed) The Commission adopts a Preliminary Fire Assessment Resolution and Tentative Millage Rate Resolution at these workshops. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 21 of 943 Attachments: Page 22 of 943 Kee] Requested Action by Commission: Presentation by Paola Mendoza, Associate Engineer, Public Works Engineering Division, on a new initiative that addresses speeding through neighborhoods, "Drive Safe Boynton". Explanation of Request: In response to requests from residents to slow traffic down on local roads, City staff has developed "Drive Safe Boynton," an innovative effort to keep drivers within the speed limit. Residents can initiate the "Drive Safe Boynton" review process by filling out an application request form and having it co-signed by neighbors. Once staff receives a signed application, local traffic data will be collected and analyzed to determine the most appropriate and effective traffic calming measures for the affected area. Once recommendations are drafted, City staff will hold a neighborhood meeting with the applicant and neighbors to discuss recommended traffic calming measures. Traffic calming measures will be installed thereafter contingent on budgeted funds. How will this affect city programs or services? This initiative requires that residents come together with their neighbors to get a consensus about the need for traffic calming. The process is interactive between the residents and City staff. Staff will prioritize projects based upon a number of factors including data from traffic studies, accident history of the area, the number of impacted residents, and the severity of the speeding problem. Fiscal Impact: Non -budgeted Projects are currently funded out of streets maintenance budget. Additional funding will need to be identified/allocated as the program grows. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 23 of 943 Attachments: Type AttacftrTIENI'lt Description Drive, Saft)Ii:: oyintoin Flir'E)SE)intatioin Page 24 of 943 uuuluulu iulu��1 louui11JJ01J,, pQ191DJJ111iJJ1D11VJJJ))JJJ11i'. 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Requested Action by Commission: Update on recordings of public meetings. Explanation of Request: Following up on the request at the May 4, 2021 Commission Meeting to make recordings of advisory board meetings available online, audio recordings are now available on the City's website: https://Ifpub.bbfl.us/WebLink/Browse.aspx?id=83425&dbid=0&repo=CityClerk. To make it easily accessible, this link has also been added to the advisory boards webpage on the City website at https://ww-w.boynton-beach.org/boards-and-committees. As background information, the City has been fulfilling its legal requirement to provide and record written minutes; the Sunshine Law does not require that public boards and commissions have audio/video recorded meetings. Based on the request at the May 4, 2021 meeting, all advisory board meetings will now be audio recorded and retained by the City as a public record and subject to be retained for two anniversary years after adoption of the official minutes in accordance with state retention laws. Video recordings of City Commission Meetings will continue to be posted on YouTube. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 36 of 943 5.A. Administrative 6/15/2021 Requested Action by Commission: Ratify the selection of Trevor Rosecrans as the Chair and Butch Buoni as Vice Chair of the Planning & Development Board. Explanation of Request: The Planning & Development Board at their May 25, 2021 meeting recommended the selection of Trevor Rosecrans as Chair and Butch Buoni as Vice Chair of the Planning & Development Board. Per the City's Ordinance No. 21-016, the City Commission must ratify the selection of the Board Chair and Vice -Chair. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 37 of 943 5.B. Administrative 6/15/2021 Requested Action by Commission: Ratify the selection of Dr. Valerie Valcourt as the Chair and Lori Wilkinson as the Vice Chair of the Education & Youth Advisory Board. Explanation of Request: At the May 27, 2021 meeting of the Education & Youth Advisory Board, Dr. Valerie Valcourt was appointed as Board Chair and Lori Wilkinson was appointed as Vice Chair. Per the City's Ordinance No. 21-016, the City Commission must ratify the selection of the Board Chair and Vice -Chair. How will this affect city programs or services? No Affect on City Programs or Services Fiscal Impact: No fiscal impact. Alternatives: Not to ratify the selections. Strategic Plan: Boynton Beach Branding Strategic Plan Application: Advisory Boards offer Residents an opportunity to volunteer. Climate Action Application: No climate action application Is this a grant? Grant Amount: Attachments: Page 38 of 943 5.C. Administrative 6/15/2021 Requested Action by Commission: Ratify the selection of Golene Gordon as Board Chair and Angela Cruz as Vice Chair of the CRA Advisory Board. Explanation of Request: At the June 2, 2021 meeting of the CRA Advisory Board, Golene Gordon was appointed as Board Chair and Angela Cruz was appointed as the Vice -Chair. Per the City's Ordinance No. 21-016, the City Commission must ratify the selection of the Board Chair and Vice -Chair. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 39 of 943 5.D. Administrative 6/15/2021 Requested Action by Commission: Discuss Art Advisory Board Request to conduct workshop meeting. Explanation of Request: The Art Advisory Board, through the Public Art Manager, is requesting an 'open-ended workshop" to discuss the general future of the Art in Public Places Program and specifics such as a mural program. It is very unusual for one of the City Commission Advisory Boards to conduct a workshop meeting. Therefore, the City Attorney has advised that the City Commission should consider the request prior to the City Administration facilitating a Board workshop. How will this affect city programs or services? A discussion regarding the general future of the Art in Public Places Program could expand the authority of the Board without that authority first being brought before the Commission. The current scope of authority is set forth in the attached section of the Ordinance which created the Board. Fiscal Impact: All meetings have an administrative cost related to notice, publication, and attendance of City staff. Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttach irTIEN11t Description Aire IBoard Il.::loweirs a ind IDL.arUE)S Page 40 of 943 Sec. 2-162. Powers and duties of committee. (a) The Arts Commission shall have the following additional powers and duties: (1) Recommend to the City Commission adoption of Art in Public Places Program Guidelines and amendments thereto; (2) Recommend to the City Commission adoption of a Public Art Master Plan identifying locations for public artworks and establishing a priority order; (3) Recommend to the City Commission authorization of expenditures for maintaining and implementing the Art in Public Places Program; (4) Recommend to the City Commission other expenditures of the Public Art Fund such as hiring staff and services to run the Art in Public Places Program; (5) Exercise their authority to approve, approve with conditions or disapprove proposed installation of artwork based on Art in Public Places Program Guidelines; and (6) Advance, through education and communication, the Art in Public Places Program Guidelines. The guidelines are attached to Ord. No. 05-060 as Exhibit "A". (Ord. No. 05-060, § 2, 10-5-05; Ord. No. 07-002, § 2, 4-3-07) Page 41 of 943 5.E. Administrative 6/15/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 6/15/2021 Requested Action by Commission: Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains the names of those who have applied for term openings and vacancies on the various advisory boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep city advisory boards full and operating as effectively as possible. Fiscal Impact: Alternatives: Allow vacancies to remain unfilled Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttacftrTIENI'lt ttacftrTIENI'lt ttacftrTIENI'lt Description Rotatlioin air:d ppoiir:tirTIENI'ItS for 06... f5...2 f Dirllrn, IKE)Illi I....11aydasir:... dasyasirno, w: tE)plhair:liE) IDir. Page 42 of 943 Appointments and Applicants for June 15, 2021 Art Advisory Board Mayor Grant Reg 2 yr term to 3/22 1 Katz Alt 1 yr term to 3/22 Applicants: Kelli Drum Building Board of Adjustments and Appeals Vice Mayor Hay Reg 2 yr term to 3/23 IV Penserga Reg 2 yr term to 3/23 Mayor Grant Alt 1 yr term to 3/22 I Katz Alt 1 yr term to 3/22 Applicants: None Education and Youth Advisory Board Vice Mayor Hay Reg 2 yr term to 3/22 III Romelus Alt 1 yr term to 3/22 Applicants: Dr. Stephanie Hayden-Adeyemo Historic Resources Preservation Board III Romelus Reg 2 yr term to 3/22 IV Penserga Alt 1 yr term to 3/22 Applicants: None Recreation and Parks Vice Mayor Hay Reg 2 yr term to 3/23 Applicants: None Senior Advisory Board Mayor Grant Reg 2 yr Term 3/23 Applicants: None C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D16A5982-465D-4881-B2AC-F5CC31D1FC1E\Boynton Beach.27023.1.Appointments_for_06-15- 21.docx Page 43 of 943 Stanzione, Tamm From: kndboanj<noreply@123fonnbui|dedo> Sent Wednesday, May 26,2O21 2:10 PM To; City Clerk Subject Advisory Board Appointment application Attachments: coverletter-artboard.pdf Today's date 05/26/I021 Name KeUiDrum Phone number Address 619NVV25thAve Boynton Beach FL3342G United States Email kndboard@gmaiicmm Current occupation or, |fretired, prior Art Gallery Manager occupation Education BFAStudio Art Are you a registered Yes voter? Do you reside within the Boynton Beach Yea City limits? Doyou own/manage a business within City No Umn|1s7 |f"yes",name mfbusiness: Are you currently serving ona City No board? Have you served ona No City board |mthe past7 |f"yes",which I have not served on a City board, however, I am currently on a Palm Beach County board; High board(s)and when? Ridge Quantum Community Development District Board. Have you ever been No convicted ofa crime. |f"yas",when and where? Advisory Board Art Advisory Board 9 Page 44 of 943 if appointed by the City Commission to serve asBoard Chair Yes orVice Chair are you vvUUng toserve |nthis capacity? Personal I\'m a multi -faceted artist versed in acrylic paint, resin, charcoal, leafing, and mixed media. In Qualifications addition to my art education, | am currently working atan international art gallery based in Boca Raton. K4yprimary duties include but are not limited todriving sales, lead generation, digital art concept creation (via Adobe Photoshop), client/artist communication, and installations. Previously, I worked for a creative marketing and advertising agency as their Sales Lead. My main responsibilities were lead generation and closing contracts. I also coordinated and hosted networking events of125+attendees for the company onamonthly basis. I\'ve also been on multiple fundraising committees. Professional Memberships Feel free to artacn/upmaoan extra sheet orresume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.49-l83.139(United States) at2O21f05'3613:O8:58onFirefox88.0 Entry ID: 466 Referrer: Form Host: Page 45 of 943 Kelli N. Drum 619 NW 25th Avl# Zoynton Beach, FIL 33421 I NOT -T MO I wish to apply for the regular board position for the City of Boynton Beach Art Advisory Board. Because I possess the required skills and qualifications for this position, as well as the necessary experience, I believe that what I have to offer will be of great benefit to the board. During my time at Palm Beach Atlantic University, I studied Studio Art to earn a Bachelor of Fine Arts. My love and understanding of the arts started at an early age and has only deepened since. I have followed it all my life, furthering my personal education in the arts whenever I could, as well as training professionally for the post I am applying for. My resume reveals considerable experience in a diverse range of sales fields and keeping meticulous customer relationship management records not only in systems but also from recollection. Throughout my work history I have developed extensive experience in planning, organizing, and hosting events for high-end clientele. Possessing a strict eye for detail, I fully understand the importance of perfection in any exhibition that will be scrutinized by the general public and elite. I also understand that the proper layout of an exhibition can add considerable value to its perceived worth. In previous positions I have proved to be an exceptionally fast learner and always thrive under pressure. I know that I am the right candidate for the position and if given the opportunity to prove myself I am confident I will not disappoint. You can contact meat (828) 228-5885, or by email at Thank you for your consideration. Yours Sincerely, Page 46 of 943 Stanzione, Tammy wm� From: City Clerk Sent: Thursday, May 27, 2021 8:35 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application Attachments: hayden-stephanie-i,esume2020-1.pdf From: monroe—s <no reply@ 123form bu ilder.io> Sent: Thursday, May 27, 20214:31 AM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 05/27/2021 Name F)r. Stephanie Hayden-Adeyerno Phone number 561-945-1329 Address 2181 SW 15th Ave. N102 BOYN"FON BEACH Ft, 33426 United States Emailiiro e�s .coni Current occupation or, JT'A(J11-'R if retired, prior occupation Education HOWAR UNIVERSITY Are you a registered Yes voter? Do you reside within the Yes Boynton Beach City limits? Do you own/manage a Yes business within City limits? If "yes"' name ' The I -earning NoMad LLC of business: Are you. Yes currently Page 47 of 943 serving on a City board? have you served on a Yes City board in the past? If "yes", which Youth &Education board(s) and f ibrary Board when? Have you ever been convicted No of a crime? If "yes", when and where? advisory Education and Youth Advisory Board Board If appointed by the City Commission to serve as Board Chair or Vice Yes Chair are you willing to serve in this capacity? Personal I am meticulous and organized. I understand the specifics ofthe goals and mission of the city Qualifications and this board. Professional I'lorida Educator Association Memberships Broward County I)Ltblic Schools Educator lloiciana Elementary SAC member former Palm Beach Beach County Magnet Coordinator Feel free to attach/upload hqp�,, ?C '�e "ebo7ae 12 3 form b u LIder (�wjiLu AiL)qd d L&php t I e&= jZe )- I e4O�OD5 a0A.31 141 an extra sheet . .... or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, it'appointed, any false statements may be cause for removal from a board. The message has been sent from 172.58.128.63 (United States) at 2021-05-27 03:31:07 on Chrome 69.0.3497.100 Entry ID: 467 Referrer: htt:Jj �q.� tqn--btp�h.or ros-and-committees � _ Form Host: hjjp _5.,I.Zform.123formbLAildpr.corTil58a2l4ladNLisoryzhg,Lird-aoLqMfnt-_app h ation 2p _2�a N Page 48 of 943 DR. STEPHANIE S. HAYDEN-.ADEYEMO Ln)nroe �u)malLcotn Cell: 561-945-1329 QUALIFICATIONS SUMMARY • Ability to enhance Student functions, and close the gaps in student achievement • Knowledge of ernerging research and best practices in the areas of curriculum said instructional design • Versatile in web-conferencing(Zoom, Google Meet, Microsoft Office Team, Adobe Connect) • Possesses the leadership skills required to respond to diverse Student challenges • Committed to a "Student first" philosophy in all decisions regarding classroom instruction and management • Inspires trust and high levels of self-confidence, academic grit, optimiser, integrity and personal performance • Learning Management systerns(Canvas, Google Classroom, Edillodo, and Blackboard) PROFESSIONAL EXPERIENCE Secondary Science Teacher, Dillard High School ,January 2014 to present • Created and facilitated blended learning utilizing platforms on Microsoft, Blackboard, Canvas, incorporating interactive digital learning with PollEverywhere, Nearpod, Slack, and Flipgrid for 155 learners that included Sunshine State Standards utilizing Florida Biology Item -Specifications • Implements paperless classroorns during 55 -minute daily periods using instructional media • Encourages intellectual curiosity while preparing 155 students in a 90 minutes (block scheduling) for end -of -course Biology examination while ensuring the credit needed to obtain I'lorida high school diplorna • Fricourage arid taught critical thinking skill and rational -based inquiry to struggling learners while providing extension and enrichment to those already at mastery of content Page 49 of 943 Stephanie HaYden Grove Park Elementary IB Magnet CoordinatorlMSAP Grant Coordinator April 9 -June 9, 2018 • Facilitating inquiry writing through professional developillent with 35 teachers in the IB PY11 Programme • Documenting arid updating requirements for a Department of Education grant application of over a million dollars in funding across rive schools (elementary and middle schools) ( I b • ordinating family and community engagements within the designated area of Palm Beach Gardens. • Fostering a partnership with school administrations, teachers, incoming magnet Students' parents, and Palin Beach County School District Secondar .yScience Teacher, Lake Worth High School December 2012 to June 2013 • Delivered classroom and el,earning training in software (Edmodo) with Google Translator for H 5 ESOL ]carriers in Biology • Facilitated novel approaches to group discussions using social media and instructional technology • Implemented paperless classrooms during 55-rnimrte daily periods • Encouraged intellectual Curiosity while preparing 115 ( FSOL) Students for end - of -course Biology examination Science SUMMITConsultant, University oj"Central Florida August 2012 to Miry 2013 As secondary group manager, I assisted teachers in learning STEM Inquiry as developed by Dr. Larry Chew. As an instructor in the SJ I'M Inquiry trainings arid Lesson Study, I was responsible for training 25 to 30 teachers in scientific research -based questioning approaches, conducting effective lesson studies that they must use it) their current classroom science laboratories. Improved Student learning outcomes for teachers from 12 % to 48')/o Teachers compared the practicality of the novel approach to "real-time" tweaks during science lesson demonstrations Strengthened critical thinking and comprehension skills such as making connections, predictions and asking questions Adjunct Professor of Education, Florida Atlantic University August 2012 to January 20.13 Page 50 of 943 SlejAwnie HaPlen Developed and taught courses in Principle Methods of Science to 25 third -year education majors per term Developed and managed syllabus materials Evaluated student performance and relayed timely feedback, making grading determinations at -ter Student submittal of required assignments related to standardized learning objectives and discussion board exercises (In iversity School Science Instructor, A. D. Hen (lei -son (,In iversity School August 2012 to October 2012 Customized science programs for 125 seventh grade and 100 eighth grade Students, I Stimulated critical thinking and niaintained effective classroom management of content and classroorn behaviors, 0 Collaborated with other teachers to ensure a seamless transition between grade levels 0 Attended and participated in seminars which enhanced professional development Middle School Science Teacher, Congress Middle School October 2008 to June 2012 Customized science progranis for 135 eighth grade students and prepared students for FLAT Science and FCAT Science 2.0 • Coordinated the SECME1 science competition: Students participated ill science competition (science research presentations, mouse trap engineering design, and Science Knowledge Bowl competitions) within surrounding middle schools at the local and national level. (LS. Department of'Eductttion Grant Reviewer April 2010 -August 2010 I collaborated with a team of'8 grant reviewer remotely to evaluate 12 grant applications f'01- a longitudinal CLCC grant. F"valUate the applicants based on the reviewer rubric while discussing the strengths and weakness of the application and therefore providing timely feedback to along grantee to be prepare if allowed to remediate the challenges with the applications before filial decisions were made. Secontlaq Science Teacher, Tech Edventures Charter Schools July 2004 to October 2008 Customized science programs for 128 eighth grade students and prepared students for F'CAT Science • Managed all function of technology training including developing a core Curriculum in Physics, Chemistry, and Biology Page 51 of 943 Stejhunie flayden • As the science deparnuent chair, I created inStRICtional focus rapping, while utilizing Sunshine State Science Standards on rnastery of scientific concepts. I was responsible for coaching a tear of four science groups while firipleinenting professional developinents and iniproving instructional practice and Student achievenient. ,Science Consultant, Mad Science of'South Horida January 2004 to Deeeniher 2005 * Presented scientific concepts through experiments, incorporating the integration of science, inathernatics, langwige arts, social Studies, and reading content areas 0 1 felped Students establish an inqt,dry-based science education foundation Academic Suceess (,oa(,,h, Police Athletie League ql'New York City May 2001 to Deeember 2003 • Developed the curriCUIL1111 for or tutors to prepare students for the 13iology/ Chemistry 'Ne\v York State Regent Fxanis; collaborated with elementary and secondary science teachers in neighboring public schools in Manhattan and Brooklyn to deliver academic enrichment Graduation Coach, Brooklyn Bridge Program at St. John's University August 200/ to December 2003 Partnered with community leaders, parents and the school board committee to support educational and personal growth within an at -risk student population ofthe Crown Heights coma Unity Facilitated mentor-trientee relationships With Students and members of'the Saint John's University community Academic Coordinator and Teacher, Inslituteft)rStudent Achievement August 2001 to Au ast 2002 Developed Curriculum for teaching Biology and Chemistry to 50 at -risk high school students (A-cated inquiry -based learning activitics based on STEM disciplines Collaborated with secondary science teachers to deliver academic enrichment programs to Urban communities within Westchester County Graduate Research Assistant, St. John's University August 2000 to 200.1 Reported to Principal Investigator with 20 graduate students; evaluated effectiveness ot'experiments being performed on batches ot'VIL-60 cells. I managed the analysis of I lunian 11romyelocytic f IL -60 cells. * IAamined and categorized morphology for cell cfift`erentiati(,:)ns Page 52 of 943 Stephanie Ilqyden • Perl'on-ned experiments for varying dose dependent IIL,-60 Cells • Ped'omied and analyzed immunoblotting while utilizing the specti,ophotometei- and luniinornetei* EDUCATION Ed.D. Teacher Leadership February 2005 it) November 2#11 The Richard W. Wiley College ot'EdUcation, Walden University Minneapolis, MN Dissertation title. "Teacher Motivation and Student Achievement" Master of'Science in Education July 2004 Anierican Intercontinental 1.3niversity, Weston, Ff.... Bachelor o *Scienee in Biology anti Oiendshy, June 1995 to December 1998 College ol'Arts and Sciences, I loward I,Jnivei-sity, Washington, D(.' CERTIFICATIONS AND ACHIEVEMENTS Florida Educator Licensure Biology (6-12) Lxpires,,Iune 30, 2023 Reading Endorsed L'SOI, Eridorsed c'ris'is Prevention Manttgetnenl IJ,S'. 7)eparlinen.1 o Education Grant Reviewer 2010 Writer Palm Beach ("aunty Public. -Schools, 2009-2010 National Instituies ol'11calth Research Scholar 1997-1998 Ronald E. NA.-Nah-Achievement Scholar 1997-1998 NAAHR ( ' areer Essentials, Parlicipont Cohort 12013-2014 7cach with A Irica 11"ellmv 2017 Global Teacher Institute Felloiv 2017 Social Emotional Learning and Trauma, -!?Harmed trained Bias anti Equil.y Trained Mental Health First -Aid Responder (Youth and Adult) Research Publications: Menstrual C"yele Effects on CatTeine Metabolism Howard McNair Journal 1997 A Phenomcnological Study Assessing the Relationship between Teacher Motivation and Student Achievement in Middle School Students Ifolden University 2011 Page 53 of 943 Slej)hanie Hayden RESEARCH INTERESTS STEM Education A ulism Educulional Research Teacher F'du, cation Teacher Evaluation Teacher Motivotion UrbanEducalion, Sc-hool Relbrm, School Policies REFERENCES Available on request Page 54 0 943 5. F. Administrative 6/15/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 6/15/2021 Requested Action by Commission: Discuss and approve Commission attendance at the Florida League of Cities Annual Conference in Orlando, FL from August 12-14, 2021. Explanation of Request: The Florida League of Cities will be holding its annual conference (in person) on August 12-14, 2021. The conference will be held at the Orlando World Center Marriott. Registration is $550 per person and the hotel costs approximately $179/night. Funds are budgeted in the City Commission's Business Meeting account for those who care to attend. How will this affect city programs or services? Gain education and information on relevant matters for the City. Fiscal Impact: City Commission Business Meetings - 001 - Alternatives: Do not attend. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ddEsir:dUlirn Description I:::::II.....0 C01['1fENr'E)1r::Cs IBiroch Ulir'E) Page 55 of 943 t t, bM Afcy' August 12-14,2021 * Orlando World Center Marriott July 22, 2021 July 30, 20211 # CUtiles2OZI Page 56 of 943 Registration - Conference registrations must be received no later than Friday, July 30, 2021. If you are unable to meet this deadline, please register on-site. NOTE: Registration fees will increase to $580 for government and $680 for corporate registrants for all registrations done on-site, so we encourage you to register in advance. Hotel Reservations - The cutoff date for reservations at the Marriott is July 22, 2021. Reservations must be made via an FLC-provided security code only; no one will receive housing information until after their paid registration is received. Please see page 6 for more details. Conference registration cancellation requests must be sent in writing via email to mhow : f i Wesxum. All cancellations received in the FLC office by 5:00 p.m., Friday, July 30, 2021, will receive refunds, minus a $50.00 cancellation fee. Refunds will be issued after the conference. No refunds can be made after July 30 or for early departure from the conference. Hotel deposits will be refunded only if the hotel receives notification no later than 72 hours before the scheduled arrival date. If you are physically challenged and require special services, or if you have special dietary needs (i.e., allergies or Kosher or vegetarian meals), please attach a written description to your registration form. Contact the hotel directly if you will need any special accommodations in your room. Some of the conference's educational sessions may be eligible for continuing education credit through the Florida Bar and/or the Florida Board of Accountancy. It is the attendee's responsibility to submit these hours for approval. FLC will provide sign -in sheets at each session and send certificates of attendance to all delegates who complete the sign -in sheets. The League will be posting real-time up- dates and photos via Twitter, Facebook, Ins- tagram and YouTube during the conference. Follow @FLCities on all major platforms. Connect with the conversation or pose ques- tions by using the hashtag #FLCities2021 in all your conference -related posts. Al 0M We encourage all of you to show your city spirit by wearing your city shirt on Thursday, August 12. For additional information, please contact Melanie Howe at or 850.222.9684. Page 57 of 943 Following is a tentative schedule of conference events. Be sure to check our website for updates! 8:30 a.m. -1:00 p.m. i'feseairelllh Sym°uugposh:m Additional registration required through the League's Center for Municipal Research; con- tact Wade Burkleyat %vburk1ct@ficif es,co:il. 2:00 p.m. - 5:00 p.m. Candid Couurvers thion with mayors Additional registration required through the Florida League of Mayors, contact Rachel Embleton atiembleto,:i@fir:iticr.com. 7:00 a.m. - 7:00 p.m. Iio ilsb,ntion Desk Ojmri 8:00 a.m. - 12:00 p.m. om:mtiiiummui: iii Education in EtIhIcs: i i ve You Couu°eirrllfoted "Tool uu ° i iours? Florida's municipal elected officers are required to take four specific hours of continuing educa- tion in ethics per year. If you haven't completed your hours yet, this is your opportunity! The four hours include two hours on the Florida Ethics Law (Chapter 112, Florida Statutes), one hour of public meetings (Chapter 286, Flori- da Statutes) and one hour of public records (Chapter 119, Florida Statutes). If your hours are completed, this class is a good refresher. NOTE. You must be registered for the full confer- ence to attend this session, and pre -registration is required. Registration is limited to the first 150 people. See the registration form for details. 9:00 a.m. -10:00 a.m. Ellam^i a League, of IIII ayauums IIII" iouurmim°uuatliiioi:m Comiommitteo Meletirig 10:00 a.m. -11:00 a.m. L o: uu& Loc ui:lo of spay Dooms Eusmm,:oss iEoot:m�:ug For more information, contact Rachel Embleton at rernb1Ptor@t1 bPsL m:om. 11:00 a.m. -12:00 p.m. iuu lllarlda League of IIII a°ycuir°s IBoard of Directors Meeting 12:30 p.m. - 7:30 p.m. IIEumi:miciii 111111dl I1E01111°Il4retp° I ace 011ll-wiir% 1:00 p.m. - 3:00 p.m. "Ciitiiies'ilol" : H,IC.Wl10lir If you are newly elected or newly appointed, this "crash course" is designed for you. Details about Florida municipalities, the services they provide and governing challenges will be discussed. This course is a prequel to the popular Institute for Elected Municipal Officials (IEMO) but is not a substitute for the three-day IEMO class. 1:00 p.m. - 3:00 p.m. Legl6ative F"d icy Comvmm:rittee III eotiiri s 3:15 p.m. - 5:00 p.m. 011111c'Wlilops 5:00 p.m. - 6:00 p.m. i' ederai ctiouu°m Stuu°°iolceTeams°uu°:IIII' o °Il: i%g 5:15 p.m. - 6:00 p.m. First -1 ionu iie Atteridoes"'' uumiiiientat'iouu°:I If this is your first FLC Conference, welcome! This workshop will acquaint you with the League, the conference program (with tips for the best use of your time), how to get involved in your local or regional League, FLC legislative policy commit- tees and other municipal services. 6:00 p.m. - 7:30 p.m. Rresiudeuui°Vs WWcoiiiie III I'unecelllAiauLi iiiuin IIII'Eunol clpda f IIII ouuHl@n::mtiirllWce Page 58 of 943 6:15 a.m. - 8:00 a.m. °1.f ll4(. IIP u v ui v Ra ur°: Join us for our fifth biennial Florida League of Cities 5K Fun Run/Walk. The run will take place on the grounds of the Marriott's golf course and is open to everyone participating in the conference. This event will be a "fun run" and not a timed event. There is no charge for the event, but pre -registration is required. (See main registration form.) All participants will receive a T-shirt and gym towel. Light refreshments will be provided after the race. So come on out and start your morning off right with a fun run and great company! 7:00 a.m. - 8:00 a.m. d'lllwido Blad4: Caucus of Illl ocalll III'II Iecteil fficliVo s 13111°eall4, last Additional registration required through the Florida Black Caucus of Local Elected Officials; contact Nykierama Cooper at a"N>f."Q,°D+ojD )o„;;"�°rn�fk�fi':oitii' ceyn+i�`o&°°urr% v 7:00 a.m. - 9:00 a.m. ontiw,wintalll III''i l lreakdnst in ll:lu:nicipal IMarketplace 7:00 a.m. -1:15 p.m. Vuruii�lil:,; fi�!!�uial 01!mn 7:00 a.m. - 5:00 p.m. Rcpli4tratiii:°:ur°m III"busk Clllseur: 8:00 a.m. - 9:00 a.m. o ui°°Ill::sl°:ops 9:15 a.m. -10:30 a.m. iiluir solutiour°us rvui°:::i III I.egi;u!:IIk:thre iudleel Ings 9:15 a.m. - 10:30 a.m. l wll4unsi°:oIIP:s 10:45 a.m. -12:15 p.m. 0!!i,ueui°:ii°ig Geil'101 uulll Session Featuring the presentation of the E. Harris Drew Award and a keynote presentation by Leland Melvin. land Melvin is an engineer, educator, former NASA astronaut and NFL wide receiver. He served on board the space shuttle Atlantis as a mission specialist on mission STS -122 (2008) and STS -129 (2009), and helped to construct the International Space Station. Upon hanging up his space boots, he led the NASA education program. He co-chaired the White House's Federal Coordination in STEM Education Task Force and developed the nation's five-year STEM education plan. After 24 years with NASA as a researcher, astronaut and senior executive ervice leader, he now shares his life story as an athlete, astronaut, scientist, engineer, photographer and musician to help inspire the next generation of explorers to pursue STEM careers. In May 2017, Leland released his memoir Chasing Space: An Astronaut's Story of Grit, Grace, and Second Chances. In the book, Leland shares his journey from the gridiron to the stars and examines the intersecting roles of community, perseverance and grace that align to create opportunities for success. Page 59 of 943 12:15 p.m. - 1:15 p.m. 54e Ili CaM in IIII u'A:ui°iiiiciiilu III McflcetlllAace (0 sllliu Mlles) 1:30 p.m. - 2:30 p.m. orlrsl°: i)lss 2:45 p.m. - 4:00 p.m. ouu°l(sl°: clrrr 4:15 p.m. - 5:30 p.m. Workshops 6:00 p.m. - 7:00 p.m. 021 IIII ome Rule IIII°°Illleuu°oes III I'"'ecelll,Otlo:r (All delegates welcome.) IIIIIIIIIIweui�°uulur C'lllrroui�°uIl 7:30 a.m. - 8:30 a.m. Varlous 1......ocol IIII't ugloiurruullll Illi oruugue ll°hi°calllrf' st MeetkNgs Contact your local League for more information. 7:30 a.m. - 4:00 p.m. l' feguis�tratiioiw% IIII3eslr Open 9:00 a.m. -10:00 a.m. Annual IIIII11�'lusluuress IIIPheetkiq 10:15 a.m. - 12:15 p.m. Second Geiiiwr al Sesslouu°uu Featuring recognition of the Years of Service awards and a keynote address by Kenneth W. Gronbach. 12:30 p.m. - 2:15 p.m. 11ast IIII'2resli eiii ts' IIII uiiu:clll;°:soul°: and lnstalllloi iii sn of IINew I1)iries'u°iidcnt 2:30 p.m. - 5:00 p.m. orlrsl:oijs 6:30 p.m. - 9:30 p.m. linauu:gural Ccdlllclrou-otlour tec°over, IlRelll x,, Rojoliice Join your friends and colleagues as we cele- brate being back together after a long year apart. Enjoy strolling entertainment, delicious food and drink and an opportunity to dance the night away. Schedule and speakers subject to change. Come explore the common sense, easy -to -understand, counterintuitive and very fascinating realm of demography. Kenneth W. Gronbach is an internationally respected demographer who has forecast societal, commercial, economic, cultural and political phenomena with uncanny accuracy. Let him bring you into his world of counting people and accurately predicting future markets. What products or services will fly or die? What nations are demographically doomed? What countries and ontinents are demographically positioned to excel? How will workforces change, and where is my best source of talent? If you're writing a post -pandemic strategic plan, you need this information. N Page 60 of 943 The Orlando World Center Marriott will serve as the conference hotel. It is located at 8701 World Center Drive in Orlando. The resort phone is 407.239.4200. (NOTE: Reservations may be made via an FIC -provided security code only. Please do not call the resort to make reservations until you receive this code, which will be provided with your paid registration.) FLC has secured the reduced rate of $7.00 per day for self -parking and $15.00 per day for valet parking. Visit the hotel's website at niarriottworldcantencom for details about the facility. Note that some services may be limited or not available as the hotel industry recovers from the economic impacts of COVID-19. NOTE: The Marriott is a smoke-free property. To protect our room blocks for conference registrants, it is our policy that no one will receive housing information until we have received your PAID registration. Once your registration is paid, you will be sent housing information via email. Please note that the reservation cutoff date at the Marriott is July 22, 2021, and the rate is $179/night. It is important that you register for the conference early so you have plenty of time to make your reservations. Availability is on a first-come, first-served basis. Remember that we are unable to guarantee reservations for anyone or the exact date on which the hotel block will sell out, so please register early. Page 61 of 943 202"1 lm,,,,u i ru1111 ur I . Iv u 1 m V11 U,),urt 12 4, 202�, OIr"i, u Wor A CeV r:firI IP,�� Florida League of Cities I P.O. Box 1757 1 Tallahassee, FL 32302 1850.222.9684 1 Fax 850.222.3806 1 mhowe@flcities.com Return completed form with check payment to Florida League of Cities, P.O. Box 1757, Tallahassee, FL 32302-1757; or visit the League website,kWesi'o i' rien c e.:'::oyn, to access online registration. NOTE: Credit card payments may only be made online. DEI ]I''lllZMTE UVORMA,nam Name: _W......._WWW........................................... ...... _ _........ I I.._........._._.................................................................................................... First 14.1. Last First Name or Nickname: Title: Mailing Address: City: Phone Number: As You Wish to Appear on Badge Affiliation: Fax Number: City, County, Government or Company State: , Zip: Email Address (for confirmations): Please provide the address of the person who should receive the confirmation.. First -Time Attendee? ❑ Yes ❑ No Contact Person: T OIIIIIIIIIiS ION IIID' It carqpIete oinly if ure iio °tertiut tit 'air ° II°w oinfereince. Guest's Name: First Name: - -� As You Wish to Appear on Bodge Child's Name: Child's Name: YUlllllll0II5TR TIO ISO. 1"' ""IIID°AIIII III IIII'CIIIIII City/County/Government @ $550.00* $ - Corporate @ $650.00* $ - Guest @ $150.00 $ ................. Guest (13-18 years) @ $20.00 $ Guest (3-12 years) @ $15.00 $ Exhibit Hall Pass @ $50.00 $ 011111"2""1""1111011111111Il AC`1IIII"IOIMIIIIIIIIIIIIIA NO F'IIIIIIIIIC TO""IAL 1'' F'IIIIIIIIIC Thursday, August 12 Ethics Session @ $0.00 $ Friday, August 13 5K Fun Run @ $0.00 $ T-shirt size? Saturday, August 14 Extra Luncheon Ticket @ $50.00 $ Extra Inaugural Celebration Ticket @ $60.00 $ Total # *NOTE: Registration fees will increase to $580 for government and $680 for corporate for all registrations done onsite. Age: First Name: Age: First Name: As You Wish to Appear on Badge As You Wish to Appear on Badge X1114"� IIIINIIIII IIII. I IIII' IIIIN6°° IIID IIII ) If you require special services or have special dietary needs, please attach a written description to your registration form. �(IIIIIIIIllI�01�A""I""IlR ""I""IIII01111"f Registration form must be accompanied by payment made payable to Florida League of Cities. Mail this form to: Florida League of Cities, P.O. Box 1757, Tallahassee, FL 32302-1757. Registration forms must be postmarked by July 30, 2021. Remember. You will not receive housing information until we have received your PAID registration. O P X1111 IIIAl 10II1a4 l')OTICO All cancellations received in writing via email to mh mmv@@ itit4&1cct and received by 5:00 p.m. July 30, 2021, will receive refunds, minus a $50.00 cancellation fee. Refunds will be issued after the conference. No refunds can be made after July 30 or for early departure from the conference. F n LC II'i'll..011 It 1111 DA fl..r'.ACtu ll::: 0V: tun U111 ES Page 62 of 943 Consent Agenda 6/15/2021 Requested Action by Commission: Proposed Resolution No. R21-055 - Approve the purchase of an annual service agreement, and authorize the City Manager to sign the service agreement with Trane U.S., I nc. for preventative maintenance of the Trane Chillers at the District Energy System for a total expenditure of $37,904.00. Explanation of Request: On 6/16/2020, City Commission approved piggybacking the US Communities Contract # 15-J LP -023 between Trane U.S., Inc. and Harford County, Maryland (R20-058) for the purchase and installation of a new 400T chiller unit. The US Communities Contract satisfies the City's purchasing requirements. Utilizing this contract, Trane will provide preventative maintenance service at the District Energy System, as described in the attached service agreement, for an annual total of $37,904.00. The initial term of this annual service agreement is July 1, 2021 through June 30, 2022. How will this affect city programs or services? Factory authorized Trane service technicians perform all periodic preventative maintenance, following Original Equipment Manufacturer (OEM) standards, to keep equipment running optimally and prevent unplanned downtime. Fiscal Impact: Budgeted The total requested funding for services is $37,904.00. Funds for this project are available in the Utilities operating budget 401-2805-536.49-17 Alternatives: Not award the service agreement for preventative maintenance at this time. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Page 63 of 943 Vendor Name: Trane U.S., Inc. Start Date: 10/1/2015 End Date: 9/30/2022 Contract Value: $37,904.00 annually Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: This is the last contract extension. It expires 9/30/2022 Attachments: Type D IRE)S()l� LA ti 0 111 DAg ir'E�'E) rTIE) 111 t D IRE)S()l� LA ti 0 111 D Cointract Description lRE)SOkAtioin approviing Agir'E)E)irT1E)1['1t with Traiin for 1.::9rEWEN11tative, Maill'ItENnainCE) for DES Tara l['IE) SENnAC2, Agir'EsE)irT1E)1['1t for ID IE S R20 58 Cointract EAENI'lSkIll Page 64 of 943 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PURCHASE OF AN ANNUAL SERVICE AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO SIGN THE SERVICE AGREEMENT WITH TRANE U.S., INC. FOR PREVENTATIVE MAINTENANCE OF THE TRANE CHILLERS AT THE DISTRICT ENERGY SYSTEM FOR A TOTAL EXPENDITURE OF $37,904.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on 6/16/2020, City Commission approved piggybacking the US Communities Contract 4 15-JLP-023 between Trane U.S., Inc. and Harford County, Maryland (R20-058) for the purchase and installation of a new 400T chiller unit; and WHEREAS, utilizing this contract, Trane will provide preventative maintenance service at the District Energy System, as described in the attached service agreement, for an annual total of $37,904.00; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to approve the purchase of an annual service agreement, and authorize the City Manager to sign the service agreement with Trane U.S., Inc. for preventative maintenance of the Trane Chillers at the District Energy System for a total expenditure of $37,904. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves the purchase of an annual S:ACA\RESO\Agreements\Agreement with Trane for preventative maintenance - Reso.docx Page 65 of 943 31 service agreement, and authorizes the City Manager to sign the service agreement with Trane 32 U.S., Inc. for preventative maintenance of the Trane Chillers at the District Energy System 33 for a total expenditure of $37,904. A copy of the Agreement is attached hereto as Exhibit 34 "A." 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 15th day of June, 2021. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga VOTE S:ACA\RESO\Agreements\Agreement with Trane for preventative maintenance - Reso.docx YES NO Page 66 of 943 Trane Office CompanyName Trane U.S. Inc. City of Boynton Beach. 6965 Vista Parkway North, Ste. 11 100 East Ocean Ave West Palm Beach, FL 33411 Boynton Beach, FL 33� Trane Representative Will Worth Cell: (561) 343-0203 Proposal ID I�:9i:1:fl Service Contract Number 2763681 Contact Telephone Number for Service (561) 683-1521 SiteAddress: City of Boynton Beach Cei 208 NE 1St St Boynton Beach, FL 33435 Plant Page 67 of 943 it lu F A 1 / ll f� 11 %/ BEYOND"" Y/D 0 r/o/ovemi, This Scheduled Service Agreement from Trane offers an exclusive approach to maintenance: It is in worldwide expertise. Delivered locally by planned grounded our own factory trained technicians. And provided according to your needs. Under this service agreement, you will hand off the responsibilities for planning, scheduling and managing routine maintenance to Trane. You will have a team of When it comes to service true professionals keeping your HVAC equipment running efficiently and effectiveness, experience reliability. matters. No other provider As an HVAC service provider, Trane offers many advantages: has more experience than Trane. • Confidence that your HVAC equipment is being cared for according to 100+ years of OEM best practices for both frequency and procedures system and • Priority service, available 24 -hours a day, giving your facility precedence equipment during urgent situations experience • Advanced diagnostic technologies, allowing our technicians to analyze • 35+ years in system performance more comprehensively, so they can identify and building automation correct a broader set of conditions systems (BAS) Protect your bottom line. Proper maintenance can save an estimated 12 to 18 • 20+ years in energy percent of your budget compared to a run -to -fail approach. This service services agreement will help you capture those savings. (FEMP) O&M Guide 2010 Trane procedures for handling refrigerant are compliant with federal and state regulations. All Trane technicians follow documented processes ensuring uniform service delivery Trane incident rates (OSHA) are consistently 50 to 70 percent below industry averages. You will have a consistent group of Trane employees dedicated to your account. Trane offers a wide range of maintenance and repair services beyond the scope of this service agreement. Ask your Trane representative for details. Page 68 of 943 City of Boynton Beach - New Scheduled Service Agreement 2021 Proposal ID: 2763681 i,,,, i i r 1 f/i/a/ii TM Gi 1Al Ld 1 10 i SCOPE OF SERVICES -STANDARD INCLUSIONS ANY HVAC SYSTEM IS ONLY -•NG AS ITS INDIVIDUAL COMPONENTS This service agreement with Trane protects and enhances full system functionality by ensuring that components are well maintained and functioning to OEM standards. And it is tailored to your needs. The following are the standard inclusions of your service agreement: Factory authorized Trane service technicians perform all periodic maintenance, following OEM standards, to keep HVAC and BAS equipment running optimally and prevent unplanned downtime. Trane assumes all responsibilities for planning, scheduling and managing routine maintenance on Trane HVAC equipment and other brands. Advantages: • Trust one assigned maintenance team for all HVAC equipment brands • Receive consistent service outcomes through proprietary Six Sigma maintenance procedures • Save money compared to ad-hoc service calls Implementation: • Technician visits are scheduled in advance • Service is completed during normal business hours • Basic supplies, such as grease, cleaning solvents and wiping cloths, are included in the annual fee Trane Laboratory Analysis tests system fluids for contaminants and other physical characteristics and trends. Conditions indicating sub -optimal HVAC system performance are identified before issues become critical. Advantages: • Head off equipment failures and unplanned downtime • Identify long-term equipment performance trends • Gain definitive insights through Trane experience and expertise Implementation: • Samples collected by Trane technicians during maintenance as stated in this agreement • Laboratory analysis of oil, absorption solutions and refrigerants • Consistent testing according to Trane best -practice protocols year after year ©2021 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Pagel`�991W City of Boynton Beach - New Scheduled Service Agreement 2021 Proposal ID: 2763681 i,,,, TM Gi 1Al Ld i 1 1, 10 �10 US Environmental Protection Agency (EPA) has placed in effect more stringent regulations on refrigerant management and reporting in 2017. Section 608 of the Clean Air Act prohibits the knowing release of refrigerant during the maintenance, service, repair, or disposal of air-conditioning and refrigeration equipment. The EPA requires proper refrigerant management practices by owners and operators of refrigeration and air-conditioning systems, all servicing technicians and others. The Clean Air Act requires owners to maintain records of refrigerant usage and leak rates for each air-conditioning or refrigeration appliance with refrigerant charge greater than 50 lbs, and for disposal of units between 5 and 50 lbs, of refrigerant. These records must be maintained for 3 years and be directly accessible if audited by the EPA. This brief summary of Section 608 of the Clean Air Act is provided for informational purposes only and is not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to the application of Section 608 of the Clean Air Act to your business. Trane Technicians are Universally certified (the highest level possible) to service, manage, and document your refrigerant and are knowledgeable of applicable law and time constrains to repair leaks. Trane Technicians track all refrigerant in all equipment serviced regardless of appliance size. When a customer has all their refrigerant work performed by a Trane technician - Trane Refrigerant Management software maintains complete record of refrigerant transactions and appliance leak rates. Refrigerant reports provided by Trane will contain the information to satisfy EPA record keeping requirements. Advantages: • Real time reporting of refrigerant leak rate informs proactive decisions • Stay in compliance with state and federal regulations • Provide acceptable documentation to authorities during audits • Maintain company environmental standards • Detect potential refrigerant leaks before equipment damage occurs Implementation: • Technicians collect refrigerant information for covered equipment during onsite visits • Refrigerant data and technician activity are entered into the Trane Refrigerant Management System • Refrigerant Usage Reports are generated according to your needs ©2021 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page PMeDj@§4� City of Boynton Beach - New Scheduled Service Agreement 2021 Proposal ID: 2763681 i,,,, i i r 1 f/i/a/ii TM Gi 1Al Ld 1 10 i • City of Boynton Beach Central Energy Plant The following "Covered Equipment" will be serviced at COBB Central Energy Plant: Equipment Qty Manufacturer Model Number Serial Number Water -Cooled Chiller 1 Trane HDWA400 L20J03501 Water -Cooled Chiller 1 Trane CVHF147 L19D01996 Water -Cooled Chiller 1 Trane CVHF147 L19E02060 Cooling Tower 1 Tower Tech TTXR-101950 2019-012-01 Cooling Tower 1 Tower Tech TTXR-101951 2019-012-02 Cooling Tower 1 Tower Tech TTXR-101952 2019-026-01 Cooling Tower 1 Tower Tech TTXR-101953 2019-026-02 Condenser Water Pumps 3 Marathon Multiple Multiple Chilled Water Pumps 3 110 Marathon Multiple Multiple Variable Frequency Drives Trane TR200 JIMultiple Description HDWA Annual Inspection HDWA Operational Inspection Chiller Storage Maintenance Procedure Chiller Nitrogen charge pressure check Cooling Tower Annual Inspection Cooling Tower Operating Inspection Pump Annual Inspection Pump Operating Inspection VFD Inspection BAS Inspection Quantity Per Term (1) (3) (2) (10) (1) (3) (1) (3) (4) (2) The following Customer Service Flows provide additional service description detail for Covered Equipment. Note: There may be differences per the agreement in the work being performed between sites and the equipment on those sites. This section clarifies differences in the work being performed between sites and the equipment on those sites: Standard Storage Maintenance Procedure: • Remove holding nitrogen charge • Remove thrust bearing inspection cover • Start oil pump using auxiliary power • Manually rotate the compressor shaft 450 degrees (1.25 turns) • Re -seal the compressor • Re -evacuate the chiller correctly • Re -install a 5 psi dry nitrogen holding charge Annual Cooling Tower Inspection Description • Inspect External Condition Of Tower • Visual Inspection Of Mechanical Operating Unit • Verify Water Level ©2021 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page PME bl'W City of Boynton Beach - New Scheduled Service Agreement 2021 Proposal ID: 2763681 i,,,, TM Gi 1Al Ld 10 i • Tower Upper And Lower Basin Inspection • Fan Check For Cooling Tower • Cooling Tower Motor Check And Lube • Basin Heater Inspection On Cooling Tower Cooling Tower Operating Inspection Description • Inspect External Condition Of Tower • Visual Inspection Of Mechanical Operating Unit • Verify Water Level • Tower Upper And Lower Basin Inspection Only • Check Condition Of Gear Box • Cooling Tower Motor Check And Lube Variable Frequency Drive Maintenance Description • Check operation of drive • Open cabinet and clean • Verify operation of bypass Annual Inspection of Pump Description • Initial Site Inspection • Check motor shaft and pump shaft for proper alignment • Inspect coupling for wear • Verify that the shaft guard is in place and tight • Verify water flow through pump and check for leaks on the mechanical pump seals • Lubricate the motor bearings and the pump bearings as necessary • Inspect wiring and connections on the motor terminals for signs of overheating verify tight connections • Check condition of the contacts for wear and pitting if applicable • Verify proper volts and amps • Verify smooth operation of the pump Pump Operating Inspection Description • Verify water flow through pump and check for leaks on the mechanical pump seals • Verify smooth operation of the pump • Verify proper drip rate on the pump seal packing • Visual inspection of entire pump and motor assembly Refrigerant Monitor Maintenance Description • Lock Out Tag Out Refrigerant Monitor • Change Monitor Filter(s) • Start Up Refrigerant Monitor • Calibrate Alarm Monitor • Review Diagnostics and Set up Menu BAS Inspection Description • Ensure accurate controller backup • Review Alarms • Check for overrides ©2021 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Pagel�",W City of Boynton Beach - New Scheduled Service Agreement 2021 Proposal ID: 2763681 i,,,, TM Gi 1Al Ld 1 10 i The following is an overview of the scope of Trane's services to be performed on Covered Equipment. Items marked are included in this agreement. Please Note: Overtime Labor for Scheduled Maintenance, requested by customer, to be performed after regular Trane business hours, will be billed at $78.00 per hour, per technician. ©2021 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Pagepne ,W Annual Maintenance Inspection (1) on all equipment listed (excluding CVHF chillers) Operating Inspections Qty(3) (excluding CVHF chillers) Chiller Storage Maintenance Procedure Qty (2) Chiller Nitrogen Level Check Qty (10) Scheduled Maintenance Labor Scheduled Maintenance Parts and Materials Condenser Tube Brushing once per year — HDWA chiller only Cooling Tower Cleaning once per year — will be recommended as needed and quoted separately Drive Belts supplied by Trane once per year Evaporator Coil Cleaning once per year on Air Handlers Air Filter Changes as required up to Qty O changes per year Air Filters supplied by Trane during maintenance inspections (NEPA Filters not included). Filters included in agreement are MERV-8 disposable filters. If custom or upgraded filters are required difference in cost will be quoted separatel Please Note: Overtime Labor for Scheduled Maintenance, requested by customer, to be performed after regular Trane business hours, will be billed at $78.00 per hour, per technician. ©2021 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Pagepne ,W City of Boynton Beach - New Scheduled Service Agreement 2021 Proposal ID: 2763681 i,,,, i i r 1(/i/a/ii TM T Gi 1Al 1 10j i PRICING AND ACCEPTANCE Customer: City of Boynton Beach 100 East Ocean Ave Boynton Beach, FL 33425 Site Address: City of Boynton Beach Central Plant 208 NE 1St St Boynton Beach, FL 33425 Trane Service Agreement This Service Agreement consists of the pages beginning with the title page entitled "Scheduled Service Agreement," the consecutively numbered pages immediately following such title page, and includes and ends with the Trane Terms and Conditions (Service) (collectively, the "Service Agreement" or "Agreement"). Trane agrees to inspect and maintain the Covered Equipment according to the terms of this Service Agreement, including the "Terms and Conditions," and "Scope of Services" sections. Trane agrees to give preferential service to Service Agreement Customer over non -contract customers. Service Fee As the fee(s) (the "Service Fee(s)") for the inspection and maintenance services described in the Scope of Services section with respect to the Covered Equipment, Customer agrees to pay to Trane the following amounts, plus applicable tax, as and when due. Contract Year Annual Amount USD Payment USD Payment Term Year 1 $37,904 $9,476 Quarter) "This proposal is based upon US Communities contract 15-JLP-023 0 Service Fee Discount. A one-time 3.00 % discount is offered for full payment of 1 year(s) in advance of the commencement of the Service Agreement. Invoice would be issued at start of the Agreement and is due net 15 days from date of invoice. Tax will be calculated based upon the pre -discounted price. This Service Fee discount is for advance payment only under the terms stated in this section and is not applicable to credit card transactions. Please check the box to select this discount option. In addition to any other amounts then due hereunder, if this Agreement is terminated or cancelled prior to its scheduled expiration, Customer shall pay to Company the balance of any amounts billed to but unpaid by Customer and, if a "Service Project" is included in the Agreement, the Cancellation Fee set forth in "Exhibit A" Cancellation Schedule attached hereto and incorporated herein, which Cancellation Fee represents unbilled labor, non -labor expenses and parts materials and components. Subject only to a prior written agreement signed by Trane, payment is due upon receipt of invoice in accordance with Section 4 of the attached Terms and Conditions. Term The Initial Term of this Service Agreement is 1 year, beginning July 1, 2021. However, Trane's obligation under this Agreement will not begin until authorized representatives of Trane and Customer have both signed this Agreement in the spaces provided below. Following expiration of the initial term on June 30, 2022, this Agreement shall renew automatically for successive periods of 1 year (the "Renewal Term") until terminated as provided herein. If you do not want to renew this Agreement for the Renewal Term, please notify Trane by telephone or by U.S. mail prior to the expiration date set forth in the preceding sentence. If any questions arise regarding this Service Agreement or how to cancel this Agreement, Trane can be reached either by telephone at (561) 683-1521 or by direct mail addressed to: 6965 Vista Parkway North, Ste. 11 West Palm Beach, FL 33411. Renewal Pricing Adjustment The Service Fees for an impending Renewal Term shall be the current Service Fees (defined as the Service Fees for the initial Term or Renewal Term immediately preceding the impending Renewal Term) annually adjusted based on ©2021 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page PP4E&§4� City of Boynton Beach - New Scheduled Service Agreement 2021 Proposal ID: 2763681 i,,,, TM Gi 1Al Ld 1 10 i changes to the cost of service. The Service Fees for an impending Renewal Term shall be set forth in the service renewal letter furnished to Customer. Cancellation by Customer Prior to Services; Refund If Customer cancels this Agreement within (a) thirty (30) days of the date this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and if no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent (10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. Cancellation by Company This Agreement may be cancelled during the Initial Term or, if applicable, a Renewal Term for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to the scheduled expiration date and Company will refund to Customer, or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. This Aareement is subiect to Customer's acceptance of the attached Trane Terms and Conditions Authorized Representative Printed Name Title Purchase Order Acceptance Date Submitted By: Jerry Shugart Proposal Date: June 3, 2021 Cell: (561) 287-2681 License Number: CACO23485 Authorized Representative Title Signature Date ©2021 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Pagepm �,W City of Boynton Beach - New Scheduled Service Agreement 2021 Proposal ID: 2763681 i,,,, TM T Gi 1Al 1 10j i TERMS AND CONDITIONS "Company" shall mean Trane U.S. Inc. for Company performance in the United States and Trane Canada ULC for Company performance in Canada. 1. Agreement. These terms and conditions ("Terms") are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the following commercial services as stated in the Proposal (collectively, the "Services"): inspection, maintenance and repair (the "Maintenance Services") on equipment (the "Covered Equipment"), specified Additional Work (if any), and, if included in the Proposal, Intelligent Services, Energy Assessment, Energy Performance Solutions, and any other services using remote connectivity (collectively and individually referred to in these Terms as "Energy and Building Performance Services"). COMPANY'S TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer") delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to these Terms and Conditions. If Customer's order is expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's Terms and Conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counter-offer to perform in accordance with the Proposal and Company Terms and Conditions. If Customer does not reject or object in writing to Company within 10 days, Company's counter-offer will be deemed accepted. Customer's acceptance of performance by Company will in any event constitute an acceptance by Customer of Company's Terms and Conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or Terms and Conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Services provided by Company to the date of cancellation. 3. Fees and Taxes. Fees for the Services (the "Service Fees") are as set forth in the Proposal. Except as otherwise stated in the Proposal, Service Fees are based on performance during regular business hours. Charges for performance outside Company's normal business hours shall be billed separately according to then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fees, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with an acceptable tax exemption certificate. 4. Payment. Payment is due upon receipt of Company's invoice. Service Fees shall be paid no less frequently than quarterly and in advance of performance of the Services. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Without liability to Customer, Company may discontinue performance whenever payment is overdue. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due or otherwise enforcing this Agreement. 5. Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right, without an election of remedies, to suspend performance or terminate this Agreement by delivery of written notice declaring termination. Upon termination, Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead): (a) Any failure by Customer to pay amounts when due; (b) any general assignment by Customer for the benefit of its creditors, Customer's bankruptcy, insolvency, or receivership; (c) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (d) Any failure by Customer to perform or comply with any material provision of this Agreement. 6. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances when Company performs the Services. Company may refuse to perform where working conditions could endanger property or put people at risk. Unless otherwise agreed by Customer and Company, at Customer's expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. This Agreement presupposes that all major pieces of Covered Equipment are in proper operating condition as of the date hereof. Services furnished are premised on the Covered Equipment being in a maintainable condition. In no event shall Company have any obligation to replace Covered Equipment that is no longer maintainable. During the first 30 days of this Agreement, or upon initial inspection, and/or upon seasonal start-up (if included in the Services), if an inspection by Company of Covered Equipment indicates repairs or replacement is required, Company will provide a written quotation for such repairs or replacement. If Customer does not authorize such repairs or replacement, Company may remove the unacceptable equipment from the Covered Equipment and adjust the Service Fees accordingly. Customer authorizes Company to utilize Customer's telephone line or network infrastructure to connect to controls, systems and/or equipment provided or serviced by Company and to provide Services contracted for or otherwise requested by Customer, including remote diagnostic and repair service. Customer acknowledges that Company is not responsible for any adverse impact to Customer's communications and network infrastructure. Company may elect to install/attach to Customer equipment or provide portable devices (hardware and/or software) for execution of control or diagnostic procedures. Such devices shall remain the personal proprietary property of Company and in no event shall become a fixture of Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices used in connection with the Services on Customer equipment. Company may remove such devices at its discretion. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. 7. Customer Obligations. Customer shall: (a) Provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; (b) Follow manufacturer recommendations concerning teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; unless expressly stated in the Scope of Services statement, Company is not performing any manufacturer recommended teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; and (c) Where applicable, unless water treatment is expressly included in the Services, provide professional cooling tower water treatment in accordance with any reasonable recommendations provided by Company. 8. Exclusions. Unless expressly included in the Covered Equipment or the Services, the Services do not include, and Company shall not be responsible for or liable to the Customer for any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from, any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, maintenance, repair, replacement of or services for: chilled water and condenser water pumps and piping; electrical disconnect switches or circuit breakers; motor starting equipment that is not factory mounted and interconnecting power wiring; recording or portable instruments, gauges or thermometers; non-moving parts or non -maintainable parts of the system, including, but not limited to, storage tanks; pressure vessels, shells, coils, tubes, housings, castings, casings, drain pans, panels, duct work; piping: hydraulic, hydronic, pneumatic, gas, or refrigerant; insulation; pipe covering; refractory material; fuses, unit cabinets; electrical wiring; ductwork or conduit; electrical distribution system; hydronic structural supports and similar items; the appearance of decorative casing or cabinets; damage sustained by other equipment or systems; and/or any failure, misadjustment or design deficiencies in other equipment or systems; (c) Damage, repairs or replacement of parts made necessary as a result of electrical power failure, low voltage, burned out main or branch fuses, low water pressure, vandalism, misuse or abuse, wear and tear, end of life failure, water damage, improper operation, unauthorized alteration of equipment, accident, acts or omissions of Customer or others, damage due to freezing weather, calamity, malicious act, or any Event of Force Majeure; (d) Any damage or malfunction resulting from vibration, electrolytic action, freezing, contamination, corrosion, erosion, or caused by scale or sludge on internal tubes except where water treatment protection services are provided by Company as part of this Agreement; (e) Furnishing any items of equipment, material, or labor/labour, or performing special tests recommended or required by insurance companies or federal, state, or local governments; (f) Failure or inadequacy of any structure or foundation supporting or surrounding the equipment to be worked on or any portion thereof; (g) Building access or alterations that might be necessary to repair or replace Customer's existing equipment; (h) The normal function of starting and stopping equipment or the opening and closing of valves, dampers or regulators normally installed to protect equipment against damage; (i) Valves that are not factory mounted: balance, stop, control, and other valves external to the device unless specifically included in the Agreement; (j) Any responsibility for design or redesign of the system or the Covered Equipment, obsolescence, safety tests, or removal or reinstallation of valve bodies and dampers; (k) Any services, claims, or damages arising out of Customer's failure to comply with its obligations underthis Agreement; (1) Failure of Customerto follow manufacturer recommendations concerning teardown and internal inspection, overhaul and refurbishing of equipment; (m) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement ("Pre -Existing Conditions"), including, without limitation, damages, losses, or expenses involving pre-existing building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi; (n) Replacement of ©2021 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Pagg &q�4� City of Boynton Beach - New Scheduled Service Agreement 2021 Proposal ID: 2763681 i,,,, TM Gi 1Al Ld 1 10 i refrigerant is excluded, unless replacement of refrigerant is expressly stated as included within the Services, in which case replacement shall in no event exceed the stated percentage of rated system charge per year expressly stated in the Services; (o) crane or rigging costs; (p) Any Services, claims, or damages arising out of refrigerant not supplied by Trane. Customer shall be responsible for: (i) The cost of any additional replacement refrigerant; (ii) Operation of any equipment; and (iii) Any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 9. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement; and (b) the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company's obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company -provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. THE ENERGY AND BUILDING PERFORMANCE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. 10. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 11. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY ORANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BYLAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 12. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos polychlorinated biphenyl ("PCB"), or other hazardous materials (collectively, "Hazardous Materials"). Customer warrants and represents that there are no Hazardous Materials on the premises that will in any way affect Company's performance, except as set forth in a writing signed by Company disclosing the existence and location of any Hazardous Materials in all areas within which Company will be performing. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and notify Customer. Customer will be responsible for correcting the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the premises site for the presence of Hazardous Materials. 13. Insurance. Company agrees to maintain the following insurance during the term of this Agreement with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive rights of subrogation. 14. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company is unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tornado; storm; fire; civil disobedience; pandemic; insurrections; riots; labor/labour disputes; labor/labour or material shortages from the usual sources of supply; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 15. Maintenance Services Other Than Solely Scheduled Service. If Company's Maintenance Services hereunder are not limited solely to Scheduled Service, the following provisions shall also apply: (a) Required restoration shall be performed by Customer at its cost prior to Company being obligated to perform hereunder; (b) any changes, adjustments, service or repairs made to the Equipment by any party other than Company, unless approved by Company in writing, may, at Company's option, terminate Company's obligation to render further service to the Equipment so affected; in such case no refund of any portion of the Service Fees shall be made; and (c) ©2021 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Paged 61gM City of Boynton Beach - New Scheduled Service Agreement 2021 Proposal ID: 2763681 i,,,, TM Gi 1Al Ld 1 10 i Customer shall (i) promptly notify Company of any unusual performance of Equipment; (ii) permit only Company personnel to repair or adjust Equipment and/or controls during the Term or a Renewal Term; and (iii) utilize qualified personnel to properly operate the Equipment in accordance with the applicable operating manuals and recommended procedures. 16. Remote Connectivity. Customer grants to Company the right to remotely connect (via phone modem, internet or other agreed upon means) to Customer's building automation system (BAS) and or HVAC equipment to view, extract, or otherwise collect and retain data from the BAS, HVAC equipment or other building systems, and to diagnose and remotely make repairs at Customer's request. The Intelligent Services, including any reports and other information Company provides, are intended to provide operational assessments and recommendations. Electronic Monitoring. Any electronic monitoring Company performs is undertaken solely to enable Company to collect the data and perform any analysis included in Company's Services. Customer agrees that Company is not liable for inability to perform and/or losses that may occur in cases of malfunction or nonfunctioning of communications equipment, HVAC and other equipment, the energy management system, failure to identify equipment or system performance issues, failure to recommend corrective action, or otherwise related to the monitoring of Customer's equipment and building systems. Data Collected. Customer hereby grants to Company the irrevocable, perpetual, nonexclusive, worldwide, royalty -free right and license to use, reproduce, display, distribute internally or externally and prepare derivative works based upon any such data Company collects from Customer. Company shall not use or publish such data in any way that identifies Customer as the source of that data without Customer's prior written consent. The data Company will collect from Customer will not include any personal or individual information. Upon Customer's written request, Company will endeavor to provide an electronic copy of data collected from Customer, subject to availability. For Energy and Building Performance Services (except Energy Assessments and digital assessments), Company will use commercially reasonable efforts to store Customer's data for up to 18 months. Company cannot guarantee the availability of the data. Data Privacy and Security. Company has implemented various security measures for the purpose of protecting Customer's data against accidental or unlawful access, unauthorized disclosure, loss, destruction, and alteration. Customer is responsible for maintaining the confidentiality of Customer's user name(s) and password(s). Customer is responsible for all uses of Customer's password(s), whether or not authorized by Customer. Customer must inform Company immediately of any unauthorized use of Customer's user name(s) or password(s). Transmission of data over the Internet by its nature entails the use of systems under the control of third parties, and as a result Company cannot ensure total control of the security of such systems. Company will take commercially reasonable efforts to ensure that data and other configuration parameters are not visible or accessed by other customers. Customer acknowledges that the very nature of communication via the Internet restricts Company from offering any guarantee of the privacy or confidentiality of information relating to Customer passing over the Internet. In gaining access via the Internet, Customer also acknowledges and accepts that electronic communication may not be free from interference by unauthorized persons and may not remain confidential. Customer therefore accepts that access and storage of data is at Customer's own risk. Company will notify Customer of any breach in security of which Company become aware. Any breach in privacy of which Customer become aware should be reported by Customer to Company immediately. Company does not disclose Customer's information to third parties for their marketing purposes, but Company does use third party software and services to assist Company with collecting and analyzing information. Company may also disclose Customer's information if required to do so by law, in which case, Company would inform Customer of such disclosure. 17. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which Company performs the Services. Any dispute arising under or relating to this Agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by United States Federal judicial bodies and boards of contract appeals of the United States Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other Terms of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties' respective successors and assigns. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 18. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights In the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 19. U.S. Government Services. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222- 36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 20. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver or its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue: (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.130-7 (0415) Supersedes 1-26.130-7 (1114) ©2021 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page" &qM City of Boynton Beach - New Scheduled Service Agreement 2021 Proposal ID: 2763681 i,,,, TM Gi 1Al Ld 1 10 i APPENDIX Trane is completely dedicated to making buildings better. The ongoing pursuit of better buildings, using our long-term domain expertise to push new technologies into everyday use, keeps us at the forefront of the industry. In addition to the services details in the agreement above, we take practical steps every day to ensure our approach is safe and efficient. Since 2003, U.S. Bureau of Labor Statistics records have consistently shown the Total Recordable Incident Rate (TRIR) and Days Away From Work (DAFW) for Trane have been significantly lower than those for HVAC repair and maintenance contractors and specialty trade contractors (construction). The company's safety culture in America is unparalleled in the building service industry, with proven results in the continuous reduction of injury rates. Trane incident rates (OSHA) are consistently 50 to 70 percent below the industry average. A wide range of safety training and resources are available to Trane technicians, including: • Safety training -20 hours per year • Electrical safety—NFPA 70E compliant, electrical PPE • Fall protection • Ergonomics • Smith System Safe Driving Program • USDOT compliance • Refrigerant management training Trane policies and procedures are compliant with all federal and state regulations. Refrigerant (and substitutes) handling, storage and leak repair processes are compliant with Environmental Protection Agency regulation 40 CFR Part 82. Service technicians are Universal -certified and use only certified recovery equipment Refrigerant Management Software (RMS) captures, manages and reports all refrigerant activity at your site. Annually, Trane will send you a report documenting all refrigerant activity that we performed for each piece of equipment during the past 12 months Trane adheres to all environmental regulations when removing used oil from refrigeration units. We have a national contract with a qualified supplier to recycle or dispose of used oil appropriately. Nationwide, Trane technicians follow documented, formal processes that ensure uniform service delivery. As an OEM, Trane has developed exclusive service procedures which provide the most reliable outcomes, and extended equipment longevity, at the most cost-effective price. ©2021 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page" YqM City of Boynton Beach - New Scheduled Service Agreement 2021 Proposal ID: 2763681 i,,,, TM Gi 1Al Ld i • Exclusive service work flow processes provide detailed steps and information encompassing parts, materials, tools and sequence of execution • Additional steps addressing safety, quality control, work validation and environmental compliance • Technicians must consistently reference documented processes to ensure no critical steps are skipped or omitted • Applicable service processes meet or exceed ASHRAE 180-2008 Standard Practice for Inspection and Maintenance of Commercial Building HVAC Systems ©2021 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page dqM RESOLUTION NO. R20-058 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY -BACK OF THE US COMMUNITIES CONTRACT 15-JLP-023 BETWEEN TRANS AND HARFORD COUNTY PUBLIC SCIIOOLS, MD., AND AUTHORIZE THE CITY MANAGER TO SIGN A PIGGYBACKING AGREEMENT; APPROVE ISSUANCE OF A PURCHASE ORDER FOR A 400 TON (T) TRANE CHILLER ATA COST OF 5154,960 ANDA PURCHASE ORDER FOR INSTALLATION OF THE NEW UNIT AND ASSOCIATED COSTS AT A COST OF 5175,916 FOR A TOTAL VALUE OF 5330,876; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in September, 2019 the City Commission approved the purchase and installation of a used 350T swing chiller for the District Energy System (DES) to provide limited energy through the summer of 2020 while the construction of the private development on the S(Alth parcel was completed; and WHEREAS, the unit purchased was a used unit at a greatly diSCOUnted price because of the anticipated short term need for a srnaller unit and not adequate to provide the required energy to the new public buildings; and WHEREAS, the proposed project will make use of the infrastructure installed with the older 3507 chiller, including the mechanical piping and the electrical systems, and replace the unit with a new 400T unit Which will be more efficient with lower power consumption and will require considerably less maintenance and at the same time, special taps will be installed in the cooling water piping loop to provide connections for emergency standby chillers in the event of"a systern failure until Such time as the large 1500T chillers can be operated; and WHEREAS, the City Commission of' the City of Boynton Beach, upon the recommendation of staff, deems it in the best interest of'the citizens and residents of the City of Boynton Beach to approve the piggy -back of the US Communities Contract 15-,11-,1'-023 between Trane and Harford County Public Schools, MD., and authorize the City Manager to sign a piggybacking agreement; Approve issuance of a purchase order for a 400 Ton (T) Trane S \CAT I NAgreements Tiggy-hack -with Trane and Il artfoid (400'1 on 'I rane (;'hiller) -Reso.docx Page 81 of I 3 3 3) 3 3 3 4�' 4 4r 5 5 5 5 Chi I I er at a cost of $154,960 and a purchase order for installation of the new unit and associated costs at a cost of 9;175,916 for a total value of $330,876. NOW,TIIEREFORE, BE IT RESOLVED 13Y THE CITY COMMISSION OF 'rfiF, crry OF BOYNTON BEACH, FLORIDA,TUAT: Section I . The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves the piggy -back ofthe US Coin in un ities Contract 15-.11-,P-023 between Trane and Harford County Public Schools, MD., and authorize the City Manager to sign a piggybacking agreennent; approves issuance of a purchase order for a 400 Ton (T) Trane Chiller at a cost of $154,960 and a purchase order for installation of the new unit and associated costs at a cost of $175,916 for a total value of" $330,876. A copy of the piggy -back Contract is attached hereto as F'Ahibit "A". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this- -.3 day ot'June, 2020. J4?— CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor —Ty Penserga Commissioner —Justin Katz Commissioner —Woodrow L. I lay Commissioner — Christina L. RornelUS -- A f EST: VOTE S. C stal Gibson, MMC City Clerk "2 o' (Corporate Seal) S \(,'A\RI:SO\Agi-eei-r)ejits\lliggy-back - with Trano arld'Itailford (40( L)0 I 'i Trane Chiller) Reso (10 - Page 82 of ,-�\ acs -o5 6 This Agreement is made as of this 16th day of June, 2020 by and between TRANE, a U.S. Communities and National IPA (both wholly-owned subsidiaries of OMNIA Partners) with a principal address 800-B Beaty Street Davidson, NC 28036 and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, in order to maintain the utilities facilities to the public, the Utilities Department is requesting the City enter into an Agreement with TRANE to perform installation of a 400 Ton Chiller; and WHEREAS, TRANE, has agreed to allow the City to piggy -back the Trane Contract Number: 15-JLP-023 with Harford County Public Schools, MD. contained in EXHIBIT "A", a U.S. Communities and National IPA (both wholly-owned subsidiaries of OMNIA Partners Agreement pursuant to to provide installation of a 400 Ton Chiller in the amount of $330,876.00 commencing July 10,2020; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section L The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Lection 2. The City and TRANE agree that TRANE shall provide 400 Ton Chiller in the amount of $154,960.00 and installation for $175,916.00 for a total amount of $330,876.00 commencing July 10, 2020, in accordance with Trane Contract Number: 15-JLP-023 with Harford County Public Schools, MD., a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to the Trane Contract Number: 15-JLP-023 with Harford County Public Schools, MD. shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 Piggyback Trane Contract 15-JLP-023- Harford County Public Schools, MD. Page 83 of 943 City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 /Facsimile: (561) 742-6090 Copy James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: PUBLIC RECORDS. Seated documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. Page 2 Piggyback Trane Contract 15-JI,P-023- flarford County Public Schools, MD. Page 84 of 943 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 SCRUTINIZED COMPANIES -- 287.135 AND 215,473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law, EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 3. In the event that the Trane Contract Number: 15-JLP-023 with Harford County Public Schools, MD. is amended, or terminated, Trane shall notify the City within ten (10) days. In the event the Trane Contract Number: 15-JLP-023 with Harford County Public Schools, MD. is amended Page 3 Piggyback Trane Contract 15-JLP-023- 1-larford County Public Schools, MD. Page 85 of 943 or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. TRANS agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which tile City determines to be more favorable than the terms in this Contract, the parties shall enter into in Addendum to provide those terms to the City. Section 5. ']'he insurance,, required shall require that tile Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, tile terrusaild conditions of the 'Trane Contract Number: 15- JLT-023 with Harford County Public Schools, MD, are hereby ratified and shall remain in fbil force and eff'cel under this Contract, as provided by their terms. IN WIT NESS OF THE, FOREGOING, the pat -ties have set their hands and seals the day and year first written above. CI`VY OF BOYNTON BEACH, FLORIDA (-i Clerk ffMflMWWM Jaynes A. Cherof*qCity, WITNI"ISSES: 1% 1 1 UO I - I SECRETARY By: 110 -i LaVerriere, City Manager 41 TRANF B Yr.,: Print Narn L/ Title: Page 4 Piggybavk I rare Contract 15-31,1)-023- i J�arft)j-(l (,"OUtIty I'Liblic Scho(fls, MD. Page 86 of 943 Trane Contract Number: 16-JLP-023 with Harford County •Communities (both wholly-owned subsidiaries of OMNIA Partners Agreement) Page 5 Piggyback Trane Contract 15-JLP-023- Harford County Public Schools, MD. Page 87 of 943 a Span W NiKon, Ed DI Su porintendent of Schools 0 W.") CUi 41 A C, 11 1 rT#qf'9rWKW %*%JFWfl U T I � "Y m vue, 0 Au, Maryland 2 0 4 PUBLIC SCI100LS Office: 410 -109 -Mi) - wwwficps o(t) - fax 410-89,1-2478 I lnlwvlhlr ol", IPIrellr�I&I,el-1-1,N�q.,11�-Neg�-vleI RFP #15 -)LP -023 RENEWAL #2 October 1, 2020 – September 30, 2022, This contract renewal is made and entered into this/17V I— day of August, 2019, by Harford County Public Schools, 102 South Hickory Avenue, Bel Air, Maryland (hereafter referred to as Owner) and Trane, a corporation located at 800 Beaty Street, in the city of Davidson, and State of North Carolina, (hereafter referred to as Contractor). WHEREAS, Owner and Contractor have entered Into an Agreement dated September 29, 2015 (hereafter referred to as the Contract), for the Contractor to provide comprehensive HVAC Products, installation, Services and Related Products and Services in accordance with RFP #15-11_P-021 WHEREAS, the original Contract term will expire on September 30, 2020; I THEREFORE, for and in consideration of the mutual promises to each other, as in hereinafter set forth; the parties hereto do mutually agree to renew the Contract as per the conditions set forth in the original Contract, as follows: 1. Owner chooses to offer the second and final option to renew this contract for two (2) year for the time period from October 1, 2020 through September 30, 2022. 2. Pricing structures and related pricing terms will remain the same as the original terms and conditions. 3. All other terms, conditions and provisions of the Contract remain in effect. 4. There Is no renewals remaining for this Contract., WHEREAS, the parties hereto desire to set the terms of the renewal to writing; IN WITNESS WHEREOF, Owner and the Contractor have executed the renewal agreement the day and year written above. HARZF' OO COiUNTWY PUBLIC SCHLS Name: Bobble Wilkerson, CPPD, CPPB Title: Supervisor- of Purchasing Date: Signature Name. 4A,4 T v itle: lc -f= Date: (5/1 Page 88 of 943 Mn Consent Agenda 6/15/2021 Requested Action by Commission: Proposed Resolution No. R21- 056 - Approving the release of Declaration of Unity of Title for Knuckles, LLC properties, located at the NW corner of South Federal Highway and SE 23rd Avenue. Explanation of Request: Attorney Les H. Stevens, on behalf of Knuckles LLC, is requesting the City release the Unity of Title which is currently tying five (5) lots together. Two (2) new Unity of Titles will take the place of the one requested to be released. Lots 1 and 2 have recently been developed with a fast food restaurant (Taco Bell) and require a Unity of Title. Knuckles, LLC is planning to sell Lots 3, 4 and 5, lying immediately to the west of the restaurant, to another party. These remaining three (3) lots must be unified to meet the minimum lot standards of the zoning district. The existing development on Lots 1 and 2 was approved with a cross access easement to allow for both properties to use a single driveway. A 20'x20' utility easement is required on Lot 3, as agreed to by the owner as a condition of approval associated with the Taco Bell project, for the relocation of a lift station. For further information, see the accompanying request for the release, associated exhibits and proposed utility easement. Staff recommends approval of the Release of Unity of Title. How will this affect city programs or services? N/A. Fiscal Impact: N/A. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 89 of 943 Attachments: Type D IRE)S()l LA ti 0 II'l D A ttac h rTIE) II'l t D A ttac h rTIE) II'l t D A ttac h rTIE) II'l t D A ttac h rTIE) II'l t D Attac, h rTIE) II'l t Description RE)SOkAboin approvirlg IRE)�baSE) Of DE)Cdaratioin of Uinity of fltb'S IRE)�b,aSE) of Uinity of TiCE) :REqL.JIE)St for IRE)�baSE) of Uinity of TiCE) Uinity of TiCE) (Il OtS 1 aind 2) Uinity of TiCE) (Il ots 3, 4, aind 5) 1 Jift Staboin EaSENrTIENI'lt Page 90 of 943 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RELEASE OF THE DECLARATION OF UNITY OF TITLE FOR PROPERTIES, LOCATED AT THE NW CORNER OF SOUTH FEDERAL HIGHWAY AND SE 23RD AVENUE AND AUTHORIZING THE MAYOR TO SIGN THE RELEASE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Attorney Les H. Stevens, on behalf of Knuckles LLC, is requesting the City release the Unity of Title which is currently tying five (5) lots together and two (2) new Unity of Titles will take the place of the one requested to be released; and WHEREAS, Lots 1 and 2 have recently been developed with a fast food restaurant (Taco Bell) and require a Unity of Title, while Knuckles, LLC is planning to sell Lots 3, 4 and 5, lying immediately to the west of the restaurant, to another party; and WHEREAS, These remaining three (3) lots must be unified to meet the minimum lot standards of the zoning district; and WHEREAS, the City Staff has reviewed the request and recommends approving the Release of the Declaration of Unity of Title for the properties located at the NW corner of South Federal Highway and SE 23rd Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission approves the Release of the Declaration of Unity of Title for properties located at the NW corner of South Federal Highway and SE 23rd Avenue and Page 91 of 943 27 authorizes the Mayor to sign the Release of Unity of Title and any related documents to effectuate 28 the release, a copy of which is attached hereto as Exhibit "A". 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 15th day of June, 2021 CITY OF BOYNTON BEACH, FLORIDA YES NO ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) Mayor — Steven B. Grant Vice -Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga VOTE Page 92 of 943 Instrument Prepared By and Return To: City Attorney's Office City of Boynton Beach PO Box 310 Boynton Beach, FL 33425 RELEASE OF UNITY OF TITLE THIS RELEASE OF UNITY OF TITLE (the "Release") is made and entered into on the day of 2021, by the City of Boynton Beach, Florida, a Florida municipal corporation ("City"). WITNESSETH: WHEREAS, a Unity of Title was recorded in the public records of Palm Beach County in Official Records Book 23512, Page 652 on October 26, 2009 ("Unity of Title") against the following property (the "Property"): Lot 1, less the existing right-of-way for U.S. Highway No. 1 (State Road 5), and Lots 2, 3, 4 and 5, of ROBINSON'S ADDITION, according to the Plat thereof, as recording in Plat Book 23, Page 144 of the Public Records of Palm Beach County, Florida. WHEREAS, City desires to release the Unity of Title so that two (2) additional separate unity of titles may be recorded on the Property; and WHEREAS, the administrative head of the Boynton Beach Department of Development, has approved this Release; and WHEREAS, the Boynton Beach City Commission has approved this Release. NOW THEREFORE, for a valuable consideration, the sufficiency of which is acknowledged by the execution and acceptance of this Release, the City of Boynton Beach hereby releases the Property from the Unity of Title and declares the Property free and clear of the operation and effect of same. Accordingly, the Unity of Title is hereby deemed released, cancelled, terminated and shall be of no further force or effect with respect to the Property. [SIGNATURES AND ACKNOWLEDGEMENT ON THE FOLLOWING PAGE] 100451177.2 306-90018211 Page 93 of 943 IN WITNESS WHEREOF, the undersigned has executed this Release of Unity of Title as approved by the City Commission as its meeting of day of , 2021. Signed, sealed and delivered in the presence of: Witness 41 Printed Name: Witness 42 Printed Name: ATTEST: Crystal Gibson, MMC, City Clerk STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) CITY OF BOYNTON BEACH, FLORIDA, a political subdivision of the State of Florida By:_ Name Title: Steven B. Grant Mayor Approved as to Form: City Attorney's Office The foregoing instrument was acknowledged before me ( ) in person or O by online notarization, this day of , 2021 by Steven B. Grant, as Mayor of the City of Boynton Beach. He is personally known to me or produced as identification. Notary Public, State of Florida My commission expires: [Notarial Seal] 100451177.2 306-90018211 2 Page 94 of 943 LAW OFFICFS LES H. STEVENS, P.A. 5301 NORTH FEDERAL HIGHWAY SUITE 130 BOCA RATON, FLORIDA 33487 Telephone: (561) 989-9797 Facsimile: (561) 989-8484 E -Mail: lesstevens@earthlink.net FWATOMBIWIffin Via FedEx City of Boynton Beach # *4 e Attn: Amanda Basili-Ratigan 100 East Ocean Avenue Boynton Beach, Florida 33435 RE: Release of Unity of Title Our File No. 21-138 As we discussed in our telephone conversation earlier this week, this office represents Knuckles, LLC, the owner of that certain property located at 2319 South Federal Highway, Boynton Beach, consisting of Lots 1-5 (less U.S. 1) of Robinson's Addition (PB 23, Page 144, Public Record of Palm Beach County, Florida). In 2009, a Unity of Title was required as part of the intended development of these lots as a townhouse community, and recorded in Official Records Book 23512, Page 652, of the Public Records of Palm Beach County, Florida ("Original Unity of Title"). Consistent with the Unity requirement, the prior owners recorded a Declaration of Covenants and Restrictions. This development was never commenced, and my client, as current owner, terminated the Declaration in the Public Records. Recently, my client has leased Lots 1 and 2 for the Taco Bell that was currently built. At the time of construction of same, the City required a Unity of Title for Lots 3, 4 and 5, which was recorded in Official Records Book 31309, Page 58, of the Public Records of Palm Beach County, Florida; however, the Original Unity of Title was not released. My client is now under contract to sell Lots 3, 4 and 5, and a formal termination of the Original Unity of Title is hereby required. In furtherance of this request, enclosed are the following: 1 Original Unity of Title recorded in Official Records Book 23512, Page 652, of the Public Records of Palm Beach County, Florida, which is the subject of this release request; 2. Declaration of Unity of Title for Lots 3, 4 and 5 recorded in Official Records Book 31309, Page 58, of the Public Records of Palm Beach County, Florida, which shall remain in full force and effect; Page 95 of 943 gwl City of Boynton Beach P&Z April 16, 2021 Page 2 I A copy of the as -built survey on Lots 1 and 2 (Taco Bell); and 4. A copy of a survey of Lots 1-5 (a new survey for Lots 3, 4 and 5 is pending completion of due diligence by the proposed purchaser of said Lots). 5. This office's check in the sum of $150.00, which represents the application fee for the Release of the Unity of Title. Request is hereby made for the Release of the Unity of Title recorded in OR 23512, Page 652, of the Public Records of Palm Beach County, as provided in said Unity document. As time is of the essence in my client's proposed sale, your immediate assistance is greatly appreciated. Should you have any questions, or require to speak further on this matter, please, do not hesitate to contact me. Very truly y rs, ,Les H Ste S LHS/ns enclosures (w/check) cc: Knuckles, LLC Page 96 of 943 City of Boynton Beach Building Division 100 E. Boynton Beach Blvd, Boynton Beach, FL 33435 Record and Return b: �ocaAndrew B. Blasi, Esquire Shapiro, Blasi, Wasserman & Gore, P.A. 7777 Glades Road, Suite 400 BS 3, Raton, Florida 334.34 CF'N 20090372609 OR SK 23SI2 RECORDED 10/26/200 PS 06S2 9 11:06:58 Paim l3each CountY, Floridla I" Sharon R. Bock,CLERK & COMPTROLL Pge 0652 - 653; Qpgs) 11 (Space Above This Line For Recording Data) DECLARATION PE 1 " OF TITLE NOW ALLY THESE PRESENTS, that REALTY AC INC, a Flof d QUI & 'K!Vriporatlon, pursuant to the ordinances of the CitSITIONS TRUST, y of Boynton Beach pertaining to the u8n ce of building permits and regulating building construction ed activities, the and , being the fee owners of the following described real property situated in the Cityj ton Beach, County of Palm Beach and State of Florida to -wit: 0 2319 South Federal Highway 1;. Boynton Beach, Florida 33435 Xj Legal descrip 1, less the existing right-of-way for U.S. Shway No. I (State FZoad 5), and Lots 2, 3, 4 and f ROBINSON'S ADDITION, according to the Plat t of, as recorded in Plat Book 23, Page 144 of t lic Records Of Palm Beach County, Florida. does hereby make the following =d7ions of condition, limitation and restriction on said lands, hereinafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: That the aforesaid plot or combination of separate lots, Plots, parcels, acreage or portions thereof, shall hereinafter be regarded and is hereby declared to be unified under one (1) title as an indivisible building site. 2. That the said property shall be henceforth be considered as one (1) plot or parcel Of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety as one plot or parcel of land. The undersigned further agree(s) that this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding anon Quluvouaorb anO assiqns. ang `chi{ nn 'rn LNf-lu azs Lne same may be released in writing by the authority of the administrative head of the Boynton Beach Department of Development and approved by the City Attorney and the Mayor upon submittal of request, applicable fees and r:WCS\R081 EszateCientsWstale, RctertUmty of Title Form,doc Page 97 of 943 A '4 evidence that the agreement is no longer required by law. The undersigned also agrees at this instrument shall be placed of record in the office of the Clerk of the Circuit t rt of Palm beach County, Florida. oSigned, sealed, witnessed and acknowledged this-26day of October, 2009. REALTY ACQUISITION & TRUST, INC corporation RdBERT JLVI "LE,Preslident e mil Printed Name of Witness'-77�� o STATE OF FLORIDA I HEREBY CERTIFY that on t day of October, 2009, before me personal -.ppeared ROBERT J. VITALE, resident of Realty Acquisitions & Trust, Inc., Florida corporation, on behalf• corporation to me known to be the perso alKcc •- ••• in and who executed, t •oing instrument and they acknowledged to the execution thereof to be their f=t and deed for the uses and purpose here mentioned. I WITNESS my signature and official seal at in the County and State aforesaid. Qtary P IC, State of Florida My Commission Expires: 2 F:=CS\Rea1 Estate\Ghentz\Vqta1e, RobertUnity of Tide Formdoc ABIUL COLON MY 1 COMMISSION 4 DO 570266 FXF KS US 7, 2010 Wluw 1,11,u IS � AU UU,1 41" pl*# lowyp ICUN"Iftl1t1b Book23512/Page653 Page 2 of 2 Page 98 of 943 This lrrstrument Prepared By., Record and FZaturn To, Les H. Stevens, Esquire Les H, Stevens, P,A, 5301 North Federal Highway Suite 130 Baca Raton, Florida 33487 [A$0VE THIS LINE FOR RECORDING INFORMATIONJ RNRT4=1 ;17, �-IrIN 4V4UU I UUUVO OR BK 31309 PG 58 RECORDED 03/19/2020 11:57:13 Palm Beach County, Florida AMT Sharon R. Bock CLERK & COMPTROLLER Pgs 0058-0059; (2Pgs) Lots 3,4 and 5, ROBIN:50N ADDITIOK according to the Map or plat thefeaf, as recorded in Plat Book 23, Page 114, of the Public Records of Palm Beach County, Florida does hereby make the fa ibwirig declarations of conditions, limitatioiis and restrictions Un said lands. hereinafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars', That the aforesaid plat or combination of separate Jots. plots, parcels, acreage or portions therevf, shall hereinafter be regarded and is hereby declared to be unified under one (1) title as an indNisible building sile', 2. That the said property sr all be henceforth be conis4ered as one (1) plot or parcel of land, and that no portion thereof shall be sold, assigned, transfurred, conveyed or devised separately except in its entirety as one p1l or parQel of Is nd. The undersigned further agrees that this Declaration of Unity of Title shall constitute a covenant to run with the land, as provOed by law, and Shall be bindir)g upon the undersigned. their hoirs, su"essors and assigns and all parties claiming undaf them until such time may be released in writing by the authority of the administrative head of the Boynton Beach De pa rtm en It of Devellopm e n I and e pproved t)y the City, Attorney and the Mayor upon su bmittall of reeclues t, applicable fees and evidence that the agreement is no longer req u i red by law. The undersigned aslo agrees that this instrument shall be placed of reloord in Vis office of'ft Clerk of the Circuit Court of Palm Beach, County, Florida. LIMA Clay of 20 Z -Q 'Alan Rather, President Page 99 of 943 \,,r iv 4ul-uv i uuuzqo BOOK 31309 PAGE 59 2 OF 2 STATE OF FLORDA Theforegoingir$ fnent was arknoWledged beforLt. ML- by moans of[ ]physir online notarization, tf 'a, presence or 49 day Of March, 2020, by Nan Rutner, as President of KWCXLES, LLC, a Delaware limited liability company, -on behalf of the entity who ersonally known 10 me, c.4 ] has produced as identificatior), Y)119 ,A&, -M M� Printed Notary Name CARIGAD A, CARRMUD fjolaly pubibc . Stu& o4 FWrIda (Kpir" jiaura20 26, 2020 Page 100 of 943 CD2III4I,I9SON ENGWETWG jlipDMGN INC. Page 101 of 943 a m13 ti r I e � U r pp x CD2III4I,I9SON ENGWETWG jlipDMGN INC. Page 101 of 943 z fry N � t S,E, 31d STREET (F 65 V '33 NO0*31'20"W 140.00' C) 8 E 1 s. IE IT, Q 9 z Y i5 Imo` 0 z fry N � lJ w� S HIGFj- y N Ian;.CO 2 aO Page 102 of 943 LES H. STEVENS, P.A. OPERATING ACCOUNT 5301 N. FEDERAL HWY., STE 130 BOCA RATON, FL 33487 SUNTRUST ACH RT W1000104 63-215/631 4/16/2021 PAY TO THE ORDER OF City of Boynton Beach $ **150.00 One Hundred Fifty and DOLLARS City of Boynton Beach MEMO Release of Unity of Tilte w,00006 16 Dim GO 0 rm 3 10 2 L S 2 GO L 0 0 0 L L. 0 SE 9 2 L0111 LES H. STEVENS, P.A. City of Boynton Beach Client Cost Payment:Filing Fee Knuckles - Release of Unity of Title Operating Account Release of Unity of Tilte 6162 4/16/2021 150.00 Page 103 of 943 This Instrument Prepared By: Record and Return To: Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 [ABOVE THIS LINE FOR RECORDING INFORMATION] DECLARATION OF UNITY OF TITLE KNOW ALL MEN BY THESE PRESENTS, that KNUCKLES, LLC, a Delaware limited liability company pursuant to the ordinances of the City of Boynton Beach, Florida pertaining to the issuance of building permits and regulation g building constructions activities, the undersigned, being the fee owner of the following described real property situated in the City of Boynton Beach, County of Palm Beach and State of Florida; to -wit: Lot 1 and 2, ROBINSON ADDITION, according to the map or plat thereof, as recorded in Plat Book 23, Page 114, of the Public Records of Palm Beach County, Florida LESS AND EXCEPT THAT PORTION OF LOTS 1 AND 2, AS DESCRIBED IN THE WARRANTY DEED IN FAVOR OF PALM BEACH COUNTY FOR ADDITIONAL RIGHT OF WAY RECORDED IN O.R. BOOK 32095, PAGE 1119, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND FOR ADDITIONAL RIGHT OF WAY PURPOSES, LYING WITHIN LOTS 1, 2, 3, 4 AND 5 OF ROBINSON ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 144, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 28127, PAGE 293, OF SAID PALM BEACH PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 5 OF ROBINSON ADDITION; THENCE N 00031'20" W, ALONG THE WEST LINE OF SAID LOT 5, FOR 2.00 FEET; THENCE N 89028'40" E FOR 383.14 FEET TO THE WEST RIGHT OF WAY LINE OF STATE ROAD NO.5 (PER SECTION 93010-2205); THENCE S 04057'25" W ALONG SAID RIGHT OF WAY LINE FOR 2.01 FEET TO THE NORTH RIGHT OF WAY LINE OF S.E. 23RD AVENUE; THENCE S 89028'40" W ALONG SAID RIGHT OF WAY LINE FOR 382.95 FEET TO THE POINT OF BEGINNING. does hereby make the following declarations of conditions, limitations and restrictions on said lands, hereinafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: That the aforesaid plat or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereinafter be regarded and is hereby declared to be unified under one (1) title as an indivisible building site; 2. That the said property shall be henceforth be considered as one (1) plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety as one plot or parcel of land. Page 104 of 943 The undersigned further agrees that this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, their heirs, successors and assigns and all parties claiming under them until such time may be released in writing by the authority of the administrative head of the Boynton Beach Department of Development and approved by the City Attorney and Mayor upon submittal of request, applicable fees and evidence that the agreement is no longer required by law. The undersigned also agrees that this instrument shall be placed of record in the office of the Clerk of the Circuit Court of Palm Beach, County, Florida. Signed, sealed, witnessed and acknowledged this day of 120 Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH KNUCKLES, LLC, a Delaware limited liability company sm Alan Rutner, President The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this day of , 2021, by Alan Rutner, as President of KNUCKLES, LLC, a Delaware limited liability company, on behalf of the entity who [ ] is personally known to me, or [ ] has produced as identification. Notary Public, State of Florida Printed Notary Name My commission expires: Page 105 of 943 This Instrument Prepared By: Record and Return To: Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 [ABOVE THIS LINE FOR RECORDING INFORMATION] AMENDED AND RESTATED DECLARATION OF UNITY OF TITLE KNOW ALL MEN BY THESE PRESENTS, that KNUCKLES, LLC, a Delaware limited liability company pursuant to the ordinances of the City of Boynton Beach, Florida pertaining to the issuance of building permits and regulation g building constructions activities, the undersigned, being the fee owner of the following described real property situated in the City of Boynton Beach, County of Palm Beach and State of Florida; to -wit: Lots 3, 4 and 5, ROBINSON ADDITION, according to the map or plat thereof, as recorded in Plat Book 23, Page 114, of the Public Records of Palm Beach County, Florida LESS AND EXCEPT THAT PORTION OF LOTS 3, 4 AND 5, AS DESCRIBED IN THE WARRANTY DEED IN FAVOR OF PALM BEACH COUNTY FOR ADDITIONAL RIGHT OF WAY RECORDED IN O.R. BOOK 32095, PAGE 1119, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND FOR ADDITIONAL RIGHT OF WAY PURPOSES, LYING WITHIN LOTS 1, 2, 3, 4 AND 5 OF ROBINSON ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 144, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 28127, PAGE 293, OF SAID PALM BEACH PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 5 OF ROBINSON ADDITION; THENCE N 00031'20" W, ALONG THE WEST LINE OF SAID LOT 5, FOR 2.00 FEET; THENCE N 89028'40" E FOR 383.14 FEET TO THE WEST RIGHT OF WAY LINE OF STATE ROAD NO.5 (PER SECTION 93010-2205); THENCE S 04057'25" W ALONG SAID RIGHT OF WAY LINE FOR 2.01 FEET TO THE NORTH RIGHT OF WAY LINE OF S.E. 23RD AVENUE; THENCE S 89028'40" W ALONG SAID RIGHT OF WAY LINE FOR 382.95 FEET TO THE POINT OF BEGINNING. does hereby make the following declarations of conditions, limitations and restrictions on said lands, hereinafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: That the aforesaid plat or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereinafter be regarded and is hereby declared to be unified under one (1) title as an indivisible building site; 2. That the said property shall be henceforth be considered as one (1) plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety as one plot or parcel of land. Page 106 of 943 The undersigned further agrees that this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, their heirs, successors and assigns and all parties claiming under them until such time may be released in writing by the authority of the administrative head of the Boynton Beach Department of Development and approved by the City Attorney and the Mayor upon submittal of request, applicable fees and evidence that the agreement is no longer required by law. The undersigned also agrees that this instrument shall be placed of record in the office of the Clerk of the Circuit Court of Palm Beach, County, Florida. Upon recordation in the Public Records of Palm Beach County, Florida, the Unity of Title recorded in Official Records Book 31309, Page 58, of the Public Records of Palm Beach County, Florida shall be of no further force or effect. Signed, sealed, witnessed and acknowledged this day of 120 Witnesses: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH KNUCKLES, LLC, a Delaware limited liability company IN Alan Rutner, President The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this day of , 2021, by Alan Rutner, as President of KNUCKLES, LLC, a Delaware limited liability company, on behalf of the entity who [ ] is personally known to me, or [ ] has produced as identification. Notary Public, State of Florida Printed Notary Name My commission expires: Consented to and approved by the City of Boynton Beach 20 Approved as to form: City Attorney Per Resolution , adopted , 2021. Page 107 of 943 This instrument prepared by: Record and Return to: Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 THIS INDENTURE made this _ day of May, A.D., 2021, DUMB= a limited liability company existing under the laws of Delaware, and having its principal place of business at 5300 Broken Sound Boulevard, NW, Suite 110, Boca Raton, Florida 33487, first part, to the City of Boynton Beach, a political subdivision of the State of Florida, second party: (Wherever used herein, the terms, "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires) WITNESSETH Whereas, the first party is the owner of property situate in Palm Beach County, Florida, and described as follows: PCN 08-43-45-33-06-000-0010 Legal Description: See attached Exhibit "A" and, WHEREAS, the second party desires an easement ror water arld �$CwQr utilitiQ:3 and/or other appropriate purposes incidental thereto, on, over and across said Property, and, Page 108 of 943 WHEREAS, the first party is willing to grant such an easement, NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant unto the party of the second part, its successors and assigns, fall and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement, on over and across the above described property for said purposes. IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, scaled and delivered In the presence of: KNUCKLES, LLC, a Delaware limited liability company Signature Ffm Print Name Signature Print Narae Alan Rutner, President The foregoing instrument was acknowledged before me by means of [x] physical presence or [ ] online notarization, this _ day of , 20__, by Alan Rultner, a_- President of Knuckles. LLC. a Delaware limited liability company, on behalf Of L11C ClAity VY1110 L ii F><rscnnuy k-lncsNA'n tcs me, or has Produced ........ . .. as identification. Notary Public, State of Florida My commission expires: 19 Page 109 of 943 LOCATION MAP LEGAL DESCRIPTION: (NOT To SCALP.) A PORTION OF LOTS 3 AND 4 OF ROBINSON ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 144, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. COMMENCE AT THE SOUTHWEST CORNER OF LOT 2 OF SAID ROBINSON ADDITION; THENCE RUN N 000 31'20" W ALONGBOUNDARY OF • OF ROBINSON ADDITION FOR 2.00 THENCE S 89028'40" W FOR 9.29 FEET TO THE POINT OF BEGINNING: THENCE N 2 FEET; THENCE N 00031'20" •• 26.70 FEET; THENCE S 40048'46" W FOR 89028,401, •• 1 11 +THENCE S 000 31'20" • • 4.94 90000'00" FOR 986 00005'46" FOR 4689028'40" FOR 10.00 00005'46" FOR 6 8 FEET; THENCE N 89028'40" E FOR 9.82 FEET; THENCE S 4004846" E FOR 28.28 FEET; THENCE N 89028,40" • • 13.11 FEET TO THE POINT CONTAINS 1354.8 SQUARE FEET MORE OR LESS. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THE INFORMATION SHOWN HEREON IS A TRUE REPRESENTATION OF A SKETCH AND LEGAL DESCRIPTION, PREPARED UNDER MY DIRECT SUPERVISIP AIl, .MEETS THE INTENT OF THE STANDARDS OF PRACTICE AS SET FORTH IN CHAPTEF,4\, , CO2 , %�CJ'RIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA ST'AT,.urc:�w Y M i M 10-16-20 « r 0 15 sra WILLIAM C. WARD PROFESSIONAL LAND SURVEYOR NO. 4815 DATE NOT A PiVEY ;-7rA-rr- cyc PLOPIDA Legal Descriptio IJany 3KetCf1 LIFT STATION UTILITY EASEMENT Irma � TEKKA 51 , LLC 8Y: WCWSURVEYING - PLANNING - GEOMATICS10-16-20Brace of Florida L0 rho. 8168 ION: 200675353 Gul€ Blvd. suste 204A - st. Pete Beach, Florida 33706 .y2.s_ 89-211,3 �t2: 20067 SHEET NO.: i OF Page 110 of 943 ROBINSON ADDITION PLAT BOOK 23, PAGE 144 0, 20' 40' SCALE 1" = 20' i m� Lor i 3 0037,20" E 4,94' — N 90'00'00 " W 9.86' N 0 01 TACO BELL SITE zrANGf'N;r rABLE POB; I 706 N i 00',31'20 W 2-00 8928'40" W T01 N 8928'40" E 702 5 cn W I TOJ N g,9:2,5140 E T04 N 8928'40" E- 7-05 N POB; I 706 N i 00',31'20 W 2-00 8928'40" W 9.29' 8928'40" E 10.00' DO o5'46 E 21.68' g,9:2,5140 E 9.8.2' 8928'40" E- 13.11' ------ 701 NEW NORTH UTT02 ------------ R/W LINE''T J--------- -- ------------S.E 23RD AVENUE Poo 5W COI?AIE-R OF L 0 T 2 ROBINSON STREET BY PLAT 50' R/W (P) ti 114 SECTION LINE -- S 8928'40" -W ------------------------ ------------------ BEA I?ING 8A,515 NOT A BOUNDARY SURVEY 5IKe0n —to Accompany Legal De5Gription LIFT STATION UTILITY EASEMENT -JKD�WN By. BJ V�c) TER"RAMETRIX �LLJC APP9,0 by: WCW -20 SURVEYING - PLANNING - GEOM T CS DATE: r-: 10-16 -0 State of Florida LB N— 81.68 FILE LOCAT1ONt:2-0067 5353 Gulf' Wvd. Suite 204A - St, POte Beact, Honda 33706 727-289-21-13 Ob MUMbER. 200 joB NUMBER: 20067 Page 111 of 943 C00111 Consent Agenda 6/15/2021 Requested Action by Commission: Authorize utilizing the NASPO Valuepoint Agreement 43220000- NASPO-19-ACS under Master AgreementAR3230 for the purchase of network equipment and NCPA 01-97 for services for network equipment configuration services from StepCG in the amount of $43,405.61. Explanation of Request: The I.T.S Department is requesting the purchase of $43,405.61 worth of replacement network equipment and services for the Utilities Department information technology (IT) network. This request meets the City's purchasing requirements by utilizing the NASPO Valuepoint and the Synnex NCPA (National Cooperative Purchasing Alliance) 01-97 state contracts. This purchase will enable replacement of legacy equipment that is end of support and will allow the implementation of Extreme Networks automated campus to Utilities locations. Extreme automated campus is currently being used in the Town Square city buildings. Extreme Networks automated campus provides secure, reliable, and efficient connectivity to both wired and wireless connectivity for residents, vendors, and City employees. How will this affect city programs or services? The equipment being replaced is end of support and new security patches and features are no longer available. Replacing the equipment will allow the new security features of Extreme Networks automated campus. This will improve the ability for residents, vendors, and City employees to connect to both wired and wireless services improving reliability, efficiency, and security. Fiscal Impact: Funding has been approved from Cl P funds using account # 403-5000-536-64.15 and Project # UC2101 in the amount of $43,405.61. Alternatives: Reject this request and issue a new RFP Strategic Plan: Building Wealth in the Community Strategic Plan Application: This equipment replacement will service to build and maintain `wealth in the community' by protecting the City's investment in technology infrastructure. Not replacing the equipment would have a negative impact on the security and reliability of the Utility Department's computing environment, and in turn the services provided to the community Climate Action Application: Is this a grant? Grant Amount: Page 112 of 943 Attachments: Type D Cointiract D AddE)indUlirn D Cointract D QLAOtE)S D QLAOtE)S D OthE)r Description NASFIOhE)dir'E)irTIE) NE)twoirlks Cointract NR3230 UMS AddE)indUlirn SYNNEX NCFIA Cointract 01...97 S T1E F1 cg I ilair'dw,,..,.iir'Es'\S(�)ftw,,..-.iir'Es QLJIOtE, S FEFIcg SE)ir,\ACE)S w: to Of Work Wth QLJIOtEl Priciing SLAirnirnary aind Cointract Ilinfo Page 113 of 943 DocuSign Envelope ID: 4A7E8174-EA62-47CF-821A-9A608A50D62A � Contract N- AR3230 rrATE OF UTAH COOPERATIVE CONTRACT 1, CONTRACTING, PARTIES: This contract is between the Utah Division of Purchasing and the following Contractor: Extreme Networks, Inc. Name 6480 Via Del Oro StreetAddress ___.._............_.....__...............__................... __...__............-_......--___....____......___--___.._......__--___--..._...___...._..___... .......___ San Jose California 95119 6_6T ty Zip Vendor # VC0000100495 Commoditv�Code #,:„ 920-05 I"f-(:`o itp tw)o r For -Profit Corporation ContactName: Michael Swierk Phone Number: 603-642-7856 Email: mswierk jextremenetworks.com ,....-.�........ 2. CONTRACT PORTFOLIO NAME: Data Communications Products and Services. 3. GENERAL PURPOSE OF CONTRACT: Provide Data C,ommunlCauLiu� I''it��luc,t sctd "a a_al,a c, Iaaq. the i vw str� (, lt�rt,Ar,Iralw3rtl a,ea, Attachment IIT — 4. PROCUREMENT. This contract Is entered into as a result of the pit: 0ygg] nt pjpcess on F 2011 Solicitzaionk SIS 1.8001 5. CONTRACT PERIOD: Effective Date "Lt csdat'Ic'tohgr (11� 2t,111't. Termination Date: G¢sp a4,3v �trttlae� 30, 2024 unless terminated early or extended in accordance with the terms and conditions of this contract II;etly t1IT 1ltiebns, Two (2) one year renewal options. 6. Administrative Fee (if any): Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one-quarter of one percent (0.25% or 0.0025) of contract sales no later than 60 days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based on sales of the Services 7. Prompt Payment Discount Details (if any): N/A. 8. ATTACHMENT A: NASPO ValuePoint Master Terms and Conditions ATTACHMENT : Scope Awarded to Contractor ATTACHMBNT C: Pricing Discounts and Value Added Services ATTACHMENT D: Extreme Networks Product Warranty, End User License Agreement, Professional Services Terms and Conditions, Terms of Support, Extreme Networks Lease Agreement, Extreme Networks Subscription Renewal Agreement With Title, Extreme Networks Subscription Renewal Agreement without Title Any conflicts between Attachment A and the other Attachments will be resolved in favor of Attachment A. 9. DOCUMENTS INCORPORATED INTO THIS CONTRACT Bt' REFERENCE, 131 JT NOT ATTACHED: a. All other governmental laws, regulations, or actions applicable to the goods and/or services authorized by this contract. b. Utah Procurement Code, Procurement Rules, and Contractor's response to solicitation # SIC18001. 10. Each signatory below represents that he or she has the requisite authority to enter into this contract. IN WITNESS WHEREOF, the parties sign and cause this contract to be executed. Notwithstanding verbal or other representations by the parties, the "Effective Date" of this Contract shall be the date provided within Section 5 above. CONTRACTOR DIVS N OF PURCHASING ocuigned by: October s,2019 2:39:15 Ann PDrmmITmm mm Oct 3, 2019 ..... L7 Contractor's signature Date Director, Division of Purchasing Date CRSO ................................................................................................................... Type or Print Name and 'Title Internal Contract Tracking #: AR 1470 Solicitation #: SK l 8001 Vendor #: VC0000100495 Page 114 of 943 Note: sections negotiated 2, 13, 14, 16, 18, 19, 20, 23, 26, 30, 34, 36, and 39. NASPO Va I e �i [It Attachment A: NASPO ValuePoint Master Agreement Terms and Conditions 1. Master Agreement Order of Precedence a. Any Order placed under this Master Agreement shall consist of the following documents: (1) A Participating Entity's Participating Addendum ("PA"); (2) NASPO ValuePoint Master Agreement Terms & Conditions; (3) A Purchase Order issued against the Master Agreement, including a Service Level Agreement; (4) The Solicitation; and (5) Contractor's response to the Solicitation, as revised (if permitted) and accepted by the Lead State. b. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. 2. Definitions - Unless otherwise provided in this Master Agreement, capitalized terms will have the meanings given to those terms in this Section. Acceptance is defined by the applicable commercial code, except Acceptance shall not occur before the completion of delivery in accordance with the Order, installation if required, and a reasonable time for inspection of the Product. Contractor means the person or entity delivering Products or performing services under the terms and conditions set forth in this Master Agreement. Data means all information, whether in oral or written (including electronic) form, created by or in any way originating with a Participating Entity or Purchasing Entity, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with a Participating Entity or Purchasing Entity, in the course of using and configuring the Services provided under this Agreement. Data Breach means any actual or reasonably suspected non -authorized access to or acquisition of computerized Non -Public Data or Personal Data that compromises the security, confidentiality, or integrity of the Non -Public Data or Personal Data, or the ability of Purchasing Entity to access the Non -Public Data or Personal Data. Disabling Code means computer instructions or programs, subroutines, code, instructions, data or functions, (including but not limited to viruses, worms, date bombs or time bombs), including but not limited to other programs, data storage, computer libraries and programs that self -replicate without Attachment A: Page 1 of 30 Page 115 of 943 manual intervention, instructions programmed to activate at a predetermined time or upon a specified event, and/or programs purporting to do a meaningful function but designed for a different function, that alter, destroy, inhibit, damage, interrupt, interfere with or hinder the operation of the Purchasing Entity's' software, applications and/or its end users processing environment, the system in which it resides, or any other software or data on such system or any other system with which it is capable of communicating. Embedded Software means one or more software applications which permanently reside on a computing device. Fulfillment Partner means a third -party contractor qualified and authorized by Contractor, and approved by the Participating State under a Participating Addendum, who may, to the extent authorized by Contractor, fulfill any of the requirements of this Master Agreement including but not limited to providing Services under this Master Agreement and billing Customers directly for such Services. Contractor may, upon written notice to the Participating State, add or delete authorized Fulfillment Partners as necessary at any time during the contract term. Fulfillment Partner has no authority to amend this Master Agreement or to bind Contractor to any additional terms and conditions. Intellectual Property means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein. Lead State means the State centrally administering any resulting Master Agreement(s). Master Agreement means the underlying agreement executed by and between the Lead State, acting on behalf of the NASPO ValuePoint program, and the Contractor, as now or hereafter amended. NASPO ValuePoint is the NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, a 501(c)(3) limited liability company that is a subsidiary organization the National Association of State Procurement Officials (NASPO), the sole member of NASPO ValuePoint. NASPO ValuePoint facilitates administration of the NASPO cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states, the District of Columbia, and territories of the United States. NASPO ValuePoint is identified in the Master Agreement as the recipient of reports and may perform contract administration functions relating to collecting and receiving reports as well as other contract administration functions as assigned by the Lead State. Order or Purchase Order means any purchase order, sales order, contract or other document used by a Purchasing Entity to order the Products. Participating Addendum means a bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any other additional Participating Entity specific language or other requirements, e.g. ordering procedures specific to the Participating Entity, other terms and conditions. Participating Entity means a state, or other legal entity, properly authorized to enter into a Participating Addendum. Participating State means a state, the District of Columbia, or one of the territories of the United States that is listed in the Request for Proposal as intending to participate. Upon execution of the Attachment A: Page 2 of 30 Page 116 of 943 Participating Addendum, a Participating State becomes a Participating Entity; however, a Participating State listed in the Request for Proposal is not required to participate through execution of a Participating Addendum. Personal Data means data alone or in combination that includes information relating to an individual that identifies the individual by name, identifying number, mark or description can be readily associated with a particular individual and which is not a public record. Personal Information may include the following personally identifiable information (PII): government -issued identification numbers (e.g., Social Security, driver's license, passport); financial account information, including account number, credit or debit card numbers; or Protected Health Information (PHI) relating to a person. Product means any equipment, software (including embedded software), documentation, service or other deliverable supplied or created by the Contractor pursuant to this Master Agreement. The term Products, supplies and services, and products and services are used interchangeably in these terms and conditions. Purchasing Entity means a state (as well as the District of Columbia and U.S territories), city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues a Purchase Order against the Master Agreement and becomes financially committed to the purchase. Services mean any of the Supplier's branded services that are identified in, and incorporated into, this Agreement, and are supplied the Contractor pursuant to this Master Agreement. Security Incident means the possible or actual unauthorized access to a Purchasing Entity's Non - Public Data and Personal Data the Contractor believes could reasonably result in the use, disclosure or theft of a Purchasing Entity's Non -Public Data within the possession or control of the Contractor. A Security Incident also includes a major security breach to the Contractor's system, regardless if Contractor is aware of unauthorized access to a Purchasing Entity's Non -Public Data. A Security Incident may or may not turn into a Data Breach. Service Level Agreement (SLA) means a written agreement between both the Purchasing Entity and the Contractor that is subject to the terms and conditions in this Master Agreement and relevant Participating Addendum unless otherwise expressly agreed in writing between the Purchasing Entity and the Contractor. SLAs should include: (1) the technical service level performance promises, (i.e. metrics for performance and intervals for measure), (2) description of service quality, (3) identification of roles and responsibilities, (4) remedies, such as credits, and (5) an explanation of how remedies or credits are calculated and issued. Solicitation means the documents used by the State of Utah, as the Lead State, to obtain Contractor's Proposal. Statement of Work means a written statement in a solicitation document or contract that describes the Purchasing Entity's service needs and expectations. NASPO ValuePoint Program Provisions 3. Term of the Master Agreement a. The initial term of this Master Agreement is for five (5) years. This Master Agreement may be Attachment A: Page 3 of 30 Page 117 of 943 extended beyond the original contract period for two (2) additional years at the Lead State's discretion and by mutual agreement and upon review of requirements of Participating Entities, current market conditions, and Contractor performance. b. The Master Agreement may be extended for a reasonable period of time, not to exceed six months, if in the judgment of the Lead State a follow-on, competitive procurement will be unavoidably delayed (despite good faith efforts) beyond the planned date of execution of the follow-on master agreement. This subsection shall not be deemed to limit the authority of a Lead State under its state law otherwise to negotiate contract extensions. 4. Amendments The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written agreement of the Lead State and Contractor. 5. Participants and Scope a. Contractor may not deliver Products under this Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed. The NASPO ValuePoint Master Agreement Terms and Conditions are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified, supplemented or amended by a Participating Addendum. By way of illustration and not limitation, this authority may apply to unique delivery and invoicing requirements, confidentiality requirements, defaults on Orders, governing law and venue relating to Orders by a Participating Entity, indemnification, and insurance requirements. Statutory or constitutional requirements relating to availability of funds may require specific language in some Participating Addenda in order to comply with applicable law. The expectation is that these alterations, modifications, supplements, or amendments will be addressed in the Participating Addendum or, with the consent of the Purchasing Entity and Contractor, may be included in the ordering document (e.g. purchase order or contract) used by the Purchasing Entity to place the Order. b. Use of specific NASPO ValuePoint cooperative Master Agreements by state agencies, political subdivisions and other Participating Entities (including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. c. Obligations under this Master Agreement are limited to those Participating Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those Participating Addenda. States or other entities permitted to participate may use an informal competitive process to determine which Master Agreements to participate in through execution of a Participating Addendum. Financial obligations of Participating Entities who are states are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating Entities who are states incur no financial obligations on behalf of other Purchasing Entities. Contractor shall email a fully executed PDF copy of each Participating Addendum to PA@naspovaluepoint.org to support documentation of participation and posting in appropriate data bases. d. NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, is not a Attachment A: Page 4 of 30 Page 118 of 943 party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the NASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.) for all 50 states, the District of Columbia and the territories of the United States. e. Participating Addenda shall not be construed to amend the following provisions in this Master Agreement between the Lead State and Contractor that prescribe NASPO ValuePoint Program requirements: Term of the Master Agreement; Amendments; Participants and Scope; Administrative Fee; NASPO ValuePoint Summary and Detailed Usage Reports; NASPO ValuePoint Cooperative Program Marketing and Performance Review; NASPO ValuePoint eMarketCenter; Right to Publish; Price and Rate Guarantee Period; and Individual Customers. Any such language shall be void and of no effect. f. Participating Entities who are not states may under some circumstances sign their own Participating Addendum, subject to the consent to participation by the Chief Procurement Official of the state where the Participating Entity is located. Coordinate requests for such participation through NASPO ValuePoint. Any permission to participate through execution of a Participating Addendum is not a determination that procurement authority exists in the Participating Entity; they must ensure that they have the requisite procurement authority to execute a Participating Addendum. g. Resale. "Resale" means any payment in exchange for transfer of tangible goods, software, or assignment of the right to services. Subject to any specific conditions included in the solicitation or Contractor's proposal as accepted by the Lead State, or as explicitly permitted in a Participating Addendum, Purchasing Entities may not resell Products (the definition of which includes services that are deliverables). Absent any such condition or explicit permission, this limitation does not prohibit: payments by employees of a Purchasing Entity for Products; sales of Products to the general public as surplus property; and fees associated with inventory transactions with other governmental or nonprofit entities and consistent with a Purchasing Entity's laws and regulations. Any sale or transfer permitted by this subsection must be consistent with license rights granted for use of intellectual property. 6. Administrative Fees a. The Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one-quarter of one percent (0.25% or 0.0025) no later than sixty (60) days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based on all sales of products and services under the Master Agreement (less any charges for taxes or shipping). The NASPO ValuePoint Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. b. Additionally, some states may require an additional fee be paid directly to the state only on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contractor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements shall not affect the NASPO ValuePoint Administrative Fee percentage or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. The NASPO ValuePoint Administrative Fee in subsection 6a shall be based on the gross amount of all sales (less any charges for taxes or shipping) at the adjusted prices (if any) in Participating Addenda. Attachment A: Page 5 of 30 Page 119 of 943 7. NASPO ValuePoint Summary and Detailed Usage Reports In addition to other reports that may be required by this solicitation, the Contractor shall provide the following NASPO ValuePoint reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at http://calculator.naspovaluepoint.org. Any/all sales made under this Master Agreement shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required. Reports shall be due no later than thirty (30) days following the end of the calendar quarter (as specified in the reporting tool). b. Detailed Sales Data. Contractor shall also report detailed sales data by: (1) state; (2) entity/customer type, e.g. local government, higher education, K12, non-profit; (3) Purchasing Entity name; (4) Purchasing Entity bill -to and ship -to locations; (4) Purchasing Entity and Contractor Purchase Order identifier/number(s); (5) Purchase Order Type (e.g. sales order, credit, return, upgrade, determined by industry practices); (6) Purchase Order date; (7) Ship Date; (8) and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State and NASPO ValuePoint Cooperative Development Team no later than thirty (30) days after the end of the reporting period. Reports shall be delivered to the Lead State and to the NASPO ValuePoint Cooperative Development Team electronically through a designated portal, email, CD-ROM, flash drive or other method as determined by the Lead State and NASPO ValuePoint. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in shown in Attachment H. c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the solicitation and the Participating Addendum. Report data for employees should be limited to ONLY the state and entity they are participating under the authority of (state and agency, city, county, school district, etc.) and the amount of sales. No personal identification numbers, e.g. names, addresses, social security numbers or any other numerical identifier, may be submitted with any report. d. Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an executive summary each quarter that includes, at a minimum, a list of states with an active Participating Addendum, states that Contractor is in negotiations with and any Participating Addendum roll out or implementation activities and issues. NASPO ValuePoint Cooperative Development Coordinator and Contractor will determine the format and content of the executive summary. The executive summary is due thirty (30) days after the conclusion of each calendar quarter. e. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and NASPO ValuePoint shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 8. NASPO ValuePoint Cooperative Program Marketing, Training, and Performance Review a. Contractor agrees to work cooperatively with NASPO ValuePoint personnel. Contractor agrees to present plans to NASPO ValuePoint for the education of Contractor's contract administrator(s) and Attachment A: Page 6 of 30 Page 120 of 943 sales/marketing workforce regarding the Master Agreement contract, including the competitive nature of NASPO ValuePoint procurements, the Master agreement and participating addendum process, and the manner in which qualifying entities can participate in the Master Agreement. b. Contractor agrees, as Participating Addendums become executed, if requested by ValuePoint personnel to provide plans to launch the program within the participating state. Plans will include time frames to launch the agreement and confirmation that the Contractor's website has been updated to properly reflect the contract offer as available in the participating state. c. Contractor agrees, absent anything to the contrary outlined in a Participating Addendum, to consider customer proposed terms and conditions, as deemed important to the customer, for possible inclusion into the customer agreement. Contractor will ensure that their sales force is aware of this contracting option. d. Contractor agrees to participate in an annual contract performance review at a location selected by the Lead State and NASPO ValuePoint, which may include a discussion of marketing action plans, target strategies, marketing materials, as well as Contractor reporting and timeliness of payment of administration fees. e. Contractor acknowledges that the NASPO ValuePoint logos may not be used by Contractor in sales and marketing until a logo use agreement is executed with NASPO ValuePoint. f. The Lead State expects to evaluate the utilization of the Master Agreement at the annual performance review. Lead State may, in its discretion, terminate the Master Agreement pursuant to section 28, or not exercise an option to renew, when Contractor utilization does not warrant further administration of the Master Agreement. The Lead State may exercise its right to not renew the Master Agreement if vendor fails to record or report revenue for three consecutive quarters, upon 60 - calendar day written notice to the Contractor. Termination based on nonuse or under -utilization will not occur sooner than two years after award (or execution if later) of the Master Agreement. This subsection does not limit the discretionary right of either the Lead State or Contractor to terminate the Master Agreement pursuant to section 28 or to terminate for default pursuant to section 30. g. Contractor agrees within 30 days of their effective date, to notify the Lead State and NASPO ValuePoint of any contractual most -favored -customer provisions in third -party contracts or agreements that may affect the promotion of this Master Agreement or whose terms provide for adjustments to future rates or pricing based on rates, pricing in, or Orders from this master agreement. Upon request of the Lead State or NASPO ValuePoint, Contractor shall provide a copy of any such provisions. 9. NASPO ValuePoint eMarket Center a. In July 2011, NASPO ValuePoint entered into a multi-year agreement with SciQuest, Inc. (doing business as JAGGAER) whereby JAGGAER will provide certain electronic catalog hosting and management services to enable eligible NASPO ValuePoint's customers to access a central online website to view and/or shop the goods and services available from existing NASPO ValuePoint Cooperative Contracts. The central online website is referred to as the NASPO ValuePoint eMarket Center. b. The Contractor will have visibility in the eMarket Center through Ordering Instructions. These Ordering Instructions are available at no cost to the Contractor and provide customers information regarding the Contractors website and ordering information. The Contractor is required at a minimum to participate in the eMarket Center through Ordering Instructions. Attachment A: Page 7 of 30 Page 121 of 943 c. At a minimum, the Contractor agrees to the following timeline: NASPO ValuePoint eMarket Center Site Admin shall provide a written request to the Contractor to begin Ordering Instruction process. The Contractor shall have thirty (30) days from receipt of written request to work with NASPO ValuePoint to provide any unique information and ordering instructions that the Contractor would like the customer to have. d. If the solicitation requires either a catalog hosted on or integration of a punchout site with eMarket Center, or either solution is proposed by a Contractor and accepted by the Lead State, the provisions of the eMarket Center Appendix to these NASPO ValuePoint Master Agreement Terms and Conditions apply. 10. Right to Publish Throughout the duration of this Master Agreement, Contractor must secure from the Lead State prior approval for the release of information that pertains to the potential work or activities covered by the Master Agreement. This limitation does not preclude publication about the award of the Master Agreement or marketing activities consistent with any proposed and accepted marketing plan. The Contractor shall not make any representations of NASPO ValuePoint's opinion or position as to the quality or effectiveness of the services that are the subject of this Master Agreement without prior written consent. Failure to adhere to this requirement may result in termination of the Master Agreement for cause. 11. Price and Rate Guarantee Period All pricing must be guaranteed for the first year of the Master Agreement. Following the guarantee period, any request for price increases must be for an equal guarantee period (1 year), and must be submitted to the Lead State at least thirty (30) calendar days prior to the effective date. The Lead State will review a documented request for an MSRP price list increase only after the Price Guarantee Period. Requests for price increases must include sufficient documentation supporting the request and demonstrating a reasonableness of the adjustment when comparing the current price list to the proposed price list. Documentation may include: the manufacturers national price increase announcement letter, a complete and detailed description of what products are increasing and by what percentage, a complete and detailed description of what raw materials and/or other costs have increased and provide proof of increase, index data and other information to support and justify the increase. The price increase must not produce a higher profit margin than the original contract, and must be accompanied by sufficient documentation and nationwide notice of price adjustment to the published commercial price list. No retroactive price increases will be allowed. Price Reductions. In the event of a price decrease in any category of product at any time during the contract in an OEM's published commercial price list, including renewal options, the Lead State shall be notified immediately. All published commercial price list price reductions shall be effective upon the notification provided to the Lead State. 12. Individual Customers Except to the extent modified by a Participating Addendum, each Purchasing Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have Attachment A: Page 8 of 30 Page 122 of 943 the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or right to recover any costs as such right is defined in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice each Purchasing Entity individually. Administration of Orders 13. Ordering a. Master Agreement order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all correspondence, so long as the Purchasing Entity provides the Master Agreement order and purchase order number(s) on its purchase order(s) to Contractor. b. Purchasing Entities may define entity or project -specific requirements and informally compete the requirement among companies having a Master Agreement on an "as needed" basis. This procedure may also be used when requirements are aggregated or other firm commitments may be made to achieve reductions in pricing. This procedure may be modified in Participating Addenda and adapted to the Purchasing Entity's rules and policies. The Purchasing Entity may in its sole discretion determine which Master Agreement Contractors should be solicited for a quote. The Purchasing Entity may select the quote that it considers most advantageous, cost and other factors considered. c. Each Purchasing Entity will identify and utilize its own appropriate purchasing procedure and documentation. Contractor is expected to become familiar with the Purchasing Entities' rules, policies, and procedures regarding the ordering of supplies and/or services contemplated by this Master Agreement. d. Contractor shall not begin work without a valid Purchase Order or other appropriate commitment document under the law of the Purchasing Entity. e. Orders may be placed consistent with the terms of this Master Agreement during the term of the Master Agreement. f. All Orders pursuant to this Master Agreement, at a minimum, shall include: (1) The services or supplies being delivered; (2) The place and requested time of delivery; (3) A billing address; (4) The name, phone number, and address of the Purchasing Entity representative; (5) The price per hour or other pricing elements consistent with this Master Agreement and the contractor's proposal; (6) A ceiling amount of the order for services being ordered; and (7) The Master Agreement identifier. g. All communications concerning administration of Orders placed shall be furnished solely to the authorized purchasing agent within the Purchasing Entity's purchasing office, or to such other individual identified in writing in the Order. h. Orders must be placed pursuant to this Master Agreement prior to the termination date thereof, but may have a delivery date or performance period up to 120 days past the then -current termination date of this Master Agreement. Maintenance agreements may have terms as prescribed in section 27. Contractor is reminded that financial obligations of Purchasing Entities payable after the current Attachment A: Page 9 of 30 Page 123 of 943 applicable fiscal year are contingent upon agency funds for that purpose being appropriated, budgeted, and otherwise made available. i. Notwithstanding the expiration or termination of this Master Agreement, Contractor agrees to perform in accordance with the terms of any Orders then outstanding at the time of such expiration or termination. Contractor shall not honor any Orders placed after the expiration or termination of this Master Agreement, or otherwise inconsistent with its terms. Orders from any separate indefinite quantity, task orders, or other form of indefinite delivery order arrangement priced against this Master Agreement may not be placed after the expiration or termination of this Master Agreement, notwithstanding the term of any such indefinite delivery order agreement. 14. Shipping and Delivery a. The prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination, freight pre -paid, with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain the Contractor's until final inspection and acceptance when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor's warranty obligations. The minimum shipment amount, if any, will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shipped without transportation charges that is back ordered shall be shipped without charge. b. A Purchasing Entity may request, on its purchase order, for a delivery to be made as an "Inside Delivery." Inside Delivery refers to a delivery to other than a loading dock, front lobby, or reception area. Specific delivery instructions will be noted on the order form or Purchase Order. Any damage to the building interior, scratched walls, damage to the freight elevator, etc., will be the responsibility of the Contractor. If damage does occur, it is the responsibility of the Contractor to immediately notify the Purchasing Entity placing the Order. c. All products must be delivered in the manufacturer's standard package. Costs shall include all packing and/or crating charges. Cases shall be of durable construction, good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping documentation included in the carton shall include the commodity, brand, quantity, item code number and the Purchasing Entity's Purchase Order number. 15. Laws and Regulations Any and all Products offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 16. Inspection and Acceptance a. Where the Master Agreement or an Order does not otherwise specify a process for inspection and Acceptance, this section governs. This section is not intended to limit rights and remedies under the applicable commercial code. b. All Products are subject to inspection at reasonable times and places before Acceptance. Contractor shall provide right of access to the Lead State, or to any other authorized agent or official of the Lead State or other Participating or Purchasing Entity, at reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance requirements under this Master Agreement. Attachment A: Page 10 of 30 Page 124 of 943 The Purchasing Entity shall have thirty (30) days after Product delivery to inspect the Product for external damage and for any concealed damage ("Acceptance Period"). If external or concealed damage is revealed during the Acceptance Period, then the Purchasing Entity shall notify Contractor. At Contractor's option, Contractor shall: 1) repair such damage, 2) ship a replacement, or 3) refund the purchase price (upon return of the Product). After such Acceptance Period the Products shall be deemed accepted. Products that do not meet specifications may be rejected. Failure to reject upon receipt, however, does not relieve the contractor of liability for material (nonconformity that substantial impairs value) latent or hidden defects subsequently revealed when goods are put to use, and the remedies set forth in Contractor's Product Warranty, provided herein, shall apply in such cases. Acceptance of such goods may be revoked in accordance with the provisions of the applicable commercial code, and the Contractor is liable for any resulting expense incurred by the Purchasing Entity related to the preparation and shipping of Product rejected and returned, or for which Acceptance is revoked. c. If any services do not conform to contract requirements, the Purchasing Entity may require the Contractor to perform the services again in conformity with contract requirements, at no increase in Order amount, as set forth in Contractor's service warranty terms, found in Exhibit 4. When defects cannot be corrected by re -performance, the Purchasing Entity may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and reduce the contract price to reflect the reduced value of services performed. d. The warranty period shall begin upon Acceptance. 17. Payment Payment after Acceptance is normally made within thirty (30) days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After forty-five (45) days the Contractor may assess overdue account charges up to a maximum rate of one percent (1%) per month on the outstanding balance, unless a different late payment amount is specified in a Participating Addendum, Order, or otherwise prescribed by applicable law. Payments will be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card" with no additional charge. 18. Product Warranty Extreme warrants the Products solely to Purchasing Entity, as of the date of purchase by Purchasing Entity, and pursuant to the terms and conditions of the Extreme standard product warranty set forth in Exhibit 1. 19. Title of Product , Contractor shall convey to Purchasing Entity title to the Product (but no title to any software is conveyed) free and clear of all liens, encumbrances, or other security interests. If Purchasing Entity subsequently transfers title of the Product to another entity, Purchasing Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Product title, subject to the terms of the Contractor's End User License Agreement which is found in Exhibit 2 to this Agreement. A subsequent transfer of certain software licenses may be subject to additional software license fees to be paid by either Purchasing Entity or Purchasing Entity's transferee, unless Contractor agrees to Attachment A: Page 11 of 30 Page 125 of 943 waive such transfer fees. 20. End User License Agreement. The use of Contractor -provided Software under this Agreement is subject to Contractor's End User License Agreement, found in Exhibit 2 to this Agreement. . 21. No Guarantee of Service Volumes: The Contractor acknowledges and agrees that the Lead State and NASPO ValuePoint makes no representation, warranty or condition as to the nature, timing, quality, quantity or volume of business for the Services or any other products and services that the Contractor may realize from this Master Agreement, or the compensation that may be earned by the Contractor by offering the Services. The Contractor acknowledges and agrees that it has conducted its own due diligence prior to entering into this Master Agreement as to all the foregoing matters. 22. Purchasing Entity Data: Purchasing Entity retains full right and title to Data provided by it and any Data derived therefrom, including metadata. Contractor shall not collect, access, or use user -specific Purchasing Entity Data except as strictly necessary to provide Service to the Purchasing Entity. No information regarding Purchasing Entity's use of the Service may be disclosed, provided, rented or sold to any third party for any reason unless required by law or regulation or by an order of a court of competent jurisdiction. The obligation shall extend beyond the term of this Master Agreement in perpetuity. Contractor shall not use any information collected in connection with this Master Agreement, including Purchasing Entity Data, for any purpose other than fulfilling its obligations under this Master Agreement. 23. Reserved. 24. Title to Product: If access to the Product requires an application program interface (API), Contractor shall convey to Purchasing Entity an irrevocable and perpetual license to use the API. 25. Data Privacy: The Contractor must comply with all applicable laws related to data privacy and security, including IRS Pub 1075. Prior to entering into a SLA with a Purchasing Entity, the Contractor and Purchasing Entity must cooperate and hold a meeting to determine the Data Categorization to determine what data the Contractor will hold, store, or process. The Contractor must document the Data Categorization in the SLA or Statement of Work. 26. Transition Assistance: a. The Contractor shall reasonably cooperate with other parties in connection with all Services to be delivered under this Master Agreement, including without limitation any successor service provider to whom a Purchasing Entity's Data is transferred in connection with the termination or expiration of this Master Agreement. Any transition services requested by a Purchasing Entity involving additional knowledge transfer and support may be subject to a separate transition Statement of Work. b. A Purchasing Entity and the Contractor shall, when reasonable, create a Transition Plan Document Attachment A: Page 12 of 30 Page 126 of 943 identifying the transition services to be provided and including a Statement of Work if applicable. c. The Contractor must maintain the confidentiality and security of a Purchasing Entity's Data during the transition services and thereafter as required by the Purchasing Entity. 27. Performance and Payment Time Frames that Exceed Contract Duration: All maintenance or other agreements for services entered into during the duration of an SLA and whose performance and payment time frames extend beyond the duration of this Master Agreement shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new leases, maintenance or other agreements for services may be executed after the Master Agreement has expired. For the purposes of this section, renewals of maintenance, subscriptions, and other service agreements, shall not be considered as "new." General Provisions 28. Insurance a. Unless otherwise agreed in a Participating Addendum, Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of A.M. Best's Insurance Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or, at a Participating Entity's option, result in termination of its Participating Addendum. b. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below: (1) Commercial General Liability covering premises operations, independent contractors, products and completed operations, blanket contractual liability, personal injury (including death), advertising liability, and property damage, with a limit of not less than $1 million per occurrence/$3 million general aggregate; (2) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. c. Contractor shall pay premiums on all insurance policies. Contractor shall provide notice to a Participating Entity who is a state within five (5) business days after Contractor is first aware of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur. d. Prior to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the Contractor's general liability insurance policy or other documentary evidence acceptable to the Lead State that (1) names the Participating States identified in the Request for Proposal as additional insureds, (2) provides that written notice of cancellation shall be delivered in accordance with the policy provisions, and (3) provides that the Contractor's liability insurance policy Attachment A: Page 13 of 30 Page 127 of 943 shall be primary, with any liability insurance of any Participating State as secondary and noncontributory. Unless otherwise agreed in any Participating Addendum, other state Participating Entities' rights and Contractor's obligations are the same as those specified in the first sentence of this subsection except the endorsement is provided to the applicable state. e. Contractor shall furnish to the Lead State copies of certificates of all required insurance in a form sufficient to show required coverage within thirty (30) calendar days of the execution of this Master Agreement and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after any renewal date to the applicable state Participating Entity. Failure to provide evidence of coverage may, at the sole option of the Lead State, or any Participating Entity, result in this Master Agreement's termination or the termination of any Participating Addendum. f. Coverage and limits shall not limit Contractor's liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order. 29. Records Administration and Audit a. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and Orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of six (6) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, or such longer period as is required by the Purchasing Entity's state statutes, to assure compliance with the terms hereof or to evaluate performance hereunder. b. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the terms of the Master Agreement or Orders or underpayment of Administrative Fees found as a result of the examination of the Contractor's records. c. The rights and obligations herein exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self -audit contract obligations and that permits the Lead State to review compliance with those obligations. 30. Confidentiality, Non -Disclosure, and Injunctive Relief a. Confidentiality. Contractor acknowledges that it and its employees or agents may, in the course of providing a Product under this Master Agreement, be exposed to or acquire information that is confidential to Purchasing Entity or Purchasing Entity's clients. Any and all information of any form that is marked as confidential or would by its nature be deemed confidential obtained by Contractor or its employees or agents in the performance of this Master Agreement, including, but not necessarily limited to (1) any Purchasing Entity's records, (2) personnel records, and (3) information Attachment A: Page 14 of 30 Page 128 of 943 concerning individuals, is confidential information of Purchasing Entity ("Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contractor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (1) is or becomes (other than by disclosure by Contractor) publicly known; (2) is furnished by Purchasing Entity to others without restrictions similar to those imposed by this Master Agreement; (3) is rightfully in Contractor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (4) is obtained from a source other than Purchasing Entity without the obligation of confidentiality, (5) is disclosed with the written consent of Purchasing Entity or; (6) is independently developed by employees, agents or subcontractors of Contractor who can be shown to have had no access to the Confidential Information. b. Non -Disclosure. Both parties shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the performance of Orders placed under this Master Agreement. Both parties shall advise each of its employees and agents of their obligations to keep Confidential Information confidential. Both parties shall use commercially reasonable efforts to assist in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contractor shall advise Purchasing Entity, applicable Participating Entity, and the Lead State immediately if Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement, and Contractor shall at its expense cooperate with Purchasing Entity in seeking injunctive or other equitable relief in the name of Purchasing Entity or Contractor against any such person. Each party will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at the request of a party, the other party shall turn over to requesting party all documents, papers, and other matter in their possession that embody Confidential Information. Notwithstanding the foregoing, Contractor may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement. c. Injunctive Relief. Each party acknowledges that breach of this section, including disclosure of any Confidential Information, will cause irreparable injury to the other party that is inadequately compensable in damages. Accordingly, each party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Each party acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of the other party and are reasonable in scope and content. d. Purchasing Entity Law. These provisions shall be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Purchasing Entity. e. The rights granted Purchasing Entities and Contractor obligations under this section shall also extend to Confidential Information, defined to include Participating Addenda, as well as Orders or Attachment A: Page 15 of 30 Page 129 of 943 transaction data relating to Orders under this Master Agreement that identify the entity/customer, Order dates, line item descriptions and volumes, and prices/rates. This provision does not apply to disclosure to the Lead State, a Participating State, or any governmental entity exercising an audit, inspection, or examination pursuant to section 29. To the extent permitted by law, Contractor shall notify the Lead State of the identify of any entity seeking access to the Confidential Information described in this subsection. 31. Public Information This Master Agreement and all related documents are subject to disclosure pursuant to the Purchasing Entity's public information laws. 32. Assignment/Subcontracts a. Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the Lead State. b. The Lead State reserves the right to assign any rights or duties, including written assignment of contract administration duties to NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint and other third parties. 32. Changes in Contractor Representation The Contractor must notify the Lead State of changes in the Contractor's key administrative personnel managing the Master Agreement in writing within ten (10) calendar days of the change. The Lead State reserves the right to approve changes in key personnel, as identified in the Contractor's proposal. The Contractor agrees to propose replacement key personnel having substantially equal or better education, training, and experience as was possessed by the key person proposed and evaluated in the Contractor's proposal. 33. Independent Contractor The Contractor shall be an independent contractor. Contractor shall have no authorization, express or implied, to bind the Lead State, Participating States, other Participating Entities, or Purchasing Entities to any agreements, settlements, liability or understanding whatsoever, and agrees not to hold itself out as agent except as expressly set forth herein or as expressly agreed in any Participating Addendum. 34. Termination Unless otherwise stated, this Master Agreement may be terminated by either Lead State or Contractor upon sixty (60) days written notice prior to the effective date of the termination. Further, any Participating Entity may terminate its participation upon thirty (30) days written notice, unless otherwise limited or stated in the Participating Addendum. Termination may be in whole or in part. Any termination under this provision shall not affect the rights and obligations attending orders outstanding at the time of termination, including any right of a Purchasing Entity to indemnification by the Contractor, rights of payment for Products delivered and accepted, rights attending any warranty or default in performance in association with any Order, and requirements for records administration and audit. Termination of the Master Agreement due to Contractor default may be immediate. Attachment A: Page 16 of 30 Page 130 of 943 35. Force Majeure Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, unusually severe weather, other acts of God, or war which are beyond that party's reasonable control. The Lead State may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. 36. Defaults and Remedies a. The occurrence of any of the following events by Contractor shall be an event of default under this Master Agreement: (1) Nonperformance of contractual requirements; or (2) A material breach of any term or condition of this Master Agreement; or (3) Any certification, representation or warranty by Contractor in response to the solicitation or in this Master Agreement that proves to be untrue or materially misleading; or (4) Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or (5) Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, the Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of fifteen(15) calendar days in which Contractor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. In the event of a material breach by the Lead State or a Participating Entity, Contractor may terminate the Master Agreement and/or a Participating Addendum, as applicable, upon no less than thirty (30) days prior written notice, with a fifteen (15) days opportunity to cure. Time allowed for cure shall not diminish or eliminate Contractor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its obligations under this Master Agreement and the Lead State shall have the right to exercise any or all of the following remedies: (1) Exercise any remedy provided by law; and (2) Terminate this Master Agreement and any related Contracts or portions thereof; and (3) Impose liquidated damages as provided in this Master Agreement; and (4) Suspend Contractor from being able to respond to future bid solicitations; and (5) Suspend Contractor's performance; and (6) Withhold payment until the default is remedied. d. Unless otherwise specified in the Participating Addendum, in the event of a default under a Attachment A: Page 17 of 30 Page 131 of 943 Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and shall have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 37. Waiver of Breach Failure of the Lead State, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State, Participating Entity, or Purchasing Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or by Purchasing Entity with respect to any Purchase Order, or breach of any terms or requirements of this Master Agreement, a Participating Addendum, or Purchase Order shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, Participating Addendum, or Purchase Order. 38. Debarment The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. This certification represents a recurring certification made at the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, attach a written explanation for review by the Lead State. 39. Indemnification a. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the Lead State, Participating Entities, and Purchasing Entities, along with their officers and employees, from and against third - party claims, damages or causes of action including reasonable attorneys' fees and related costs for any death, injury, or damage to tangible property arising from act(s), error(s), or omission(s) of the Contractor, its employees or subcontractors or volunteers, at any tier, relating to the performance under the Master Agreement. b. Indemnification — Intellectual Property. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the Lead State, Participating Entities, Purchasing Entities, along with their officers and employees ("Indemnified Party"), from and against claims, damages or causes of action, including reasonable attorneys' fees and related costs arising out of the claim that the Product or its use, infringes Intellectual Property rights ("Intellectual Property Claim") of another person or entity. (1) The Contractor's obligations under this section shall not extend to any combination of the Product with any other product, system or method, unless the Product, system or method is: (a) provided by the Contractor or the Contractor's subsidiaries or affiliates; Attachment A: Page 18 of 30 Page 132 of 943 (b) specified by the Contractor to work with the Product; or (c) reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function; or (d) It would be reasonably expected to use the Product in combination with such product, system or method. (2) The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss to the Contractor. If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of it. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible. The Indemnified Party shall furnish, at the Contractor's reasonable request and expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of it and the Contractor shall be liable for all costs and expenses, including reasonable attorneys' fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim. Unless otherwise agreed in writing, this section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement. (3) If an Intellectual Property Claim has been made, or in Contractor's reasonable opinion is likely to be commenced, the Purchasing Entity agrees to permit Contractor, at its option and expense, either to: (a) procure for the Purchasing Entity to continue using the Product; (b) replace or modify the product so that it becomes non -infringing; or (c) immediately terminate both parties' respective rights and obligations under this Master Agreement with regard to the Product, in which case the Purchasing Entity will return the Product to Contractor and Contractor will refund to the Purchasing Entity the price originally paid by the Purchasing Entity for the Product, as depreciated or amortized by an equal annual amount over three years from date of original shipment. (4) Notwithstanding the foregoing, Contractor has no liability for any Intellectual Property Claim arising from: (a) a Claim that asserts damages based on the amount or duration of use, which a Purchasing Entity makes of the Product, revenue earned by the Purchasing Entity from services it provides which utilize the Product, or services offered by the Purchasing Entity to external or internal customers; (b) Contractor's compliance with the Purchasing Entity's designs, specifications or instructions; or (c) The Purchasing Entity's use of the Product after Contractor has informed the Purchasing Entity of modifications or changes in the Product required to avoid such an Intellectual Property Claim if the alleged infringement would have been avoided by implementation of Contractor's recommended modifications or changes. Attachment A: Page 19 of 30 Page 133 of 943 (5) THIS SECTION (b) STATES THE ENTIRE OBLIGATION OF CONTRACTOR AND ITS SUPPLIERS, AND THE EXCLUSIVE REMEDY OF THE PURCHASING ENTITY, IN RESPECT OF ANY INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS. THIS INDEMNITY OBLIGATION AND REMEDY ARE GIVEN TO PURCHASER SOLELY FOR ITS BENEFIT AND IN LIEU OF, AND CONTRACTOR DISCLAIMS, ALL WARRANTIES, CONDITIONS, AND OTHER TERMS OF NON -INFRINGEMENT WITH RESPECT TO ANY PRODUCT. Limitation of Liability. Except for those obligations under Intellectual P r o p e r t y Infringement, General Indemnity, notwithstanding anything else herein, all liability of Contractor and its suppliers to any P u r c h a s i n g E n t i t y o r Participating Entity for claims arising under this Master Agreement, or otherwise shall be limited to Three Million Dollars ($3,000,000). This limitation of liability is cumulative and not per incident. Waiver of Consequential and Other Damages. In no event shall Contractor or its suppliers be liable for any incidental, special, indirect, or consequential damages, or lost or damaged data (except for a loss of Purchasing Entity data caused by Contractor's negligence), arising in tort (including negligence), or otherwise, even if Contractor or its suppliers have been informed of the possibility thereof. 40. No Waiver of Sovereign Immunity In no event shall this Master Agreement, any Participating Addendum or any contract or any Purchase Order issued thereunder, or any act of the Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. This section applies to a claim brought against the Participating Entities who are states only to the extent Congress has appropriately abrogated the state's sovereign immunity and is not consent by the state to be sued in federal court. This section is also not a waiver by the state of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. 41. Governing Law and Venue a. The procurement, evaluation, and award of the Master Agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of the Master Agreement after award shall be governed by the law of the state serving as Lead State. The construction and effect of any Participating Addendum or Order against the Master Agreement shall be governed by and construed in accordance with the laws of the Participating Entity's or Purchasing Entity's State. b. Unless otherwise specified in the RFP, the venue for any protest, claim, dispute or action relating to the procurement, evaluation, and award is in the Lead State. Venue for any claim, dispute or action concerning the terms of the Master Agreement shall be in the state serving as Lead State. Venue for any claim, dispute, or action concerning any Order placed against the Master Agreement or the effect of a Participating Addendum shall be in the Purchasing Entity's State. c. If a claim is brought in a federal forum, then it must be brought and adjudicated solely and Attachment A: Page 20 of 30 Page 134 of 943 exclusively within the United States District Court for (in decreasing order of priority): the Lead State for claims relating to the procurement, evaluation, award, or contract performance or administration if the Lead State is a party; a Participating State if a named party; the state where the Participating Entity or Purchasing Entity is located if either is a named party. 42. Assignment of Antitrust Rights Contractor irrevocably assigns to a Participating Entity who is a state any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided in that state for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at the Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. 43. Contract Provisions for Orders Utilizing Federal Funds Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda and Purchasing Entities for incorporation in Orders placed under this Master Agreement. 44. Leasing or Alternative Financing Methods The procurement and other applicable laws of some Purchasing Entities may permit the use of leasing or alternative financing methods for the acquisition of Products under this Master Agreement. Where the terms and conditions are not otherwise prescribed in an applicable Participating Addendum, the terms and conditions for leasing or alternative financing methods are subject to negotiation between the Contractor and Purchasing Entity. 45. Entire Agreement: This Master Agreement, along with any attachment, contains the entire understanding of the parties hereto with respect to the Master Agreement unless a term is modified in a Participating Addendum with a Participating Entity. No click -through, or other end user terms and conditions or agreements required by the Contractor ("Additional Terms") provided with any Services hereunder shall be binding on Participating Entities or Purchasing Entities, even if use of such Services requires an affirmative "acceptance" of those Additional Terms before access is permitted. Attachment A: Page 21 of 30 Page 135 of 943 a. Reserved. eMarket Center Appendix Exhibit 1- Contractor's Warranty Terms -follow this page Attachment A: Page 22 of 30 Page 136 of 943 Exhibit 1 Contractor Product Warranty Terms THIS WARRANTY IS GIVEN TO THE ORIGINAL PURCHASING END USER AND IS APPLICABLE ONLY TO PRODUCTS AND LICENSED MATERIALS AS LISTED HEREIN AND SOLD OR DISTRIBUTED TO SUCH END USER BY EXTREME NETWORKS, INC. (INCLUDING EXTREME NETWORKS IRELAND LIMITED, A WHOLLY OWNED SUBSIDIARY, COLLECTIVELY "EXTREME") OR AN AUTHORIZED EXTREME CHANNEL PARTNER.PRODUCT REGISTRATION WITHIN 30 DAYS AFTER PURCHASE IS REQUIRED TO VALIDATE PRODUCT WARRANTY TO ENSURE FULL AVAILABILITY OF SERVICES ELIGIBILITY. FAILURE TO DO SO MAY RESULT IN DELAYS IN RECEIVING WARRANTY SUPPORT. Table 1 — Extreme Product Warrantv Summary of Entitlements Duration of Global On -Line Warrant Warranty Technical Su ort Software/Firmware Hardware Warranty "Warranty Assistance Portal Availability Replacement' Period" Center* 1 Year Warranty 5 Year Warranty One Year One Year One Year Five Years Five Years Limited Lifetime Product Warranty — 10 Lifetime3 Business Day Ship Product Lifetime 90 Days — Defective Software Media Replacement Two years for Base Operational Five Software Years Updates Product Lifetime for Base Operational Software Updates Product and Upgrades4 Lifetime One Year for Advanced Software License Updates4 Return and Replace — Hardware shipped within 10 business days of receipt of defective asset Return and Replace — Hardware shipped within 10 business days of receipt of defective asset Advanced exchange replacement hardware is shipped within 10 business days ntUaI c14r1kwry tiln4rr l'nay vary c14rlpencHng on .!�Jpecfflc land l Ne I, Iocation 1a,, e Operational software a„ c1e nrrcl by Extreme LrrrloLnr. ' "RAUCt L1f49.'CII"1'Ye N alfLII't"ltl': r C14'.Nned and i".ti; nc ltlti"kl"Y4': d by Extreme L)f':=.Iti;1w 'l I:FCIa'Ceand G..Ijpg zbC14=.."iii al'0 al" fUl-th0l' Ci0SII"Y4': d by I'xtr4'.IT4tl':=. 1)0I04fv(,. C..CI\fi9bl"Yced "woft4fv(dplre L.Jcen �e and ..CI\farYi"ed "w;"kft4fv(dplre Lli".i:=.I"Y" 0 G..I.' dat0l" al'0 al" fLII't"ler C14'.Nni': d by Extreme :?ti':=.Iti;14fv(,. Attachment A: Page 23 of 30 Page 137 of 943 Limited Lifetime Product Lifetime Advanced exchange Warranty With Product Product Product for replacement hardware Express Lifetime Lifetime Lifetime Base Operational shipped next business Advanced Software day from RMA approval Hardware Updates2 time Replacement' Limited One year for Return and Replace — Lifetime Product Product Base Operational Product Hardware shipped Warranty 15 Lifetime Lifetime Software Updates Lifetime within 15 business Day Return To days of receipt of Factory Ship defective asset Limited Product Lifetime Lifetime for Advanced exchange Warranty With Product Product Product Base Operational replacement hardware Express Lifetime Lifetime Lifetime Software Updates shipped next business Advanced and Upgrades day from RMA approval Hardware time Replacement -2 Software Warranty3 90 Das 90 Das y y 90 Das 90 Das y y N/A Return and Replace — 1 Month 1 Month for Hardware shipped Warranty Hardware 90 Days 1 Month N/A within 10 business (WING) days of receipt of defective asset Return and Replace — 3 Month Hardware shipped Warranty 3 Months 90 Days 3 Months N/A within 10 business (WiNG)$ days of receipt of defective asset 1 Year 90 Days — Return and Replace — Warranty Defective software Hardware shipped (WiNG)8, One Year 90 Days 1 Year media within 10 business replacement days of receipt of 10 defective asset t..Ci\fi9ll"Yced 4':?xch II" ge I'a' pldpi"4'I'ria: nt "119I1'Ci4fe!are Cia: h v4'.Ired I"Ytl':=.Xt XI"iiJl"'Y4'Y" day f"I"ti"klrn R`vlA approval tII"1' e for A2, L:321C2, 133/(' i, G-!� JMNAUCVi II"Y North America, \vlV4'."�til'Irn EUI'i 10e and ALII�tl`zlha olnly. Advance Hardware Replacement al" fUI'tIl0I' ClON"Y4 d SII I"d Col"'ICflti "kl"Y4': d by EXt1`e1-n e..)t:=.1ti;14fv(,. "wLI "�(i9lll"YII"Y�k/�FLI i!III"Y'C 4'. "'Y i9I "'Y ti"4'. LI :k CIatO R l4'.dp"ii�e. a," C14'.ffined by 1,xtI'4'.IT4tl':=. .)t:=.lti;kifv(,. 7Ii , aroeai i anLy "') II)I)IICaIhIC' Lir Che, N/I AN and AI SI' Iri wfiwL, acylk I'd h i)III /e'kn a LC'dhmfln{,ie-, by I:::Al e'iaie, INC,Mni b , I'i7vi uin , Il)i nvIded Andel Uu, I Al I'll C, \A/,Il i Il ty ere, n) 1) U 1)11, Un i) I)C, /e,ln a vN,�I I anLy Il)1 )v 1') 1)" in 1)1,Ice a LIe^ tiIII e, i)l Che^ IcgIAI JUnan, Attachment A: Page 24 of 30 Page 138 of 943 Limited 90 Days — Lifetime Product Product Defective software Warranty$ Lifetime 90 Days Lifetime media (WING) replacement Limited Product Lifetime Lifetime for Warranty with Base Operational Express Product Product Product Software Updates Advanced Lifetime Lifetime' Lifetime and Upgrades Hardware Replacement - B12 Return and Replace — Hardware shipped within 10 business days of receipt of defective asset Advanced exchange replacement hardware shipped next business day from RMA approval time '48 ANAto 5 "IIIA (NAonday to I[`i day) IIS: cac l Il :nd I. sei`s fire , Product (Limited) Warranty Hardware Product Warranty Subject to the limitations and conditions set forth herein, Extreme warrants to the original purchasing End User that each unit of Extreme hardware products ("Hardware Products" or "Products") will be free from defects in material and workmanship under normal use consistent with Extreme's published written specifications for the Product at the time of shipment. Warranty Period is for the duration specified in Table 1 — Product Warranty, beginning from the date of shipment. Breach of warranty will be enforceable against Extreme only if written notice of such breach is received by Extreme within the applicable Warranty Period. Software Product Warranty Subject to the limitations and conditions set forth herein, Extreme warrants that commencing on the Warranty Start Date and continuing for a period of ninety (90) days: (a) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use and (b) the Software substantially conforms to the documentation. Except for the foregoing limited warranty, the Software is provided "AS IS". This limited warranty extends only to the Software purchased from an approved source by an End User who is the first registered end user. End User's sole and exclusive remedy and the entire liability of Extreme and its suppliers under this limited warranty will be (i) replacement of the defective media and/or (ii) at Extreme's sole option, repair or replacement of the Software subject to the condition that any error or defect constituting a breach of this limited warranty is reported to Extreme within the warranty period. In no event does Extreme warrant that the Software is error free or that End User will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Extreme does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack. Remedies — In the event of a failure of any Product to comply with the foregoing warranty during the applicable warranty period, Extreme shall, at its sole option, repair or replace the Product (which may include a workaround) or refund the fees paid for such Product following ( nhal3e chnIcal ".a.alym L IlnMded via: Tele phnne, 0iflii c, iupinn L I'intal Ind eimdl lin Iii ,L 1.? iImnUh." (tI )III Wal I anLySMI t [.: ac,), Unllne [,ialrltt7i't I'm 't U Ind email Illrinm'ttni IC'maIndei irl Wal I alfty Pei Ind III ndIAU I HeUme frn N/I ANI),1.00 III wIlAU" " i YC"Il lnr ,L end 7l "ilei date Attachment A: Page 25 of 30 Page 139 of 943 return of such Product. The foregoing sets forth Customer's sole and exclusive remedies for breach of warranty. To ensure timely receipt of Product Warranty entitlements as described herein, end-user customer must register your Extreme products Product registration is required within 30 days after purchase to validate product warranty. Failure to do so may result in delays in receiving warranty support. Product warranty registration is available at: ��r14:� llf�rf�r��r Q rIQ:�Ir � 'iiQ � Ir 7E�rf�rr�Ir[��s, 4 r��1.��./e.�i'.a1..�.4=.�.�� To determine the applicable warranty for a particular product please reference the Product Warranty Table in Exhibit 8. Definitions Used in This Policy Documentation — Extreme supplied or published thencurrent technical documentation describing the features and functions of the associated Products. Warranty Start Date — Used in this policy is from the date of shipment of the Product from Extreme, or in the case of resale by an Extreme authorized reseller, commencing not more than 90 days after shipment by Extreme. Warranty Duration — Product Lifetime — Except where otherwise defined, a period of time commencing on the Warranty Start Date from Extreme (see below) and ending on five years from the Product's announced end -of -sale date in accordance with Extreme's End of Life policy (attached as Exhibit 3). For purposes of further clarity, end -of -sale dates are defined in the Extreme End of Life Policy. Extreme Wireless Controllers Product Lifetime warranty duration is one year from the Product's end -of sale date. Base Operational Software — Embedded software that is required to operate an Extreme -branded network device and is offered for sale as an inclusive component of such hardware network device product as further described in Extreme's published price list applicable to such hardware product ("Covered Product"). Feature Packs and Advanced Software Licenses — Defined as software enabled pursuant to authorized use of an Extreme - issued license key that enables certain optional embedded software features in an Extreme Networks network device and is offered for sale as an optional component of such hardware network device product as further described in Extreme Networks' published price list applicable to such hardware product ("Covered Product"). Advanced Software License Updates — Minor releases of Advanced Software Licenses that are optional embedded software features of Covered Products. Application Software — Defined as software that is not required to operate a network device, such as management software or other standalone software. It is not an enhancement to the Base Operational Software and may reside on another network device. Upgrade and Update Software / Firmware Release Schema — A.B.C. Y A = Major Release Number. Major software releases are upgrades. • B = Minor/ Sustaining Release Number. Minor / Sustaining releases are updates. • C = Maintenance / Sustaining Release Number. Maintenance / Sustaining releases are updates. Extreme Product Warranty Entitlements Global Technical Assistance Center — Customer is entitled as part of this warranty to Attachment A: Page 26 of 30 Page 140 of 943 utilize Extreme warranty support line via email, Web form or telephone available from 8 AM to 5 PM (Monday to Friday) local End User's time for basic hardware and operational software troubleshooting assistance in connection with warranty claims, including RMA's (excluding installation, configuration and general networking troubleshooting). On -Line Support Portal — Customer shall also have access to Extreme Customer Support Website by registering the Product and/or FRU at � �i.:r�.G.�..11 �r�f�r fir Q�.� � r Q �� iiQ°:�� 7� �r f�r�: � Ike, 4 0j ii/ L, Q °�.11..s:h,� atjoii:7�/, which may include, but is not limited to: (i) information about status and/or review of known hardware and/or software issues/problems, (ii) access to technical documentation, (iii) the ability to log a case, (iv) information about the status of outstanding RMAs. Base Operational Software — Updates and Upgrades — Customer is entitled to receive any Base Operational Software or Base Operational Software upgrades/updates that Extreme may develop and generally release on Covered Products. Base Operational Software: Updates — Customer is entitled to receive any Base Operational Software updates (i.e., sustaining and/or maintenance releases) that Extreme may develop and generally release on Covered Products. Hardware Replacement: Advanced Exchange Next Business Day Ship — Extreme Networks must process the RMA relating to the defective product per the Advanced Exchange Warranty RMA Times section of the Extreme Networks Service Availability Matrix, Monday through Friday, in order to ship the replacement product to your site, by the end of day of the Next Business Day. Otherwise Second Business Day shipment will be provided for RMA's processed after the time indicated. Extreme will use all commercially reasonable efforts to pick pack and ship the hardware replacement using a commercial delivery service to customers' site. The replacement part will be shipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4 business day delivery from an Extreme regional parts depot to the customer delivery site. Variation in business delivery days is possible depending on country of destination or geographical location with the country or other factors. Extreme pays for the return freight of products from Customer to Extreme, including any applicable taxes, duties and custom fees to country of shipment destination. Any government or Brokers fees associated with the return of products from Customer to Extreme in the country of origin is Customers responsibility. Customer must be the Exporter of Record for all product returns to Extreme. Extreme pays the freight of the unit shipped to customer, excluding any applicable taxes, duties and custom fees in Customers destination country. Extreme will not be the importer of record on any shipments to Customer. Customer is responsible for returning the defective Product to an Extreme -authorized return facility. In the event that you fail to return the defective Product within ten (10) business days of receipt of the replacement FRU, Extreme reserves the right to require customer to pay the full, or portion of the, List Price of the FRU or product component. Extreme will send an invoice to customer that will reflect the amount to be paid. Hardware Replacement: Return and Replace — Extreme will make commercially reasonable efforts, at its expense, to see the shipping of a repaired or replacement FRU (feature, function Attachment A: Page 27 of 30 Page 141 of 943 and fit compatible) within 10 or 15 business days (depending upon affected product) of receipt of the defective FRU at an Extreme facility. Extreme will use all commercially reasonable efforts to pick pack and ship the hardware replacement using a commercial delivery service to customers' site. The replacement part will be shipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4 business day delivery from an Extreme regional parts depot to the customer delivery site. Variation in business delivery days is possible depending on country of destination or geographical location with the country or other factors. Customer pays for the return freight of the product to Extreme's designated location, including any applicable taxes, duties and custom fees in both country of origin and destination. Customer must be the Exporter of Record for all product returns to Extreme. Extreme pays the freight of the unit shipped to Customer, excluding any applicable taxes, duties and custom fees. Customer must be the Importer of Record for all returns to Customer. Advanced Hardware Replacement — Extreme provides for the advanced shipment of replacement hardware. After a request for a replacement Field Replaceable Unit (FRU) is validated for warranty entitlement by Extreme Global Technical Assistance Center (GTAC) and a Return Material Authorization (RMA) number is processed, a new field replaceable unit (FRU), Extreme will make commercially reasonable efforts, to pick, pack and ship the replacement FRU per the Hardware Replacement provisions as stated in Table 1 (Warranty Summary of Entitlements) using a commercial delivery service to customer's site. Extreme will use all commercially reasonable efforts to pick pack and ship the hardware replacement using a commercial delivery service to customers' site. The replacement part will be shipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4 business day delivery from an Extreme regional parts depot to the customer delivery site. Variation in business delivery days is possible depending on country of destination or geographical location with the country or other factors. Extreme pays for the return freight of products from Customer to Extreme, including any applicable taxes, duties and custom fees to country of shipment destination. Any government or Brokers fees associated with the return of products from Customer to Extreme in the country of origin is Customers responsibility. Customer must be the Exporter of Record for all product returns to Extreme. Extreme pays the freight of the unit shipped to customer, excluding any applicable taxes, duties and custom fees in Customers destination country. Extreme will not be the importer of record on any shipments to Customer. Customer is responsible for returning the defective Product to an Extreme -authorized return facility In the event that you fail to return the defective Product within ten (10) business days of receipt of the replacement FRU, Extreme reserves the right to require customer to pay the full, or portion of the, List Price of the FRU or product component. Extreme will send an invoice to customer that will reflect the amount to be paid. Hardware Replacement: General Provisions — Extreme is not responsible for any delays related to export or customs regulations or processes, or transportation issues. Actual delivery times may vary depending on specific customer location. Dead on Arrival (DOA) — For up to 30 days from the date of shipment of the Product from Extreme (or in the case of resale by an Attachment A: Page 28 of 30 Page 142 of 943 Extreme authorized reseller or channel partner, commencing not more than 90 days after shipment by Extreme), Extreme will provide Advanced Hardware Replacement of affected field replaceable unit (FRU) of Hardware Products that fail to operate within 24 hours of initial installation. For purposes of this DOA policy, "fail to operate" shall mean a material failure to substantially perform in accordance with the Hardware Products' published Documentation. Warranty Duration: Integrated Component Coverage — For certain product families some Integrated Components, such as power supplies, fans, and cables, may have their own separate warranty duration which may be different than the product it is embedded in. For a listing, reference Table 2 — Integrated Component Coverage below. I X X,11) �I Ited IAnd, �nL I'irweI SIA1)1)11C ,ire included In Ll C' Mro I I'nnLy CHVC`I'4;c' lin Lhe' A, end C Sc,I IC", I'ted ianvi, tnC Pimc,I SIAIlrply (ihIC"; tI),i IC, ,I)II)Iwd \NILI) IX: C,I I), l uedundanL IImNeiSup I)lIC al C, nwel ed Andel U e Rediand ant I'mNei [iupply Wal I al ty Table 2 — Integrated Components Coverage The following components that are integrated within a product may have separate warranty provisions: Product Fans Power Supplies' Family I -Series N/A 3 Years 7100G 5 Years 5 Years Appliance Products and Products Sold Within a Bundle — For products that are sold in a "bundled" manner noted as either a Bundle or as an Appliance in further defined in Extreme's published price list, the warranty provision provided is per each individual Product Part Number that comprises the bundle, unless otherwise noted in the price list. Warranty Assumptions Extreme is not responsible for any delays related to export or customs regulations or processes, in the event of force majeure, or due to transportation issues. Actual delivery times may vary depending on specific customer location. Replacement Products will be warranted for the remaining warranty period of the original Products that were replaced, and may be new or refurbished products. If a warranty claim is invalid for any reason and Extreme agrees to repair the returned Product even though it is not under warranty, Extreme reserves the right to charge for services performed and expenses incurred by Extreme in repairing, handling and shipping the returned Product. Expendable parts, such as fuses, lamps, filters, and other parts that are regularly replaced due to normal use are excluded from this limited Product Warranty. Attachment A: Page 29 of 30 Page 143 of 943 As to Products repaired or replaced during the original warranty period for such Product, the warranty period on the replacement Product or the repaired Product shall terminate 30 days after shipment to End User or upon the termination of the original warranty period, whichever is longer. Unless required for operational reasons or as otherwise agreed between customer and Extreme in a separate writing, replacement FRU will be at the then -current minimum hardware, software and software release levels as published by Extreme for the Product being replaced. As to any out -of -warranty Products repaired, modified or replaced by Extreme at Extreme's regular published charges, the warranty period with respect to the material and workmanship hereunder shall expire 30 days after the date of shipment of said Product to End User. Warranty Exclusions Limitation The warranties set forth above shall not apply to: (i) any third party software or hardware, whether or not such third party software or hardware is or was provided by Extreme; (ii) any Products that have been modified or repaired by anyone or any entity other than Extreme or as authorized by Extreme in writing; or (iii) any Products which have not been maintained in accordance with any handling or operating instructions supplied by Extreme, or that have been subjected to any unusual or non-standard physical or electrical stress, misuse, negligence, accidents, or causes beyond Extreme's control. The warranties and corresponding entitlements set forth herein are for the benefit of and shall apply only to end user customer. Disclaimer of Warranties EXCEPT FOR THE EXPRESS WARRANTIES AND CONDITIONS SET FORTH HEREIN, EXTREME MAKES NO OTHER WARRANTIES OR CONDITIONS RELATING TO THE PRODUCTS AND/OR FRU(s) PROVIDED, AND SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, ACCURACY OF INFORMATION, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT WILL EXTREME BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR LOST SAVINGS, LOSS OF USE OR INTERRUPTION OF BUSINESS, OR PROCUREMENT OF SUBSTITUTE GOODS), HOWEVER CAUSED, WHETHER ARISING IN CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EXTREME WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT ANY REMEDY PROVIDED HEREIN SHOULD FAIL OF ITS ESSENTIAL PURPOSE. EXTREME TOTAL LIABILITY UNDER THIS WARRANTY TO CUSTOMER IN RELATION TO THE PRODUCT(S) AND/OR FRU(S) AND FULFILLMENT OF WARRANTY SERVICES AS DEFINED HEREIN SHALL BE LIMITED TO THE AMOUNTS PAID TO EXTREME FOR SUCH PRODUCT(S) AND/OR FRU(S). Use of Subcontractors Extreme reserves the right to engage third party subcontractors to perform any services defined herein on behalf of Extreme. Attachment A: Page 30 of 30 Page 144 of 943 Attachment B — Scope Awarded to Contractor I. Data Communications Award Categories The scope for this contract is as provided below. Contractor may offer products (i.e. white box, artificial intelligence, etc.) and services within the Categories it received an award in. Each category also allows for Internet of Things (IoT) products. These products must be an IoT product that can be deployed within, upon, or integrated into a government agency's physical asset to address government line of business needs. Proposals are expected to include IoT products designed to support common government lines of business in specific subcategories i.e. routers, switches, end points, etc. IoT products can only be provided in categories that the vendor is awarded in and can include endpoints that support items in that category. Category 1.2: NETWORKING 1.2.1 Network Application Services. Application networking solutions and technologies that enable the successful and secure delivery of applications to local, remote, and branch -office users using technology to accelerate, secure, and increase availability of both application traffic and computing resources. 1.2.1.1 Virtualized Load Balancers — Virtual devices that act like a reverse proxy to distribute network and/or application traffic across multiple servers to improve the concurrent user capacity and overall reliability of applications. Capabilities should include: • SSL (Secure Sockets Layer) Off-loading • Caching capabilities • Layer 4 Load Balancing • Layer 7 Load Balancing • Detailed Reporting • Supports multiple load balancers in the same system for multiple groups • Supports TLS1.2 1.2.1.2 WAN Optimization — An appliance utilizing a collection of techniques for increasing data -transfer efficiencies across wide -area networks (WAN). Capabilities should include: • CIFS (Common Internet File System) acceleration • Data Compression • SSL encryption/decryption for acceleration (Optional) • Layer 4-7 visibility • Application Specific optimization • Network analysis tools (solutions utilized to collect, classify, analyze, and securely store log messages). 1.2.2 Networking Software. Software that runs on a server, or within the Cloud, and enables the server to manage data, users, groups, security, applications, and other networking functions. The network operating system is designed to allow Page 1 of 11 Attachment B Page 145 of 943 transfer of data among multiple computers in a network, typically a local area network (LAN), a private network or to other networks. Networking software capabilities should include: • Restartable Process • High availability options • Targeted operating systems, i.e. DC, campus, core, wan, etc. • Operating System Efficiencies • Network analysis tools (solutions utilized to collect, classify, analyze, and securely store log messages). 1.2.2.1 Network Management and Automation — Software products and solutions for network automation, cloud computing, and IT systems management. 1.2.2.2 Data Center Management and Automation — Software products and solutions that capture and automate manual tasks across servers, network, applications, and virtualized infrastructure. 1.2.2.3 Cloud Portal and Automation — Software products and solutions for cloud management with policy -based controls for provisioning virtual and physical resources. 1.2.2.4 Branch Office Management and Automation — Software products and solutions for management of branch offices. Capabilities include remote troubleshooting, device management, and WAN performance monitoring. 1.2.3 Network Optimization and Acceleration. Devices and tools for increasing data -transfer efficiencies across wide -area networks. 1.2.3.1 Data Analytics — Appliance for improving network management by more effectively factoring in issues related to congestion, such as utilization, service consumption and routing. Provides real-time insights into network traffic to determine the value of different portions of that traffic. 1.2.3.2 Dynamic Load Balancing (Network Traffic Management) — An appliance that performs a series of checks and calculations to determine which server can best service each client request in order to select the server that can successfully fulfill the client request and do so in the shortest amount of time without overloading either the server or the server farm as a whole. 1.2.3.3 WAN Acceleration — Appliance that optimizes bandwidth to improve the end user's experience on a wide area network (WAN). Capabilities should include: • CIFS acceleration • Data Compression • SSL encryption/decryption for acceleration (Optional) • Layer 4-7 visibility • Application Specific optimization 1.2.3.4 High Availability and Redundancy — Limits any disruption to network uptime should an appliance face unforeseen performance issues. Transparently redistributes workloads to surviving cluster appliances without impacting communication throughout the cluster. 1.2.4 Optical Networking. Page 2 of 11 Attachment B Page 146 of 943 High capacity networks based on optical technology and components that provide routing, grooming, and restoration at the wavelength level as well as wavelength based services. 1.2.4.1 Core DWDM (Dense Wavelength Division Multiplexing) Switches — Switches used in systems designed for long haul and ultra long-haul optical networking applications. 1.2.4.2 Edge Optical Switches — Provide entry points into the enterprise or service provider core networks. 1.2.4.3 Optical Network Management — Provides capabilities to manage the optical network and allows operators to execute end-to-end circuit creation. 1.2.4.4 IP over DWDM (IPoDWDM) — A device utilized to integrate IP Routers and Switches in the OTN (Optical Transport Network). Category 1.3: ROUTERS, SWITCHES, SECURITY, AND NETWORKING STORAGE 1.3.1 Routers. A device that forwards data packets along networks. A router is connected to at least two networks, commonly two LANs or WANs or a LAN and its ISP's network. Routers are located at gateways, the places where two or more networks connect, and are the critical device that keeps data flowing between networks and keep the networks connected to the Internet. 1.3.1.1 Branch Routers — A multiservice router typically used in branch offices or locations with limited numbers of users and supports flexible configurations/feature. For example: security, VoIP, wan acceleration, etc. 1.3.1.2 Network Edge Routers — A specialized router residing at the edge or boundary of a network. This router ensures the connectivity of its network with external networks, a wide area network or the Internet. An edge router uses an External Border Gateway Protocol, which is used extensively over the Internet to provide connectivity with remote networks. 1.3.1.3 Core Routers - High performance, high speed, low latency routers that enable Enterprises to deliver a suite of data, voice, and video services to enable next -generation applications such as IPTV and Video on Demand (VoD), and Software as a Service (SaaS). 1.3.1.4 Service Aggregation Routers — Provides multiservice adaptation, aggregation and routing for Ethernet and IP/MPLS networks to enable service providers and enterprise edge networks simultaneously host resource -intensive integrated data, voice and video business and consumer services. 1.3.1.5 Carrier Ethernet Routers — High performance routers that enable service providers to deliver a suite of data, voice, and video services to enable next -generation applications such as IPTV, Video on Demand (VoD), and Software as a Service (SaaS). 1.3.2 Security. 1.3.2.1 Data Center and Virtualization Security Products and Appliances — Products designed to protect high-value data and data center resources with threat defense and policy control. Page 3 of 11 Attachment B Page 147 of 943 1.3.2.2 Intrusion Detection/Protection and Firewall Appliances — Provide comprehensive inline network firewall security from worms, Trojans, spyware, key loggers, and other malware. This includes Next -Generation Firewalls (NGFW), which offer a wire -speed integrated network platform that performs deep inspection of traffic and blocking of attacks. Intrusion Detection/Protection and Firewall Appliances should provide: • Non -disruptive in-line bump -in -the -wire configuration • Standard first -generation firewall capabilities, e.g., network -address translation (NAT), stateful protocol inspection (SPI) and virtual private networking (VPN), etc. • Application awareness, full stack visibility and granular control • Capability to incorporate information from outside the firewall, e.g., directory -based policy, blacklists, white lists, etc. • Upgrade path to include future information feeds and security threats • SSL decryption to enable identifying undesirable encrypted applications (Optional) 1.3.2.3 Logging Appliances and Analysis Tools — Solutions utilized to collect, classify, analyze, and securely store log messages. 1.3.2.4 Secure Edge and Branch Integrated Security Products — Network security, VPN, and intrusion prevention for branches and the network edge. Products typically consist of appliances or routers. 1.3.2.5 Secure Mobility Products — Delivers secure, scalable access to corporate applications across multiple mobile devices. 1.3.2.6 Encryption Appliances — A network security device that applies crypto services at the network transfer layer - above the data link level, but below the application level. 1.3.2.7 On -premise and Cloud -based services for Network Communications Integrity — Solutions that provide threat protection, data loss prevention, message level encryption, acceptable use and application control capabilities to secure web and email communications. This could include cloud access security brokers (CASBs) and DNS security. 1.3.2.8 Secure Access — Products that provide secure access to the network for any device, including personally owned mobile devices (laptops, tablets, and smart phones). Capabilities should include: • Management visibility for device access • Self-service on -boarding • Centralized policy enforcement • Differentiated access and services • Device Management 1.3.3 Storage Networking. High-speed network of shared storage devices connecting different types of storage devices with data servers. 1.3.3.1 Director Class SAN (Storage Area Network) Switches and Modules — A scalable, high- performance, and protocol -independent designed primarily to fulfill the role of core switch in a core -edge Fibre Channel (FC), FCOE or similar SAN topology. A Fibre Channel director is, by current convention, a Page 4 of 11 Attachment B Page 148 of 943 switch with at least 128 ports. It does not differ from a switch in core FC protocol functionality. Fibre Channel directors provide the most reliable, scalable, high-performance foundation for private cloud storage and highly virtualized environments. 1.3.3.2 Fabric and Blade Server Switches — A Fibre Channel switch is a network switch compatible with the Fibre Channel (FC) protocol. It allows the creation of a Fibre Channel fabric, which is currently the core component of most SANS. The fabric is a network of Fibre Channel devices, which allows many -to -many communication, device name lookup, security, and redundancy. FC switches implement zoning; a mechanism that disables unwanted traffic between certain fabric nodes. 1.3.3.3 Enterprise and Data Center SAN and VSAN (Virtual Storage Area Network) Management — Management tools to provisions, monitors, troubleshoot, and administers SANS and VSANs. 1.3.3.4 SAN Optimization — Tools to help optimize and secure SAN performance (ie. Encryption of data - at -rest, data migration, capacity optimization, data reduction, etc. 1.3.4: Switches. Layer 2/3 devices that are used to connect segments of a LAN (local area network) or multiple LANs and to filter and forward packets among them. 1.3.4.1 Campus LAN – Access Switches — Provides initial connectivity for devices to the network and controls user and workgroup access to internetwork resources. The following are some of the features a campus LAN access switch should support: 1. Security a. SSHv2 (Secure Shell Version 2) b. 802.1X (Port Based Network Access Control) c. Port Security d. DHCP (Dynamic Host Configuration Protocol) Snooping 2. VLANs 3. Fast Ethernet/Gigabit Ethernet 4. PoE (Power over Ethernet) 5. link aggregation 6. 10 Gb support 7. Port mirroring 8. Span Taps 9. Support of IPv6 and IPv4 10. Standards-based rapid spanning tree 11. Netflow Support (Optional). 1.3.4.2 Campus LAN – Core Switches — Campus core switches are generally used for the campus backbone and are responsible for transporting large amounts of traffic both reliably and quickly. Core switches should provide: • High bandwidth • Low latency • Hot swappable power supplies and fans Page 5 of 11 Attachment B Page 149 of 943 • Security o SSHv2 o MacSec encryption o Role -Based Access Control Lists (ACL) • Support of IPv6 and IPv4 • 1/10/40/100 Gbps support • IGP (Interior Gateway Protocol) routing • EGP (Exterior Gateway Protocol) routing • VPLS (Virtual Private LAN Service) Support • VRRP (Virtual Router Redundancy Protocol) Support • Netflow Support. 1.3.4.3 Campus Distribution Switches — Collect the data from all the access layer switches and forward it to the core layer switches. Traffic that is generated at Layer 2 on a switched network needs to be managed, or segmented into Virtual Local Area Networks (VLANs), Distribution layer switches provides the inter-VLAN routing functions so that one VLAN can communicate with another on the network. Distribution layer switches provides advanced security policies that can be applied to network traffic using Access Control Lists (ACLS). • High bandwidth • Low latency • Hot swappable power supplies and fans • Security (SSHv2 and/or 802.1X) • Support of IPv6 and IPv4 • Jumbo Frames Support • Dynamic Trunking Protocol (DTP) • Per-VLAN Rapid Spanning Tree (PVRST+) • Switch -port auto recovery • NetFlow Support or equivalent 1.3.4.4 Data Center Switches — Data center switches, or Layer 2/3 switches, switch all packets in the data center by switching or routing good ones to their final destinations, and discard unwanted traffic using Access Control Lists (ACLS) a minimum of 10 Gigabit speeds. High availability and modularity differentiates a typical Layer 2/3 switch from a data center switch. Capabilities should include: • High bandwidth • Low latency • Hot swappable power supplies and fans • Ultra-low latency through wire -speed ports with nanosecond port -to -port latency and hardware - based Inter -Switch Link (ISL) trunking • Load Balancing across Trunk group able to use packet based load balancing scheme • Bridging of Fibre Channel SANS and Ethernet fabrics • Jumbo Frame Support • Plug and Play Fabric formation that allows a new switch that joins the fabric to automatically become a member Page 6 of 11 Attachment B Page 150 of 943 • Ability to remotely disable and enable individual ports • Support NetFlow or equivalent 1.3.4.5 Software Defined Networks (SDN) — An application in SDN that manages flow control to enable intelligent networking. 1.3.4.6 Software Defined Networks (SDN) - Virtualized Switches and Routers — Technology utilized to support software manipulation of hardware for specific use cases. 1.3.4.7 Software Defined Networks (SDN) — Controllers - is an application in software -defined networking (SDN) that manages flow control to enable intelligent networking. SDN controllers are based on protocols, such as OpenFlow, that allow servers to tell switches where to send packets. The SDN controller lies between network devices at one end and applications at the other end. Any communications between applications and devices have to go through the controller. The controller uses multiple routing protocols including OpenFlow to configure network devices and choose the optimal network path for application traffic. 1.3.4.8 Carrier Aggregation Switches — Carrier aggregation switches route traffic in addition to bridging (transmitted) Layer 2/Ethernet traffic. Carrier aggregation switches' major characteristics are: • Designed for Metro Ethernet networks • Designed for video and other high bandwidth applications • Supports a variety of interface types, especially those commonly used by Service Providers Capabilities should include: • Redundant Processors • Redundant Power • IPv4 and IPv6 unicast and multicast • High bandwidth • Low latency • Hot swappable power supplies and fans • MPLS (Multiprotocol Label Switching) • BGP (Border Gateway Protocol) • Software router virtualization and/or multiple routing tables • Policy based routing • Layer 2 functionality o Per VLAN Spanning Tree o Rapid Spanning Tree o VLAN IDs up to 4096 o Layer 2 Class of Service (IEEE 802.1p) o Link Aggregation Control Protocol (LACP) o QinQ (IEEE 802.1ad) 1.3.4.9 Carrier Ethernet Access Switches — A carrier Ethernet access switch can connect directly to the customer or be utilized as a network interface on the service side to provide layer 2 services. Page 7 of 11 Attachment B Page 151 of 943 • Hot-swappable and field -replaceable integrated power supply and fan tray • AC or DC power supply with minimum DC input ranging from 18V to 32 VDC and 36V to 72 VDC • Ethernet and console port for manageability • SD flash card slot for additional external storage • Stratum 3 network clock • Line -rate performance with a minimum of 62 -million packets per second (MPPS) forwarding rate • Support for dying gasp on loss of power • Support for a variety of small form factor pluggable transceiver (SFP and SFP+) with support for Device Object Model (DOM) • Timing services for a converged access network to support mobile solutions, including Radio Access Network (RAN) applications • Support for Synchronous Ethernet (SyncE) services • Supports Hierarchical Quality of Service (H-QoS) to provide granular traffic -shaping policies • Supports Resilient Ethernet Protocol REP/G.8032 for rapid layer -two convergence Category 1.4: WIRELESS. Provides connectivity to wireless devices within a limited geographic area. System capabilities should include: • Redundancy and automatic failover • IPv6 compatibility • NTP Support 1.4.1 Access Points — A wireless Access Point (AP) is a device that allows wireless devices to connect to a wired network using Wi-Fi, or related standards. Capabilities should include: • 802.11a/b/g/n • 802.11n • 802.11ac • Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud Architecture) • UL2043 plenum rated for safe mounting in a variety of indoor environments • Support AES-CCMP (128 -bit) • Provides real-time wireless intrusion monitoring and detection 1.4.2 Outdoor Wireless Access Points — Outdoor APs are rugged, with a metal cover and a DIN rail or other type of mount. During operations they can tolerate a wide temperature range, high humidity and exposure to water, dust, and oil. Capabilities should include: • Flexible Deployment Options • Provides real-time wireless intrusion monitoring and detection • Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud Architecture) Page 8 of 11 Attachment B Page 152 of 943 1.4.3 Wireless LAN Controllers — An onsite or offsite solution utilized to manage Light -weight access points in large quantities by the network administrator or network operations center. The WLAN controller automatically handles the configuration of wireless access -points. Capabilities should include: • Ability to monitor and mitigate RF interference/self-heal • Support seamless roaming from AP to AP without requiring re -authentication • Support configurable access control lists to filter traffic and denying wireless peer to peer traffic • System encrypts all management layer traffic and passes it through a secure tunnel • Policy management of users and devices provides ability to de -authorize or deny devices without denying the credentials of the user, nor disrupting other AP traffic • Support configurable access control lists to filter traffic and denying wireless peer to peer traffic 1.4.4 Wireless LAN Network Services and Management — Enables network administrators to quickly plan, configure and deploy a wireless network, as well as provide additional WLAN services. Some examples include wireless security, asset tracking, and location services. Capabilities should include: • Provide for redundancy and automatic failover • Historical trend and real time performance reporting is supported • Management access to wireless network components is secured • SNMPv3 enabled • RFC 1213 compliant • Automatically discover wireless network components • Capability to alert for outages and utilization threshold exceptions • Capability to support Apple's Bonjour Protocol / mDNS • QoS /Application identification capability 1.4.5 Cloud -based services for Access Points — Cloud -based management of campus -wide WiFi deployments and distributed multi -site networks. Capabilities include: • Zero -touch access point provisioning • Network -wide visibility and control • RF optimization, • Firmware updates 1.4.6 Mobile Device Management (MDM) — MDM technology utilized to allow employees to bring personally owned mobile devices (laptops, tablets, and smart phones) to their workplace, and use those devices to access privileged government information and applications in a secure manner. Capabilities should include: • Ability to apply corporate policy to new devices accessing the network resources, whether wired or wireless • Provide user and devices authentication to the network • Provide secure remote access capability • Support 802.1x • Network optimization for performance, scalability, and user experience Page 9 of 11 Attachment B Page 153 of 943 II. Value Added Services For each Award Category above, the following valued services should also be available for procurement at the time of product purchase or anytime afterwards. This provided list of value added services is not intended to be exhaustive, and may be updated pursuant to the terms of the resulting Master Agreement 2.1 Maintenance Services — Capability to provide technical support, software maintenance, flexible hardware coverage, and smart, proactive device diagnostics for hardware. 2.2 Professional Services a. Deployment Services i. Survey/ Design Services — Includes, but not limited to, discovery, design, architecture review/validation, and readiness assessment. ii. Implementation Services — Includes, but not limited to, basic installation and configuration or end-to-end integration and deployment. iii. Optimization — Includes, but not limited to, assessing operational environment readiness, identify ways to increase efficiencies throughout the network, and optimize Customer's infrastructure, applications and service management. b. Remote Management Services — Includes, but not limited to, continuous monitoring, incident management, problem management, change management, and utilization and performance reporting that may be on a subscription basis. c. Consulting/Advisory Services — Includes, but not limited to, assessing the availability, reliability, security and performance of Customer's existing solutions. d. Data Communications Architectural Design Services — Developing architectural strategies and roadmaps for transforming Customer's existing network architecture and operations management. e. Statement of Work (SOW) Services — Customer -specific tasks to be accomplished and/or services to be delivered based on Customer's business and technical requirements. f. Testing Services – Includes, but not limited to, testing the availability, reliability, security and performance of Customer's existing solutions 2.3 Partner Services — Provided by Contractor's Authorized Partners/Resellers. a. Subject to Contractor's approval and the certifications held by its Partners/Resellers, many Partners/Resellers can also offer and provide some or all of the Services as listed above at competitive pricing, along with local presence and support. As the primary Contractor (OEM), Contractor is ultimately responsible for the service and performance of its Partners/ Resellers. Customers may have the option to purchase the Services to be directly delivered by Contractor (OEM) or its certified Partners/Resellers. 2.4 Training — Learning offerings for IT professionals on networking technologies, including but not limited to designing, implementing, operating, configuring, and troubleshooting network systems pertaining to items provided under the master agreement. Page 10 of 11 Attachment B Page 154 of 943 III. Product Line Additions During the contract term Contractor may submit a request to update product catalog that falls within the scope listed in herein this Attachment B as new technology is introduced, updated or removed from the market. Lead State will evaluate requests and update the contract offering as appropriate. New product additions must utilize the same pricing structure as was used for services falling into the same service category. A. Minimum Discount The Minimum Discount % off List shall be firm fixed for the duration of the contract. However, the list prices may fluctuate through the life of the contract, as provided within Attachment A. Contractor may offer increased discounts upon achievement of contract volume milestones. Minimum guaranteed contract discounts do not preclude Contractor and/or its authorized resellers from providing deeper or additional, incremental discounts at their sole discretion. Purchasing entities shall benefit from any promotional pricing offered by the Contractor to similar customers. Promotional pricing shall not be cause for a permanent price change. Page 11 of 11 Attachment B Page 155 of 943 Attachment C - Pricing Discounts and Value Added Services Contractor Extreme Networks, Inc. 1. % discounts are based on minimum discounts off Contractor's commercially published pricelists versus fixed pricing. Nonetheless, Orders will be fixed-price or fixed-rate and not cost reimbursable contracts. Contractor has the ability to update and refresh its respective price catalog, as long as the agreed-upon discounts are fixed. 2. Minimum guaranteed contract discounts do not preclude an Offeror and/or its authorized resellers from providing deeper or additional, incremental discounts at their sole discretion. 3. Purchasing entities shall benefit from any promotional pricing offered by Contractor to similar customers. Promotional pricing shall not be cause for a permanent price change. 4. Contractor's price catalog shall include the price structures of all products, services and value added items (i.e., Maintenance Services, Professional Services, Etc.) that it intends to provide under its contract. Pricing shall all-inclusive of infrastructure and software costs and management of infrastructure, network, OS, and software. r ,Section 2: Minimum Category 1.2 Networking Hourly Rates - Hardware and Software (on premise) 38.00% Cloud Services NA Service Packages (i.e., Maintenance, etc.) 12% for HW /6% for SW Category 1.3 Routers, Switches, Secuirty, and Networking Storage Title Hardware and Software (on premise) 38.00% Cloud Services NA Service Packages (i.e., Maintenance, etc.) 12% for HW /6% for SW Category 1.4 Wireless Hardware and Software (on premise) 38.00% Cloud Services NA Service Packages (i.e., Maintenance, etc.) 12% for HW /6% for SW Section 3: Value Added Services Provide the title. lob description for each title. and associated hourly rate. Add additional rows as necessary. Attachment Page ` 56obf 943 Hourly Rates - Weekday Weekend - 'State Holiday Title Job Description onsite Remota onsito( Remote onsite Remote Extreme Maintenance Offerings are Maintenance Services included above $281.25 - *24 hour $281.25 - *8 $421.88 -*24 $421.88 - *8 $421.88 -*24 $421.88 - *8 minimum for onsite hour minimum hour hour hour hour Implementation offered under support for remote minimum for minimum for minimum for minimum for Extreme's Professional Services support onsite remote onsite support remote Professional Services portfolio. support support support Deployment Services $281.25 - *24 hour $281.25 - *8 $421.88 *24 $421.88 - *8 $421.88 *24 $421.88 - *8 minimum for onsite hour minimum hour hour hour hour support for remote minimum for minimum for minimum for minimum for Deplopyment offered under Extreme's support onsite remote onsite support remote Professional Services portfolio. support support support Consulting Advisory Services Consulting Advisory Services offered $281.25 - *24 hour $281.25 - *8 $421.88 -*24 $421.88 - *8 $421.88 -*24 $421.88 - *8 Architectural Design Services $281.25 - *24 hour $281.25 - *8 $421.88 -*24 $421.88 - *8 $421.88 -*24 $421.88 - *8 minimum for onsite hour minimum hour hour hour hour Architectural Design Services offered support for remote minimum for minimum for minimum for minimum for under Extreme's Professional Services support onsite remote onsite support remote portfolio. support support support Statement of Work Services SOWS are offered under Extreme's $281.25 - *24 hour $281.25 - *8 $421.88 -*24 $421.88 - *8 $421.88 -*24 $421.88 - *8 Partner Services NA Training Deployment Services $281.25 - *24 hour $281.25 - *8 $421.88 -*24 $421.88 - *8 $421.88 -*24 $421.88 - *8 minimum for onsite hour minimum hour hour hour hour support for remote minimum for minimum for minimum for minimum for Technical Training - knowledge based support onsite remote onsite support remote training offered during implementation support support support Education and Training Classroom Technical Training $68.75 N/A $68.75 N/A $68.75 N/A [add any additional Value Added Services] Attachment Page ` 56obf 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 2 End User License Agreement This document is an agreement ("Agreement") between You, the end user, and Extreme Networks, Inc., on behalf of itself and its Affiliates ("Extreme") that sets forth Your rights and obligations with respect to the "Licensed Materials". BY INSTALLING SOFTWARE AND/OR THE LICENSE KEY FOR THE SOFTWARE ("License Key") (collectively, "Licensed Software"), IF APPLICABLE, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE AND/OR ANY OF THE LICENSED MATERIALS UNDER THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE LICENSE(S) AND THE LIMITATION(S) OF WARRANTY AND DISCLAIMER(S)/LIMITATION(S) OF LIABILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE LICENSE KEY (IF APPLICABLE) TO EXTREME OR YOUR DEALER, IF ANY, OR DO NOT USE THE LICENSED SOFTWARE AND/OR LICENSED MATERIALS AND CONTACT EXTREME OR YOUR DEALER WITHIN TEN (10) DAYS FOLLOWING THE DATE OF RECEIPT TO ARRANGE FOR A REFUND. DEFINITIONS. "Affiliates" means, with respect to a party, any person, partnership, corporation, limited liability company, or other form of enterprise that directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with such party. "Server Application" means the software application associated to software authorized for installation (per License Key, if applicable) on one or more of Your servers as further defined in the Ordering Documentation. "Client Application" means the application to access the Server Application. "Network Device" means a physical computer device, appliance, appliance component, controller, wireless access point, or virtual appliance as further described within the applicable product documentation, which includes, without limitation, the Order Documentation. "Licensed Materials" means the Licensed Software (including, without limitation, the Server Application and Client Application), Network Device (if applicable, but excluding any ODM Network Device), Firmware, media embodying software, and the accompanying documentation. "Concurrent User" means any of Your individual employees who You provide access to the Server Application at any one time. "Firmware" means any software program or code embedded in chips or other media. "Standalone" software is software licensed for use independent of any hardware purchase as identified in the Ordering Documentation. "ODM Network Device" means a Network Device purchased by You from a Specified ODM as identified in the Ordering Documentation. "Specified ODM" means an original device manufacturer as identified in the Ordering Documentation. "Licensed Software" collectively means the software, including without limitation Standalone software, Firmware, Server Application, Client Application or other application licensed with conditional use parameters as defined in the Ordering Documentation. "Ordering Documentation" means the applicable price quotation, corresponding purchase order, relevant invoice, order acknowledgement, and accompanying documentation or specifications for the products and services Attachment D Pae 1 of 471 Page 157 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. purchased, acquired or licensed hereunder from Extreme either directly or indirectly. "Open Source Software" means any software code or component that is distributed as open source software or freeware or is otherwise distributed publicly or made generally available in source code form under terms that permit modification and redistribution on one or more triggering conditions. TERM. This Agreement is effective from the date on which You accept the terms and conditions of this Agreement via click -through, commence using the products and services or upon delivery of the License Key if applicable, and shall be effective until terminated. In the case of Licensed Materials offered on a subscription basis, the term of "licensed use" shall be as defined within Your Ordering Documentation. GRANT OF LICENSE. Extreme hereby grants You a non -transferable, non- sublicensable, non-exclusive license to use the Licensed Materials and the accompanying documentation for Your own business purposes, subject to the terms and conditions of this Agreement, applicable licensing restrictions, and any term, user server networking device, field of use, or other restrictions as set forth in Your Ordering Documentation. If the Licensed Materials are being licensed on a subscription and/or capacity basis, the applicable term and/or capacity limit of the license shall be specified in Your Ordering Documentation. You may install and use the Licensed Materials as permitted by the license type purchased as described below in License Types. The license type purchased is specified in the Ordering Documentation. YOU MAY NOT USE, COPY, OR MODIFY THE LICENSED MATERIALS, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. 4. LICENSE TYPES. • Single User, Single Network Device. Under the terms of this license type, the license granted to You by Extreme authorizes You to use the Licensed Materials as bundled with a single Network Device as identified by a unique serial number for the applicable term, if and as specified in Your Ordering Documentation, or any replacement for that Network Device for that same term, for internal use only. A separate license, under a separate license agreement, is required for any other Network Device on which You or another individual, employee or other third party intend to use the Licensed Materials. A separate license under a separate license agreement is also required if You wish to use a Client license (as described below). • Single User, Multiple Network Devices. Under the terms of this license type, the license granted to You by Extreme authorizes You to use the Licensed Materials with a defined amount of Network Devices as defined in the Ordering Documentation. • Client. Under the terms of the Client license, the license granted to You by Extreme will authorize You to install the License Key for the Licensed Materials on Your server and allow the specific number of Concurrent Users as ordered by you and is set forth in Your Ordering Documentation. A separate license is required for each additional Concurrent User. Attachment D Pae 2 of 471 Page 158 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. • Standalone. Software or other Licensed Materials licensed to You for use independent of any Network Device. • Subscription. Licensed Materials, and inclusive Licensed Software, Network Device or related appliance updates and maintenance services, licensed to You for use during a subscription period as defined in Your applicable Ordering Documentation. • Capacity. Under the terms of this license, the license granted to You by Extreme authorizes You to use the Licensed Materials up to the amount of capacity or usage as defined in the Ordering Documentation. s. AUDIT RIGHTS. You agree that Extreme may audit Your use of the Licensed Materials for compliance with this Agreement and Your License Type at any time, upon reasonable notice. In the event that such audit reveals any use of the Licensed Materials by You other than in full compliance with the license granted and the terms of this Agreement, Extreme reserves the right to charge You for all reasonable expenses related to such audit in addition to any other liabilities and overages applicable as a result of such non-compliance, including but not limited to additional fees for Concurrent Users, excess capacity or usage over and above those specifically granted to You. From time to time, the Licensed Materials may upload information about the Licensed Materials and the associated usage to Extreme. This is to verify the Licensed Materials are being used in accordance with a valid license and/or entitlement. By using the Licensed Materials, you consent to the transmission of this information. RESTRICTION AGAINST COPYING OR MODIFYING LICENSED MATERIALS. Except as expressly permitted in this Agreement, You may not copy or otherwise reproduce the Licensed Materials. In no event does the limited copying or reproduction permitted under this Agreement include the right to decompile, disassemble, electronically transfer, reverse engineer, extract or otherwise derive, the source code and any other ideas, algorithms or procedures from the Licensed Materials, including without limitation the Licensed Software, or to translate the Licensed Materials into another computer language, except to the extent that Extreme is not permitted by applicable law to exclude or limit such rights. The media or software in other form embodying the Licensed Materials may be copied by You, in whole or in part, into machine-readable form, in sufficient numbers only for backup or archival purposes, or to replace a worn or defective copy. However, You agree not to have more than two (2) copies of the Licensed Software in whole or in part, including without limitation the original media, in Your possession for said purposes without Extreme's prior written consent, and in no event shall You operate more copies of the Licensed Software than the specific licenses granted to You. Notwithstanding the above, you may not copy or reproduce the documentation. You agree to maintain appropriate records of the location of the original media and all copies of the Licensed Software, in whole or in part, made by You. You agree to include any copyright, trademark, claims of confidentiality, or trade secrets, or other proprietary notice set forth on the label of the media embodying the Licensed Software on any copy of the Licensed Materials in any form, in whole or in part, or on any modification of the Licensed Materials or any such modular work containing the Licensed Materials or any part thereof. Attachment D Pae 3 of 471 Page 159 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 7. TITLE AND PROPRIETARY RIGHTS. (a) The Licensed Materials are copyrighted works and, as between You and Extreme, are the sole and exclusive property of Extreme, its Affiliates, and/or its and their suppliers. This Agreement conveys a limited right to operate the Licensed Materials and shall not be construed to convey title to the Licensed Materials to You. There are no implied rights. You shall not sell, lease, transfer, sublicense, dispose of, or otherwise make available the Licensed Materials or any portion thereof, to any other party. (b) You further acknowledge that in the event of a breach of this Agreement, Extreme shall suffer severe and irreparable damages for which monetary compensation alone will be inadequate. You therefore agree that in the event of a breach of this Agreement, Extreme shall be entitled to monetary damages and its reasonable attorney's fees and costs in enforcing this Agreement, as well as injunctive relief to restrain such breach, in addition to any other remedies available to Extreme. s. PROTECTION AND SECURITY. In the performance of this Agreement or in contemplation thereof, You and Your employees and agents may have access to private or confidential information owned or controlled by Extreme relating to the Licensed Materials supplied hereunder including, but not limited to, product specifications and schematics, and such information may contain proprietary details and disclosures. All information and data so acquired by You or Your employees or agents under this Agreement or in contemplation hereof shall be and shall remain Extreme's exclusive property, and You shall use all commercially reasonable efforts to keep, and have Your employees and agents keep, any and all such information and data confidential, and shall not copy, publish, or disclose it to others, without Extreme's prior written approval, and shall return, destroy or expunge such information and data to Extreme at its request. Nothing herein shall limit Your use or dissemination of information not actually derived from Extreme or of information which has been or subsequently is made public by Extreme, or a third party having authority to do so. You agree not to deliver or otherwise make available the Licensed Materials or any part thereof, including without limitation the object or source code (if provided) of the Licensed Software, to any party other than Extreme or its employees, except for purposes specifically related to Your use of the Licensed Materials on a single computer as expressly provided in this Agreement, without the prior written consent of Extreme. You acknowledge that the Licensed Materials contain valuable confidential information and trade secrets, and that unauthorized use, copying and/or disclosure thereof are harmful to Extreme, its Affiliates, and its and their suppliers. 9. MAINTENANCE AND UPDATES. Except as otherwise defined below, updates and certain maintenance and support services, if any, shall be provided to You pursuant to the terms of a separate service and/or maintenance agreement, if Extreme and You enter into such an agreement. Except as specifically set forth in such agreement, Extreme shall not be under any obligation to provide updates, modifications, or enhancements, or maintenance and support services for the Licensed Materials to You. If you have purchased Licensed Materials on a subscription basis then the applicable service terms for Your Licensed Materials are as provided in Your Ordering Documentation. Extreme will Attachment D Pae 4 of 471 Page 160 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. perform the maintenance and updates in a timely and professional manner, during the term of Your subscription, using qualified and experienced personnel. You will cooperate in good faith with Extreme in the performance of the support services including, but not limited to, providing Extreme with: (a) access to the Extreme Licensed Materials (and related systems); and (b) reasonably requested assistance and information. Further information about the applicable maintenance and updates terms can be found in Extreme's Terms of Support (attached as Exhibit 4). lo. DEFAULT AND TERMINATION. In the event that You shall fail to keep, observe, or perform any obligation under this Agreement, including without limitation a failure to pay any sums due to Extreme, or in the event that you become insolvent or seek protection, voluntarily or involuntarily, under any bankruptcy law, Extreme may, in addition to any other remedies it may have under law, terminate this Agreement and any other related agreements between Extreme and You. (a) Immediately after any termination of this Agreement, Your licensed subscription term, or if You have for any reason discontinued use of Licensed Materials, You shall return to Extreme, destroy or expunge (in Extreme's discretion) the original and any copies of the Licensed Materials and remove the Licensed Materials, including without limitation any Licensed Software, from any Network Devices, and certify in writing that through Your best efforts and to the best of Your knowledge the original and all copies of the terminated or discontinued Licensed Materials have been returned to Extreme, destroyed or expunged. (b) Sections 1, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive expiration or termination of this Agreement for any reason. ii. EXPORT REQUIREMENTS. You are advised that the Licensed Materials, including without limitation the Licensed Software, is of United States origin and subject to United States Export Administration Regulations; diversion contrary to United States law and regulation is prohibited. You agree not to directly or indirectly export, re-export, import or transmit the Licensed Materials, including without limitation the Licensed Software to any country, end user or for any use that is prohibited by applicable United States laws or regulations (including but not limited to those countries embargoed from time to time by the United States government) or contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, reexport, import, transmission or use. 12. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Licensed Materials (i) incorporate commercial computer software and commercial computer software documentation developed exclusively at private expense, and (ii) are in all respects proprietary property belonging solely to Extreme or its suppliers. If You are acquiring the Licensed Materials on behalf of any part of the U.S. government, the following provisions apply. The object code and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Attachment D Pae 5 of 471 Page 161 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. object code or the accompanying documentation by the U.S. government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the provisions hereof. Any technical data provided that is not covered by the above provisions is deemed to be "technical data" and "commercial items" pursuant to DFAR Section 252.227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 252.227.7015(b). 13. LIMITED WARRANTY AND LIMITATION OF LIABILITY. Extreme warrants to You that (a) the initially -shipped version of the Licensed Materials will materially conform to the Ordering Documentation; and (b) the media on which the Licensed Software is recorded will be free from material defects for a period of ninety (90) days from the date of delivery to You or such other minimum period required under applicable law. Extreme does not warrant that Your use of the Licensed Materials will be error -free or uninterrupted. NONE OF EXTREME, ITS AFFILIATES, OR ITS OR THEIR LICENSORS OR SUPPLIERS, MAKE ANY OTHER WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED "AS IS". THE LIMITED WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON - INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED, AND STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. IN NO EVENT WILL EXTREME OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR ANY LOST PROFITS OR DATA, OR ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR INABILITY TO USE THE LICENSED MATERIALS, TO ANY PARTY EVEN IF EXTREME OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EXTREME OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOU PAID FOR THE LICENSED MATERIALS DURING THE TWELVE (12) - MONTH PERIOD PRECEDING THE EVENT CAUSING THE CLAIM. Some jurisdictions do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to You. This limited warranty gives You specific legal rights, and You may also have other rights which vary based on Your applicable jurisdiction. 14. GOVERNING LAW; JURISDICTION. The validity, performance and construction of this Agreement and the rights and obligations of the parties pursuant to this Agreement shall be governed and construed in accordance with the laws of the State of California, without reference to any conflicts of law rules that would mandate the application of the Attachment D Pae 6 of 471 Page 162 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. laws of another jurisdiction. Extreme and You hereby consent to the exclusive jurisdiction of, and venue in, the State and Federal courts of the State of California. You waive any objections to the personal jurisdiction and venue of such courts. None of the 1980 United Nations Convention on the Limitation Period in the International Sale of Goods, the United Nations Convention on Contracts for the International Sale of Goods, or the Uniform Computer Information Transactions Act shall apply to this Agreement. 15. FREE AND OPEN SOURCE SOFTWARE. Portions of the Licensed Software provided to You may contain Open Source Software that is subject to a license that permits You to modify these portions and redistribute the modifications (an "Open Source License"). Your use, modification, and redistribution of the Open Source Software are governed by the terms and conditions of the applicable Open Source License. Some of the Open Source Software may be subject to: the GNU General Public License (GPL), the Lesser General Public License (LGPL), the Artistic License, the Mozilla Public License, Common Public License, the BSD License, the MIT License, the Apache License, the Creative Commons License, and/or other Open Source Licenses, copies of which are provided with the Licensed Materials or can be found on Extreme's website at h U:. s:.flwww.ext irernene�:woirl�s:,.c ii�n/sup �. irl:/ . �. lii�:aiies/�.. eu ....s�. a ir�:ae....:.�e�:alaira�ii�. a /. In p,,,,,, ,, p,,,,,,,,,,,,,,,,, p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, accordance with the terms of GPL and LGPL, you may request a copy of the relevant source code should GPL and/or LGPL terms apply to your Licensed Software. Additional details are available upon request to Extreme. This offer is valid for up to three years from the date of original distribution of the relevant Licensed Software. All Open Source Software is provided to You on an "AS IS” basis, and Extreme makes no representations or warranties for the use of this Open Source Software by You independent of any Extreme provided product, software, or services. Refer to the licenses and copyright notices listed in the relevant open source declaration for any specific license terms that apply to each Open Source Software component and warranty, if any, from the associated authors or licensors. Extreme specifically disclaims any warranties for defects caused by altering or modifying any Open Source Software or the products' recommended configuration. You have no warranty or indemnification claims against Extreme in the event that the Open Source Software infringes the intellectual property rights of a third party. Technical support, if any, will only be provided for the unmodified Extreme product as used within such product's recommended configuration. 16. GENERAL. (a) This Agreement is the entire agreement between Extreme and You with respect to the subject matter hereof, including without limitation the Licensed Materials, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. (b) This Agreement may not be changed or amended except in writing signed by both parties hereto. No purchase order shall supersede or amend any terms of this Agreement. (c) You represent that You have full right and/or authorization to enter into this Agreement. Attachment D Pae 7 of 471 Page 163 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. (d) This Agreement shall not be assignable by You without the express written consent of Extreme. The rights of Extreme and Your obligations under this Agreement shall inure to the benefit of Extreme's assignees, licensors, and licensees. (e) Section headings are for convenience only and shall not be considered in the interpretation of this Agreement. (fl The provisions of the Agreement are severable and if any one or more of the provisions hereof are judicially determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions of this Agreement shall nevertheless be binding on and enforceable by and between the parties hereto. (g) Extreme's waiver of any right shall not constitute waiver of that right in future. (n) Should You have any questions regarding this Agreement, You may contact Extreme at the address set forth below. Any notice or other communication to be sent to Extreme must be mailed by certified mail to the following address: Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 United States ATTN: Legal Department Attachment D Pae 8 of 471 Page 164 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 3 Extreme Networks Product Support and End of Life Policy Effective January 1, 2019 General Disclaimer. Although Extreme Networks has attempted to provide accurate information with this document, Extreme Networks assumes no responsibility for the accuracy of the information. Extreme Networks may change its release schedules, programs, product specifications, or definitions mentioned in the document at any time without notice. Any reference to non -Extreme Networks products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. San Jose, California 95119 Phone/ +1408.579.2800 Toll-free / +1 888.257.3000 www.extremenetworks.com ©2019 Extreme Networks, Inc. All rights reserved. Extreme Networks and the Extreme Networks logo are trademarks or registered trademarks of Extreme Networks, Inc. in the United States and/or other countries. All other names are the property of their respective owners. For additional information on Extreme Networks Trademarks, visit arks/. Specifications and product www.extremenetworks„,com �ompanY 1e„ga tradem „„„„„ „„„„„ availability are subject to change without notice. Attachment D Pae 9 of 471 Page 165 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Introduction This document provides Extreme Networks End of Life Policy for Software and Hardware products. WARRANTY: Extreme Networks offers firmware, operating system software, and application software products, with various warranties included in the software purchase price. Please refer to specific product literature for warranty details. SERVICES: Extreme Networks also offers various services at additional cost. Refer to the Services Solutions web page for details: f�iiir 4,ti4=ti4=ti. WcfllellC["="tiorI Only products which are covered by an appropriate warranty or a valid service contract are eligible for software updates or upgrades, and technical support, per the specific terms of the warranty or service contract. Product End of Life: Overview The Extreme Networks Product End of Life Overview is described in this document, which is intended to help customer plan and manage the End of Life process for Extreme products and assist the transition to alternative Extreme products and technology. The End of Life policy covers the period starting at the End of Sale Notification, and includes End of Sale (EOS), End of Software Maintenance (EOSM), and End of Services Life (EOSL). The End of Life Policy only applies to End of Sale announcements which are published on or after January 1, 2019. The Policy does not apply to product that is already subject to an End of Life and/or End of Sale announcement; for those products, the dates announced in the respective End of Sale Notifications will continue to apply. The general policy guidelines are defined below. Note that the exact End of Life schedule for a specific product will be defined in its End of Sale Notification, which may vary from the general guidelines below. The Support and End of Life Policy describes entitlements which are available for products which are covered by active support contracts. Customers will need to ensure that there is a current and fully paid support contract with Extreme. Please contact your Support Account Manager regarding fees payable during the end -of -life period to ensure access to entitlements described in the End of Life policy. For information regarding Extreme product warranties, please refer to Exhibit 1. End of Sale Notification Extreme will typically provide 6 months' notice of the affected product's End of Sale date. Attachment D Page 10 of 471 Page 166 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. This notice will be published to the Extreme Support website at fij.v�t1�11i11i f�f.vlN�i�it�if°� ii't�ill�:f.v�. Customers and Partners should check this site frequently to view any new Notifications, as well as any other information related to the End of Life process. The End of Sale Notification will define the End of Sale date, End of Software Maintenance date, and End of Services Life date for the products specified in the Notification. The dates defined in the End of Sale Notification will supersede the general policy guidelines defined in this document. End of Sale The product End of Sale (EOS) date is the last date that a product is available for sale through Extreme systems, while supplies last. Product availability is not guaranteed through the End of Sale date, and products will be provided while supplies last. End of Software Maintenance The End of Software Maintenance (EOSM) date is the last date that Extreme will release any maintenance or patch releases for a specific major software revision. During the Software Maintenance period, Extreme reserves the right to determine which defects will be fixed. Note that a software upgrade to a later release may be necessary to correct a reported problem. 1'he table below defines the End of Software Maintenance period atter End Software End of Software Maintenance (EOSM) (Note 1, Note 2 Applications 12 Months after End of Sale WING OS 24 Months after End of Sale Extreme Wireless OS 24 Months after End of Sale EXOS OS 24 Months after End of Sale BOSS/ERS OS 24 Months after End of Sale ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, VOSS/VSP OS 24 Months after End of Sale SLX, NOS, NI 36 Months after End of Sale of Sale. Note 1: End of Software Maintenance policy applies to products after their EOS date Note 2: Products with End of Sale announcements published prior to 1/1/2019 should refer to the published End of Sale Notification for EOSM and EOSL dates. After EOSM for a period of 12 additional months Extreme may provide security/PSIRT patches for critical issues at its sole discretion. Attachment D Page 11 of 471 Page 167 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. End of Services Life The End of Service Life (EOSL) date is the last date to receive service and support for the product. After this date, all support services for the product are unavailable, and the product becomes obsolete and software and other product related information will be removed from the Extreme support website. Access to Extreme's Global Technical Assistance Center (GTAC) will be available for a period of 5 years from the End of Sale date for hardware and embedded operating system software issues and for a period of 3 years from the End of Sale date for application software issues. Note that a software upgrade to a later release may be necessary to correct a reported problem. Access to Software releases will be available for a period of 5 years from the End of Sale date for embedded Operating System software, and for a period of 3 years from the End of Sale date for application software. Following the EOSL date, software may be removed from the Extreme support website. Spares or replacement parts for hardware will be available for a period of 5 years from the End of Sale date. Extreme will replace the failed unit with either a new or previously used product which is equivalent to new in performance and reliability. Extreme may replace the failed unit with a product which is, in Extreme's sole opinion, equivalent to an original product that has been discontinued or is otherwise not available. Additional Information Additional information, access to previously published End of Sale Notifications, and other Policy documents are available from Extreme Networks Support at �ff�l`Ili4ti4a4�'a r fi�C�irllrs[;�`wt�i� �IrGt�C�i `jrliJ��lt�iC�. Attachment D Page 12 of 471 Page 168 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 4 Terms of Support NOTICE TO ALL USERS: PLEASE READ THESE TERMS OF SUPPORT (THE "AGREEMENT") CAREFULLY. EXTREME RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THIS AGREEMENT AT ANY TIME WITHOUT FURTHER NOTICE BUT WILL POST THE REVISED AGREEMENT ON EXTREME'S WEBSITE. YOUR CONTINUED USE OF THE SERVICES AFTER ANY SUCH REVISIONS CONSTITUTES YOUR ACCEPTANCE OF THE NEW AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT OR ANY FUTURE REVISED AGREEMENT, DO NOT USE OR CONTINUE TO USE THE SERVICES. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THE EXTREME WEBSITE TO DETERMINE IF THERE HAVE BEEN ANY CHANGES TO THIS AGREEMENT AND TO REVIEW SUCH CHANGES. Extreme Networks, Inc. ("Extreme") agrees to provide the ExtremeWorks Support Program and related Support Plans to You pursuant to the following terms and conditions. If You do not accept these terms, do not purchase or use the ExtremeWorks Support Program or related Support Plans. Definitions. In addition to the terms defined elsewhere in this Agreement, the following terms have the following meanings: 1.1 "Authorized Resellers" means those companies (a) authorized by Extreme to resell, promote or deliver the ExtremeWorks Support Program to the marketplace, and (b) through which Company has purchased the ExtremeWorks Support Program. 1.2 "Customer" or You" means a purchaser of the Services who acquires such Services for ordinary business usage and not for purposes of further distribution or resale. 1.3 "Customer Documentation" means Product documentation, Product specifications and other related materials. 1.4 "Customer Personal Data" means all personal data (as defined in the Data Protection Law) which is processed by Extreme on Your behalf, or on behalf of an End User, in connection with the Services. 1.5 "Data Protection Law" means all applicable laws relating to data protection and privacy including (without limitation) the EU Data Protection Directive (95/46/EC) as implemented in each jurisdiction, the EU General Data Protection Regulation (2016/679), the EU Privacy and Electronic Communications Directive 2002/58/EC, Attachment D Page 13 of 471 Page 169 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. as implemented in each jurisdiction, and any amending or replacement legislation from time to time. 1.6 "Defect" means a failure of any Product to operate in accordance with Extreme's technical specifications as set forth in the End User Documentation. 1.7 "Intellectual Property Rights" means any and all current and future (i) rights associated with works of authorship; including but not limited to copyrights, moral rights, and mask -work rights; (ii) patent rights, rights of priority, and design rights; (iii) trade secret rights, (iv) trademark rights (including service mark rights) and trade dress rights; (v) all other intellectual and industrial property rights of every kind and nature which may exist anywhere in the world, whether registered or unregistered; and (vi) any and all applications and registrations, renewals, extensions, provisionals, continuations, continuations -in -part, divisions, reissues or reexaminations of any of the foregoing. 1.8 "Price List" means Extreme's suggested retail price list applicable to the delivery location in effect at the time of order acceptance by Extreme, which price list is subject to revision from time to time in Extreme's sole discretion. 1.9 "Products" mean Extreme commercial networking products as identified in the Price List, including (i) hardware products with embedded Software, (ii) Software Products in object code form, (iii) End User Documentation, and (iv) other materials related to the foregoing, if any, supplied to You and/or the Company in a commercial package. 1.10 "Releases" mean Updates and Upgrades, collectively. No Alpha or Beta or non- production versions shall be considered Releases. 1.11 "Services Environment" refers to the combination of hardware and software components owned, licensed or managed by Extreme to which Extreme may establish a data communication link between You and Extreme, and from which Extreme may access Your Products, as part of, and in order to, provide the Services You have ordered. You may be required to provide systems passwords so that problems may be diagnosed and, where possible, corrected remotely. 1.12 "Service Specification" means the Extreme document that sets forth the description of the Extreme service or solution -offering that You are purchasing. 1.13 "Services" mean the services provided by Extreme under the ExtremeWorks Support Program (or similar support arrangement), the Premier Services Program (PSP) Foundation Services, and Extreme Managed Services, or any other end user services provided Attachment D Page 14 of 471 Page 170 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. by Extreme under this Agreement in accordance with the applicable program guide, and as further described in the Service Specification. 1.14 "Software" or "Software Products" mean Extreme software products in object code form which are either sold separately or embedded into Extreme hardware products. Software Products are licensed to You and/or Company under the then -current software license terms for the Software Product in effect at the time of order acknowledgement by Extreme. 1.15 "Trademarks" mean "Extreme Networks" and the applicable Product trademarks as listed in Extreme's usage guidelines, subject to revision from time to time in Extreme's sole discretion. 1.16 "Update" means a new version of a Software Product that includes defect corrections, bug fixes and/or minor enhancements that operate within the framework of the specifications for the current Upgrade of the Software Product, but does not include substantive features or functions not performed by the prior Release of the Software Product. 1.17 "Upgrade" means a new version of a Software Product that includes substantive features or functions not performed by the prior Release of the Software Product. 1.18 "Your Content" means all text, files, images, graphics, illustrations, information, data (including Customer Personal Data as defined in this Agreement), audio, video, photographs and other content and material, in any format, provided by You or on behalf of any End User that reside in, or run on or through, the Service. 2. Services. The scope of the Services provided to Company hereunder is based on the support plan purchased by Company for each unit of the Product purchased. Service Descriptions of the available Extreme support plans, including Extreme's obligations and End User entitlements are set forth in Exhibit 7 (together, the "Support Plans"). Certain on-site Services may not be available in some geographic regions or may require a "phase-in" period before they can be made available to Company. Extreme shall have the right to use subcontractors to perform all or part of the Service(s), as it deems appropriate. To be eligible for the PSP Foundation Service, Company must have Extreme equipment with current maintenance support entitlements. Future Services are deemed added to this Agreement at such time as they are added to the Price List, unless otherwise specified by Extreme in writing. Extreme has the right to discontinue the distribution or availability of any Service at any time upon sixty (60) days' prior notice to Company by email, notification on Extreme's website, or any other method permitted under this Agreement. In accordance with the Support Plan purchased for the applicable Product, the Services may include the following: Attachment D Page 15 of 471 Page 171 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 2.1 Releases. Extreme or its authorized representatives will make available to Company all Releases made generally available by Extreme only for Products for which Company has an active contract for Services. The content of all Releases shall be decided upon by Extreme in its sole discretion. Updates for Products for which Company has an active contract for Services shall be provided to Company at no additional charge during the term of this Agreement. Extreme shall impose additional charges for Upgrades. Company shall install only one (1) copy of a Release for each Product under an active contract for Services, and Company is prohibited from installing Releases on any Product which is not covered under an active contract for Services. 2.2 Corrections. Extreme shall use commercially reasonable efforts to provide a correction or workaround for any reported and reproducible Defect in any Product for which Services have been purchased with a level of effort commensurate with the severity level; provided that Extreme shall have no obligation to correct all Defects in the Products. Company shall notify Extreme TAC of the nature and severity of such Defect and the specific serial number of the applicable Product, and provide Extreme with enough information to locate and reproduce the Defect. Extreme shall not be responsible for correcting any Defect not attributable to Products or any Defect listed under Section 3 ("Exclusions"). 3. Exclusions. The Services provided by Extreme hereunder will not include support and maintenance of any third -parry software or hardware not provided by Extreme. Extreme is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident, natural disasters, terrorism, negligence, or misuse of the Products (such as, without limitation, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or (v) certain components, including but not limited to the following: spare fan trays, blank panels, cables, cable kits, rack mount kits, brackets, antennas, GBICs and miniGBICs. Extreme shall only be obligated to support the then -current revision of the Products and the immediately prior revision. Support for any earlier versions or for other problems not covered under the Services may be obtained at Extreme's then -current rates for special technical services and on Extreme's then -current terms and conditions for such services, subject to acceptance by Extreme at its sole discretion. 4. Company Obligations. 4.1 Company Assistance. Company agrees to provide Extreme with reasonable access to the Products for which problems are reported and all back-ups and Company information services, technical personnel, facilities, and premises as required in connection with the performance of the Services. To efficiently resolve problems and Attachment D Page 16 of 471 Page 172 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. perform local hardware diagnostics, Company shall provide modem level access for all Company sites. Company may provide passwords and/or activate the modem when needed. Company shall be responsible for any and all cables, hardware or software not provided by Extreme. Company's failure to provide such access or information may delay the Services and/or result in Extreme's inability to perform the Services; in such cases, Extreme shall not be liable for any consequences relating to or resulting from such delay or failure to perform. 4.2 Contact People. Company shall appoint at least two (2) individuals who have been trained and are knowledgeable on Extreme products within Company's organization to serve as the primary contacts between Company and Extreme and to receive support as provided herein. Company shall provide and shall update as appropriate contact information for the primary contacts, including address, phone number and email address. All of Company's support inquiries shall be initiated through these primary contacts. 4.3 Restrictions on Copying and Reverse Engineering. As a material consideration for this Agreement, Company expressly agrees not to translate, disassemble, reverse compile or reverse engineer the Products, including the Software Products, in whole or in part, except to the extent such prohibition is restricted by applicable law. Company will not copy, modify, create derivative works, rent, lease, loan or use for timesharing or service bureau purposes any Products, including Software Products, in whole or in part without the prior written approval of Extreme, which approval may be withheld in Extreme's sole discretion. 4.4 No Removal of Markings. Company agrees to comply with all legends that appear on or in the Products and not to remove or destroy any patent, copyright, logo, trademark, trade name, proprietary marking, or confidentiality legend placed upon or contained within Products, containers or End User Documentation supplied by Extreme. 5. Ordering and Payment Terms. 5.1 Orders. 5.1.1 The terms and conditions of this Agreement will apply to any and all purchase orders submitted by Company and will supersede any different or additional terms on Company's purchase orders. 5.1.2 Each purchase order must be acknowledged and accepted by Extreme in writing prior to Extreme incurring any obligation under such purchase order. Extreme reserves the right to reject any order. Attachment D Page 17 of 471 Page 173 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 5.1.3 In countries where Services are available from Extreme, Company may purchase a Support Plan set forth on Extreme's then -current Price List by submitting an order for such Support Plan either at the time of the purchase of the Product to which it relates or at any time thereafter, subject to Section 5.2 ("Reinstatement and Inspection"), Section 6 ("Support for End of Life") and Extreme's acceptance of such order at its sole discretion. Company shall be responsible for any other travel and living expenses incurred in connection with the Services or on-site Service calls that are not expressly included in Company's applicable Support Plan. 5.1.4 Each order of one Support Plan is only valid for a single unit or units of the Product for which Service is purchased and paid for. All orders for Services must include the location where the Services will be provided, the Support Plan being purchased and the model number and serial number of the Product to be supported or such information must be provided to Extreme in writing promptly following the purchase of the Services. Extreme will not be obligated to provide Services for a Product unless Extreme has received such information. 5.1.5 All orders for Services placed with Extreme will be non -cancelable, and all support fees and training fees, if applicable, paid to Extreme shall be non- refundable. 5.2 Reinstatement and Inspection. If Services are not ordered concurrently with any Product orders or are not promptly renewed each year, Extreme may, at its option, commence such Services upon payment of the applicable support fee and a reinstatement fee. If a Product is purchased in used condition, Extreme may, at its option, inspect the Product and commence Services for such Product upon payment of the applicable support fee, a reinstatement fee and Extreme's inspection fee. 6. Support for End of Life. 6.1 Product End of Life. In the event Extreme discontinues or otherwise ceases to make available to its customers a particular Product model number, Extreme will continue to offer Services for such Product in accordance with its then -current End of Life Policy (attached as Exhibit 3). The Services shall remain in effect with respect to other Products, if any, then covered. 6.2 Support Plan End of Life. Extreme reserves the right to discontinue any Support Plan in its sole discretion upon sixty (60) days' notice, by email, notification on Extreme's website, or any other method permitted under this Agreement, to Company; however, Extreme will continue to provide services under such discontinued Support Plan through the end of any prepaid support period so long as You and/or the Company is not in breach of any of its obligations under this Agreement. Attachment D Page 18 of 471 Page 174 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 7. Records and Audit. Company agrees to maintain complete, clear and accurate records relating to its activities under this Agreement, including, without limitation, its inventory and sales of each Product and Service (including reseller and end user information) (the "Records"), and retain such Records for such time period as may be required by law and commercially reasonable prudent practices, but not less than two (2) years. Such Records will be maintained in accordance with standard business practices and Generally Accepted Accounting Principles. Company will permit Extreme, or persons designated by Extreme, at Extreme's cost, to audit the Records to ensure compliance by Company with its obligations to Extreme. Any such audit shall be conducted during regular business hours and in such a manner as to not unduly interfere with normal business activities of Company. If the audit reveals an underpayment of amounts owed to Extreme, Company will promptly pay any such shortfall, and if such underpayment is more than 5% for the audited period, Company will further pay, or reimburse Extreme for, the cost of the audit, including professional fees. 8. Return Process. If Company is returning a Product to Extreme, Company must first obtain a Return Material Authorization ("RMA") number from Extreme. Company must return the entire contents of the defective Product and dated End User proof of purchase for the defective Product, if requested by Extreme, marked with the RMA number, to a receiving point designated by Extreme. Shipping cartons that are not marked with RMA numbers will be rejected by Extreme and returned to Company via collect freight. Extreme will pay the transportation charges (excluding taxes, duties and customs) in accordance with the Support Plan purchased for such Product. Notwithstanding the foregoing, Company retains sole responsibility for risk of loss or damage to Products during shipment to and from Extreme. Products returned to Extreme may be repaired or replaced by Extreme at Extreme's sole discretion. Replacement Products may be new or refurbished Products. In the event that Extreme evaluates and determines there is "no trouble found" in greater than twenty-five percent (25%) of the Products or parts returned in a ninety (90) day period, Extreme reserves the right to charge Company a service charge of twenty percent (20%) of the List Price per unit. 9. Ownership of Intellectual Property Rights; License; Non -Disclosure. 9.1 Intellectual Property Rights. You and Company acknowledge that the Products are proprietary to Extreme and its suppliers, and that Extreme and its suppliers retain exclusive ownership of all Intellectual Property Rights in and to the Products, including in and to any Software Products and Trademarks. You and Company will take all reasonable measures to protect Extreme's Intellectual Property Rights in any Product. Except as expressly provided herein, Company is not granted any right to any Intellectual Property Rights with respect to any Product. Attachment D Page 19 of 471 Page 175 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 9.2 License. All Releases provided under the Services are licensed subject to the terms and conditions of the then -current Software license agreement for such Software Product in effect at the time the Release is provided. 9.3 Non -Disclosure. You and/or the Company may be exposed to certain confidential information of Extreme including but not limited to information concerning the business, technology, and customers of Extreme, which You and/or Company knows or should know is Extreme's confidential and proprietary information (herein "Confidential Information"). You and/or Company agrees that while this Agreement is in effect and for a period of three (3) years thereafter, You/it will not: (i) use the Confidential Information for any purpose other than to perform under this Agreement; or (ii) disclose to any third parry any Confidential Information without the prior written consent of Extreme. Company may disclose Confidential Information only to its employees or contractors on a need to know basis and as is reasonably necessary to allow the parry to perform under this Agreement; provided that each such employee or contractor is under a written obligation of nondisclosure which protects the Confidential Information under terms at least as stringent as these terms. This Section will not apply to Confidential Information after such information is made public by Extreme. If any Confidential Information is required to be disclosed by Company as a matter of law or by order of a court or other legal process, Company will promptly notify Extreme of such obligation to disclose and reasonably assist Extreme in obtaining a protective order or otherwise limiting such disclosure. 10. Warranty. All Updates provided hereunder are warranted for the remaining warranty period of the original Software Product, if any, as specified in the warranty card which shipped with the original Software Product. All Upgrades are warranted as set forth in the warranty card for such Upgrade. Replacement Products provided under the Services are warranted for the remaining warranty period of the original Product, if any, as specified in the warranty card which shipped with the original Product. Nothing in the Services shall be construed as expanding or adding to the warranty set forth on the warranty card. Extreme will use all reasonable commercial efforts to provide the support requested by You and/or Company under this Agreement in a professional and workmanlike manner. In the event that Extreme fails to meet this warranty, Extreme may reperform the Services, but Extreme cannot guarantee that every question or problem raised by You or the Company will be resolved. EXTREME WARRANTS THE SERVICES ONLY TO YOU AND/OR COMPANY PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. EXCEPT AS SET FORTH ABOVE, EXTREME MAKES, AND YOU AND/OR COMPANY RECEIVE, NO OTHER WARRANTIES OF ANY KIND. EXTREME EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS AND CONDITIONS, WHETHER EXPRESS, IMPLIED (in fact or by operation of law), STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, TERM OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, ABSENCE OF HIDDEN Attachment D Page 20 of 471 Page 176 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. DEFECTS, ANY WARRANTY OF NON -INFRINGEMENT, AND ANY WARRANTY, TERM OR CONDITION THAT MAY ARISE BY REASON OF USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR COURSE OF PERFORMANCE. 11. Term and Termination. 11.1 Services Term. The Services start date shall be determined as follows: (a) for the initial purchase of Service, the Service start date shall be the original shipment date of the covered Product from Extreme, and (b) for Service renewals, the Service start date shall be the date on which the prior Service period ended. Company shall be responsible for the Service Fees from such Service start date. The Service end date will be 12 months from the Service start date, unless otherwise specified in writing by Extreme. Unless Company or Extreme provides notice at least sixty (60) days prior to the end of the Support Plan term of its intent not to renew the Support Plan, the Support Plan term will automatically renew for one (1) year subject to payment being received by Extreme for such Support Plan. If Company fails to pay the annual Support Plan fees in accordance with Extreme's invoice, the applicable ExtremeWorks Support Plan will automatically terminate without notice. 11.2 Agreement Term. All Releases provided under the Services are licensed subject to the terms and conditions of the then -current Software license agreement for such Software Product in effect at the time the Release is provided. 11.3 Termination. This Agreement shall be terminated immediately upon the expiration of all prepaid support periods for the Support Plans purchased by You and/or Company. This Agreement may also be terminated by Extreme (i) for its convenience, upon sixty (60) days' prior written notice to the Company; provided, however, that Extreme will continue to provide Services during any prepaid support period so long as this Agreement was not terminated for Your or Company's breach, (ii) immediately upon written notice to Company, if Company breaches or violates any provision of Sections 4.3 ("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), and 9 ("Ownership of Intellectual Property Rights; License; Non -Disclosure"); (iii) immediately upon written notice to Company, if Company fails to perform or otherwise defaults in any of its obligations (other than those covered by Section 11.3(ii) above) under this Agreement and fails to cure such failure or default within thirty (30) days after written notice thereof, or (iv) , immediately upon written notice to the Company, if the Company is insolvent or makes any arrangement with its creditors generally, or has a receiver appointed for all or a substantial part of its business or properties, or an insolvency, bankruptcy or similar proceeding is brought by or against Company and involving Company as debtor, and if brought against Company is not dismissed within sixty (60) days from its institution, or if Company goes into liquidation or otherwise ceases to function as a going concern. Attachment D Page 21 of 471 Page 177 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 11.4 Effect of Termination. Upon the expiration or termination of this Agreement for whatever reason, You and/or Company shall no longer be entitled to receive Services from Extreme pursuant to this Agreement, all support fees and training fees paid prior to the effective date of termination shall be nonrefundable, and Extreme will no longer have any obligation to provide Services to You and/or Company for the Products pursuant to this Agreement. In addition, Extreme will be entitled to reject all or part of any orders received from Company after notice but prior to the effective date of termination. By thirty (30) days from the effective date of termination, Company will return or destroy all copies of the Confidential Information. At the request of Extreme, the president or the equivalent officer of Company will certify in writing that Company has complied with its obligations hereunder. 11.5 Survival of Terms. The following Sections will survive any expiration or termination of this Agreement for whatever reason: Sections 4.3 ("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), 6 ("Support for End of Life"), 7 ("Records and Audit"), 8 ("Return Process"), 9 ("Ownership of Intellectual Property Rights; License; Non -Disclosure"), , 11.4 ("Effect of Termination"), 11.5 ("Survival of Terms"), 12 ("No Consequential Damages"), 13 ("Limitation on Liability"), 14 ("Data Protection"). 12. No Consequential Damages. Except in case of bodily injury or death where, and then only to the extent that, applicable law requires such liability, UNDER NO CIRCUMSTANCES WILL EXTREME BE LIABLE FOR (i) ANY LOST PROFITS (even if they arise as a direct or immediate consequence of the event that generated the damages), OR (ii) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS, LOST REVENUE OR LOST SAVINGS, LOSS OF USE, LOSS OR DAMAGE TO DATA OR GOODS OR INTERRUPTION OF BUSINESS, IN EACH CASE HOWEVER CAUSED, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF EXTREME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED HEREIN. IN NO EVENT WILL EXTREME BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. 13. Limitation on Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, EXCEPT IN CASE OF BODILY INJURY OR DEATH WHERE, AND THEN ONLY TO THE EXTENT THAT, APPLICABLE LAW REQUIRES SUCH LIABILITY, EXTREME'S AGGREGATE LIABILITY FROM OR IN RELATION TO THIS AGREEMENT AND THE SERVICES, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL Attachment D Page 22 of 471 Page 178 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AMOUNT PAID BY COMPANY TO EXTREME FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE MOST RECENT FULL CALENDAR YEAR PRECEDING COMPANY'S INITIAL NOTICE OF ANY CLAIM OR POTENTIAL CLAIM HEREUNDER. THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE. 14. Data Protection. 14.1 Subject to Section 14.2, in performing the Services, Extreme will comply with industry standard privacy requirements as may further be defined within the Extreme Networks Privacy and Cookies Policy attached as Exhibit -5 and incorporated herein by reference. Extreme's Privacy and Cookies Policy is subject to change at Extreme's discretion; however, Extreme policy changes will not result in a material reduction in the level of protection provided for Customer Personal Data provided during the term Your order. 14.2 This Section 14.2 shall apply where Extreme's processing of personal data in connection with this Agreement is subject to Data Protection Law. In the event of a conflict between Section 14.1 and Section 14.2, this Section 14.2 shall apply. You have appointed Extreme to process Personal Data on Your behalf as is necessary to provide the Services and in accordance with such other written instructions as You may issue from time to time. The parties' respective obligations for the processing and control of Customer Personal Data are set out in Annex 1 — Processing of Customer Personal Data, attached as Exhibit 6 ,, which is incorporated herein by reference. 14.3 The Service Specifications applicable to Your order define the administrative, physical, technical and other safeguards applied to Your Content residing in the Services Environment, and describe other aspects of system management applicable to the Services. You are responsible for the introduction of any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Content and Your Applications, including any viruses, Trojan horses, worms or other programming routines contained in Your Content or Your Applications that could limit or harm the functionality of a computer or that could damage, intercept or expropriate data. 14.4 You may not provide Extreme access to health, payment card or similarly sensitive personal information that imposes specific data security obligations for the processing of such data unless explicitly agreed between the parties. If available, You may purchase Services from Extreme designed to address particular data protection requirements applicable to Your business or Your Content. Attachment D Page 23 of 471 Page 179 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15 Miscellaneous. 15.1 Notices. Any notices permitted or required under this Agreement will be in writing and will be deemed given when delivered in person, by overnight courier upon written verification of receipt, by confirmed facsimile, or by certified or registered mail, return receipt requested, five (5) days after deposit in the mail. Either parry may change its address by giving written notice of such change in the manner provided. Notices to Extreme shall be sent to: Extreme Networks, Inc., 6480 Via del Oro, San Jose, California 95119, Attention: Legal Department, Fax: (408) 579-3000. 15.2 Assignment. This Agreement may not be assigned by Company by operation of law or otherwise without the prior written approval of Extreme. Extreme's rights and obligations, in whole or in part, under this Agreement may be assigned or delegated by Extreme to any affiliated company or subsidiary or in connection with a merger, reorganization, consolidation or sale of all or substantially all of Extreme's assets. This Agreement shall bind and inure to the benefit of the parties and their successors and permitted assigns. 15.3 Waiver; Severability. The waiver by either parry of a breach of any provisions contained herein shall be in writing and shall in no way be construed as a waiver of any succeeding breach of such provision or the waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or applicable court decisions. 15.4 Injunctive Relief. It is expressly agreed that a violation of Sections 4.3 ("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), or 9 ("Ownership of Intellectual Property Rights; License; Non -Disclosure") of this Agreement could cause irreparable harm to Extreme and that a remedy at law could be inadequate. Therefore, in addition to any and all remedies available at law, Extreme will be entitled to seek injunctive relief or other equitable remedies in the event of any threatened or actual violation of any or all of the provisions hereof. 15.5 Controlling Law; Venue. This Agreement shall be governed in all respects exclusively by the laws of the State of California and the United States of America without regard to conflicts of law principles. The United Nations Convention on the International Sale of Goods is hereby expressly excluded from application to this Agreement. All disputes arising under this Agreement shall be brought in Superior Court of the State of California in Santa Clara County or the Federal District Court of San Jose, as permitted by law, and Company consents to personal jurisdiction in such courts. Attachment D Page 24 of 471 Page 180 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15.6 Timing of Disputes. All disagreements or controversies of any kind whether claimed in tort, contract or otherwise concerning this Agreement shall be brought within one (1) year after the occurrence of the event giving rise to the disagreement or controversy. 15.7 No Agency. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. 15.8 Export. Company acknowledges that it must comply with all applicable laws and regulations of the United States that may restrict the export, re-export, or transshipment of certain commodities and technical information, including the Products, the Services and technical information relating thereto, in any medium. Company will obtain and maintain all approvals and licenses, including export licenses, permits and authorizations, from the appropriate governmental authorities as may be required to enable Company to fulfill its obligations under this Agreement and shall comply with all applicable laws, rules, policies and procedures of the United States government. Company acknowledges that, unless prior written authorization is obtained from the relevant authorities in the United States, it will not export, re-export, or transship, directly or indirectly, any Products, Services or technical information relating thereto, in any medium, that would be in contravention to any applicable laws and regulations of the United States then in effect. Company shall indemnify and hold harmless Extreme for any violation or alleged violation by Company of such laws or regulations. Company's obligations pursuant to this Section shall survive and continue after any termination of rights under this Agreement. 15.9 Force Majeure. Neither party will have the right to claim damages if this Agreement is terminated as a result of the other party's failure or delay in performance due to circumstances beyond its reasonable control (except for obligations relating to fees payable under this Agreement), including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, components, raw materials or supplies, war, riot, insurrection, epidemic, natural disasters, governmental action or terrorism. 15.10 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes, and its terms govern, all prior and all contemporaneous proposals, negotiations, commitments, understandings, agreements or other communications between the parties, oral or written, regarding such subject matter, including any prior click through agreements. Attachment D Page 25 of 471 Page 181 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 5 Privacy and Cookies Policy This Privacy and Cookies Policy ("Policy") applies to the websites operated by Extreme Networks, Inc. ("we" or "us" or "our"), accessible via our global and regional websites and any mobile applications or other online and/or mobile applications or websites operated by us that are related to us (collectively, the "Website"). This Policy (together with our Terms of Sale and any other documents referred to in this Policy or those documents) sets out how we may or will use any personal information that you provide through our Website. Please read it carefully before you proceed. By visiting our Website, and/or using the services offered on or through our Website, you acknowledge you have read and understood the terms of this Policy (as amended from time to time). 1. INFORMATION WE MAY COLLECT FROM YOU 1.1 We may collect and process the following data about you: 1.1.1 Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, signing up for our newsletter, registering for a seminar or requesting further services. Such information may include, for example, your name, home and/or business address, email address, telephone number, demographic information such as age, and/or other information that may identify you as an individual. We may also ask you for information when you enter a competition or promotion sponsored by us, sign-up for email newsletters, and when you report a problem with our Website. You can choose not to provide us with some of this information, but doing so may affect your ability to use our Website and our services. 1.2 If you contact us, we may keep a record of that correspondence. 1. 1.3 We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. 1. 1.4 Subject to your expressed marketing preferences, to send you marketing information about goods and services that may be of interest to you by post, telephone, email or other means. You have the right to "opt in" and "opt out" of certain uses of your personal information for these purposes. 1. 1.5 Details of your visits to our Websites and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own purposes or otherwise. Attachment D Page 26 of 471 Page 182 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 1. 1.6 Information we may receive about you if you use any of the other websites we operate or the other services we provide. We work closely with third parties (including, for example, business partners, sub -contractors in technical, payment and delivery services, advertising networks, analytics providers, and search information providers) and we will notify you when we receive information about you from them and the purposes for which we intend to use that information. 2. HOW WE USE YOUR INFORMATION 2.1 We use information provided by you and/or held about you (including your personal information) in the following ways: 2. 1.1 To ensure that content from our Website is presented in the most effective manner for you and for your computer. 2.1.2 For any specific purpose for which it was provided or volunteered. 2.1.3 To perform analysis and research in relation to transactions, including analyzing our users' demographics, interests, browsing and viewing preferences. The legal basis for these purposes will typically be that the processing is necessary for our legitimate interests, including to ensure our products and services are properly provided, to promote our products and services, and to provide you with information on our products and services. 2.1.4 To carry out our obligations arising from any contracts or transactions entered or contemplated to be entered into between you and us, or to provide you with the Website and any services requested by you. 2.1.5 To notify you about changes to our service. The legal basis for these purposes will typically be that the processing is necessary to fulfil a contract that we have in place with you. 2.1.6 To develop, market, sell or provide products and services. 2.1.7 To send you information about our or our business partners' products or services. Sometimes, where you have shown interest in a particular product, our business partners may contact you directly. 2.1.8 To send you notices (for example, in the form of e-mails, SMS, mailings, and the like), and otherwise correspond with you, about products, services, companies and events, sponsored by us and others, that we think might interest you, where you have consented to be contacted for such purposes. Attachment D Page 27 of 471 Page 183 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. The legal basis for these purposes will typically be that we have your consent to our use of your personal information. 3. WHERE WE STORE YOUR INFORMATION 3.1 The data that we collect from you may be transferred to, stored at, or processed from a location outside the jurisdiction in which you reside. This means it may be transferred to countries that do not offer the same level of legal protection as exists in your country of residence. Whenever we transfer your information outside of your country of residence, we will take steps to ensure that adequate safeguards are in place to make sure it is treated securely and in accordance with this Policy. You may contact us for a copy of the safeguards that we have put in place. 4. SERVICE PROVIDERS 4.1 We may use third -parry partners, carefully selected by us, to help operate our Website and deliver our products and services, and may share your information with our service providers and other third parties that provide products or services for or through this Website or for our business (such as website or database hosting companies, address list hosting companies, e-mail service providers, research, analytics and customer experience and survey companies, distribution companies and resellers, fulfilment companies, marketing and promotional companies, and other similar service providers that use such information on our behalf). 4.2 We may disclose statistics regarding user behavior to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. 5. DISCLOSURE OF YOUR INFORMATION 5.1 We may disclose your personal information to any member of the Extreme Networks group, which means Extreme Networks, Inc. and our direct and indirect subsidiaries. 5.2 We may also use your personal information to maintain our internal record keeping and/or share it with our affiliates for internal marketing or other purposes. 5.3 We may disclose your personal information to third parties: 5.3.1 In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets. 5.3.2 If Extreme, or substantially all of our assets, are acquired by a third parry, in which case personal information held by us about our customers will be one of the transferred assets. 5.3.3 If we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our Terms of Sales and other agreements; or to Attachment D Page 28 of 471 Page 184 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. protect the rights, property, or safety of Extreme, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. 5.3.4 We may disclose user information to government authorities, and to other third parties, when compelled to do so by government authorities or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of our Website, or anyone else that could be harmed by such activities. Additionally, we cooperate with law enforcement inquiries and other third parties to enforce laws, intellectual property rights, and other rights. 6. RETENTION 6.1 Your personal information will be retained for as long as is reasonably necessary for the purposes listed above or as required by applicable local law. Please contact us for further details of applicable retention periods. 6.2 We may keep an anonymized form of your personal information, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so. 7. IP ADDRESSES AND COOKIES 7.1 We may collect information about your computer, mobile phone, personal electronic device, and all other similar electronic or mobile devices, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not show personal details that identify you. 7.2 For the same reason, we may obtain information about your general internet usage by using a cookie file that is stored on the hard drive of your computer. Cookies are small pieces of information (e.g., cookies, web beacons, pixels, gifs tags or other similar technologies) sent by a web server to a web browser that allow the web server to recognize the web browser. This operates as a piece of data stored on your browser or device, or may identify, compile, aggregate and/or collect information through other means. They help us to improve our Website and to deliver a better and more personalized service. They enable us: 7.2.1 To estimate our audience size and usage pattern. 7.2.2 To store information about your preferences, and so allow us to customize our Website according to your individual interests. 7.2.3 To speed up your searches. Attachment D Page 29 of 471 Page 185 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 7.2.4 To recognize you when you return to our Website. 7.3 You can control how your browser handles cookies received from our Website. You can choose to refuse all cookies, or to be prompted before a cookie is saved to your hard drive, or to only accept cookies from certain selected websites that you designate. Information on deleting or controlling cookies is available at www.AboutCookies.org. By refusing to accept cookies from us, you may not be able to use some of the features and functionality available on our Website. 8. ADVERTISING AND ONLINE TRACKING 8.1 We may allow third -party companies to serve ads and collect certain information when you visit the Website. These companies may use certain information (e.g. click stream information, web browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie or third -party clear gif/web beacon to collect this information. Our systems do not recognize browser "Do Not Track" signals, but several of our service providers who utilize these cookies or web beacons on our Website enable you to opt out of targeted advertising practices. To learn more about these advertising practices or to opt out of this type of advertising, you can visit www.networkadvertising.org or www.aboutads.info/choices. 9. YOUR RIGHTS 9.1 You may have the right to request access to, and rectification or erasure of, the personal information Extreme holds about you. You may also have the right to object to or restrict certain types of processing of your personal information and can request to receive a machine-readable copy of the personal information you have provided to Extreme. 9.2 Extreme will assess any request to exercise one of these rights on a case by case basis. There may be circumstances in which we are not legally required to comply with your request because of relevant legal exemptions provided for in data protection legislation. 9.3 Please note that by continuing to use our services or the Website, and by providing any personal information to us offline or via the Website or email addresses provided on the Website, you are consenting to our use of your personal information as set out in this Privacy and Cookies Policy. Please do not provide us any personal information if you do not want that information to be used by us in this manner. 10. CHANGES TO THIS POLICY 10.1 This Policy may be amended by us at any time. Please check this page periodically to inform yourself of any changes. It was last amended in May 2018. 11. HOW TO CONTACT US Attachment D Page 30 of 471 Page 186 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 11.1 If you have any questions, need further information about our privacy practices, or would like to let us know that your details require updating, please contact us at privacyinquiri esL& extremenetworks. com. 11.2 You may also have the right to complain to a data protection authority if you think we have processed your personal information in a manner that is unlawful or breaches your rights. If you have such concerns, we request that you initially contact us (at the email address provided above) so that we can investigate, and hopefully resolve, your concerns. LAST UPDATED: MAY 2018 Attachment D Page 31 of 471 Page 187 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 6 Annex 1 — Processing of Customer Personal Data 1. You warrant that You are the data controller in respect of the Personal Data, or that You are authorized by the data controller to issue instructions to Extreme under this Agreement in respect of such data. 2. You shall comply with Your obligations under the Data Protection Law in respect of the Personal Data (including Your provision to, or making it available for collection by, Extreme), and shall ensure that Your instructions to Extreme do not result in processing in breach of the Data Protection Law. The categories of Customer Personal Data to be processed by Extreme and the processing activities to be performed under this Annex are set out in the relevant Service Specifications. 3. Subject at all times to Your obligations under the Agreement, Extreme undertakes to: a) only process Customer Personal Data in accordance with Your documented instructions, unless required to do otherwise by applicable law. In which event, Extreme shall inform You of the legal requirement before processing Customer Personal Data other than in accordance with Your instructions, unless that same law prohibits Extreme from doing so on important grounds of public interest; b) implement appropriate technical and organizational measures to protect any Customer Personal Data processed by it against unauthorized and unlawful processing and against accidental loss, destruction, disclosure, damage or alteration; c) ensure those of Extreme's personnel who are involved in processing the Customer Personal Data are bound by appropriate obligations of confidentiality; d) inform the Customer promptly, and in any event within seven (7) days, if Extreme receives (i) a request from a data subject to have access to his/her Customer Personal Data; or (ii) a complaint or request relating to Your obligations under the Data Protection Law; e) taking into account the nature of the processing and the information available to You, provide You with reasonable assistance in ensuring compliance with Your obligations under the Data Protection Law in relation to security, data breach notification, data protection impact assessments, prior consultation, audits and inspections, where applicable from time to time; f) make available to You (or Your third parry appointees bound by appropriate obligations of confidentiality) such records as You may reasonably require to demonstrate compliance by Extreme with Your obligations; and g) within fourteen (14) days following termination of the Agreement, Extreme shall, at Your direction: (i) return all Customer Personal Data to You; or (ii) destroy all such Customer Personal Data unless prohibited from doing so by any applicable law. Attachment D Page 32 of 471 Page 188 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 4. Subject to any provisions of the Agreement to the contrary, Extreme shall not appoint any third parry to process the Customer Personal Data ("Subprocessor") other than: (a) with Your prior consent; and (b) by way of a written agreement with the Subprocessor which imposes equivalent obligations in relation to the security of the processing on the Subprocessor as are imposed on Extreme under this Annex. You warrant that You generally consent to Extreme appointing a Subprocessor, provided that Extreme informs You of any intended changes concerning the addition or replacement of other Subprocessors, and gives You an opportunity to object to such changes on reasonable grounds. 5. You hereby consent to the Customer Personal Data being processed anywhere in the world throughout the duration of this Agreement, subject to Extreme's continued compliance with this Section 5. However, to the extent that any Customer Personal Data to which the Data Protection Law of the European Economic Area (EEA) applies is processed outside the EEA, the terms of the transfer shall be governed by the EU Standard Contractual Clauses for the transfer of Customer Personal Data to processors attached as the Schedule to this Agreement, which are hereby incorporated into this Agreement and which shall prevail to the extent of any conflict with this Agreement. Schedule: Standard Contractual Clauses For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection Name of the data exporting organisation: ........................................................................ Address: ................................................................................................................... Tel.........................................fax....................................; e-mail: ......................................... Other information needed to identify the organisation (the data exporter) And Name of the data importing organisation: ........................................................................ Address: ......................................................................................................... ......... Tel . ........................................ : fax ....................................; e- mail: ....................................... - mail:....................................... Attachment D Page 33 of 471 Page 189 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Other information needed to identify the organisation: ............................................................................................. ............................................................................................. ............................................................................................. (the data importer) each a `parry'; together `the parties', HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1. Clause 1 Definitions For the purposes of the Clauses: (a) `personal data', `special categories of data', `process/processing', `controller', `processor', `data subject' and `supervisory authority' shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data-('!; (b) `the data exporter' means the controller who transfers the personal data; (c)`the data importer' means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country's system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC; (d)`the sub -processor' means any processor engaged by the data importer or by any other sub - processor of the data importer who agrees to receive from the data importer or from any other sub -processor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract; (e)`the applicable data protection law' means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established; (f) `technical and organizational security measures' means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, Attachment D Page 34 of 471 Page 190 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. Clause 2 Details of the transfer The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses. Clause 3 Third -party beneficiary clause 1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to 0), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third - parry beneficiary. 2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. 3. The data subject can enforce against the sub -processor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third -party liability of the sub -processor shall be limited to its own processing operations under the Clauses. 4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law. Clause 4 Obligations of the data exporter The data exporter agrees and warrants: (a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection Attachment D Page 35 of 471 Page 191 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State; (b) that it has instructed and throughout the duration of the personal data-processing services will instruct the data importer to process the personal data transferred only on the data exporter's behalf and in accordance with the applicable data protection law and the Clauses; (c) that the data importer will provide sufficient guarantees in respect of the technical and organizational security measures specified in Appendix 2 to this contract; (d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation; (e) that it will ensure compliance with the security measures; (f)that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC; (g) to forward any notification received from the data importer or any sub -processor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension; (h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for sub -processing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information; (i) that, in the event of sub -processing, the processing activity is carried out in accordance with Clause 11 by a subprocessor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and 0) that it will ensure compliance with Clause 4(a) to (i). Clause 5 Obligations of the data importer 0) The data importer agrees and warrants: (a)to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract; (b)that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the Attachment D Page 36 of 471 Page 192 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract; (c)that it has implemented the technical and organizational security measures specified in Appendix 2 before processing the personal data transferred; (d)that it will promptly notify the data exporter about: (i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation; (ii) any accidental or unauthorized access; and (iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorized to do so; (e)to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred; (f) at the request of the data exporter to submit its data-processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority; (g)to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub -processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter; (h)that, in the event of sub -processing, it has previously informed the data exporter and obtained its prior written consent; (i) that the processing services by the sub -processor will be carried out in accordance with Clause 11; 0) to send promptly a copy of any sub -processor agreement it concludes under the Clauses to the data exporter. Clause 6 Liability 1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any parry or sub -processor is entitled to receive compensation from the data exporter for the damage suffered. 2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his sub -processor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any Attachment D Page 37 of 471 Page 193 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a sub -processor of its obligations in order to avoid its own liabilities. 3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the sub -processor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the sub - processor agrees that the data subject may issue a claim against the data sub -processor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses. Clause 7 Mediation and jurisdiction 1. The data importer agrees that if the data subject invokes against it third -parry beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject: (a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority; ( b) to refer the dispute to the courts in the Member State in which the data exporter is established. 2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law. Clause 8 Cooperation with supervisory authorities 1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law. 2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any subprocessor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law. 3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any sub -processor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5(b). Clause 9 Attachment D Page 38 of 471 Page 194 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Governing law The Clauses shall be governed by the law of the Member State in which the data exporter is established, namely ... Clause 10 Variation of the contract The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause. Clause 11 Sub -processing 1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the sub -processor which imposes the same obligations on the sub -processor as are imposed on the data importer under the Clauses �31. Where the sub -processor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the sub -processor's obligations under such agreement. 2. The prior written contract between the data importer and the sub -processor shall also provide for a third -parry beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third -party liability of the sub -processor shall be limited to its own processing operations under the Clauses. 3. The provisions relating to data protection aspects for sub -processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established, namely ... 4. The data exporter shall keep a list of sub -processing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 50), which shall be updated at least once a year. The list shall be available to the data exporter's data protection supervisory authority. Clause 12 Obligation after the termination of personal data-processing services 1. The parties agree that on the termination of the provision of data-processing services, the data importer and the subprocessor shall, at the choice of the data exporter, return all the personal Attachment D Page 39 of 471 Page 195 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore. 2. The data importer and the sub -processor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data-processing facilities for an audit of the measures referred to in paragraph 1. On behalf of the data exporter: Name (written out in full): .......................................... Position: ............................................................... Address: ............................................................... Jther mtormation necessary in order for the contract to be bmdmg (it Signature ... ' t 10 e ° a � On behalf of the data importer: Name (written out in full): ......................................... Position: ............................................................... Address: ................................................................ Other information necessary in order for the contract to be bindinz (if ignature ... 'j Parties may reproduce definitions and meanings contained in Directive 95/46/EC within this Clause if they considered it better for the contract to stand alone. 21 Mandatory requirements of the national legislation applicable to the data importer which do not go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article 13(1) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard Attachment D Page 40 of 471 Page 196 of 943 r "" � e. ° t � b 0 ° ° 4 1 w+ ignature ... 'j Parties may reproduce definitions and meanings contained in Directive 95/46/EC within this Clause if they considered it better for the contract to stand alone. 21 Mandatory requirements of the national legislation applicable to the data importer which do not go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article 13(1) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard Attachment D Page 40 of 471 Page 196 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. national security, defense, public security, the prevention, investigation, detection and prosecution of criminal offences or of breaches of ethics for the regulated professions, an important economic or financial interest of the State or the protection of the data subject or the rights and freedoms of others, are not in contradiction with the standard contractual clauses. Some examples of such mandatory requirements which do not go beyond what is necessary in a democratic society are, inter alfa, internationally recognized sanctions, tax -reporting requirements or anti -money-laundering reporting requirements. LQ This requirement may be satisfied by the sub -processor co-signing the contract entered into between the data exporter and the data importer under this Decision. Appendix 1 to the Standard Contractual Clauses Data exporter The data exporter is the end customer for whom the data importer is providing the relevant services (whether the end customer acquires the services through a partner or directly from Extreme). Data importer The data importer is Extreme Networks, Inc. Data subjects The personal data transferred concern the following categories of data subjects: For ExtremeCloud, see http://bit.1y/2s7zadf For ExtremeLocation, see ham://bit.ly/2x5IwLd For ExtremeWorks, see http://bit.1y/2s7Hn1h For Managed Services, see ham://bit.1y/2ICaUWL Categories of data The personal data transferred concern the following categories of data: For ExtremeCloud, see http://bit.1y/2s7zadf For ExtremeLocation, see ham://bit.ly/2x5IwLd For ExtremeWorks, see http://bit.1y/2s7Hn1h For Managed Services, see ham://bit.1y/2ICaUWL Attachment D Page 41 of 471 Page 197 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Special categories of data (if appropriate) The personal data transferred concern the following special categories of data (please specify): N/A Processing operations The personal data transferred will be subject to the following basic processing activities (please specify): For ExtremeCloud, see http://bit.ly/2s7zadf For ExtremeLocation, see http://bit.1y/2x5IwLd For ExtremeWorks, see http://bit.ly/2s7Hnlh For Managed Services, see http://bit.1y/2IQaUWL Appendix 2 to the Standard Contractual Clauses General Controls & Governance Extreme Networks takes a comprehensive approach to Information Security, including data protection and SDLC. The tone is set from the top with an executive sponsored InfoSec Steering Committee whose responsibilities include policy oversight, incident response review, strategy alignment, and performance management. The governing body has representation from all key business functions. Access All access is controlled by a centrally -integrated UAM ecosystem driven by HR. All access is based on a "least privileged" basis down to the role level within applicable applications. Any access to a system, part of a system, or data is strictly controlled on a "needs only" basis in association with the person's role and responsibilities within the organization. All access control principles are detailed in our Information Security Policies and guidelines. These policies cover prohibited acts, such as copying, reading and access of any data that is not directly connected to the person's role. All access to systems, as stated previously, is controlled per role. Shared accounts are strictly prohibited. Application logging is used as applicable. Attachment D Page 42 of 471 Page 198 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Personnel Extreme endeavors to ensure that only the best talent is part of the Extreme family. As part of this mandate, we take reasonable steps to ensure that no person is appointed to a position unless that person: a) Is competent and qualified to perform the specific tasks assigned to them; b) Has been instructed in the requirements relevant to the performance of the obligations of their role, including the handling of personal data; and C) Has signed a non -disclosure or other confidentiality agreement that applies to not just to Extreme confidential information, but also to confidential information of Extreme's customers and other third parties that we receive in confidence. Physical Security All media destruction is governed by Extreme's digital disposal policy. This complements the data retention policy on when and for how long data should be retained within the organization. All core systems within the enterprise are covered by back-up solutions allowing for retrieval of accidentally deleted data. All locations are badge controlled with access only granted on a needs basis. Incident Management Extreme takes seriously any security incident that could impact Extreme assets, whether physical or virtual. In line with regulatory and contractual requirements, we focus in particular on data security and rapid assessment of whether any security incident could impact or has impacted confidential data, including personal data. All InfoSec team members undergo regular training on the latest tools and technologies. Data Protection Extreme policy mandates that all corporate data, including that of our customers and partners, must only be stored on corporate systems that are fully backed up and protected. All network and system events are tracked and monitored as part of our centralized InfoSecOp's management program. Full logging is in place as applicable to facilitate monitoring and investigations. The environment is protected from common threats using industry standard approaches including, but not limited to: • Web application firewalls • Intrusion detection and prevention systems • Infrastructure vulnerability scanning • Penetration testing • Web application vulnerability scanning Attachment D Page 43 of 471 Page 199 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 7 Service Descriptions ExtremeWorks" Maintenance Services Full access to around-the-clock, direct support for any network issue that comes your way. Your network is the backbone that supports the life of your business, and in the always -on, digitally driven business environment of today, there is no negotiating when it comes to staying connected. The network is now considered not only a required business function, but a generator of RCM. The hardware running in your network, especially within the core is critical to its functionality, and if you experience a failure, your maintenance agreement determines how quickly you'll be back up and running. Break -fix problems cannot be prevented entirely, but when they happen, they do not have to halt business operations. Your business deserves always available support to guarantee you can deliver services at the speed of business around-the-clock. ExtremeWorks Maintenance Services is a comprehensive break -fix organization that provides full access to support no matter the problem you are experiencing with the hardware you are running; from configuration assistance to failure. If you find that a product you are working with is faulty, your maintenance agreement entitles you to next -business day delivery of your replacement part. ExtremeWorks also ensures that you are able to download and install the latest, most advanced software for your network devices until the end of service life. At Extreme Networks, there are no boundaries for solving customer problems. In the event of the unexpected, we work together effectively with all departments to minimize disruption and maximize productivity. ExtremeWorks Maintenance Services ensures that your business has full access to network support around-the-clock, no matter what issues arise. Here's what you can expect: • Award-winning technical assistance available nonstop • Software updates and upgrades • Multiple time -based hardware replacement options • Web support • Complete ExtremeWorks knowledge base • Next Business Day (NBD) delivery for faulty product replacement Why You Need ExtremeWorks Maintenance Services Attachment D Page 44 of 471 Page 200 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. First Person Resolution With Extreme Networks, opening up a case won't send you on a multi -tiered hunt for technical answers, and you should never have to repeat the problem you are experiencing. ExtremeWorks provides constant forward movement on network issues. Better than 90% of cases are resolved with the first technical specialist who answers your call, eliminating the frustration of being transferred from representative to representative. Most Extreme Networks support centers sit beside the original builders of our products. In many cases, the builders and inventors of Extreme features and functions are within close proximity of the support organization, making it easy to gain an in-depth view of a potential issue with faster resolution. Proven Method for Skills -based Routing Extreme customer satisfaction is consistently measured between 92-95% globally, largely due to our proven method for skills -based routing. When you call support, we are going to connect you with an engineer who has expertise with the technology you are experiencing an issue in and can solve your problem fast. Full Visibility into Cases, Constant Contact with Key Stakeholders When it comes to support, we believe in total transparency. When you open a case, support receives that case in their queue as does your account representative. All key stakeholders you are in contact with are aware of your obstacles, keeping open communication across teams. Further, the minute you're connected with a support specialist, at their fingertips, they have the ability to review all of your open cases, giving them a holistic perspective of issues you may be Choose ExtremeWorks Maintenance Services to stay on top of your network and ensure problem resolution is achieved as quickly as possible. When you choose Extreme, you choose partnership, built on 100% in -sourced support engineering expertise to solve your most pressing networking challenges. If the unexpected strikes, a cross -functional Extreme Networks team will be there. Protect the core of your network with ExtremeWorks Maintenance Services. Attachment D Page 45 of 471 Page 201 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks' AHR Service J'0 Service Overview Extreme Networks Advanced Hardware Replacement Services offerings provide technical support, update and/ or upgrade support, and advanced parts replacement for Covered Products (as defined herein) according to particular levels of purchase. Upon diagnosis of a reported failure, service offerings cover the replacement part arrival within the response time specified for the service level purchased, subject to the conditions defined herein. Extreme service offerings further grant Customers telephone and web access to Extreme Networks Global Technical Assistance Center ("GTAC") 24 hours a day, 365 days a year (24x7) to report problems, ask product -related questions and receive assistance for Extreme Networks hardware and Operational Software. 2,0 Service I,evels ExtremeWorks Advanced Hardware Replacement Services are available with the following response times depending upon the offering purchased Service Order Code Service Levels FRU Response Time* ExtremeWorks NBD Next Business 97004 Advanced Day Hardware Replacement ExtremeWorks 4 Hour 97007 Advanced 24x7 ® 4 Hours Hardware Replacement *M�),onosk p)nd lwiiNoshoodng ��oqiihod Io udonffly flic 1'pIiflly Fokl Roc flp)co,)No TJ dl ("FRLJ") Io bo ��onflp)cod nuisl bo coniflolod �)�m Io ��oqiiosflng flic ��onflp)conionl FRLJ, Tho �.Os)Onso ImIc unm� vpd suuls pMll'mflic (--ATA(' v,)h(h)los flic ciislonio�`s ��oqiiosl aonfl,)conionl FRLJ p)nd p)ssugns p)n RMA nimibo, 3,0 Avaflal)flity ExtremeWorks Advanced Hardware Replacement Services, contracted for a defined period, are available globally from key business locations, subject to the conditions herein. Please refer to Appendix A for addition information on availability and restrictions by geography. Attachment D Page 46 of 471 Page 202 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 4,0 Deliveralfles, a web account and are only available for Covered Each ExtremeWorks Advanced Hardware Product that is registered and subject to Extreme's Replacement Service offer includes the following 0 GTAC Technical Support — 24x7 telephone support that provides technical assistance with diagnosis of defect or failures in the Extreme Networks hardware and Operational Software to conform to published documentation on Covered Products. 0 Escalation Management — The GTAC is the escalation point for the customer for raising unsatisfactory conditions or immediate concerns associated with the service quality on Covered Products. Please see Appendix B for additional detail. 0 Advanced Shipment — Extreme Networks provides for the advanced shipment of FRUs to the customer's contracted sites within the contract response time on Covered Products. A request for a replacement FRU is validated by GTAC and a Return Material Authorization (RMA) number is assigned. Extreme Networks will pick, pack and dispatch the replacement FRU using a commercial delivery service to make the delivery to the customer's contracted site. The replacement FRU will be delivered within the contracted response time, subject to the regional restrictions, response times, and diagnostic requirements identified in Appendix A. Operational Software Updates and Upgrades — Customer is entitled to receive any Operational Software or Operational Software upgrades that Extreme Networks may develop and generally release on Covered Products. Operational Software is defined as embedded software that is required to operate an Extreme Networks network device and is offered for sale as an inclusive component of such hardware network device product as described in Extreme standard published product documentation and support/ maintenance entitlements. Use of Operational Software updates and upgrades shall be subject to the ExtremeWorks Support Program Terms and Conditions, in addition to your applicable product license agreement and purchasing terms and conditions. NOTL- Siif)n)on fu�A))hcp)Jon Sof w,puo f)wdllcts., unchidng siibsc6)Jon Io anchido onddonictil Io nu)jm ,)nd ndnm ��oVo,)sos offfic An)n)hcp)Jon Sof wpuo n)wdiicts., puo enol fnchidod wWi dic BnonioWods Adv,)ncod I hudwo Roc flp)conionl So��6cos, Siibsc��uf)Jon p)nd sii)n)on fuA))hc,)Jon Softwpuo nuisl bo mdood so),�)n�)Iofy vu,) Bnonio\Vod�s Softw�uo Siibsc��)Jon so�6cos offonngs p)s fiudio�n)iibhshod fu�� un p)ccm(hmco wWi Bnonio Nolwo�Is' dion ciuonl P6co Lkl (ciuuondy cp)Iogo6zod p)s mdocoda 9700 0 Access to Extreme Networks' Customer Support Website — which may include, but is not limited to (i) status review of known hardware and software problems (ii) access to technical documentation (iii) ability to log a case (iv) status view of outstanding RMAs. 5,0 Flxtrenie Networks lZesponsil)flities Extreme Networks is responsible for: 0 Assisting with fault diagnosis required to identify the FRU to be replaced and to occur prior to assignment of the RMA number. 0 Assigning an RMA number to each FRU to be replaced and notifying the customer of the relevant Networks' published price list applicable to such 0 Shipping an replacement FRU on an advance hardware product ( "Covered Product"). Operational exchange basis to the customer's location per the Software updates and upgrades may be obtained applicable availability and restrictions in Appendix A. through Extreme Networks' Website after establishing Attachment D Page 47 of 471 Page 203 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme Networks will measure and categorize current list price. Failure to return defective parts in a by the customer based on the impact on the network ;w,nd in zccord;wuce with the cl;wssific;wtion definitions contained in Appendix B. If it is not clear which priority level applies, then the priority level assigned by the customer will be used. However, if a problem clearly belongs in a given priority level, then that level will be used. Case severity and level assignment will be determined in Extreme's sole discretion. 0 If Extreme Networks diagnoses that a reported problem is due to non-conformance to published specifications of a supported Operational Software version, then Extreme Networks will provide any Operational Software fix for the reported non-conformance available at the time the problem is reported, provided that customer is running on a version of Operational Software that is currently supported, as identified in the Extreme Networks Product End of Life Policy. 6,0 ().,�stonier lZesponsil)flities The Customer is responsible for: 0 Advising Extreme Networks, in writing, of any change of location for Covered Products to ensure proper dispatch and delivery. Ensuring that all covered hardware is operational and up to the currently supported revision level before this service plan goes into effect. Failure to do so will exclude that hardware from coverage. 0 Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Returning the defective FRU to an authorized timely manner may result in the suspension of future advance hardware replacement service delivery from Extreme Networks. 0 Providing, at Customer's expense, reasonable access to the Product through the Internet or via modem to establish a data communication link between Customer and the Extreme Networks GTAC engineer. In addition, customer must provide systems' passwords so that problems may be diagnosed and, where possible, corrected remotely. 0 Using all reasonable efforts to maintain software products major releases installed at sites at the most current release level. 0 Using the versions of Operational Software currently supported by Extreme Networks. If the Operational Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. Support for Application Software must be purchased separately under Software Subscription as defined in Extreme's then -current Price List, if available. TO AsstniptiotlS The following assumptions govern the delivery of ExtremeWorks Advance Hardware Replacement Service: 0 Extreme Networks will make commercially reasonable efforts to ship, at its expense, a replaceable hardware FRU to arrive at the customer's designated location within the specified time frame and based on the parameters indicated in Appendix A. In certain Extreme Networks repair facility. In the event that geographies, the customer may be responsible for the you fail to return the defective FRU within ten (10) cost of importing replacement product, including business days of receipt of the replacement FRU, customs and duty fees. Please consult with Extreme Extreme Networks reserves the right to invoice you Networks or your authorized Extreme Networks for such product or product component based on the Attachment D Page 48 of 471 Page 204 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Services Partner to learn whether your location is included. 0 For the purpose of providing support services, Extreme Networks will have the right at any time to audit a contracted site through software, remote polling or other reasonable means to verify the site's in-service inventory against the contracted equipment, to conform to the customer's network size and/or to verify the software eligibility status, except as otherwise may be prohibited by applicable law. 0 FRU delivery is subject to the hours of coverage and response times as identified in Appendix A. 0 If the customer's Operational Software is a version that is not currently supported, and the non- conformance is corrected in a supported version, then the customer will be advised to upgrade to obtain assistance. Extreme Networks will not incorporate software fixes or corrections into versions of Operational Software other than those currently supported in accordance with Extreme Networks' Product 0 End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or warrant that all nonconformance of the Operational Software can be corrected. 0 Operational Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the Covered Product that is registered. Use of Operational Software upgrades shall be subject to the terms and conditions of said software. 0 Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's performance of support and services are as posted here. In the event of any conflict between the language in this Service Description Document and Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. 0 Unless required for operational reasons and elsewhere agreed between the customer and Extreme Networks, the replacement FRU will be at the then - current minimum hardware, software and software release levels as published by Extreme Networks. 0 When the hardware or software is part of the same system, it must carry consistent service level coverage. This includes the chassis, modules, circuit packs, software and all other supportable components within the system configuration. 8,0 Flxch,usions The following are completely out of the scope of ExtremeWorks Advance Hardware Replacement Services entitlements and are not included herein. Professional Services offerings may be available for purchase and Extreme reserves the right to charge for any costs incurred with performance of services affected by any of the following factors below. 0 Extreme Networks is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident, natural disasters, terrorism, negligence, or misuse of the Products (such as, without limitation, fire, flood, water, wind, lightening or other acts of God, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or (v) certain components, including but not limited to the following: spare fan trays, blank panels, cables, cable kits, rack mount kits, brackets, antennas and consumable items. Extreme Networks shall only be obligated to support the then -current revision of the Products and the Attachment D Page 49 of 471 Page 205 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc immediately prior revision. Support for any earlier 0 This service offering and any subsequent versions or for other problems not covered under the service renewals are subject to the terms and Services may be obtained at then -current rates for conditions of Extreme Networks Product End of Life special technical services and on Extreme Networks and Support Plan End of Life policy. then -current terms and conditions for such services, 0 New releases and upgrades for Application subject to acceptance by Extreme Networks. Software, or software releases, updates or upgrades 0 Extreme Networks will have no liability or otherwise outof-scope as defined herein. obligations for failure of the products to conform to published specifications resulting from the combination of the products with any third -party hardware or software not authorized in Extreme Networks published documentation or when caused by customer's inability to use the products if the products are operating substantially in accordance with published specifications. 0 Service availability is subject to geographical limitations, as advised by Extreme Networks upon request. Extreme Networks will have no obligation to meet the response times outlined in the Appendix A if the customer's site is outside of the geographical zone of service availability. If the customer purchases this service for locations outside Extreme Networks advised geographical limitations, Extreme Networks will be required only to use commercially reasonable efforts to replace FRUs as soon as practical after receipt of a request from the customer. 0 Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 0 Labor charges for reinstalling the customer's system Operational Software (operational or application) or end user configuration software, other than what is provided in the customer's backup copy, are not included within the scope of this service. This is a separately charged and scheduled activity. 0 This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 Unless elsewhere agreed in writing between the customer and Extreme Networks in a separate contract, this service does not include root -cause analysis, the provision of fault reports or lead-time/ performance metrics. Attachment D Page 50 of 471 Page 206 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A ExtremeWorks Advance Hardware lzepjacerrent Services Deliveralfles, Extreme Networks will make commercially reasonable efforts, at its expense (excluding any and all duties, taxes or government imposed fees if applicable) to see that the replacement hardware FRU arrives at the customer's designated location within the specified time period based upon the system's Response Service Level following completion of diagnostics and the assignment of an RMA Number. Extreme Networks will have no obligation to meet the response times outlined in the appropriate ExtremeWorks Service Description if the customer's site is outside the geographical zone of service availability. Extreme Networks is not responsible for any delays related to import/export or customs regulations or processes, or uncontrollable transportation issues including inability of the customer to allow the actual delivery of services. Delivery targets for RMA's including but not limited to oversized/heavy weight items may fall outside the posted SLA. A current list of Extreme authorized servicing depots that correspond to the defined ExtremeWorks services offerings, including expected delivery response, is defined below. Next Business Day Where Next Business Day Advanced Hardware Replacement Services is available, Extreme Networks must process the RMA relating to the defective product per the Advanced Exchange RMA Times section of the Extreme Networks Service Availability Matrix, Monday through Friday, in order to deliver the replacement product to your site, by the end of day of the Next Business Day. Otherwise Second Business Day delivery will be provided for RMA's approved after the time indicated. Next Business Day delivery is generally available in these geographical locations: • North America: United State and Canada • EMEA: Most European Union Countries, Switzerland and South Africa • LATAM: Argentina, Brazil, Columbia, Mexico • APJC: Australia, China, India, Japan, Philippines MOOT- No)so chocic ffio Lxnonio Nolwml�s Soa6co Av)u�p)Nhly M,p)16x fu�oc,)Jons nu)y bo oxchidod, Where Next Business Day delivery of the part is not available, Advanced Hardware Replacement will ship on the same business day provided Extreme Networks processed the RMA relating to the defective product per the Advanced Exchange RMA Times section of the Extreme Networks Service Availability Matrix, Monday Attachment D Page 51 of 471 Page 207 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. through Friday in order to ship the replacement product to your site, otherwise Next Business Day shipment will be provided for RMA's processed after the time indicated. Estimated delivery times to country are available via the Extreme Networks IYIL]X. 4 Hour 4 Hour Advanced Hardware Replacement Service is only available to you within one hundred (100) miles (160 kilometers) of an Extreme Networks parts depot. All 4 Hour support contracts require customer site location pre approval from Extreme Networks before Extreme Networks will accept a purchase order for the applicable 4 Hour support plan. Email IV, sfor confirmation of service delivery availability. Extreme Networks provides parts at customer's designated location provided that Extreme Networks has validated a Hardware failure and a Return Material Authorization (RMA) number has been assigned. Four -Hour Advanced Hardware Replacement response is available twenty-four (24) hours per day, seven (7) days per week, including Extreme Networks observed holidays. Please work with your regional service sales manager to determine coverage. Appendix B Case Severity and Escalation Guidelines Extreme Networks will measure and categorize the case priority level of hardware/software problems reported by the customer based on the impact on the network and in accordance with the classification in the table below. If it is not clear which case priority level applies, then the case priority level assigned by the customer will initially be used. However, if a problem clearly belongs in a given case priority level as defined below, then that level will be used. Notwithstanding the foregoing, case severity and level assignment will be determined in Extreme's sole discretion. Attachment D Page 52 of 471 Page 208 of 943 Restore time Update Case Priority Response Time (Software fix or Frequency workaround) Attachment D Page 52 of 471 Page 208 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. C1: Customer's network segment or Cl — Critical C2 — High Priority C3 — Medium Priority management application is down or Immediate Immediate Immediate experiencing a consistent, measurable 15 minutes 4 hours Up to 4 hours performance impact with no Immediate 48 hours 10 days immediate resolution available 2 hours 72 hours 20 days C2: Customer's network is experiencing 4 hours None None intermittent failure or degradation of network or I hour I day Daily management application. C3: Customer has issues that do not affect normal network or management application operation 8 hours 10 days 5 days and/or questions concerning product function or use. C4: Submission of a product enhancement /new Immediate N/A N/A feature request Acknowledgment If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty Additional information on GTAC processes and procedures can be found at the Services tab from the Extreme. Networks home page. stq)pon, 1,ik, Cycle Coninnulicatiotl Matrix Notification Levels Cl — Critical C2 — High Priority C3 — Medium Priority Support Engineer Immediate Immediate Immediate GTAC Manager Immediate Immediate 10 days Director, Global Technical Services Immediate 48 hours 10 days Vice President, Global Technical Services 2 hours 72 hours 20 days Executive Management (CTO/EVP Eng) 4 hours None None Attachment D Page 53 of 471 Page 209 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks('Return and Replace Service J'0 Service Overview Extreme Networks Return and Replace Service offering provides technical support, update and/or upgrade support, and return -to- factory parts replacement for Covered Products (as defined herein) Upon diagnosis of a reported failure, the service offering covers the replacement part within the response time specified, subject to the conditions defined herein. Extreme service offerings further grant Customers telephone and web access to Extreme Networks Global Technical Assistance Center ("GTAC") 24 hours a day, 365 days a year (24x7) to report problems, ask product -related questions and receive assistance for Extreme Networks hardware and Operational Software. 2,0 Service gvels ExtremeWorks Return and Replace Service is available with the following response times: Service Order Service Levels Response Code Time* ExtremeWorks 10 business 97001 Parts Return day from and Replace receipt M�),onosk p)nd lwiiNoshoodng ��oqiih�od Io udonffly flic 1'pIiflly Fokl Ronflp)co,)No Lhdl ("FRLJ") Io bo ��onflp)cod nuisl bo coni�flolod n)�m Io ��oqiiosflng flic ��onflp)conionl FRLJ, Tho �.os)onso Jnio suuls ,ffm��oc6)I ofdofocfivo indl by Lxu:onio Notwods, 3,0 Availability ExtremeWorks Return and Replace Service, contracted for a defined period, are available globally from key business locations, subject to the conditions herein. Please refer to Appendix A for addition information on availability and restrictions by geography. 4,0 Deliverables, ExtremeWorks Return and Replace Service offering includes the following: 0 GTAC Technical Support —24x7 telephone support that provides technical assistance with diagnosis of defect or failures in the Extreme Networks hardware and Operational Software to conform to published documentation on Covered Products. 0 Escalation Management — The GTAC is the escalation point for the customer for raising unsatisfactory conditions or immediate concerns associated with the service quality on Covered Products. Please see Appendix B for additional detail. 0 Return and Replace Service — provides customers the opportunity to return their defective part to Extreme Networks. A request for a replacement FRU is validated by GTAC and a Return Material Authorization (RMA) number is assigned. Within ten (10) business days of receipt of such defective product, Extreme Networks will ship a like or equivalent part back to the customer. Attachment D Page 54 of 471 Page 210 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 0 Operational Software Updates and Upgrades — Customer is entitled to receive any Operational Software or Operational Software upgrades that Extreme Networks may develop and generally release on Covered Products. Operational Software is defined as embedded software that is required to operate an Extreme Networks network device and is offered for sale as an inclusive component of such hardware network device product as described in Extreme Networks' published price list applicable to such hardware product ("Covered Product"). Operational Software updates and upgrades may be obtained through Extreme Networks' Website after establishing a web account and are only available for Covered Product that is registered and subject to Extreme's standard published product documentation and support/maintenance entitlements. Use of Operational Software updates and upgrades shall be subject to the ExtremeWorks Support Program Terms and Conditions, in addition to your applicable product license agreement and purchasing terms and conditions. NOTE: Support for Application Software products, including subscription to include entitlement to major and minor releases of the Application Software products, if available, are not included with the ExtremeWorks Return and Replace Service. Subscription and support for Application ExtremeWorks Return and Replace Service - SDD 2 Software must be ordered separately via ExtremeWorks Software Subscription services offerings as further published for availability in accordance with Extreme Networks' then -current Price List (currently categorized as order code 97003). 5,0 Flxtrenie Networks lZesponsil)flities Extreme Networks is responsible for: 0 Assisting with fault diagnosis required to identify the FRU to be replaced and to occur prior to assignment of the RMA number. 0 Assigning an RMA number to each FRU to be replaced and notifying the customer of the relevant RMA numbers. 0 Extreme Networks will measure and categorize the case priority level of software problems reported by the customer based on the impact on the network and in accordance with the classification definitions contained in Appendix B. If it is not clear which priority level applies, then the priority level assigned by the customer will be used. However, if a problem clearly belongs in a given priority level, then that level will be used. Case severity and level assignment will be determined in Extreme's sole discretion. 0 If Extreme Networks diagnoses that a reported problem is due to non-conformance to published specifications of a supported Operational Software version, then Extreme Networks will provide any Operational Software fix for the reported non-conformance available at the time the problem is reported, provided that customer is running on a version of Operational Software that is currently supported, as identified in the Extreme Networks Product End of Life Policy. Shipping a repaired or replacement FRU (feature, function and fit compatible) within 10 business days of receipt of the defective FRU at an Extreme Networks facility if the purchased service is Return and Replace. Return shipment of repaired or replaced FRU to the customer's designated location will be included with this SDD. Attachment D Page 55 of 471 Page 211 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 6,0 ()., stonier lZesponsil)flities The Customer is responsible for: 0 Advising Extreme Networks, in writing, of any change of location for Covered Products to ensure proper dispatch and delivery. 0 Ensuring that all covered hardware is operational and up to the currently supported revision level before this service plan goes into effect. Failure to do so will exclude that hardware from coverage. 0 Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Providing, at Customer's expense, reasonable access to the Product through the Internet or via modem to establish a data communication link between Customer and the Extreme Networks GTAC engineer. In addition, customer must provide systems' passwords so that problems may be diagnosed and, where possible, corrected remotely. 0 Requesting technical assistance from Extreme Networks in diagnosing a fault prior to requesting parts replacement. 0 Using all reasonable efforts to maintain Operational Software products major releases installed at sites at the most current release level. 0 Using the versions of Operational Software currently supported by Extreme Networks. If the Operational Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. Support for Application Software must be purchased separately under Software Subscription as defined in Extreme's then -current Price List, if available. TO AsstniptiotlS The following assumptions govern the delivery of ExtremeWorks Return and Replace service: 0 Acknowledging that the customer's right to use the Operational Software releases is subject to the software licensing terms of the applicable purchas ing/li c en sing agreement under which the customer purchased/ licensed its products from Extreme Networks, and any associated terms and conditions contained therein. 0 Extreme Networks will make commercially reasonable efforts to ship, at its expense, a replaceable hardware FRU to arrive at the customer's designated location within the specified time frame and based on the parameters indicated in Appendix A. In certain geographies, the customer may be responsible for the cost of importing replacement product, including customs and duty fees. Please consult with Extreme Networks or your authorized Extreme Networks Services Partner to learn whether your location is included. For the purpose of providing support services, Extreme Networks will have the right at any time to audit a contracted site through software, remote polling or other reasonable means to verify the site's in-service inventory against the contracted equipment, to conform to the customer's network size and/or to verify the software eligibility status, except as otherwise may be prohibited by applicable law. If the customer's Operational Software is a version that is not currently supported, and the non- conformance is corrected in a supported version, then the customer will be advised to upgrade to obtain assistance. Extreme Networks will not incorporate software fixes or corrections into versions of Operational Software other than those currently supported in accordance with Extreme Networks' Product End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or warrant that all nonconformance of the Operational Software can be corrected. Attachment D Page 56 of 471 Page 212 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 0 Parts Repair and FRU delivery is subject to the hours of coverage and response times as identified in Appendix A. 0 Operational Software products major releases and upgrades are provided for distribution only to the customer for use on or with the Extreme Networks supplied products on which they operate, in accordance with the Extreme Networks published specifications. 0 Operational Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the Covered Product that is registered. Use of Operational Software upgrades shall be subject to the terms and conditions of said software. 0 Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's performance of support and services are in included as Exhibit 4as posted here. In the event of any conflict between the language in this Service Description Document and Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. 0 Unless required for operational reasons and elsewhere agreed between the customer and Extreme Networks, the replacement FRU will be at the then - current minimum hardware, software and software release levels as published by Extreme Networks. 0 When the hardware or software is part of the same system, it must carry consistent service level coverage. This includes the chassis, modules, circuit packs, software and all other supportable components within the system configuration. 8,0 FAchisions, The following are completely out of the scope of ExtremeWorks Return and Replace Service entitlements and are not included herein. Professional Services offerings may be available for purchase and Extreme reserves the right to change for any costs incurred with performance of services affected by any of the following factors below. 0 Extreme Networks is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident, natural disasters, terrorism, negligence, or misuse of the Products (such as, without limitation, fire, flood, water, wind, lightening or other acts of God, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or (v) certain components, including but not limited to the following: spare fan trays, blank panels, cables, cable kits, rack mount kits, brackets, antennas and consumable items. 0 Extreme Networks shall only be obligated to support the then -current revision of the Products and the immediately prior revision. Support for any earlier versions or for other problems not covered under the Services may be obtained at then -current rates for special technical services and on Extreme Networks then -current terms and conditions for such services, subject to acceptance by Extreme Networks. 0 Extreme Networks will have no liability or obligations for failure of the products to conform to published specifications resulting from the combination of the products with any third -party hardware or software not authorized in Extreme Networks published documentation or when caused by customer's inability to use the products if the products are operating substantially in accordance with published specifications. 0 Service availability is subject to geographical limitations, as advised by Extreme Networks upon request. Extreme Networks will have no obligation to meet the response times outlined in the Appendix A if the customer's site is outside of the geographical zone of service availability. If the customer purchases Attachment D Page 57 of 471 Page 213 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. this service for locations outside Extreme Networks Appendix A ll ear rti and lZeplace Deliveralfles, advised geographical limitations, Extreme Networks Extreme Networks will make commercially will be required only to use commercially reasonable reasonable efforts, at its expense (excluding any and efforts to replace FRUs as soon as practical after receipt of a defective product from the customer. 0 Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 0 Labor charges for reinstalling the customer's system Operational Software (operational or application) or enduser configuration software, other than what is provided in the customer's backup copy, are not included within the scope of this service. This is a separately charged and scheduled activity. This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 This service offering and any subsequent service renewals are subject to the terms and conditions of Extreme Networks Product End of Life and Support Plan End of Life policies. New releases and upgrades for Application Software, or software releases, updates or upgrades otherwise out -of -scope as defined herein. 0 Unless elsewhere agreed in writing between the customer and Extreme Networks in a separate contract, this service does not include root -cause analysis, the provision of fault reports or lead- time/performance metrics. all duties, taxes or government imposed fees if applicable) to see that the replacement hardware FRU arrives at the customer's designated location within the specified time period based upon the system's Response Service Level following completion of diagnostics and the assignment of an RMA Number. Extreme Networks will have no obligation to meet the response times outlined in the appropriate ExtremeWorks Service Description if the customer's site is outside the geographical zone of service availability. Extreme Networks is not responsible for any delays related to import/export or customs regulations or processes, or uncontrollable transportation issues including inability of the customer to allow the actual delivery. A current list of Extreme authorized servicing depots that correspond to the defined ExtremeWorks services offerings, including expected delivery response, defined herein is available on Extreme Networks MIM For Products covered with Return and Replace level of service, the customer pays for the return freight of the product to Extreme Networks, including any applicable taxes, duties and custom fees. Extreme Networks pays the freight of the unit shipped to the customer, excluding any applicable taxes, duties and custom fees. Attachment D Page 58 of 471 Page 214 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix 13 Case Severity and FlIscalation O"ddelines, Extreme Networks will measure and categorize the case priority level of hardware/software problems reported by the customer based on the impact on the network and in accordance with the classification in the table below. If it is not clear which case priority level applies, then the case priority level assigned by the customer will initially be used. However, if a problem clearly belongs in a given case priority level as defined below, then that level will be used. Notwithstanding the foregoing, case severity and level assignment will be determined in Extreme's sole discretion. Service 1'evel 01),jectives, Matrix Restore Time Update Case Priority Response Time (Software Fix or Frequency Workaround) C1: Customer's network segment or management Cl - Critical C2 - High Priority C3 - Medium Priority application is down or experiencing a consistent, 15 Minutes 4 Hours Up to 4 hours measurable performance impact with no Immediate Immediate 10 Days immediate resolution available Immediate 48 Hours 10 Days C2: Customer's network is experiencing intermittent 2 Hours 72 Hours 20 Days failure or degradation of network or management I Hour I Day Daily application. C3: Customer has issues that do not affect normal network or management application operation 8 Hours 10 Days 5 Days and/or questions concerning product function or use. C4: Submission of a product enhancement /new Immediate N/A N/A feature request Acknowledgement If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty. Additional information on GTAC processes and procedures can be found at the Services tab from the Extreme Networks home page. stq)pon, 1,ik, Cycle Coninnulication Matrix Notification Levels Cl - Critical C2 - High Priority C3 - Medium Priority Support Engineer Immediate Immediate Immediate GTAC Manager Immediate Immediate 10 Days Director, Global Technical Services Immediate 48 Hours 10 Days Vice President, Global Technical Services 2 Hours 72 Hours 20 Days Executive Management (CTO/EVP Eng) 4 Hours None None Attachment D Page 59 of 471 Page 215 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks OnSite Service 1,0 Service Overview Extreme Networks On-site Services offerings provide technical support, update and/or upgrade support, and advanced parts replacement with on-site labor for Covered Products (as defined herein) according to particular levels of purchase. Upon diagnosis of a reported failure, services offerings cover the replacement part and an on-site field technician arrival within the response time specified for the service level purchased, subject to the conditions defined herein. Extreme service offerings further grant Customers telephone and web access to Extreme Networks Global Technical Assistance Center ("GTAC") 24 hours a day, 365 days a year (24x7) to report problems, ask product -related questions and receive assistance for Extreme Networks hardware and Operational Software. 2,0 Service I,evels following response times depending upon offering purchased:* Service Order Service Levels Response Time Code ExtremeWorks Next Business 97011 Onsite Next Day Business Day ExtremeWorks 97008 Onsite — 24x7 24x7 - 4 Hours 4 Hours *M�),onosk �)nd lwiiNoshoodng �oqiihod Io �dondfy flic 1'pIiflly Fokl Roc flp)co,)No Lhdl ("FRLJ") Io bo �o�fl,�)cod nuisl bo coni�flolod �)�m Io �oqiiosflng flic pffmflic (-'iTA(' v,)h(h)los flic ciislonio�`s ��oqiiosl fup. ��onflp)conionl FRLJ p)nd p)ssgn p)n RMA nimibo�, 3,0 Avaflal)flity ExtremeWorks On-site Services, contracted for a defined period, are available globally from key business locations, subject to the conditions herein. Please refer to Appendix A for addition information on availability and restrictions by geography. 4,0 Deliveralfles, Each ExtremeWorks On-site Services offering includes the following: 0 GTAC Technical Support — 24x7 telephone support that provides technical assistance with diagnosis of defect or failures in the Extreme Networks hardware and Operational Software to conform to published documentation on Covered Products. 0 Escalation Management — The GTAC is the escalation point for the customer for raising unsatisfactory conditions or immediate concerns associated with the service quality on Covered Products. Please see Appendix B for additional detail. 0 Advanced Shipment — Extreme Networks provides for the advanced shipment of FRUs to the customer's contracted sites within the contract response time on Covered Products. A request for a replacement FRU is validated by GTAC and a Return Material Authorization (RMA) number is assigned. Extreme Networks will pick, pack and dispatch the replacement FRU using a commercial delivery service to make the delivery to the customer's contracted site. The replacement FRU will be ��onflp)conionl FR LJ. Tho �.os)on so Jnio Jnm� v,�d suuls delivered within the contracted response time, subject Attachment D Page 60 of 471 Page 216 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. to the regional restrictions, response times, and diagnostic requirements identified in Appendix A. 0 On -Site FRU Replacement – After a request for a replacement FRU is validated by GTAC, Extreme Networks assigns a field technician, who will be scheduled for arrival within the contracted response time, depending on the distance to the customer's site (see Appendix A) for details on Covered Products. The Extreme Networks field technician will replace the defective FRU and install the replacement FRU. See Appendix for response A))hcp)flon Softwuo nuisl bo mdonod so),�)nmo�y vu) Bnonio\Vodns Softwpuo Siibscnu )don s vucos offo�ngs p)s fiudio��)iibhshod fu�� 'n p)ccm(hmco wffi Bnonio Nolwml�s' flion ciunonl P6co Lkl (ciuonfly cp)Iogo6zod p)s mdo�� co do 9700 0 Access to Extreme Networks' Customer Support Web site —which may include, but is not limited to (i) status review of known hardware and software problems (ii) access to technical times and diagnostic requirements. documentation (iii) ability to log a case (iv) status 0 Operational Software Updates and Upgrades – view of outstanding RMAs. Customer is entitled to receive any Operational Software or Operational Software upgrades that Extreme Networks may develop and generally release on Covered Products. Operational Software is defined as embedded software that is required to operate an Extreme Networks network device and is offered for sale as an inclusive component of such hardware network device product as described in Extreme Networks' published price list applicable to such hardware product ("Covered Product"). Operational Software updates and upgrades may be obtained through Extreme Networks' Website after establishing a web account and are only available for Covered Product that is registered and subject to Extreme's standard published product documentation and support/maintenance entitlements. Use of Operational Software updates and upgrades shall be subject to the ExtremeWorks Support Program Terms and Conditions, in addition to your applicable product license agreement and purchasing terms and conditions. Note: Siin)n)on fun. A/ )n)hcp)Jon Softwpuo n)wdllcts., unchidung siibsc6d)Jon lo unchido ondflonictil lo nu)jm p)nd ndnm n.oVo,)sos offfic A))hc,)Jon Softwpuo n)wdiicts., puo nol unchidod wufll flic Bnd onioNA'odns On 0o Soa6cos, SiibscH'n)floti p)nd sl]�)n)On Im 5,0 Flxtrenie Networks lZeapo nsil)flities Extreme Networks is responsible for: 0 Assisting with fault diagnosis required to identify the FRU to be replaced and to occur prior to assignment of the RMA number. 0 Assigning an RMA number to each FRU to be replaced and notifying the customer of the relevant RMA numbers. 0 Dispatching a field technician and an equivalent FRU(feature, function and fit compatible) to arrive at the customer's site, subject to conditions outlined in Appendix A, following assignment of the RMA numbers. 0 Coordinating the arrival of the Extreme Networks field technician and the FRU at the customer's site. 0 Extreme Networks will measure and categorize the case priority level of Operational Software problems reported by the customer based on the impact on the network and in accordance with the classification definitions contained in Appendix B. If it is not clear which priority level applies, then the priority level assigned by the customer will be used. However, if a problem clearly belongs in a given priority level, then that level will be used. Case severity and level assignment will be determined in Extreme's sole discretion. Attachment D Page 61 of 471 Page 217 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. If Extreme Networks diagnoses that a reported for such product or product component based on the problem is due to non-conformance to published specifications of a supported Operational Software version, then Extreme Networks will provide any Operational current list price. Failure to return defective parts in a timely manner may result in the suspension of future advance hardware replacement service delivery from Extreme Networks. Software fix for the reported non-conformance 0 Providing, at Customer's expense, reasonable available at the time the problem is reported, provided access to the Product through the Internet or via that customer is running on a version of Operational Software that is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy. 6,0 ().,ustonier ll esponsil)flities The Customer is responsible for: 0 Advising Extreme Networks, in writing, of any change of location for Covered Products to ensure proper dispatch and delivery. 0 Ensuring that access (point of entry, security access) is arranged to both the site and equipment for receiving the replacement FRU and to enable the field technician to carry out the hardware replacement, and if necessary making personnel available to accompany the field technician on site. (For locations requiring special access, such as government facilities or financial institutions, the customer needs to provide written documentation needed to obtain access.) On completion of FRU replacement, the field technician will leave the site except as otherwise approved by Extreme Networks. 0 Ensuring that all covered hardware is operational and up to the currently supported revision level before this service plan goes into effect. Failure to do so will exclude that hardware from coverage. 0 Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Returning the defective FRU to an authorized Extreme Networks repair facility. In the event that you fail to return the defective FRU within ten (10) business days of receipt of the replacement FRU, Extreme Networks reserves the right to invoice you ITZINEWMIMMM engineer. In addition, customer must provide systems' passwords so that problems may be diagnosed and, where possible, corrected remotely. 0 Using all reasonable efforts to maintain software products major releases installed at sites at the most current release level. 0 Using the versions of Operational Software currently supported by Extreme Networks. If the Operational Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. Support for Application Software must be purchased separately under Software Subscription as defined in Extreme's then -current Price List, if available. TO Asstniptions The following assumptions govern the delivery of ExtremeWorks On-site Services: 0 Acknowledging that the customer's right to use the Operational Software releases is subject to the software licensing terms of the applicable purchasing/licensing agreement under which the customer purchased/ licensed its products from Extreme Networks, and any associated terms and conditions contained therein. 0 On -Site and FRU delivery are subject to the hours of coverage and response times as identified in the Appendix. Attachment D Page 62 of 471 Page 218 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 0 Extreme Networks will make commercially reasonable efforts to ship, at its expense, a replaceable hardware FRU to arrive at the customer's designated location within the specified time frame and based on the parameters indicated in Appendix A. In certain geographies, the customer may be responsible for the cost of importing replacement product, including customs and duty fees. Please consult with Extreme Networks or your authorized Extreme Networks Services Partner to learn whether your location is included. 0 Extreme Networks will use commercially reasonable efforts to dispatch a field technician to arrive at the customer's designated location to perform the on-site replacement. 0 For the purpose of providing support services, Extreme Networks will have the right at any time to audit a contracted site through software, remote polling or other reasonable means to verify the site's in-service inventory against the contracted equipment, to conform to the customer's network size and/or to verify the software eligibility status, except as otherwise may be prohibited by applicable law. 0 If the customer's Operational Software is a version that is not currently supported, and the non- conformance is corrected in a supported version, then the customer will be advised to upgrade to obtain assistance. Extreme Networks will not incorporate software fixes or corrections into versions of Operational Software other than those currently supported in accordance with Extreme Networks' Product End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or warrant that all non-conformance of the Operational Software can be corrected. 0 On-site replacement means the replacement of an identified Extreme Networks -supplied defective FRU by a field technician using a like -for -like equivalent FRU (feature, fit, and function compatible) at the designated customer site within the response time set out in the Appendix. The failed FRU becomes the property of Extreme Networks on an exchange basis. 0 Operational Software products major releases and upgrades are provided for distribution only to the customer for use on or with the Extreme Networks - supplied products on which they operate, in accordance with the Extreme Networks published specifications. 0 Operational Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the Covered Product that is registered. Use of Operational Software upgrades shall be subject to the terms and conditions of said software. 0 Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's performance of support and services are included in Exhibit 4. In the event of any conflict between the language in this Service Description Document and Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. 0 Unless required for operational reasons and elsewhere agreed between the customer and Extreme Networks, the replacement FRU will be at the then - current minimum hardware, software and software release levels as published by Extreme Networks. 0 When the hardware or software is part of the same system, it must carry consistent service level coverage. This includes the chassis, modules, circuit packs, software and all other supportable components within the system configuration. Attachment D Page 63 of 471 Page 219 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 8,0 FAchisions, The following are completely out of the scope of ExtremeWorks On-site Services entitlements and are not included herein. Professional Services offerings may be available for purchase and Extreme reserves the right to charge for any costs incurred with performance of services affected by any of the following factors below. 0 Extreme Networks is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident, natural disasters, terrorism, negligence, or misuse of the Products (such as, without limitation, fire, flood, water, wind, lightening or other acts of God, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or (v) certain components, including but not limited to the following: spare fan trays, blank panels, cables, cable kits, rack mount kits, brackets, antennas and consumable items. 0 Extreme Networks shall only be obligated to support the then -current revision of the Products and the immediately prior revision. Support for any earlier versions or for other problems not covered under the Services may be obtained at then -current rates for special technical services and on Extreme Networks then -current terms and conditions for such services, subject to acceptance by Extreme Networks. 0 Extreme Networks will have no liability or obligations for failure of the products to conform to published specifications resulting from the combination of the products with any third -party hardware or software not authorized in Extreme Networks published documentation or when caused by customer's inability to use the products if the products are operating substantially in accordance with published specifications. 0 Service availability is subject to geographical limitations, as advised by Extreme Networks upon request. Extreme Networks will have no obligation to meet the response times outlined in the Appendix A if the customer's site is outside of the geographical zone of service availability. If the customer purchases this service for locations outside Extreme Networks advised geographical limitations, Extreme Networks will be required only to use commercially reasonable efforts to provide services as soon as practical after receipt of a request from the customer. 0 Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 0 Labor charges for reinstalling the customer's system Operational Software (operational or application) or end-user configuration software, other than what is provided in the customer's backup copy, are not included within the scope of this service. This is a separately charged and scheduled activity. 0 This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 This service offering and any subsequent service renewals are subject to the terms and conditions of Extreme Networks Product End of Life and Support Plan End of Life policy. 0 New releases and upgrades for Application Software, or software releases, updates or upgrades otherwise out -of -scope as defined herein. 0 Unless elsewhere agreed in writing between the customer and Extreme Networks in a separate contract, this service does not include root -cause analysis, the provision of fault reports or lead-time/ performance metrics. Attachment D Page 64 of 471 Page 220 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A: relating to the defective product by 2 p.m. in the time Flxtrenie\A�orks Onsite Services, Deliveralfles, zone where your nearest Extreme Networks GTAC is located Monday through Friday in order to send a Extreme Networks will make commercially field engineer and the replacement product to your reasonable efforts, at its expense (excluding any and site, by the end of day, the Next Business Day, all duties, taxes or government imposed fees if otherwise Second Business Day service will be applicable) to see that the replacement hardware FRU provided for RMA's approved after 2p.m. and field technician arrive at the customer's designated location within the specified time period based upon the system's Onsite Response Service Level following completion of diagnostics and the assignment of an RMA Number. Extreme Networks will have no obligation to meet the response times outlined in the appropriate ExtremeWorks Service Description if the customer's site is outside the geographical zone of service availability. Extreme Networks is not responsible for any delays related to import/export or customs regulations or processes, or uncontrollable transportation issues including inability of the customer to allow the actual delivery of services. Delivery targets for RMA's including but not limited to oversized/heavy weight items may fall outside the posted SLA. A current list of Extreme authorized servicing depots that correspond to the defined ExtremeWorks services offerings, including expected onsite response, defined herein is available here. All Onsite Service offerings require customer site location pre -approval from Extreme Networks before Extreme Networks will accept a purchase order for the applicable Onsite, support plan. Email: for confirmation of service delivery availability. Next Business Day Onsite Where Next Business Day Onsite Services are available, Extreme Networks must approve the RMA Next Business Day Onsite is generally available in these geographical locations: Note: No,)so chock ffic Lxnonio Nolwml�s Soa6co Avp)� )Nhly M,p)Idx fu� ioc,)Jons ffip)l nu)y be Oxch](10d, North America: United State and Canada EMEA: Most European Union Countries, Switzerland and South Africa 0 LATAM: Argentina, Brazil, Columbia, Mexico 0 APJC: Australia, China, India, Japan, Philippines 4 Hour Onsite 4 Hour Onsite is only available to you within one hundred (100) miles (160 kilometers) of an Extreme Networks service parts depot. Extreme Networks provides parts and a field technician at customer's designated location provided that Extreme Networks has validated a Hardware failure and a Return Material Authorization (RMA) number has been assigned. Four -Hour Onsite response is available twenty-four (24) hours per day, seven (7) days per week, including Extreme Networks observed holidays. Please work with your regional service sales manager to determine coverage. Attachment D Page 65 of 471 Page 221 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix B Case Severity and l"I'scalation Gl.,jdelines Extreme Networks will measure and categorize the case priority level of hardware/software problems reported by the customer based on the impact on the network and in accordance with the classification in the table below. If it is not clear which case priority level applies, then the case priority level assigned by the customer will initially be used. However, if a problem clearly belongs in a given case priority level as defined below, then that level will be used. Notwithstanding the foregoing, case severity and level assignment will be determined in Extreme's sole discretion. Service Level 01),jectives, Matrix Restore Time Update Case Priority Response Time (Software Fix or Frequency Workaround) C1: Customer's network segment or management application is down or experiencing a consistent, measurable 15 minutes 4 hours Up to 4 hours performance impact with no immediate resolution available C2: Customer's network is experiencing intermittent failure or degradation of network I hour I day Daily or management application. C3: Customer has issues that do not affect normal network or management application 8 hours 10 days 5 days operation and/or questions concerning product function or use. C4: Submission of a product enhancement Immediate N/A /new feature request Acknowledgment If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty Additional information on GTAC processes and procedures can be found at the Services tab from the Extreme. Networks home page. lum Attachment D Page 66 of 471 Page 222 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. stq)port 1'ik' Cycle Corri-ri"alication Matrix Notification Level 4 APs Model Numbers Model Number Support Engineer Immediate Immediate Immediate GTAC Manager Immediate Immediate 10 days Director, Global Technical Immediate 48 hours 10 days Services Vice President, Global Technical 2 hours 72 hours 20 days Services Executive Management 4 hours None None (CTO/EVP Eng) Attachment D Page 67 of 471 Page 223 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks Software Subscription 1,0 Service Overview Extreme Networks Software Subscription Service offering provides technical support and update and/or upgrade support, for Covered Products (as defined herein). Extreme service offerings further grant Customers telephone and web access to Extreme Networks Global Technical Assistance Center ("GTAC") 24 hours a day, 365 days a year (24x7) to report problems, ask product -related questions and receive assistance for Extreme Networks Application Software. 2,0 Service gvels ExtremeWorks Software Subscription support has the following Services Order Code: 4 Managed Devices Service Levels 97003 Software Subscripti *M�),onosk �)nd lioiiNoshoodng �oqiihod lo �dondfy floc 1'pIiflly Fokl Roc flp)co,)No LJ dl ("FRLJ") lo bo �o�fl,�)cod nwsl bo coni�flolod �)�m lo �oqiiosflng flic ��onflp)conionl FRLJ, 3,0 Avaflal)flity ExtremeWorks Software Subscription Service, contracted for a defined period, is available globally, subject to the conditions herein. 4,0 ll: eliveralfles, ExtremeWorks Software Subscription service offering includes the following: 0 GTAC Technical Support — 24x7 telephone support that provides technical assistance with diagnosis of defect or failures in the Extreme Networks Application Software to conform to published documentation on Covered Products. 0 Escalation Management — The GTAC is the escalation point for the customer for raising unsatisfactory conditions or immediate concerns associated with the service quality on Covered Products. Please see Appendix A for additional detail. Application Software Updates and Software Upgrades — Customer is entitled to receive any Application Software or software upgrades that Extreme Networks may develop and generally release on Covered Products. Application Software is defined as software that is not required to operate a network device, such as management software. It is not an enhancement to the Operational Software and may reside on another network device. Application Software updates and upgrades may be obtained through Extreme Networks' Website after establishing a web account and are only available for Covered Product that is registered and subject to Extreme's standard published product documentation and support/maintenance entitlements. Use of Application Software updates and upgrades shall be subject to the ExtremeWorks Support Program Terms and Conditions, in addition to your applicable product license agreement and purchasing terms and conditions. NOTL Sii�)�)on 0�)onm�otud Softw,�uo �)wdllcts., unchidng siibsc6n)don lo unchido ondflonictil lo Attachment D Page 68 of 471 Page 224 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. nu)jm p)nd ndnm n0d0p)Sos offfic 0d)Onp)Jotud Softwuo d)wdiicts., puo nol dnchidod wWi dic Lxuonio\Vodcs Softwuo Siibsc6d)Joti soca fcos, Siibsc6f)Jon p)nd siid)f)on fuu� 0d)on)flotud Softwuo nuisl bo mdood so),�)nmo�y vup) Blluonlo\Vodu s sou dcos 011'0u ngs p)s d)iibhshod fupuxpu.f puirddu�:y dn p)ccm(hmco wWi Bn� onio Notwodc�s' dion ciuuonl Nco Lkl, 0)o.p)Jotud Softwpuo k dollnod p)s oniboddod softwpuo k u�0(111h�od 10 0d)On)10 p)n Bllonlo Notwods notwoddovfco p)nd k offood fuspdo p)s p)n dnchlsvo conwonom 01'slich hudw��uo nolwml� dovco, 0 Access to Extreme Networks' Customer Support Website — which may include, but is not limited to (i) status review of known hardware and software problems (ii) access to technical documentation (iii) ability to log a case (iv) status view of outstanding RMAs. 5,0 Flxtrenie Networks Reufoprnpuudrufftfes Extreme Networks is responsible for: 0 Extreme Networks will measure and categorize the case priority level of Application Software problems reported by the customer based on the impact on the network and in accordance with the classification definitions contained in Appendix A. If it is not clear which priority level applies, then the priority level assigned by the customer will be used. However, if a problem clearly belongs in a given priority level, then that level will be used. Case severity and level assignment will be determined in Extreme's sole discretion. 0 If Extreme Networks diagnoses that a reported problem is due to nonconformance to published specifications of a supported Application Software version, then Extreme Networks will provide any Application Software fix for the reported nonconformance available at the time the problem is reported, provided that customer is running on a version of Application Software that is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy. 6,0 ().,ustonier Responsil)flities The Customer is responsible for: 0 Ensuring that all covered Application Software is operational and up to the currently supported revision level before this service plan goes into effect. Failure to do so will exclude that software from coverage. 0 Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Providing, at Customer's expense, reasonable access to the Product through the Internet or via modem to establish a data communication link between Customer and the Extreme Networks GTAC engineer and provide systems passwords so that problems may be diagnosed and, where possible, corrected remotely. 0 Using all reasonable efforts to maintain Application Software products major releases installed at sites at the most current release level. 0 Using the versions of Application Software currently supported by Extreme Networks. If the Application Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. Support for Operational Software must be purchased separately as defined in Extreme's then -current Price List, if available. Attachment D Page 69 of 471 Page 225 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 0 Using the versions of Application Software currently supported by Extreme Networks. If the Application Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. TO Asst,�niptiotlS The following assumptions govern the delivery of ExtremeWorks Software Subscription: 0 Acknowledging that the customer's right to use the Application Software releases is subject to the software licensing terms of the applicable purchasing/licensing agreement under which the customer purchased/ licensed its products from Extreme Networks, and any associated terms and conditions contained therein. 0 For the purpose of providing support services, Extreme Networks will have the right at any time to audit a contracted site through software, remote polling or other reasonable means to verify the site's in-service inventory against the contracted equipment, to conform to the customer's network size and/or to verify the software eligibility status, except as otherwise may be prohibited by applicable law. 0 If there is no available Application Software fix, Extreme Networks will use reasonable commercial efforts to remedy such non- conformance, which may include a workaround or other temporary or permanent fix to the Application Software, provided that the reported problem can be verified and/or recreated by Extreme Networks on the then current software version. EIMRMVAMFMIT�� currently supported, and the non- conformance is corrected in a supported version, then the customer will be advised to upgrade to obtain assistance. Extreme Networks will not incorporate software fixes or corrections into versions of Application Software other than those currently supported in accordance with Extreme Networks' Product End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or warrant that all non- conformance of the Application Software can be corrected. 0 Application Software products major releases and upgrades are provided for distribution only to the customer for use on or with the Extreme Networks -supplied products on which they operate, in accordance with the Extreme Networks published specifications. 0 Application Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the Covered Product that is registered. Use of Application Software upgrades shall be subject to the terms and conditions of said software. 0 Application Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the covered product that is registered. Use of Application Software upgrades shall be subject to the terms and conditions of said software. 0 Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's performance of support and services are as posted here. In the event of any conflict between the language in this Service Description Document and Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. 0 When the hardware or software is part of the same system, it must carry consistent service level coverage. This includes the chassis, modules, circuit Attachment D Page 70 of 471 Page 226 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. packs, software and all other supportable components within the system configuration. 8,0 Flxcft,sions The following are completely out of the scope of ExtremeWorks Software Subscription Service entitlements and are not included herein. Professional Services offerings may be available for purchase and Extreme reserves the right to change for any costs incurred with performance of services affected by any of the following factors below. 0 Extreme Networks is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident, natural disasters, terrorism, negligence, or misuse of the Products (such as, without limitation, fire, flood, water, wind, lightening or other acts of God, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or (v) certain components, including but not limited to the following: spare fan trays, blank panels, cables, cable kits, rack mount kits, brackets, antennas and consumable items. 0 Extreme Networks shall only be obligated to support the then -current revision of the Products and the immediately prior revision. Support for any earlier versions or for other problems not covered under the Services may be obtained at then -current rates for special technical services and on Extreme Networks then -current terms and conditions for such services, subject to acceptance by Extreme Networks. 0 Extreme Networks will have no liability or combination of the products with any third -party hardware or software not authorized in the Extreme Networks published documentation or when caused by customer's inability to use the products if the products are operating substantially in accordance with published specifications. 0 Labor charges for reinstalling the customer's system software (operational or application) or end- user configuration software, other than what is provided in the customer's backup copy, are not included within the scope of this service. This is a separately charged and scheduled activity. New releases and upgrades for Operational Software, or software releases, updates or upgrades otherwise out -of -scope as defined herein. 0 Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 0 The customer acknowledges that any hardware upgrades, improvements or changes required to install or use a Application Software product major release or update or any part thereof are charged separately from and are in addition to the charges of the current contract. 0 This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 This service does not include the repair or replacement of defective hardware. If Extreme Networks determines that defective Extreme Networks hardware causes a reported problem, then Extreme Networks will advise customer thereof. If the customer desires to remedy such defect, Extreme Networks and the customer will agree upon service at the Extreme Networks then published per -incident rates, and subsequently obligations for failure of the products to conform to Extreme Networks will recommend an appropriate published specifications resulting from the Attachment D Page 71 of 471 Page 227 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. annual hardware contract to the customer for consideration. 0 This service offering and any subsequent service renewal is subject to the terms and conditions of the applicable Extreme Networks Product End of Life and Support Plan End of Life policy. 0 Unless elsewhere agreed in writing between the customer and Extreme Networks in a separate contract, this service does not include root -cause analysis, the provision of fault reports or lead-time/ performance metrics. Attachment D Page 72 of 471 Page 228 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A Case Severity and FlIscalation Gt,ddejines Extreme Networks will measure and categorize the case priority level of hardware/software problems reported by the customer based on the impact on the network and in accordance with the classification in the table below. If it is not clear which case priority level applies, then the case priority level assigned by the customer will initially be used. However, if a problem clearly belongs in a given case priority level as defined below, then that level will be used. Notwithstanding the foregoing, case severity and level assignment will be determined in Extreme's sole discretion. Service 1'e el 01),jectives, Matrix Restore time Update Case Priority Response Time (Software fix or Frequency workaround) C1: Customer's network segment or management application is down or experiencing a consistent, measurable 15 minutes 4 hours Up to 4 hours performance impact with no immediate resolution available C2: Customer's network is experiencing intermittent failure or degradation of network or I hour management application. C3: Customer has issues that do not affect normal network or management application 8 hours operation and/or questions concerning product function or use. C4: Submission of a product enhancement /new Immediate feature request Acknowledgn: a I day Daily 10 days 5 days N/A N/A If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty Additional information on GTAC processes and procedures can be found at the Services tab from the Extreme. Networks home page. stq)pon, 1,ik, Cycle Coninnulication Matrix Notification Levels Cl — Critical C2 — High C3 — Medium Priority Priority Attachment D Page 73 of 471 Page 229 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Support Engineer Immediate Immediate Immediate GTAC Manager Immediate Immediate 10 days Director, Global Technical Services Immediate 48 hours 10 days Vice President, Global Technical Services 2 hours 72 hours 20 days Executive Management (CTO/EVP Eng) 4 hours None None Attachment D Page 74 of 471 Page 230 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks Software and Global Technical Assistance Center (GTAQ Service 1.0 Service Overview unsatisfactory conditions or immediate concerns Extreme Networks Software and GTAC Service associated with the service quality on Covered offering provides technical support and update and/or Products. See Appendix A for additional detail. upgrade support, for Covered Products (as defined herein). Extreme service offerings further grant Customers telephone and web access to Extreme Networks Global Technical Assistance Center ("GTAC" ) 24 hours a day, 365 days a year (24x7) to report problems, ask product -related questions and receive assistance for Extreme Networks hardware and Operational Software. 2.0 Service Levels ExtremeWorks Software and GTAC Support has the following Services Order Code: Service Order Code Service Levels 97000 Software and GTAC 3.0 Availability ExtremeWorks Software and GTAC Service, contracted for a defined period, is available globally, subject to the conditions herein. 4.0 Deliverables ExtremeWorks Software and GTAC service offering includes the following: 0 GTACTechnical Support -- 24x7 telephone support that provides technical assistance with diagnosis of defect or failures in the Extreme Networks hardware and Operational Software to conform to published documentation on Covered Products. 0 Escalation Management --The GTAC is the escalation point for the customer for raising 0 Operational Software Updates and Upgrades -- Customer is entitled to receive any Operational Software or Operational Software upgrades that Extreme Networks may develop and generally release on Covered Products. Operational Software is defined as embedded software that is required to operate an Extreme Networks network device and is offered for sale as an inclusive component of such hardware network device product as described in Extreme Networks' published price list applicable to such hardware product ("Covered Product"). Operational Software updates and upgrades may be obtained through Extreme Networks' Website after establishing a web account and are only available for Covered Product that is registered and subject to Extreme's standard published product documentation and support/maintenance entitlements. Use of Operational Software updates and upgrades shall be subject to the ExtremeWorks Support Program Terms and Conditions, in addition to your applicable product license agreement and purchasing terms and conditions. NOTE: Support for Application Software products, including subscription to include entitlement to major and minor releases of the Application Software products, if available, are not included with the ExtremeWorks Software and GTAC Service. Subscription and support for Application Software must be ordered separately via ExtremeWorks Software Subscription services offerings as further published for availability in accordance with Extreme Attachment D Page 75 of 471 Page 231 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Networks' then -current Price List (currently categorized as order code 97003). 0 Access to Extreme Networks' Customer Support Website .- which may include, but is not limited to (i) status review of known hardware and software problems (ii) access to technical documentation (iii) ability to log a case (iv) status view of outstanding RAs. 5.0 Extreme Networks Responsibilities Extreme Networks is responsible for: 0 Extreme Networks will measure and categorize the case priority level of software problems reported by the customer based on the impact on the network and in accordance with the classification definitions contained in Appendix A. If it is not clear which priority level applies, then the priority level assigned by the customer will be used. However, if a problem clearly belongs in a given priority level, then that level will be used. Case severity and level assignment will be determined in Extreme's sole discretion. 0 If Extreme Networks diagnoses that a reported problem is due to non-conformance to published specifications of a supported Operational Software version, then Extreme Networks will provide any Operational Software fix for the reported non-conformance available at the time the problem is reported, provided that customer is running on a version of Operational Software that is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End 0 6.0 Customer Responsibilities The Customer is responsible for: 0 Ensuring that all covered hardware is operational and up to the currently supported revision level before this service plan goes into effect. Failure to do so will exclude that hardware from coverage. 0 Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Providing, at Customer's expense, reasonable access to the Product through the Internet or via modem to establish a data communication link between Customer and the Extreme Networks GTAC engineer and provide systems passwords so that problems may be diagnosed and, where possible, corrected remotely. 0 Using all reasonable efforts to maintain Operational Software products major releases installed at sites at the most current release level. 0 Using the versions of Operational Software currently supported by Extreme Networks. If the Operational Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. Support for Application Software must be purchased separately under Software Subscription as defined in Extreme's then -current Price List, if available. 7.0 Assumptions The following assumptions govern the delivery of ExtremeWorks Software and GTAC Support: 0 Acknowledging that the customer's right to use the Operational Software releases is subject to the software licensing terms of the applicable purchasing/licensing agreement under which the customer purchased/ licensed its products from Extreme Networks, and any associated terms and conditions contained therein. 0 For the purpose of providing support services, Extreme Networks will have the right at any time to audit a contracted site through software, Attachment D Page 76 of 471 Page 232 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. remote polling or other reasonable means to verify the site's in-service inventory against the contracted equipment, to conform to the customer's network size and/or to verify the software eligibility status, except as otherwise may be prohibited by applicable law. 0 If there is no available Operational Software fix, Extreme Networks will use reasonable commercial efforts to remedy such non. - conformance, which may include a workaround or other temporary or permanent fix to the Operational Software, provided that the reported problem can be verified and/or recreated by Extreme Networks on the then current software version. 0 If the customer's Operational Software is a version that is not currently supported, and the non. - conformance is corrected in a supported version, then the customer will be advised to upgrade to obtain assistance. Extreme Networks will not incorporate software fixes or corrections into versions of Operational Software other than those currently supported in accordance with Extreme Networks' Product End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or warrant that all nonconformance of the Operational Software can be corrected. 0 Operational Software products major releases and upgrades are provided for distribution only to the customer for use on or with the Extreme Networks supplied products on which they operate, in accordance with the Extreme Networks published specifications. 0 Operational Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the Covered Product that is registered. Use of Operational Software upgrades shall be subject to the terms and conditions of said software. 0 Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's performance of support and services are included in Exhibit 4. In the event of any conflict between the language in this Service Description Document and Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. 0 When the hardware or software is part of the same system, it must carry consistent service level coverage. This includes the chassis, modules, circuit Tracks, software and all other supportable components within the system configuration. 8.0 Exclusions The following are completely out of the scope of ExtremeWorks Software and GTAC Service entitlements and are not included herein. Professional Services offerings may be available for purchase and Extreme reserves the right to change for any costs incurred with performance of services affected by any of the following factors below. 0 Extreme Networks is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident, natural disasters, terrorism, negligence, or misuse of the Products (such as, without limitation, fire, flood, water, wind, lightening or other acts of God, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or (v) certain components, including but not limited to the following: spare fan trays, blank panels, cables, cable kits, rack mount kits, brackets, antennas and consumable items. 0 Extreme Networks shall only be obligated to support the then -current revision of the Products and the immediately prior revision. Support for any earlier versions or for other problems not covered Attachment D Page 77 of 471 Page 233 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. under the Services may be obtained at then -current rates for special technical services and on Extreme Networks then -current terms and conditions for such services, subject to acceptance by Extreme Networks. 0 Extreme Networks will have no liability or obligations for failure of the products to conform to published specifications resulting from the combination of the products with any third -party hardware or software not authorized in the Extreme Networks published documentation or when caused by customer's inability to use the products if the products are operating substantially in accordance with published specifications. 0 Labor charges for reinstalling the customer's system Operational Software (operational or application) or enduser configuration software, other than what is provided in the customer's backup copy, are not included within the scope of this service. This is a separately charged and scheduled activity. 0 Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 0 The customer acknowledges that any hardware upgrades, improvements or changes required to install or use an Operational Software product major release or update or any part thereof are charged separately from and are in addition to the charges of the current contract. 0 This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 This service does not include the repair or replacement of defective hardware. If Extreme Networks determines that defective Extreme Networks hardware causes a reported problem, then Extreme Networks will advise customer thereof. If the customer desires to remedy such defect, Extreme Networks and the customer will agree upon service at the Extreme Networks then published per -incident rates, and subsequently Extreme Networks will recommend an appropriate annual hardware contract to the customer for consideration. 0 This service offering and any subsequent service renewal is subject to the terms and conditions of the applicable Extreme Networks Product End of Life and Support Plan End of Life policy. 0 New releases and upgrades for Application Software, or software releases, updates or upgrades otherwise out -of -scope as defined herein. 0 Unless elsewhere agreed in writing between the customer and Extreme Networks in a separate contract, this service does not include root -cause analysis, the provision of fault reports or lead.- time/performance metrics. Attachment D Page 78 of 471 Page 234 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A Case Severity and Escalation Guidelines Extreme Networks will measure and categorize the case priority level of hardware/software problems reported by the customer based on the impact on the network and in accordance with the classification in the table below. If it is not clear which case priority level applies, then the Support Level Objectives Matrix case priority level assigned by the customer will initially be used. However, if a problem clearly belongs in a given case priority level as defined below, then that level will be used. Notwithstanding the foregoing, case severity and level assignment will be determined in Extreme's sole discretion. Restore Time Update Case Priority Response Time (Software Fix or Frequency Workaround) C1: Customer's network- segment or management CI - Critical C2 - High Priority C3 - Medium Priority application is down or experiencing a consistent, 15 Minutes 4 hours Up to 4 hours measurable performance impact with no Immediate Immediate 10 Days immediate resolution available Immediate 48 Hours 10 Days C2: Customer's network is experiencing intermittent 2 Hours 72 Hours 20 Days failure or degradation of network or management I Hour I Day Daily application. C3: Customer has issues that do not affect normal network- or management application operation 8 Hours 10 Days 5 Days and/or questions concerning product function or use. C4: Submission of a product enhancement /new Immediate N/A N/A feature request Acknowledgement If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty. Additional information on GTAC processes and procedures exhcan be found at the Services tab from the Extreme Networks home page. Support Life Cycle Communication Matrix Notification Levels CI - Critical C2 - High Priority C3 - Medium Priority Support Engineer Immediate Immediate Immediate GTAC Manager Immediate Immediate 10 Days Director, Global Technical Services Immediate 48 Hours 10 Days Vice President, Global Technical Services 2 Hours 72 Hours 20 Days Executive Management (CTO/EVP Eng) 4 Hours None None Attachment D Page 79 of 471 Page 235 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 8 Product Warranty Table Part Class Model Product Description. Warranty End - Number of f - Stipp Stipp ort 10033 Summit Pwr Cord I OACEE 7/7C 13 Pwr Cord I OACE".E"", No 7/71EC32OC13 Warranty 10034 Summit Pwr Cord I OAB S 13 63 C 13 Pwr No Cord I OABS 13631EC320 Warranty C13 10035 Summit Pwr Cord I OAB S546C 13 Pwr No Cord I OABS5461EC320C Warranty 13 10036 Summit Pwr CordlOAAS3112CI3 Pwr No Cord I OAAS31121EC320 Warranty C13 10037 Summit Pwr Cord I OASEC 1011 C 13 Pwr No CordIOASECIOIIIEC320 Warranty C13 10038 Summit Pwr Cord I OACEI Pwr Cord I OACEI No 2316/VIIC13 2316/VIIIEC32OC13 Warranty 10039 Summit Pwr Cord I OAG131002 Pwr Cord I OAG131002 I Year YP03CI3 YP031EC32OC13 Warranty 10041 BD 8K Pwr Cord I OANEMA Pwr Cord I OANIHMA I Year 515PC13RA 515PIEC32OC13 Right Warranty Angle 10042 BD 8K Pwr Pwr I Year Cord 12AJISC8303C 13 RA Cord 12AJISC83031EC32 Warranty OC13RA 10043 BD 8K Pwr Cord I OACEE Pwr Cord I OACE".E"", No 7/7C 13 RA 7/71EC320C 13 Right Warranty Angle 10044 BD 8K Pwr Pwr No CordIOABS1363CI3RA Cord I OABS 13631EC320 Warranty CBRight Angle 10045 BD 8K Pwr Pwr No CordIOABS546CI3RA Cord I OABS5461EC320C Warranty 13 Right Angie 10046 BD 8K Pwr Pwr No Cord I OAAS3112C 13 RA Cord I OAAS31121EC320 Warranty CBRight Angle Attachment D Page 80 of 471 Page 236 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10047 BD 8K Pwr Pwr No Cord IOASECIOIIC13RA Cord lOASECIOIIIEC320 Warranty CORight Angle 10048 BD 8K Pwr Cord I OACEI Pwr Cord I OACEI No 2316/VIIRA 2316/VIIIEC320C 13 Right Warranty Angle 10049 BD 8K Pwr Cord I OAG131002 Pwr Cord I OAG131002 I Year YP03CI3RA YP031EC32OC 13 RA Warranty 10058 Optics IOOBASEBXD Bibi SIP lOOBASE".BXD I Year Bidirecttion Downstream Warranty SIP module SMF lOkm link I-Cconnector for Fast E-thernet SIP Port 10059 Optics IOOBASEBXIJ BiDi SIP IOOBASI-,".13X(J I Year Bidirecttion Downstream Warranty SIP module SMF lOkm link I-Cconnector for Fast E-thernet SIP Port 10060 Optics IOOFX/1000[-X miniGBIC MiniGBIC SIP dualspeed I Year 100 [_X / 1000 [_X I -C Warranty connector 10061 Summit Pwr Cord I OANEMA Pwr Cord I OANE".MA I Year 515PC13 515PIEC32OC13 Warranty 10062 Summit Pwr Cord 12AJISC8303C 13 Pwr I Year Cord 12AJISC83031EC32 Warranty OC13 10063 Optics lOOFX miniGBIC Module MiniGBIC SIP lOOFX I Year MMIC I -C connector Warranty 10065 Optics 10/100/1000BASET SIP 10/100/1000BASET SIP I Year module CA'r5 cable 100m Warranty link RJ45connector for Giga Bit Ethernet SI P Port. 10066 Optics IOOBASEI-XIO SIP lOOBASEI-XIO SIP I Year module SMF lOkm link Warranty I-Cconnector for Fast E-thernet SIP Port. 10067 Optics IOOBASEFX SIP lOOBASETX SIP module I Year MMIC 2km link Warranty I-Cconnector for Fast E-thernet SIP Port. Itemp 10088 BD 8K Pwr Cord I OANEMA Power Cord I OANE".MA I Year 1,615 PC 13 RA 1-615PIEC32OC13 Right Warranty Angle Attachment D Page 81 of 471 Page 237 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10089 Summit PWR Power Cord I OA No CORD I OAAIJSAS3112C I A(Js,rRAI-IA AS3112 Warranty 5 IEC32OC15 10090 Summit PWR CORDIOACHINA Power Cord I OA CHINA No G131002 G131002 Warranty 10092 Summit PWR Power Cord 10A soum No CORD I OASASABS 164/1 C AFRICA SABS 164/1 Warranty 15 IEC32OC15 10093 Summit PWR Power Cord I OA No CORD I 0ADE`.NMARKSR DE`.NMARKSRAF Warranty AFC15 IEC32OC15 10094 Summit PWR Power Cord I OA No CORD I 0AEIJROPECE`.E`.7 EUROPE CE`.E`.7 Warranty C15 IEC32OC15 10095 Summit PWR Power Cord 12A BRAZIL L No CORD 12AB RNBR14136C NBR14136 IEC32OC15 Warranty 15 10096 Summit PWR Power Cord I OA UK BS No CORD10A(JKBS1363C15 1363 IEC32OC15 Warranty 10097 Summit PWR Power Cord 10A SWISS No CORD I OASWISSSEVI 0 1 SEV1011 IEC32OC15 Warranty IC15 10098 Summit PWR Power Cord 12A JAPAN No CORD 12AJAPANJIS8303 JIS 8303 IEC32OC15 Warranty C15 10099 Summit PWR Power Cord 15A USA No CORD I 5AUSANEMA515 NE',MA 515 IEC32OC15 Warranty C15 10100 Summit PWR CORD 15A Power Cord 15A No ROWAJ SA C 14C 15 ROW/(JSA Jumper Warranty IEC32OC14 IEC32OC15 10121 Optics SR XIP Module IOC113ASESR XIP I -C I Year Connector Warranty 10122 Optics LR XIP Module IOC113ASEI-R XIP I -C I Year Connector Warranty 10124 Optics ER XIP Module 10G13aseER XIP 40km I Year reach I -C connector Warranty 10125 Optics ZR XIP module 10 Gigabit Ethernet XIP I Year module 1550nm SMF Warranty 80km I -C connector 10200 Optics Tunable DWDM XIP 10 Gigabit Ethernet XIP I Year 'tunable DWDM module Warranty Cband SMF80km I -C connector Attachment D Page 82 of 471 Page 238 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10202 Optics Im QSFP+ to 4xP+ QSFP+ to 4 x SFP+ I Year fanout26 AWG fanout copper cable 26 Warranty AWG Im length. 10203 Optics 2m QSFP+ to 4xSFP+ QSFP+ to 4 x SIP + I Year fanout26 AWG fanout copper cable 26 Warranty AWG 2m len th. 10301 Optics SR SIP + module 10 Gigabit Ethernet SIP + I Year module 850nm MMIC Warranty 26300m link I -C connector 10302 Optics LR SIP + module 10 Gigabit Ethernet SIP + I Year module 1310nm SMF Warranty lOkm link I -C connector 10303 Optics LRM SFP+ module LRM SI P+ ModuleO I Year Gigabit Ethernet SI P+ Warranty module 1310nm MMIC 220m link I -C connector 10304 Optics Im SI P+ Cable 10 Gigabit Ethernet SI P+ I Year passive cable assembly Warranty Im length. 10305 Optics 3m SI P+ Cable 10 Gigabit Ethernet SI P+ I Year passive cable assembly Warranty 3m length. 10306 Optics 5m SI P+ Cable 10 Gigabit Ethernet SI P+ I Year passive cable assembly Warranty 5m length. 10307 Optics 10m SI P+ Cable 10 Gigabit Ethernet SI P+ I Year passive cable assembly Warranty 10m len th. 10309 Optics ER SI P+ module 10 Gigabit Ethernet SI P+ I Year module 1550nm SMF Warranty 40km link I -C connector 10310 Optics ZR SI P+ module 10 Gigabit Ethernet SI P+ I Year module 1550nm SMF Warranty 80km I -C connector 10311 Summit 0.5m QSFP+ Passive 40 Gigabit Ethernet I Year Copper Cable QSFP+ passive copper Warranty cable assembly 0.5m length. 10312 Summit Im QSFP+ Passive Copper 40 Gigabit Ethernet I Year Cable QSFP+ passive copper Warranty cable assembly Im length. 10313 Summit 3m QSFP+ Passive Copper 40 Gigabit Ethernet I Year Cable QSFP+ passive copper Warranty cable assembly 3m length. Attachment D Page 83 of 471 Page 239 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10315 Summit 10m QS + Active Optical 40 Gigabit Fthernet I Year Cable QSFP+ active optical Warranty cable assembly 10m length. 10316 Summit 20m QSFP+ Active Optical 40 Gigabit Fthernet I Year Cable QSFP+ active optical Warranty cable assembly 20m length. 10318 Summit 100m QSFP+ Active 40 Gigabit Fthernet I Year Optical Cable QSFP+ active optical Warranty cable assembly 100m length. 10319 Optics QSFP+ SR4 Module 40 Gigabit Fthernet I Year QSFP+ SR4 optical Warranty module MPO connector 100m link length. 10320 Optics QSFP+ 40GBASEI-R4 40 Gigabit Fthernet I Year QSFP+ LR4 optical Warranty module IC connectors lOkm SMI-' link length 10321 Summit QSFP+ 4xSFP+ fanout cb] QSFP+ to 4 x SI P+ I Year 3m fanout copper cable 3m Warranty 10322 Summit QSFP+ 4xSFP+ fanout cb] QSFP+ to 4 x SI P+ I Year 5m fanout copper cable 5m Warranty 10323 Summit 5m QSFP+ Passive Copper 40 Gigabit Fthernet I Year Cable QSFP+ passive copper Warranty cable assembly 5m length. 10325 Optics Tunable DWDM SI P+ 10 Gigabit Fthernet SI P+ I Year 'tunable DWDM module Warranty SMF'80km I -C connector 10326 Optics QSFP+ PSM Optical QSFP+ (4XI001BASE) I Year Module breakout optical module Warranty MPO connector lOkm SMI-' link length 10327 Optics MPO to 4xI.0 breakout MPO to 4 x I -C breakout I Year patch cable SM 10m patch cable SingleMode Warranty lom 10328 Summit 3rd Party Optics Lic ExtremeXOS 3rd Party No X480/X460 Optics (40ExtremeXOS Warranty 3rd Party Optics (4001 and 10001) FeaturePack for X4600.12 X480 10329 Optics 400I1 Bi Di MMFQSFP+ 400I1 Bidirectional MMI-' I Year 100m OM3 QSFP+ I -C Warranty 10330 Optics CI P2 1000IBASEI-R4 100 Gigabit Fthernet[-R4 I Year module CPF2 optical module I -C Warranty Attachment D Page 84 of 471 Page 240 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 85 of 471 Page 241 of 943 connector lOkm SMF link length 10331 Optics CI P2 l00G13ASESRI0 100 Gigabit FthernetSRI0 I Year module CPF2 optical module Warranty MPO connector loom link length 10332 Optics MP04xI.0 patch cable MPO to 4xI.0 breakout I Year OM4 5m patch cable OM4 MMI-' Warranty 5m 10334 Optics 40CIb LM4 QSFP+ 40CIb LM4 140m OM3 I Year MMI' lKm SMF QSFP+ Warranty I -C 10335 Optics 40CIb ER4 QSFP+ 40CIb ER4 40Km SMF I Year QSFP+ I -C Warranty 10336 Optics 3m QSFP+ Active Optical 40 Gi abit Fthernet I Year Cable QSFF- active optical Warranty cable assembly 3m length 10337 Optics 5m QSFP+ Active Optical 40 Gi abit Fthernet I Year Cable QSFF4 active optical Warranty cable assembly 5m length 10338 Optics 10Gb SI P+ IOGBASET l0Gb SI P+ IOGBASET I Year RJ45 30m with Cat6a Warranty 10345 Optics MPO patch cable OM3 3m MPO to MPO Patch cable I Year 12 fiber pinless Warranty MPC mrp connectors OM3 MMF,rype B 3m 10346 Optics MPO patch cable OM3 MPO to MPO Patch cable I Year loom 12 fiber pinless Warranty MPC mrp connectors OM3 MMI-' 'rype B 100m 10401 Optics 100Gb QS P28 SR4 MMIC 100Gb 100G13ASESR4 I Year 70m OM3 / loom OM4 Warranty MMI-' QS P28 MPO 10403 Optics 100Gb QSFP28 LR4 lOkm l00Gb l00G13ASEI-R4 I Year lOkm SMF,'QSFP28 I -C Warranty 10404 Optics 100Gb QS P28 CWDM4 I 00Gb CWDM4 2km I Year SMF,'QSFP28 I -C Warranty 10405 Optics 100Gb QS P28 PSM4 100Gb PSM4 2km SMF I Year QS P28 MPO Warranty 10406 Optics 100Gb SWDM4 MMI-' 10OGb QS P28 SWDM4 I Year 75m OM3 / loom OM4 Warranty MMI-' I -C 10410 Optics 100Gb DAC 100Gb QSFP28QSFP28 I Year QSFP28QSFP28 0.5m Direct attach passive Warranty copper cable 0.5m Attachment D Page 85 of 471 Page 241 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10411 Optics lOOGb DAC lOOGb QSFP28QSFP28 I Year QSFP28QSFP28 lm Direct attach passive Warranty copper cable lm 10413 Optics lOOGb DAC lOOGb QSFP28QSFP28 I Year QSFP28QSFP28 3m Direct attach passive Warranty copper cable 3m 10414 Optics lOOGb DAC lOOGb QSFP28QSFP28 I Year QSFP28QSFP28 5m Direct attach passive Warranty copper cable 5m 10421 Optics lOOGb DAC lOOGb QSFP284 x SI P28 I Year QSFP284xSFP28 Im (4x25Gb) Direct attach Warranty passive copper breakout IM 10423 Optics lOOGb DAC lOOGb QSFP284 x SI P28 I Year QSFP284xSFP28 3m (4x25Gb) Direct attach Warranty passive copper breakout 3m 10424 Optics lOOGb DAC lOOGb QSFP284 x SI P28 I Year QSFP284xSFP28 5m (4x25Gb) Direct attach Warranty passive copper breakout 5m 10426 Optics lOOGb DAC lOOGb QSFP282 x I Year QSFP282xQSFP28 lm QSFP28 (2x5OC1b) Direct Warranty attach passive copper breakout Im 10428 Optics lOOGb DAC lOOGb QSFP282 x I Year QSFP282xQSFP28 3m QSFP28 (2x5OC!b) Direct Warranty attach passive copper breakout 3m 10434 Optics lOOGb AOC QSFP28 5m lOOGb QSFP28QSFP28 I Year Active optical cable 5m Warranty 10435 Optics lOOGb AOC QSFP28 7m lOOGb QSFP28QSFP28 I Year Active optical cable 7m Warranty 10436 Optics lOOGb AOC QSFP28 lOrn lOOGb QSFP28QSFP28 I Year Active optical cable lOrn Warranty 10437 Optics lOOGb AOC QSFP28 20m lOOGb QSFP28QSFP28 I Year Active optical cable 20m Warranty 10441 Optics lOOGb AOC QSFP28 x 4 lOOGb QSFP28 4xSFP28 I Year SI P28 5m (4x25C!b) Active optical Warranty breakout cable 5m 10442 Optics lOOGb AOC QSFP28 x 4 lOOGb QSFP28 4xSFP28 I Year SI P28 7m (4x25C!b) Active optical Warranty breakout cable 7m 10443 Optics lOOGb AOC QSFP28 x 4 lOOGb QSFP28 4xSFP28 I Year SI P28 lOrn (4x25C!b) Active optical Warranty breakout cable lOrn Attachment D Page 86 of 471 Page 242 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10444 Optics 100Gb AOC QSFP28 x 4 l00Gb QSFP28 4xP28 I Year SI P28 20m (4x25Gb) Active optical Warranty breakout cable 20m 10446 Optics I 00Gb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 5m QSFP28 (2x5OGb) Active Warranty Optical Breakout Cable 5m 10447 Optics I 00Gb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 7m QSFP28 (2x50011) Active Warranty Optical Breakout Cable 7m 10448 Optics I 00Gb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 10m QSFP28 (2x50011) Active Warranty Optical Breakout Cable lorn 10449 Optics I 00Gb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 20m QSFP28 (2x50011) Active Warranty Optical Breakout Cable 20m 10501 Optics 25Gb SI P28 SR MMI-' 25Gb SI P28 I Year 25CI13ASESR 70m OM3 Warranty 100m OM4 MMI-' LC 10502 Optics 25Gb SI P28 SR LiteFEC 25011 SR LiteFEC 50m I Year MMI-' OM3 / 70m OM4 It SI Warranty 70m OM3 / 100m OM4 MIDI I -C 10503 Optics 25Gb SFP28 ESR MMIC 25Gb SFP28 ESR I Year extended range 300m Warranty OM3 / 400m OM4 MMI-' I -C 10504 Optics 25Gb Si P28 LR l0krn 25Gb Si P28 LR l0krn I Year SMI-' SMI-' I -C Warranty 10506 Optics QSFP28 Si P28 Adapter QSFP28 Si P28 Slot I Year Adapter Warranty 10520 Optics 25Gb DAC SFP28SFP28 25011 SFP28SFP28 I Year IM Passive Copper Direct Warranty Attach Cable Im 10521 Optics 25Gb DAC SFP28SFP28 25011 SFP28SFP28 I Year 3m Passive Copper Direct Warranty Attach Cable 3m 10522 Optics 25Gb DAC SFP28SFP28 25011 SFP28SFP28 I Year 5m Passive Copper Direct Warranty Attach Cable 5m 10530 Optics 25Gb AOC SFP28SFP28 25011 SFP28SFP28 I Year lour Active Optical Cable 10m Warranty Attachment D Page 87 of 471 Page 243 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10531 Optics 25Gb AOC SI P28SFP28 25Gb SI P28SFP28 I Year 20m Active Optical Cable 20m Warranty 10911 Summit EPS500 External AC PSIJ External Power System Limited 03/31/ 500 Watts with cable Lifetime 2022 Warranty with express Advanced Hardware Replacern ent 10916 Summit Summit X650/X480 AN AN module for Summit I Year module X650 and Summit X480 Warranty series switches spare 10917 Summit Summit 450W AC PSIJ FB 450W AC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10918 Summit Summit 450W DC PSIJ FB 450W DC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10923 Summit RPS500p External PoE+ Redundant Limited Power Supply Unit 500 Lifetime Watts with cable Power Warranty cord ordered separately with express Advanced Hardware Replacer ent 10925 Summit Summit 550W AC PSIJ FB 550W AC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10926 Summit Summit 550W DC PSIJ FB 550W DC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10927 Summit Summit 550W AC PSIJ BF 550W AC Power Supply I Year module for Summit Warranty switches BacktoFront airflow 10928 Summit Summit 550W DC PSIJ BF 550W DC Power Supply I Year module for Summit Warranty Attachment D Page 88 of 471 Page 244 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 89 of 471 Page 245 of 943 switches BacktoFront airflow 10931 Summit Summit 750W PoE AC 750W PoE AC Power Limited PSU Supply Module Lifetime Warranty with express Advanced Hardware Replacern ent 10932 Summit RPS150 xT External Redundant I Year Power Supply Unit 150 Warranty Watts with cable Extended 'remparture Range from 0 to +60 degrees Celsius Power cord ordered separately 10933 Summit Summit 30OW 4-24V/48V 30OW +24V / 48V DC Limited DC PSIJ Power Supply Module for Lifetime the X460 and the E4G400 Warranty p] atform s with express Advanced Hardware Replacer ent 10935 Summit Summit X460 FAN Module FAN Module for Summit Limited 12/31/ X460 Series Switches Lifetime 2022 spare Warranty with express Advanced Hardware Replacer ent 10936 Summit EPSC2 External Power System I Year Chassis 2. Accepts up to Warranty three Summit 750W AC PoE PSIJ 48V power supplies. Accepts up to 5 EPSCBI-2x7 or up to I EPSCBI-2x9 cables. 10939 Summit EPS Cable 2x7 External Power System I Year Cable (IM with 2x7 pin) Warranty that connects EPS to any Attachment D Page 89 of 471 Page 245 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 90 of 471 Page 246 of 943 Summit X440 or X450G2 for providing redundant power 10940 Summit EPS Cable 2x9 External Power System I Year 11/01/ (1 -,".PS) Cable (with 2x9 Warranty 2023 pin) that connects EPS to a X250e48p or a X450e48p for providing additional DC power. 10941 Summit Summit 1100W AC PSIJ 1100 Watt AC PoE Power Limited FB Supply module with Lifetime FronttoBack airflow Warranty with express Advanced Hardware Replacern ent 10942 Summit Summit 1100W AC PSIJ I I OOW AC Power Supply Limited BF Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacern ent 10943 Summit Summit 30OW AC PSIJ BF 30OW AC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacern ent 10944 Summit Summit 30OW DC PSIJ BF 30OW DC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacern ent Attachment D Page 90 of 471 Page 246 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10945 Summit Summit Fan module FB Fan Module for Summit Limited X460G2/X45OG2 Series Lifetime Switches front to back Warranty airflow with express Advanced Hardware Replacern ent 10946 Summit Summit X4600.12 Fan FAN Module for Summit Limited module BF X460G2 Series Switches Lifetime back to front airflow Warranty with express Advanced Hardware Replacern ent 10947 Summit C5 to C14 Converter Power donde for No converting an IEC C5 Warranty lu to IEC C 14 plug 10948 Summit RPS90 External Redundant I Year Power Supply Unit 90 Warranty Watts with cable Power cord ordered separately 10949 Summit Pwr Cord 2.5A01131002 Pwr Cord 2.5A01131002 No IEC320C5 IEC320C5 for China Warranty 10950 E40f E40f DC Pwr Conn Conv E4G DC Power Connector I Year 12/31/ Cable Converter Cable from Warranty 2024 Spin to 4pin (50mm length). It is for connection between E4G20ODC/router (3Pin) and As'rEC AC[DC Adapter Model AD10048P3 (4Pin). 10951 Summit Summit 715W PoE AC 715W AC PoE Power Limited PSIJ FB Supply Module with front Lifetime to back airflow Warranty with express Advanced Hardware Replacer ent Attachment D Page 91 of 471 Page 247 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10952 Summit Summit 715W AC PSIJ BF 715W AC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacern ent 10953 Summit 350W AC PSIJ FB 350W AC Power Supply Limited Module front to back Lifetime airflow Warranty with express Advanced Hardware Replacern ent 10954 Summit 350W AC PSIJ BF 350W AC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacern ent 10958 Summit FIDX to FDX Converter External converter for the Limited ROW international market that Lifetime can use a CEF,". 7/1 plug to Warranty connect up to four with halfduplex devices to four express full duplex switch ports. Advanced Does No'r support Hardware PoEpass through. External Replacern power supply and cord ent with CEF,". 7/1 plug included 10959 Summit FIDX to FDX Converter External converter for the Limited NA North American market to Lifetime connect up to four Warranty halfduplex devices to four with full duplex switch ports. express Does No'r support Advanced PoEpass through. External Hardware power supply and cord Attachment D Page 92 of 471 Page 248 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 93 of 471 Page 249 of 943 with NEMA 115P plug Replacern included ent 10960 Summit PSIJ55Wx40.2,1x3221-mm7 770W AC power supply I Year 70WACFB FronttoBack airflow Warranty 10961 Summit PSIJ55Wx40.2,1x3221-mm7 770W AC power supply I Year 70WACBF BacktoFront airflow Warranty 10962 Summit P S IJ 5 5 Wx40.2'rx3 22 1-m m I I I OOW DC power supply I Year l00WDCFB FronttoBack airflow Warranty 10963 Summit P S IJ 5 5 Wx40.2'rx3 22 1-m m I I I OOW DC power supply I Year IOOWDCBF BacktoFront airflow Warranty 10965 Smart 1,RM/MACsec Adapter ExtremeSwitching I Year OmniEdge LI M/MACsec Adapter Warranty Switching two SI P+ network ports (unpopulated) and two host cables with integrated SI P/SFP+ transceivers for host switch connection 10966 Smart 5 Unit Rack Mount Kit Optional multi unit rack I Year OmniEdge I-RM/MACsec Adapter mount bracket for Warranty Switching [-RM/MACsec Adapter. Holds five units in I RIJ 11011 Summit Direct Attach Feature Pack Direct Attach Feature Software Pack for Summit Warranty X450a/X460/X46OG2/X4 80 X650 X670/X67OG2 X770 and BlackDiamond 8800 X Series 12101 Summit ReachNXT Too8t 8 10/100BASETR I Limited Gigabit combo ports (I Lifetime unpopulated Gigabit SIP Warranty - and 10/100/1000BASE'r) io Business Day Ship 12102 Summit ReachNXT 1008t AC Optional AC power I Year 12/31/ Power Adapter adapter with 3 attachable Warranty 2023 power pins/plugs AC input 100240V 50/60Hz Max 0.5A DC output 12V 1.25A 12103 Summit ReachNXT 1008t Mounting I pair of magnets and I I Year Kit metal mounting plate for Warranty placing the ReachNX'r 1008t product underneath a table or on a wall Attachment D Page 93 of 471 Page 249 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15710 Wireless Summit W1 3700 WI -AN Summit W1 3700 WI -AN I Year 06/30/ Controller controller with 4xGl-,". Warranty 2020 Cu/SFP ports NFE management port and Ix serial console port. Hasl CF card slot 2 (TSB slots. Can manage up to 1024 Access Points. AP capacity and feature licenses sold separately. Power cord sold separately. 15711 Wireless 16AP Lic for Summit 16 AP capacity license for Software 06/30/ W13700 Summit W13700 Warranty 2020 controller. Shipped as a voucher. 15712 Wireless 64AP Lic for Summit 64 AP capacity license for Software 06/30/ W13700 Summit W13700 Warranty 2020 controller. Shipped as a voucher. 15713 Wireless RTi-s Lic for Summit Real 'rime Location Software 06/30/ WM3700 System (Rri-s) feature Warranty 2020 upgrade license for Summit W13700 controller. Enables the API between the Rri-s engine in controller and 3rd party Rri-s application. 15714 Wireless Summit W1 3600 WI -AN Summit W1 3600 WI -AN I Year 06/30/ Controller controller with Ix GF,". Warranty 2020 Cu/SI P Uplink port 8x GF,". PoE ports 1x FE Mgmt port Ix (TSB 2.0 Host 1x ExpressCard Slot Ix PCIX Ix Serial Port 2 (TSB slots. Can manage up to 256 APs. Licenses sold separately. Power cord sold separately. 15715 Wireless 16 AP Lic for Summit 16 AP capacity license for Software 06/30/ W13600 Summit W13600 Warranty 2020 controller. Shipped as a voucher. Attachment D Page 94 of 471 Page 250 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15716 Wireless Rri-s Lic for Summit Real 'rime Location Software 06/30/ WM3600 System (Tubi -s) feature Warranty 2020 upgrade license for Summit W13600 controller. Enables the API between the Rri-s engine in controller and 3rd party Rri-s application. 15717 Wireless Summit W1 3400 WI -AN Summit W1 3400 WI -AN I Year 06/30/ Controller controller with 5xGl-,". Warranty 2020 PoE+ LAN ports IxGl-,". WAN port and Ix serial console port. Includes Ix ExpressCard Slot and Ix (JSB port. Bundled with support for 6 Access Points. Includes universal AC power module. Region specific power cord for power module sold separately. Requires Summit W13000 series software R4.2 or above 15718 Wireless 256 AP Lic for Summit 256 AP capacity license Software 06/30/ W13700 for Summit W13700 Warranty 2020 controller. Shipped as a voucher 15719 Wireless 64 AP Lic for Summit 64 AP capacity upgrade Software 06/30/ W13600 license for Summit Warranty 2020 W13600 controller. Shipped as a voucher with instructions on logging to the Extreme License server and generating the license key 15724 Wireless Altitude 4610US align InAn Altitude 4610 dualradio Limited 06/30/ AP 802.11 a/b/g/n indoor Lifetime 2020 Access Point for US Warranty regulatory domain. Has Wing one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes internal omnidirectional antennas. Attachment D Page 95 of 471 Page 251 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 96 of 471 Page 252 of 943 Suitable for wall or below ceiling mount to 'rBars with builtin mounting brackets. 802.3af PoE powered or use a suitable midspan PoE injector 15725 Wireless Altitude 4610ROW abgn Altitude 4610 dualradio Limited 06/30/ InAn AP 802.1 la/b/g/n indoor Lifetime 2020 Access Point for Rest of Warranty the World regulatory Wing domainexcept Israel. Has one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes internal omnidirectional antennas. Suitable for wall or below ceiling mount to 'rBars with builtin mounting brackets. 802.3af PoE powered or use a suitable midspan PoE injector 15727 Wireless Altitude 4610EIJ abgn Altitude 4610 dualradio Limited 06/30/ InAn AP 802.1 la/b/g/n indoor Lifetime 2020 Access Point for European Warranty Union regulatory domain. Wing Has one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes internal omnidirect 15730 Wireless Altitude 46201JS abgn Altitude 4620 dualradio Limited 06/30/ ExAn AP 802.1 la/b/g/n indoor Lifetime 2020 Access Point for US Warranty regulatory domain. Has Wing one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes 6x detachable external omnidirectional antennas. Plenum rated. Suitable for Attachment D Page 96 of 471 Page 252 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 97 of 471 Page 253 of 943 wall or above the ceiling mount with builtin mounting brackets. Comes with a light pipe to display LED activity below the drop down ceiling. IEF,".F,". 802.3af PoE powered or use a suitable midspan PoE injector 15731 Wireless Altitude 4620ROW abgn Altitude 4620 dualradio I Year 06/30/ ExAn AP 802.11a/b/ /n indoor Warranty 2020 Access Point for Rest of the World regulatory domainexcept Israel. Has one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes 6x detachable external omnidirectional antennas. Plenum rated. Suitable for wall or above the ceiling mount. Comes with a light pipe to display LED activity below the drop down ceiling. IEF,".F,". 802.3af PoE powered or use a suitable midspan PoE injector 15734 Wireless 3G Lic for Summit 3G feature upgrade Software 06/30/ W13600 license for Summit Warranty 2020 W13600 controller. Enables the operation of an approved 3G card plugged into the express card slot in Summit W13600. Require relevant 3G service from cellular carrier. Approved 3G card for the 3G service to be procured from 3rd party supplier. Attachment D Page 97 of 471 Page 253 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15735 Wireless Altitude 4611 ROW abgn Altitude 4611 singleradio Limited 06/30/ ImAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the Rest Warranty of World regulatory Wing domain. Includes an internal omnidirectional antenna and Ix 10/100/1000 PoE port. Managed by Summit W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15736 Wireless AdvSecurity Lic for Advanced Security feature Software 06/30/ W13600 upgrade license for Warranty 2020 Summit W13600 controller. Enables Role Based Firewall Configuration and increases number of IPSEC VPN tunnels from 100 to 1024. Shipped as a voucher. 15737 Wireless AdvSecurity Lic for Advanced Security feature Software 06/30/ W13700 upgrade license for Warranty 2020 Summit W13700 controller. Enables Role Based Firewall Configuration and increases number of IPSEC VPN tunnels from 600 to 2048. Shipped as a voucher. 15738 Wireless Rackmount kit for Summit Rack mount kit for I Year 06/30/ WM3400 mounting Summit Warranty 2020 W13400 controller and the power module to a 19 rack. Optional accessory 15749 Wireless Altitude 4621 ROW abgn Altitude 4621 singleradio Limited 06/30/ ExtAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the Rest Warranty of World regulatory Wing domainexcluding Israel. Includes 3x detachable external omnidirectional addle antennas and Ix Attachment D Page 98 of 471 Page 254 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 99 of 471 Page 255 of 943 10/100/1000 PoE port. Plenum rated. Managed by Summit W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15750 WiNG Altitude 4710EIJ abgn Altitude 4710 dualradio Limited 06/30/ Wireless DualRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the European Union Wing regulatory domain. Includes an RJ45 console port and 2x C11Hh, data portsG1-,".1 is a PoE port C11H.2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit W13000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in' ecto . 15751 Wireless Altitude 471OUS abgn Altitude 4710 dualradio Limited 06/30/ DualRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the US regulatory domain. Wing Includes an RJ45 console port and 2x C11Hh, data portsG1-,".1 is a PoE port C11H.2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit W13000 series controllers. Powered by 802.3af/at PoE or by use of an optional external Attachment D Page 99 of 471 Page 255 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 100 of 471 Page 256 of 943 power supply or PoE i nj ector. 15752 Wireless Altitude 4710ROW abgn Altitude 4710 dualradio Limited 06/30/ DualRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the Rest of World Wing regulatory domainexcluding Israel. Includes an RJ45 console port and 2x GE". data portsGE".1 is a PoE port GE".2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit W13000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in' ecto . 15753 WiNG Altitude 47501JS abgn Altitude 4750 triradio Limited 06/30/ Wireless 'rri Radi o 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the US regulatory domain. Wing 'rhird radio functions as a sensor only. Includes an RJ45 console port and 2x CIE", data p o rt s GE". I is a PoE port GE".2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit W13000 series controllers. Powered by Attachment D Page 100 of 471 Page 256 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 101 of 471 Page 257 of 943 802.3af/at PoE or by use of an optional external power supply or PoE i nj ector. 15754 Wireless Altitude 4750ROW abgn Altitude 4750 triradio Limited 06/30/ 'rri Radi o 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the Rest of World Wing regulatory domainexcluding Israel. 'rhird radio functions as a sensor only. Includes an RJ45 console port and 2x CIE", data p o rt s GE". I is a PoE port GE".2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit W13000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in' ecto . 15755 Wireless Facade Antenna for 4700 Integrated snapon I Year 06/30/ AP dualband omnidirectional Warranty 2020 facade antenna for 4700 series Access Points. Snaps over the AP housing and the wires are connected to the antenna ports on the AP. Antenna gain 3dBi/5dBi on 2.4/5 C11 -1z bands. 15757 Wireless Altitude 4611 U S abgn Altitude 4611 singleradio Limited 06/30/ IntAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the ITS Warranty regulatory domain. Wing Includes an internal Attachment D Page 101 of 471 Page 257 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 102 of 471 Page 258 of 943 omnidirectional antenna and Ix 10/100/1000 PoE port. Managed by Summit W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15758 Wireless Altitude 4621 U S abgn Altitude 4621 singleradio Limited 06/30/ ExtAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the ITS Warranty regulatory domain. Wing Includes 3x detachable external omnidirectional paddle antennas and Ix 10/100/1000 PoE port. Plenum rated. Managed by Summit W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15759 Wireless Altitude 4750EIJ abgn Altitude 4750 triradio Limited 06/30/ 'rri Radi o 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the European Union Wing regulatory domain. 'rhird radio functions as a sensor only. Includes an RJ45 console port and 2x C11H. data portsG1-,".1 is a PoE port C11H.2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit W13000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in' ecto . Attachment D Page 102 of 471 Page 258 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15760 Wireless Altitude 461 IEIJ abgn Altitude 4611 singleradio Limited 06/30/ ImAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the Warranty European Union with regulatory domain. express Includes an internal Advanced omnidirectional antenna Hardware and Ix 10/100/1000 PoE Replacern port. Managed by Summit ent W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15761 WiNG AP4511 Wallplate AP ITS Altitude AP4511 Single Limited 06/30/ Wireless radia 802.11a/b/ /n Wal I Lifetime 2020 Plate Access Point. 2x2 Warranty MIMO. Low profile. One Wing Fast Ethernet PoE uplink port one Fast Ethernet LAN port included. USonly version. 15762 Wireless AP4511 Wallplate AP WW Altitude AP4511 Single Limited 06/30/ radio 802.11a/b/ /n Lifetime 2020 WallPlate Access Point. Warranty 2x2 MIMO. Low profile. Wing One Fast Ethernet PoE uplink port one Fast Ethernet LAN port included. Rest of World (ROW) regulatory domain. 15764 Wireless AP4532i int ant ITS Altitude AP4532i internal I Year 06/30/ antenna Access Point for Warranty 2020 indoors installations for sale in the USA 15765 Wireless AP4532i int ant ROW Altitude AP4532i internal I Year 06/30/ antenna Access Point for Warranty 2020 sale WorldWide 15767 WiNG AP4532e ext ant ITS Altitude AP4532e Limited 06/30/ Wireless external antenna Access Lifetime 2020 Point for indoor Warranty installations for sale in the Wing USA 15768 WiNG AP4532e ext ant ROW Altitude AP4532e Limited 06/30/ Wireless external antenna Access Lifetime 2020 Point for indoor Attachment D Page 103 of 471 Page 259 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 104 of 471 Page 260 of 943 installations for sale Warranty worldwide Wing 15770 Wireless Altitude 4621EIJ align Altitude 4621 singleradio Limited 06/30/ ExtAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the Warranty European Union with regulatory domain. express Includes 3x detachable Advanced external omnidirectional Hardware paddle antennas and Ix Replacern 10/100/1000 PoE port. ent Plenum rated. Managed by Summit W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15771 Wireless Summit W1 3411 US Summit W1 3411 I Year 06/30/ wireless controller and Warranty 2020 access point with dual integrated dualband 802.11 ab n radios. For the US Regulatory Domain 15772 Wireless Summit W13411 WW Summit W13411 I Year 06/30/ wireless controller and Warranty 2020 access point with dual integrated dualband 802.11 ab n radios. For the Rest of World Regul tory Domain. 15774 Wireless Facade Antenna for 30 MiMo Facade I Year 06/30/ WM3411 Antenna for the Summit Warranty 2020 W13411 Wireless Controller 15776 Wireless Altitude 4620EIJ abgn Altitude 4620 dualradio Limited 06/30/ ExAn AP 802.11 a/b/ /n indoor Lifetime 2020 Access Point for European Warranty Union regulatory domain. Wing Has one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes 6x detachable externa Attachment D Page 104 of 471 Page 260 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15777 Wireless 'rbar AP Mount Bracket Wireless Mounting I Year 06/30/ IPC Bracket for ceiling 'rbar Warranty 2020 mount for 46xx 47xx Access Points I Pack 15778 Wireless 6AP fic upgrade 6 Wireless AP license Software 06/30/ WM34003411 upgrade for the Summit Warranty 2020 W13411 W13400 15779 Wireless Adv WIPS for Advanced WIPS upgrade Software 06/30/ WM34003411 for Summit Warranty 2020 W1 340OW1 3411 15780 Wireless Adv WIPS license for Advanced WIPS upgrade Software 06/30/ W13600 for W13600 Warranty 2020 15781 Wireless Adv WIPS license for Advanced WIPS upgrade Software 06/30/ W13700 for W13700 Warranty 2020 1 15782 WiNG AP4511 Wallplate AP EU Altitude AP4511 Single Limited 06/30/ Wireless radio 802.11a/h/ /n Lifetime 2020 WallPlate Access Point. Warranty 2x2 MIMO. Low profile. Wing One Fast Ethernet PoE uplink port one Fast Ethernet LAN port included. European Union re ulatory domain. 15783 Wireless AP4021i int ant ITS Altitude AP4021i Limited 06/30/ singleradio thin Lifetime 2020 (dependent) indoor Warranty Access Point for ITS Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas. Powered by 802.3af/at PoE or by use of a PoE in' ecto . 15784 Wireless AP4021i int ant ROW Altitude AP4021i Limited 06/30/ singleradio thin Lifetime 2020 (dependent) indoor Warranty Access Point for the Rest Wing of the World regulatory domain 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas. Powered by 802.3af/at PoE or by use of a PoE in' ecto . Attachment D Page 105 of 471 Page 261 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15785 Wireless AP402 I e ext ant ITS Altitude AP4021i Limited 06/30/ singleradio thin Lifetime 2020 (dependent) indoor Warranty Access Point for ITS Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE i nj ector. 15787 Wireless Mbar AP Mount Bracket Wireless Mounting I Year 06/30/ IOPC Bracket for ceiling 'roar Warranty 2020 mount for 46xx 47xx Access Points rl-.N Pack 15788 Wireless AP402 I e ext ant ROW Altitude AP4021i Limited 06/30/ singleradio thin Lifetime 2020 (dependent) indoor Warranty Access Point for the Rest Wing of World regulatory domain 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE in' ector. 15789 Wireless AP4521i int ant ITS Altitude AP4521i Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas Powered by 802.3af/at PoE or by use of a PoE in' ector. 15790 Wireless AP4521i int ant ROW Altitude AP4521i Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas Powered by 802.3af/at Attachment D Page 106 of 471 Page 262 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 107 of 471 Page 263 of 943 PoE or by use of a PoE i nj ector. 15791 Wireless AP4521e ext ant US Altitude AP452 I e Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE i nj ector. 15793 Wireless AP452 I e ext ant ROW Altitude AP452 I e Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE in' ector. 15794 Wireless AP4762 outdoor ITS Altitude AP4762 I Year 06/30/ dualradio Independent Warranty 2020 Outdoor Access Point for ITS regulatory domain 802.11 a/b/g/n 30 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE in' ector. 15795 WiNG AP4762 outdoor ROW Altitude AP4762 I Year 06/30/ Wireless dualradio Independent Warranty 2020 Outdoor Access Point for Rest of World regulatory domain 802.11a/b/g/n 30 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE in' ector. Attachment D Page 107 of 471 Page 263 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15796 Wireless AP4763 outdoor ITS Altitude AP4763 triradio I Year 06/30/ Independent Outdoor Warranty 2020 Access Point for ITS regulatory domain 802.11 a/b/g/n 30 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE injecto . 15797 Wireless Summit W1 3411 EU Summit W1 3411 I Year 06/30/ wireless controller and Warranty 2020 access point with dual integrated dualband 802.11 ab n radios. For the European Union Regul tory Domain. 15798 Wireless AP4532i int ant EU Altitude AP4532i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 8 02. 11 a/b/g/n 20 MIMOintegrated internal omnidirectional antennas Powered by 802.3af/at P 0 1"". 15799 Wireless AP4532e ext ant EU Altitude AP4532e Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 20 MIMO. External antennas not includedmust order separately up to 6 paddle antennas. Powered by 802.3af/at PoE. 15804 Wireless AP4021i int ant EU Altitude AP4021i Limited 06/30/ singleradio dependent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 8 02. 11 a/b/g/n 2x2 MIMOintegrated internal omnidirectional antennas. Attachment D Page 108 of 471 Page 264 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 109 of 471 Page 265 of 943 Powered by 802.3af/at PoE. 15808 Wireless AP402 I e ext ant EU Altitude AP402 I e Limited 06/30/ singleradio dependent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust order separately up to 2 paddle antennas. Powered by 802.3af/at PoE. 15809 Wireless AP4521i int ant EU Altitude AP4521i Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO internal omnidirectional antennas Powered by 802.3af/at PoE. 15810 Wireless AP452 I e ext ant EU Altitude AP452 I e Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust order separately up to 2 paddle antennas. Powered by 802.3af/at PoE. 15811 WiNG AP4762 outdoor EU Altitude AP4762 I Year 06/30/ Wireless dualradio Independent Warranty 2020 Outdoor Access Point for European Union regulatory domain 802.11 a/b/g/n 30 MIMO. External antennas. Powered by 802.3at PoE. 15812 WiNG AP4763 outdoor EU Altitude AP4763 I Year 06/30/ Wireless dualradio with sensor Warranty 2020 Independent Outdoor Attachment D Page 109 of 471 Page 265 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 110 of 471 Page 266 of 943 Access Point for European Union regulatory domain 802.11 a/b/g/n 30 MIMO. External antennas. Powered by 802.3at PoE. 15813 Wireless AP4022i int ant EU Altitude AP4022i Limited 06/30/ dualradio dependent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO integrated internal omnidirectional antennas. Powered by 802.3af/at Pot",. 15814 Wireless AP4022e ext ant EU Altitude AP4022e Limited 06/30/ dualradio dependent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust order separately up to 4 paddle antennas. Powered by 802.3af/at PoE. 15815 Wireless AP4522i int ant EU Altitude AP4522i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO internal omnidirectional antennas Powered by 802.3af/at PoE. 15816 Wireless AP4522e ext ant EU Altitude AP4522e Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust order separately up to 4 paddle antennas. Powered by 802.3af/at PoE. Attachment D Page 110 of 471 Page 266 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15830 Wireless 1024 AP Lic for W1395X 128 AP capacity license Software 06/30/ Cntrlr for W1395X family of Warranty 2020 controllers. 15831 Wireless AdvSecurity Lic for Advanced Security feature Software 06/30/ W1395X upgrade license for Warranty 2020 W1395X family of controllers. Enables Role Based Firewall Configuration. 15850 Wireless AP4532i int ant IL Altitude AP4532i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty Israel regulatory domain Wing 802.11 a/b/g/n 20 MIMO Includes internal omnidirectional antennas Powered by 802.3af/at PoE or by use of a PoE injecto . 15910 Wireless AP4763 outdoor ROW Altitude AP4763 triradio I Year 06/30/ Independent Outdoor Warranty 2020 Access Point for Rest of World regulatory domain 802.11a/b/ /n 30 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE in' ecto . 15911 WING AP4022i int ant ITS Altitude AP4022i Limited 06/30/ Wireless dualradio thin (dependent) Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas. Powered by 802.3af/at PoE or by use of a PoE in' ecto . 15912 Wireless AP4022i int ant ROW Altitude AP4022i Limited 06/30/ dualradio thin (dependent) Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas. Powered by 802.3af/at Attachment D Page 111 of 471 Page 267 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 112 of 471 Page 268 of 943 PoE or by use of a PoE i nj ector. 15913 WiNG AP4022e ext ant US Altitude AP4022e Limited 06/30/ Wireless dualradio thin (dependent) Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust separately up to 4 paddle antennas.. Powered by 802.3af/at PoE or by use of a PoE i nj ector. 15916 Wireless AP4022e ext ant ROW Altitude AP4022e Limited 06/30/ dualradio thin (dependent) Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE in' ector. 15993 Wireless AP4522i int ant US Altitude AP4522i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO integrated internal omnidirectional antennas Powered by 802.3af/at Pot",. 15994 Wireless AP4522i int ant ROW Altitude AP4522i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 802.11 a/b/g/n 2x2 MIMO internal omnidirectional antennas Powered by 802.3af/at Pot",. Attachment D Page 112 of 471 Page 268 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15995 Wireless AP4522e ext ant US Altitude AP4522e Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust order separately up to 4 paddle antennas. Powered by 802.3af/at PoE. 15996 Wireless AP4522e ext ant ROW Altitude AP4522e Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust order separately up to 4 paddle antennas. Powered by 802.3af/at 16105 Summit Stacking Cable 5.OM Summit tack Stacking Limited cable 5.OM (not supported Lifetime for Uni Stack) Warranty with express Advanced Hardware Replacern ent 16106 Summit Stacking Cable 0.51 SummitStackAJni Stack I Year Stacking cable 0.51 Warranty 16107 Summit Stacking Cable 1.51 SummitStackAJni Stack I Year Stacking cable 1.51 Warranty 16108 Summit Stacking Cable 3.OM SummitStackAJni Stack Limited Stacking cable 3.OM Lifetime Warranty with express Advanced Hardware Replacern ent 16117 Summit XGM32sf Option card two Limited 12/31/ unpopulated 10 Gigabit Lifetime 2022 SI P+ slots compatible Warranty with Summit X460 with Attachment D Page 113 of 471 Page 269 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 114 of 471 Page 270 of 943 express Advanced Hardware Replacern ent 16119 Summit XCIM3S2xf/module 2 x I OGbE XFP port I Year 03/01/ interface module rear Warranty 2024 pluggable in Slot A on X460 and E401400 platforms supporting SummitStackV (and Synch, when used with E401400) 16120 Summit XCIM3SB4sf/module 4 x I OGbE SI P+ ports I Year 03/01/ rear p] uggabl e in Slot B Warranty 2024 on X460 and E401400 platforms (supporting Synch, when used with E401400) 16125 Summit SX460 Network Timm ng ExtremeXOS Network Software 12/31/ Feature Pck 'riming Feature Pack for Warranty 2022 Summit X460 Series Switches 16126 Summit XCIM3S2sf/module 2 x lOGbE SFP+ port I Year 03/01/ interface module rear Warranty 2024 pluggable in Slot A on X460 and E401400 platforms supporting SummitStackV (and Synch, when used with E401400) 16127 E4G E4GB16TIEI/module 2 x MRJ21 ports for 16 1 Year 06/30/ pseudowire Warranty 2023 emulation 2 x SMA port for synchronization input/output rear lu le in Slot B 16169 Summit SX450G2 ExtremeXOS Audio Software Multimedia(AVB) Pck Video Bridging Feature Warranty Pack for Summit X4500.12 series switches 16172 Summit X450G224GE".4Base Summit X450G2 24 Limited 10/100/1000BASE'r 4 Lifetime IOOOBASEX unpopulated Warranty SFP two 210I1 stacking with orfs 1 Fixed AC PSIJ I express Attachment D Page 114 of 471 Page 270 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 115 of 471 Page 271 of 943 RPS port fan module slot Advanced (unpopulated) Hardware ExtremeXOS Edge Replacern license ent-2 16173 Summit X450G224pGE4Base Summit X450G2 24 Limited 10/100/1000BASE'r Lifetime POE + 4 IOOOBASEX Warranty unpopulated SIP two with 21CIb stacking ports 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacern ExtremeXOS Edge ent-2 license 16174 Summit X450G248tGI-,".4Base Summit X450G2 48 Limited 10/100/1000BASE'r 4 Lifetime IOOOBASEX unpopulated Warranty SIP two 21CIb stacking with ports (QSFP) I Fixed AC express PSIJ I RPS port fan Advanced module slot (unpopulated) Hardware ExtremeXOS Edge Replacern license w Policy ent-2 16175 Summit X450G248pGE4Base Summit X450G2 48 Limited 10/100/1000BASE'r Lifetime POE + 4 IOOOBASEX Warranty unpopulated SIP two with 21CIb stacking ports 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacern ExtremeXOS Edge ent-2 license 16176 Summit X450G224tIOC!I-,".4Base Summit X450G2 24 Limited 10/100/1000BASE'r 4 Lifetime IOC113ASEX unpopulated Warranty SI P+ two 21CIb stacking with ports I Fixed AC PSIJ I express RPS port fan module slot Advanced (unpopulated) Hardware ExtremeXOS Edge Replacern license ent-2 16177 Summit X450G224pIOGE4Base Summit X450G2 24 Limited 10/100/1000BASE'r Lifetime POE + 4 IOC113ASEX Warranty unpopulated SI P+ two with Attachment D Page 115 of 471 Page 271 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 116 of 471 Page 272 of 943 21CIb stacking ports) 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacem ExtremeXOS Edge ent-2 license 16178 Summit X450G248tIOGI-,".4Base Summit X450G2 48 Limited 10/100/1000BASE'r 4 Lifetime IOC113ASEX unpopulated Warranty SIP + two 21CIb stacking with ports I Fixed AC PSIJ I express RPS port fan module slot Advanced (unpopulated) Hardware ExtremeXOS Edge Replacem license ent-2 16179 Summit X450G248pIOGE4Base Summit X450G2 48 Limited 10/100/1000BASE'r Lifetime POE + 4 IOC113ASEX Warranty unpopulated SI P+ two with 21CIb stacking ports 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacem ExtremeXOS Edge ent-2 license 16190 Summit SX450G2 Edge to Adv ExtremeXOS Advanced Software Edge Lic Edge License upgrade for Warranty Summit X450G2 series switches 16191 Summit X450G2 Core Lic from ExtremeXOS Advanced Software Edge Lic Core License upgrade Warranty from Edge License for ExtremeSwitching X450G2 series switches 16192 Summit X450G2 Core Lic from ExtremeXOS Advanced Software Adv Edge Core License upgrade Warranty from Advanced Edge License for ExtremeSwitching X450G2 series switches 16200 Summit SX450G2 Openflow ExtremeXOS SDN Software FeaturePack Openflow Feature Pack Warranty for Summit X450G2 series switches 16220 E4G E4G'rDM BreakOut Cable TDM connectivity I Year 06/30/ breakout cable that Warranty 2023 Attachment D Page 116 of 471 Page 272 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 117 of 471 Page 273 of 943 provides I x MRJ21 to 8 x RJ48c for use with 'rDM modules using MRJ21 connectors 16301 Summit Summit X48048t 48 10/100/1 OOOBASET 4 1 Year 07/15/ 100/1000BASEX Warranty 2025 unpopulated SFP (shared) No PSIJ with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 16303 Summit Summit X48024x 24 100/1000BASEX I Year 07/15/ unpopulated SFP 12 Warranty 2025 10/100/1000BASE'r (shared) 2 unpopulated XFP ports No PSIJ with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 16304 Summit Summit X48048x 48 100/1000BASEX I Year 07/15/ unpopulated SFP No PSIJ Warranty 2025 with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 16311 Summit VIM2SummitStack VI12SummitStack 2 1 Year 07/15/ SummitStack stacking Warranty 2025 ports 16312 Summit VI1 21OG4X VI1 21OG4X 4 1 Year 07/15/ I OC113ASEX XFP ports Warranty 2025 16313 Summit VI12SummitStackI28 VI12SummitStackI28 2 1 Year 07/15/ x 64G stacking ports Warranty 2025 16315 Summit VIM2SummitStackV80 VIM2SummitStackV80 2 1 Year 12/31/ x 40G stacking ports Warranty 2022 1 16321 Summit Summit X480 Core License ExtremeXOS Core Software License for Summit X480 Warranty series switches 16322 Summit Summit X480 MPLS ExtremeXOS MPLS Software Feature Pack Feature Pack for Summit Warranty X480 series switches 16323 Summit Summit X480 Open glow ExtremeXOS SDN Software FeaturePack Openflow Feature Pack Warranty for Summit X480 series switches Attachment D Page 117 of 471 Page 273 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16401 Summit Summit X46024t 24 10/100/1000BASE'r 8 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SIP (4 24 Warranty 10/100/1000BASE'r 8 with 100/1000BASEX express unpopulated SIP (4 SIP Advanced ports shared with Hardware 10/100/1000BASE'r Replacern ports) XCIM3 slot ent Stacking module slot 30OW AC PSIJ with one unpopulated PSIJ slot Fan Module ExtremeXOS Edge License 16402 Summit Summit X46048t 48 10/100/1 OOOBASET 4 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SIP XGM3 Warranty slot Stacking module slot with 30OW AC PSIJ with one express unpopulated PSIJ slot Fan Advanced Module ExtremeXOS Hardware Edge License Replacern ent 16403 Summit Summit X46024p 24 10/100/1000BASET Limited 06/30/ PoEplus 8 Lifetime 2022 100/1000BASEX Warranty unpopulated SIP (4 SIP with ports shared with express 10/100/1000BASE'r Advanced ports) XCIM3 slot Hardware Stacking module slot Replacern 750W AC PoE PSIJ with ent one unpopulated PSIJ slot Fan Module ExtremeXOS Edge License 16404 Summit Summit X46048p 48 10/100/1000BASET Limited 06/30/ PoEplus 4 Lifetime 2022 100/1000BASEX Warranty unpopulated SIP XGM3 with slot Stacking module slot express 750W AC PoE PSIJ with Advanced one unpopulated PSIJ slot Hardware Fan Module ExtremeXOS Replacern Edge License ent Attachment D Page 118 of 471 Page 274 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16405 Summit Summit X46024x 24 100/1000BASEX Limited 06/30/ unpopulated SIP 8 Lifetime 2022 10/100/1000BASE-r (4 Warranty 10/100/1000BASE'r ports with shared with SIP ports) express XCIM3 slot Stacking Advanced module slot 30OW AC Hardware PSIJ with one Replacern unpopulated PSIJ slot Fan ent Module ExtremeXOS Edge License 16406 Summit Summit X46048x 48 100/1000BASEX Limited 06/30/ unpopulated SIP XGM3 Lifetime 2022 slot Stacking module slot Warranty 30OW AC PSIJ with one with unpopulated PSIJ slot Fan express Module ExtremeXOS Advanced Edge License Hardware Replacern ent 16407 Summit Summit X46024tDC 24 10/100/1000BASET 8 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SIP (4 24 Warranty 10/100/1000BASE'r 8 with 100/1000BASEX express unpopulated SIP (4 SIP Advanced ports shared with Hardware 10/100/1000BASE'r Replacern ports) XCIM3 slot ent Stacking module slot 30OW DC PSIJ with one unpopulated PSIJ slot Fan Module ExtremeXOS Edge License 16408 Summit Summit X46048tDC 48 10/100/1 OOOBASET 4 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP XGM3 Warranty slot Stacking module slot with 30OW DC PSIJ with one express unpopulated PSIJ slot Fan Advanced Module ExtremeXOS Hardware Edge License Replacern ent Attachment D Page 119 of 471 Page 275 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16409 Summit Summit X46024xDC 24 100/1000BASEX Limited 06/30/ unpopulated SIP 8 Lifetime 2022 10/100/1000BASE-r (4 Warranty 10/100/1000BASE'r ports with shared with SIP ports) express X01M3 slot Stacking Advanced module slot 30OW DC Hardware PSIJ with one Replacern unpopulated PSIJ slot Fan ent Module ExtremeXOS Edge License 16410 Summit Summit X46048xDC 48 100/1000BASEX Limited 06/30/ unpopulated SIP X01M3 Lifetime 2022 slot Stacking module slot Warranty 30OW DC PSIJ with one with unpopulated PSIJ slot Fan express Module ExtremeXOS Advanced Edge License Hardware Replacern ent 16419 Summit SummitStack Module SummitStack Module for Limited 12/31/ Summit X460 Lifetime 2022 Warranty with express Advanced Hardware Replacern ent 16420 Summit SummitStackV80 Module SummitStackV80 Module Limited 12/31/ for Summit X460 Lifetime 2022 Warranty with express Advanced Hardware Replacern ent 16421 Summit Advanced Edge Lic ExtremeXOS Advanced Software X460/012 Edge License for Summit Warranty X460 X4600.12 Series Switches 16422 Summit Core Lic from Edge Lic ExtremeXOS Advanced Software X460/01 Core License upgrade Warranty from Edge License for Attachment D Page 120 of 471 Page 276 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 121 of 471 Page 277 of 943 Summit X460 X460G2 Series Switches 16423 Summit Core Lie from Adv Edge ExtremeXOS Advanced Software X460/01 Core License upgrade Warranty from Advanced Edge License for Summit X460 X460G2 series switches 16424 Summit MPLS Feature Pack ExtremeXOS MPLS Software X460/012 Feature Pack for Summit Warranty X460 X460G2 Series Switches 16425 Summit Open glow FeaturePack ExtremeXOS SDN Software X460/012 Open glow Feature Pack Warranty for Summit X460 X460G2 series switches 16426 Summit Multimedia(AVB) Pck ExtremeXOS Audio Software X460/012 Video Bridging Feature Warranty Pack for Summit X460 X460G2 series switches 16431 E4G E4G400AC/router 24 x 10/100/1000BASET I Year 06/30/ 8 x 100/1000BASEX Warranty 2023 unpopulated SIP (4 SI P ports shared with 10/100/1000BASE'r ports)Rear Slot A Rear Slot B with AC Power Supply Fan module 16432 E4G E4G40ODC/router 24 x 10/100/1000BASET I Year 06/30/ 8 x 100/1000BASEX Warranty 2023 unpopulated SIP (4 SI P ports shared with 10/100/1000BASE'r ports)Rear Slot A Rear Slot B with DC Power Supply Fan module 16440 E4G E4G20012xDC/router 12 x 100/1000BASEX I Year 06/30/ unpopulated SIP one Warranty 2023 front I/O slot one front Sync slot one internal DC PSIJ with two inputs 16441 E4G E4G20ODC/router 8 x 10/100/1000BASET 4 1 Year 06/30/ x 100/1000BASEX Warranty 2023 unpopulated SIP one front I/O slot one front Sync slot one internal DC PSIJ with two inputs Attachment D Page 121 of 471 Page 277 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16442 E4G E4G r`I 6'1 IE I/modul e 16 x RJ45 port front I Year 06/30/ plugin module supporting Warranty 2023 pseudowire emulation of 16 r 11h,1 16444 E4G E4GCI-K/module 2 x SMA port front plugin I Year 06/30/ module supporting BIrs Warranty 2023 1588v2 Synch, and rDM Line timing 16490 E4G E4G200 Ntwrk Ti mi ng ExtremeXOS Network Software 06/30/ 1588 PrP 'riming Feature Pack for Warranty 2023 E4G200 that enables 1588v2 PrP (Precision 'rime Protocol) 16491 E4G E4G200 Adv Edge Lic Extreme XOS Advanced Software 06/30/ MPLS Edge License Upgrade Warranty 2023 from Edge for E4G200 products and includes the MPDS feature pack 16492 E4G E4G200 Core Lic from Adv Extreme XOS Core Software 06/30/ Edge License Upgrade from Warranty 2023 Advanced Edge for E4G200 products 16493 E4G E4G200 Core Lic fr Edge Extreme XOS Core Software 06/30/ MPLS License Upgrade from Warranty 2023 Edge for E4G200 products and includes the MPDS feature pack 16495 E4G E4G400 Ntwrk Ti mi ng ExtremeXOS Network Software 06/30/ 1588 PrP 'riming Feature Pack for Warranty 2023 E4G400 that enables 1588v2 PrP (Precision 'rime Protocol) 16496 E4G E4G400 Core Lic from Adv Extreme XOS Core Software 12/31/ Edge License Upgrade from Warranty 2024 Advanced Edge for E4G400 products 16497 BD BDX83rd Party Optics ExtremeXOS 3rd Party No 12/31/ License Optics (4001 and I OOG) Warranty 2024 FeaturePack for BDX8 16498 BD 8K BD88003rd Party Optics ExtremeXOS 3rd Party No 12/31/ License Optics (4001 and I OOG) Warranty 2024 FeaturePack for BD8800 16499 Summit Summit 670V3rd Party ExtremeXOS 3rd Party No Optics Lic Optics (4001 and I OOG) Warranty FeaturePack for Summit 670 Attachment D Page 122 of 471 Page 278 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16501 Summit Summit X4408t 8 10/100/1 OOOBASE'r 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SFP SummitStack Warranty Stacking ports I AC PSIJ with ExtremeXOS Edge express license Advanced Hardware Replacern ent 16502 Summit Summit X4408p 8 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP Warranty SummitStack Stacking with ports I AC PSIJ express ExtremeXOS Edge Advanced license Hardware Replacern ent 16503 Summit Summit X44024t 24 10/100/1000BASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) SummitStack express Stacking ports I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 16504 Summit Summit X44024p 24 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP (4 SIP Warranty ports shared with with 10/100/1000BASE'r express ports) SummitStack Advanced Stacking ports I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 16505 Summit Summit X44048t 48 10/100/1 OOOBASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) SummitStack express Stacking ports I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent Attachment D Page 123 of 471 Page 279 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16506 Summit Summit X44048p 48 10/100/1000BASE'r Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASE'r express ports) Summit tack Advanced Stacking ports I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 16507 Summit Summit X44024tI0G 24 10/100/1000BASE'r 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) 2 IOC113ASEX express SI P+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 16508 Summit Summit X44024p I OG 24 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP (4 SIP Warranty ports shared with with 10/100/1000BASE'r express ports) 2 IOC113ASEX Advanced SI P+ I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 16509 Summit Summit X44048tI0G 48 10/100/1 OOOBASET 2 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (2 SIP ports shared Warranty with 10/100/1000BASE'r with ports) 2 IOC113ASEX express SI P+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 16510 Summit Summit X44048p I OG 48 10/100/1000BASET Limited 03/31/ PoEplus 2 IOOOBASEX Lifetime 2022 unpopulated SIP (2 SIP Warranty ports shared with with 10/100/1000BASE'r express ports) 2 IOC113ASEX Advanced SI P+ I AC PSIJ Hardware ExtremeXOS Edge Attachment D Page 124 of 471 Page 280 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 125 of 471 Page 281 of 943 license connector for Replacern external power supply ent 16513 Summit Summit X44024x 24 100/1000BASEX SIP Limited 03/31/ ports 4 gigabit combo Lifetime 2022 ports (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) Summit Stack express Stacking ports I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 16514 Summit Summit X44024xIOG 24 100/1000BASEX SIP Limited 03/31/ ports 4 gigabit combo Lifetime 2022 ports (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) 2 IOC113ASEX express SI P+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 16515 Summit Summit X4308p 8 10/100/1000BASET Limited 09/30/ PoE+ 2 IOOOBASEX Lifetime 2023 unpopulated SIP I AC Warranty PSIJ ExtremeXOS 1-2 with Edge license express Advanced Hardware Replacern ent 16516 Summit Summit X43024t 24 10/100/1000BASET 4 Limited 09/30/ IOOOBASEX unpopulated Lifetime 2023 SIP I AC PSIJ Warranty ExtremeXOS 1-2 Edge with license express Advanced Hardware Replacern ent 16517 Summit Summit X43024p 24 10/100/1000BASET Limited 09/30/ PoE+ 4 IOOOBASEX Lifetime 2023 unpopulated SIP I AC Warranty PSIJ ExtremeXOS 1-2 with Edge license express Advanced Attachment D Page 125 of 471 Page 281 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 126 of 471 Page 282 of 943 Hardware Replacern ent 16518 Summit Summit X43048t 48 10/100/1 OOOBASET 4 Limited 09/30/ IOOOBASEX unpopulated Lifetime 2023 SFP I AC PSIJ Warranty ExtremeXOS 1-2 Edge with license express Advanced Hardware Replacern ent 16519 Summit Summit X44024tDC 24 10/100/1000BASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASE'r with ports) Summit Stack express Stacking ports I DC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply. ent 16520 Summit Summit X44048tDC 48 10/100/1 OOOBASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASE'r with ports) Summit Stack express Stacking ports I DC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply. ent 16521 Summit Summit X440 Adv. Edge ExtremeXOS Advanced Software License Edge License for Summit Warranty X440 series switches 16522 Summit Summit X440 Open glow ExtremeXOS SDN Software FeaturePack Openflow Feature Pack Warranty for Summit X440 series switches 16523 Summit X440 Multimedia(AVB) ExtremeXOS Audio Software Feature Pck Video Bridging Feature Warranty Pack for Summit X440 series switches 16524 Summit X430 AVB Pk 100 streams ExtremeXOS Audio Software 09/30/ 8 ports Video Bridging Feature Warranty 2023 Pack for Summit X430 series switches Maximum Attachment D Page 126 of 471 Page 282 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 127 of 471 Page 283 of 943 of 100 active streams on no more than eight ports 16525 Summit Summit X4308p Mounting Rack Mounting it for I Year 09/30/ Kit Summit X4308p Switch Warranty 2023 16530 Summit X440G212t I OCII-,",4 X440G2 12 Limited 10/100/1000BASE'r 4 Lifetime lGbE unpopulated SIP Warranty upgradable to I OGbE with SFP+ I Fixed AC PSIJ I express RPS port ExtremeXOS Advanced Edge license Hardware Replacern ent-2 16531 Summit X440G212p I OCII-,",4 X440G2 12 Limited 10/100/1000BASE'r Lifetime POE + 4 1 GbE Warranty unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license Replacern ent-2 16532 Summit X440G224t I OCII-,",4 X440G2 24 Limited 10/100/1000BASE'r 4 Lifetime SIP combo 4 lGbE Warranty unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license Replacern ent-2 16533 Summit X440G224p I OCII-,",4 X440G2 24 Limited 10/100/1000BASE'r Lifetime POE 4 SIP combo 4 Warranty lGbE unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license Replacern ent-2 16534 Summit X440G248t I OCII-,",4 X440G248tIOC!I-,".4 long Limited description X440G2 48 Lifetime 10/100/1000BASE'r 4 Warranty SIP combo 4 lGbE with unpopulated SIP express upgradable to I OGbE Advanced Attachment D Page 127 of 471 Page 283 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 128 of 471 Page 284 of 943 SFP+ (2 combo/2 Hardware noncombo) 2 lGbE Replacern copper combo upgradable ent-2 to lOGbE I Fixed AC PSIJ I RPS port ExtremeXOS Edge license 16535 Summit X44001248p I OCII-,",4 X4400.12 48 Limited 10/100/1000BASE'r Lifetime POE 4 1 GbE Warranty unpopulated SIP with upgradable to I OGbE express SI P+ (2 combo/2 Advanced noncombo) 2 lGbE Hardware copper combo upgradable Replacern to lOGbE I Fixed AC ent-2 PSIJ I RPS port ExtremeXOS Edge license 16536 Summit X44001224tIO0!I-,".4DC X4400.12 24 Limited 10/100/1000BASE'r 4 Lifetime SIP combo 4 lGbE Warranty unpopulated SIP with upgradable to I OGbE express SI P+ I Fixed DC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license Replacern ent-2 16537 Summit X44001248tIO0!I-,".4DC X4400.12 48 Limited 10/100/1000BASE'r 4 Lifetime SIP combo 4 lGbE Warranty unpopulated SIP with upgradable to I OGbE express SI P+ (2 combo/2 Advanced noncombo) 2 lGbE Hardware copper combo upgradable Replacern to lOGbE I Fixed DC ent-2 PSIJ I RPS port ExtremeXOS Edge license 16538 Summit X44001224xIO0E4 X4400.12 24 unpopulated Limited IOOOBASEX SIP (4 Lifetime combo) 4 10/100/1000 Warranty combo 4 1 GbE with unpopulated SIP express upgradabl e to I OGbE Advanced Attachment D Page 128 of 471 Page 284 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 129 of 471 Page 285 of 943 SFP+ I Fixed AC PSIJ I Hardware RPS port ExtremeXOS Replacern Edge license ent-2 16539 Summit X44001224fx011-,".4 X4400.12 24 fixed Limited IOOBASI-,".F,X LC Lifetime connectors 4 I0113ASEX Warranty unpopulated SIP I Fixed with AC PSIJ I RPS port express ExtremeXOS Edge Advanced license OC to 60C Hardware operation Replacern ent-2 16540 Summit X44001212t8fx0l1-,".4 X4400.1212 Limited 10/100/1000BASE'r plus Lifetime 8 fixed IOOBASI-,".FX LC Warranty connectors 4 I0113ASEX with unpopulated SIP I Fixed express AC PSIJ I RPS port Advanced ExtremeXOS Edge Hardware license OC to 60C Replacern operation ent-2 16541 Summit X44001224t0 E4 X4400.12 24 fixed Limited 10/100/100013ASE'rX 4 Lifetime I0113ASEX unpopulated Warranty SIP I Fixed AC PSIJ I with RPS port ExtremeXOS express Edge license OC to 60C Advanced operation Hardware Replacern ent-2 16542 Summit Dual 1ObE Upgrade License that converts the Software License two nonstack lGbE SIP Warranty ports to be I OGbE SI P+ 16543 Summit Quad 1ObE Upgrade License that converts four Software License I0 bE SFP ports to be Warranty lOGbE SI P+ 16546 Summit Quad I OGbE Li c from Dual License that upgrades an Software I OGbE Lic already licensed Dual Warranty I OGbE switch to a Quad I OGbE switch 16560 FastPath 22012t1OCII-,",2 220Series 12 port Limited Switches 10/100/1000BASE'r 2 Lifetime lOGbE unpopulated SFP+ Warranty ports I Fixed AC PSIJ 1-2 with Switching with RIP and Express Static Routes I Advanced Attachment D Page 129 of 471 Page 285 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 130 of 471 Page 286 of 943 countryspecific power Hardware cord Replacern ent - B 16561 FastPath 22012p I OGF",2 220Series 12 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 2 10GbE Warranty unpopulated SI P+ ports I with Fixed AC PSIJ 1-2 Express Switching with RIP and Advanced Static Routes I Hardware countryspecific power Replacern cord ent- B 16562 FastPath 22024t I OGF",2 220Series 24 port Limited Switches 10/100/1000BASE'r 2 Lifetime lOGbE unpopulated SFP+ Warranty ports I Fixed AC PSIJ I with RPS port 1-2 Switching Express with RIP and Static Advanced Routes I countryspecific Hardware power cord Replacern ent - B 16563 FastPath 22024p I OGF,",2 220Series 24 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 2 10GbE Warranty unpopulated SI P+ ports I with Fixed AC PSIJ I RPS port Express 1-2 Switching with RIP Advanced and Static Routes I Hardware countryspecific power Replacern cord ent- B 16564 FastPath 22048t I OGF,",4 220Series 48 port Limited Switches 10/100/1000BASE'r 4 Lifetime lOGbE unpopulated SFP+ Warranty ports (2 LRM Capable) I with Fixed AC PSIJ I RPS port Express 1-2 Switching with RIP Advanced and Static Routes I Hardware countryspecific power Replacern cord ent- B 16565 FastPath 22048p I OGF,",4 220Series 48 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 4 10GbE Warranty unpopulated SI P+ ports with (2 LRM Capable) I Fixed Express AC PSIJ I RPS port 1-2 Advanced Switching with RIP and Hardware Attachment D Page 130 of 471 Page 286 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 131 of 471 Page 287 of 943 Static Routes I Replacern countryspecific power ent - B cord 16566 FastPath 21012tGF",2 210Series 12 port Limited Switches 10/100/1000BASE'r 2 Lifetime IGbE unpopulated SIP Warranty ports I Fixed AC PSIJ 1-2 with Switching with Static Express Routes I countryspecific Advanced power cord Hardware Replacern ent - B 16567 FastPath 21012pGF",2 210Series 12 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 2 1 GbE Warranty unpopulated SIP ports I with Fixed AC PSIJ 1-2 Express Switching with Static Advanced Routes I countryspecific Hardware power cord Replacern ent - B 16568 FastPath 21024tC1I-,",2 210Series 24 port Limited Switches 10/100/1000BASE'r 2 Lifetime IGbE unpopulated SIP Warranty ports I Fixed AC PSIJ 1-2 with Switching with Static Express Routes I countryspecific Advanced power cord Hardware Replacern ent - B 16569 FastPath 21024pC1I-,",2 210Series 24 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 2 1 GbE Warranty unpopulated SIP ports I with Fixed AC PSIJ 1-2 Express Switching with Static Advanced Routes I countryspecific Hardware power cord Replacern ent - B 16570 FastPath 21048tC1I-,",4 210Series 48 port Limited Switches 10/100/1000BASE'r 4 Lifetime IGbE unpopulated SIP Warranty ports I Fixed AC PSIJ 1-2 with Switching with Static Express Routes I countryspecific Advanced power cord Hardware Attachment D Page 131 of 471 Page 287 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 132 of 471 Page 288 of 943 Replacern ent - B 16571 FastPath 21048pGF",4 210Series 48 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 4 1 GbE Warranty unpopulated SIP ports I with Fixed AC PSIJ 1-2 Express Switching with Static Advanced Routes I countryspecific Hardware power cord Replacern ent - B 16572 FastPath 200Series Dual Rack Hardware kit for Limited Switches Mount Kit mounting two 12 port Lifetime 200Series switches (210 Warranty and/or 220) sidebyside in with a 19 inch rack Express Advanced Hardware Replacern ent - B 16573 FastPath 200Series Wall Mount Kit Hardware kit for wall Limited Switches mounting one 12 port Lifetime 200Series switch (either Warranty 210 or 220) with Express Advanced Hardware Replacern ent - B 16701 Summit X460G224t1OC1F".4Base Summit X460G2 24 Limited 10/100/1000BASE'r 8 Lifetime 100/1000BASEX unpopd Warranty SIP (4 SIP ports shared) with 4 1000/10CI13aseX unpopd express SFP+ ports Rear VIM Slot Advanced (unpopd) Rear,riming Hardware Slot (unpopd) 2 unpopd Replacern PSIJ slots fan module slot ent-2 (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater Attachment D Page 132 of 471 Page 288 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16702 Summit X460G248t1OGF,".413ase Summit X4600.12 48 Limited 10/100/1000BASE'r 4 Lifetime 1000/100I13aseX unpopd Warranty SFP+ ports Rear VIM Slot with (unpopd) hear Aiming express Slot (unpopd) 2 unpopd Advanced PSIJ slots fan module slot Hardware (unpopd) ExtremeXOS Replacern Advanced Edge license ent-2 with EXOS Release 22.1 or greater 16703 Summit X460G224p1OGE4Base Summit X460012 24 Limited 10/100/1000BASE'r Lifetime PoE+ 8 100/1000BASEX Warranty unpopd SIP (4 SIP ports with shared) 4 express 1000/100I13aseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rearriming Replacern Slot (unpopd) 2 unpopd ent-2 PSIJ slots fan module slot (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater 16704 Summit X460G248p1OGE4Base Summit X460G2 48 Limited 10/100/1000BASE'r Lifetime PoE+ 4 1000/10CI13aseX Warranty unpopd SI P+ ports Rear with VIM Slot (unpopd) Rear express 'riming Slot (unpopd) 2 Advanced unpopd PSIJ slots fan Hardware module slot (unpopd) Replacern ExtremeXOS Advanced ent-2 Edge license with EXOS Release 22.1 or greater 16705 Summit X460G224x1OGE4Base Summit X4600.12 24 Limited 100/1000BASEX unpopd Lifetime SIP 8 Warranty 10/100/1000BASEr (4 with ports shared) 4 express 1000/100I13aseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) hear Aiming Replacern Slot (unpopd) 2 unpopd ent-2 PSIJ slots fan module slot (unpopd) ExtremeXOS Attachment D Page 133 of 471 Page 289 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 134 of 471 Page 290 of 943 Advanced Edge license with EXOS Release 22.1 or greater 16706 Summit X46001248x10GE4Base Summit X4600.12 48 Limited 100/1000BASEX unpopd Lifetime SFP 4 1000/10GBaseX Warranty unpopd SI P+ ports Rear with VIM Slot (unpopd) Rear express 'riming Slot (unpopd) 2 Advanced unpopd PSIJ slots fan Hardware module slot (unpopd) Replacern ExtremeXOS Advanced ent-2 Edge license with EXOS Release 22.1 or greater 16710 Summit Summit X4600.12 VIM2q Optional Virtual Interface Limited Module for the rear of the Lifetime X4600.12 providing 2 Warranty 40C113ASEX ports with unpopulated QSFP+ express Advanced Hardware Replacern ent-2 16711 Summit Summit X4600.12 VIM2x Optional Virtual Interface Limited Module for the rear of the Lifetime X4600.12 providing 2 Warranty I OC113ASEX ports with unpopulated SI P+ express Advanced Hardware Replacern ent-2 16712 Summit Summit X4600.12 VIM2t Optional Virtual Interface Limited Module for the rear of the Lifetime X4600.12 providing 2 Warranty I OGBASE'r ports with express Advanced Hardware Replacern ent-2 16713 Summit Summit X4600.12 VIM2ss Optional Virtual Interface Limited Module for the rear of the Lifetime Warranty Attachment D Page 134 of 471 Page 290 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 135 of 471 Page 291 of 943 X4600.12 providing 2 ports with of Extremes SummitStack express Advanced Hardware Replacern ent-2 16714 Summit TIMING si-6T GND[AJG Modular Grounding Lug No Card for the X4600.12 that Warranty utilizes the 'riming Module slot (note that adding the grounding lug excludes use of the 16715 'riming Module) 16715 Summit Summit X4600.12,rmcl-K Optional 'riming Module Limited for the rear of the X4600.12 Lifetime providing the hardware Warranty for Synch, and 1588 Prp with clocking with 2 ports of express miniBNC connectors for Advanced clocking outputs Hardware Replacern ent-2 16716 Summit X46001224t01F,".413ase Summit X4600.12 24 Limited 10/100/1000BASE'r 8 Lifetime 100/1000BASEX unpopd Warranty SFP (4 SFP ports shared) with 4 IC113ASEX unpopd SIP express Rear VIM Slot (unpopd) Advanced hear aiming Slot Hardware (unpopd) 2 unpopd PSIJ Replacern slots fan module slot ent-2 (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater 16717 Summit X46001248t011-,".4Base Summit X4600.12 48 Limited 10/100/1000BASE'r 4 Lifetime IC113ASEX unpopd SIP Warranty Rear VIM Slot (unpopd) with hear aiming Slot express (unpopd) 2 unpopd PSIJ Advanced slots fan module slot Hardware (unpopd) ExtremeXOS Replacern Advanced Edge license ent-2 with EXOS Release 22.1 or greater Attachment D Page 135 of 471 Page 291 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16718 Summit X460G224pGE4Base Summit X460012 24 Limited 10/100/1000BASE'r Lifetime PoE+ 8 100/1000BASEX Warranty unpopd SIP (4 SIP ports with shared) 4 IC113ASEX express unpopd SIP Rear VIM Advanced Slot (unpopd) Rear Hardware 'riming Slot (unpopd) 2 Replacern unpopd PSIJ slots fan ent-2 module slot (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater 16719 Summit X460G248pGE4Base Summit X4600.12 48 Limited 10/100/1000BASE'r Lifetime PoE+ 4 IC113ASEX Warranty unpopd SIP Rear VIM with Slot (unpopd) Rear express 'riming Slot (unpopd) 2 Advanced unpopd PSIJ slots fan Hardware module slot (unpopd) Replacern ExtremeXOS Advanced ent-2 Edge license with EXOS Release 22.1 or greater 16720 Summit X460G216mp32p10011-,".4 16 100Mb/1.0/2.5 GbE Limited PoEplus 32 Lifetime 10/100/1000BASE'r Warranty PoEplus 4 with 1000/10CI13aseX express unpopulated SI P+ ports Advanced Rear VIM Slot (unpopd) Hardware Rearriming Slot Replacern (unpopd) 2 unpopulated ent-2 PSIJ slots fan module slot (unpopd) EXOS Advanced Edge license with p ficy 16755 Summit Summit X4600.12 Ntwrk ExtremeXOS Network Software 'riming 1588 'riming Feature Pack for Warranty Summit X4600.12 that enables 1588v2 PrP (Precision 'rime Protocol) Boundary Clock Attachment D Page 136 of 471 Page 292 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16756 Summit X460G224p24hp I OGE413as X4600.12 24 Limited e 10/100/1000BASE'r full Lifetime duplex PoE+ 24 Warranty 10/100/1000BASE'r with full/half duplex PoE+ 4 express 1000/100I13aseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rear,riming Replacern Slot (unpopd) 2 unpopd ent-2 PSIJ slots fan module slot (unpopd) ExtremeXOS Advanced Edge 16757 Summit X460G224t24ht10011-,".4Base X4600.12 24 Limited 10/100/1000BASE'r full Lifetime duplex 24 Warranty 10/100/1000BASE'r with full/half duplex 4 express 1000/100I13aseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rear,riming Replacern Slot (unpopd) 2 unpopd ent-2 PSIJ slots fan module slot (unpopd) ExtremeXOS Advanced Edge 16776 Summit Rear Rail Kit4 Post Adapter kit for adding No Mounting rear rails to enable four Warranty post mounting of X4600.12 and Summit 17 or deeper switches 16777 Summit Four Piece Rack Mount it Four Piece Rack Mount No Spare Kit Spare. Compatible Warranty with X4500.12 X4600.12 X620 (16 port models) X670 X670 X670 012 X690 X770 X870 16778 Smart X4400.12 EXOS MACsec ExtremeSwitching Software OmniEdge Feature Pack X4400.12 EXOS MACsec Warranty Switching Feature Pack. Enables MACsec for use with ExtremeSwitching I-RM/MACsec Adapter 16779 Smart X4500.12 EXOS MACsec ExtremeSwitching Software OmniEdge Feature Pack X4500.12 EXOS MACsec Warranty Switching Feature Pack. Enables MACsec for use with Attachment D Page 137 of 471 Page 293 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 138 of 471 Page 294 of 943 ExtremeSwitching [-RM/MACsec Adapter 16780 Smart X4600.12 EXOS Csec ExtremeSwitching Software OmniEdge Feature Pack X4600.12 EXOS MACsec Warranty Switching Feature Pack. Enables MACsec for use with X460G224p24hp 1001F,4 X460G224t24ht I OCII-,",4 models or ExtremeSwitching [-RM/MACsec Adapter 16790 Summit X59024xlq2c Base System ExtremeSwitching X590 I Year base unit with 24 Warranty lGb/I0Gb SFP+ ports I 10Gb/40Gb QSFP+ port 2 10Gb/25Gb/40Gb/50Gb/I 00Gb capable QSFP28 ports 2 unpopulated power supplies slots 4 unpopulated fan module slots ExtremeXOS Advanced Edge License 16791 Summit X59024tlq2c Base System Extreme Switching X590 I Year base unit with 24 Warranty 100Mb/I01b/100IBASE'r ports I 10Gb/40Gb QSFP+ port 2 10Gb/25Gb/40Gb/50Gb/I 00Gb capable QSFP28 ports 2 unpopulated power supplies slots 4 unpopulated fan module slots ExtremeXOS Advanced Edge License 16795 Summit X590 EXOS Core License Extreme Swi tchi ng X590 Software ExtremeXOS Core license Warranty upgrade from Advanced E ge 16801 Fixed 1-2 ISW 4port POE + 10/100 2Port 5 Year 410/100P21o/1oo'r2SFP 10/100 w/ 2port SFP Warranty Operating 'remperature 40C +75C 16802 Fixed 1-2 ISW 810/100P4SFP Sport POE + 10/100 w/ 5 Year 4port SFP Operating Warranty 'remperature 40C +75C Attachment D Page 138 of 471 Page 294 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16803 Fixed 1-2 ISW 4G13P2G13'r2SFP 4port POE + Gigabit 2port 5 Year Gigabit w/ 2port SF P Warranty Operating 'remperature 40C +75C 16804 Fixed 1-2 ISW 8G13P4SFP Sport POE + Gigabit w/ 5 Year 4port SF P Operating Warranty 'remperature 40C +75C 16805 Fixed 1-2 POE INJ75W24 24VDC GbE PoE injector 3 Year with 60/75W output Warranty Operating 'remperature 40C +75C 16806 Fixed 1-2 POE INJ3OW24 24VDC GbE PoE injector 3 Year with 30W output Warranty Operating 'remperature 40C +75C 16807 Fixed 1-2 IS ACDC PS 240W IS ACDC Power Supply 3 Year 240W Output DIN Rail 25 Warranty 70C 16920 Fixed 1-2 IS ACDC PS 48OW IS ACDC Power Supply 3 Year 48OW Output DIN Rail 25 Warranty 70C 17026 Summit Stacking Cable 1280E/64G Conversion cable for Limited LOM SummitStack256 and Lifetime SummitStack128 LOM Warranty with express Advanced Hardware Replacern ent 17030 Summit Stacking Cable 640E LOM SummitStack128 Stacking Limited Cable LOM Lifetime Warranty with express Advanced Hardware Replacern ent 17038 Summit Stacking Cable 640E/20G Conversion cable for Limited LOM SummitStack128 and Lifetime SummitStack LOM Warranty with express Advanced Hardware Attachment D Page 139 of 471 Page 295 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 140 of 471 Page 296 of 943 Replacern ent 17101 Summit Summit X670V48xFB 48 IOC113ASEX SI P+ one I Year VIM4 slot (unpopulated) Warranty ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot FronttoBack airflow fan module 17102 Summit Summit X670V48xBF 48 IOC113ASEX SI P+ one I Year VIM4 slot (unpopulated) Warranty ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot BacktoFront airflow fan module 17103 Summit Summit X67048xFB 48 IOC113ASEX SI P+ I Year ExtremeXOS Advanced Warranty Edge License unpopulated dual PSIJ power slot FronttoBack airflow fan module 17104 Summit Summit X67048xBF 48 IOC113ASEX SI P+ I Year ExtremeXOS Advanced Warranty Edge License unpopulated dual PSIJ power slot BacktoFront airflow fan module 17111 Summit Summit X670 fan module Fan module for Summit I Year FB X670 series switches Warranty FronttoBack airflow spare 17112 Summit Summit X670 fan module Fan module for Summit I Year BF X670 series switches Warranty BacktoFront airflow spare 17115 Summit FAN X870 Fan Module I Year ASSY1x229.2CFM12FB FronttoBack airflow Warranty 17116 Summit AN X870 Fan Module I Year ASSY1x229.2CFM12BF BacktoFront airflow Warranty 17121 Summit VIM34OG4X VIM34OG4X 4 1 Year 40C113ASEX QSFP+ ports Warranty module for Summit X650/X480 17122 Summit VIM44OG4X VIM44OG4X 4 1 Year 40C113ASEX QSFP+ ports Warranty module for Summit X670V Attachment D Page 140 of 471 Page 296 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 17131 Summit Summit X670 Series Core ExtremeXOS Core Software License License Summit X670 Warranty Series 17133 Summit Summit X670 MPLS ExtremeXOS MPLS Software Feature Pack Feature Pack for Summit Warranty X670 series switches 17134 Summit Summit X670 Open ow ExtremeXOS SDN Software FeaturePack Openflow Feature Pack Warranty for Summit X670 series switches 17135 Summit X670 Multimedia(AVB) ExtremeXOS Audio Software Feature Pck Video Bridging Feature Warranty Pack for Summit X670 series switches 17136 Summit X670G2,riming 1588 PTP ExtremeXOS Network Software 'riming Feature Pack for Warranty Summit X6700.12 enables 1588v2 PrP (Precision 'rime Protocol) 17137 Summit X6700.12 EXOS MACsec ExtremeSwitching Software Feature Pack X6700.12 EXOS MACsec Warranty Feature Pack. Enables MACsec for use with ExtremeSwitching [-RM/MACsec Adapter 17138 Summit X690 EXOS MACsec ExtremeSwitching X690 Software Feature Pack EXOS MACsec Feature Warranty Pack. Enables MACsec for use with ExtremeSwitching [-RM/MACsec Adapter 17139 Summit X590 EXOS MACsec ExtremeSwitching X590 Software Feature Pack EXOS MACsec Feature Warranty Pack. Enables MACsec for use with ExtremeSwitching [-RM/MACsec Adapter 17201 Summit Summit X670V48tr`BAC 48 IOGBASET 4 1 Year I00113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOGBaser ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 FronttoBack 550W AC Attachment D Page 141 of 471 Page 297 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 142 of 471 Page 298 of 943 power supplies FronttoBack airflow fans 17202 Summit Summit X670V48tI3FAC 48 IOGBASET 4 1 Year IOC113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOC113ase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 BacktoFront 550W AC power supplies BacktoFront airflow fans 17203 Summit Summit X670V48t[,'BDC 48 IOGBASE'r 4 1 Year IOC113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOC113ase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 FronttoBack 550W DC power supplies FronttoBack airflow fans 17204 Summit Summit X670V48tI3FDC 48 IOC BASET 4 1 Year IOC113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOC113ase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 BacktoFront 550W DC power supplies BacktoFront airflow fans 17205 Summit Summit X670V48tFBMIX 48 IOGBASET 4 1 Year IOC113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOC113ase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License I FronttoBack 550W AC Attachment D Page 142 of 471 Page 298 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 143 of 471 Page 299 of 943 power supply I FronttoBack 550W DC power supply FronttoBack airflow fans 17206 Summit Summit X670V48tBFMIX 48 IOGBASET 4 1 Year IOC113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOC113ase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License I BacktoFront 550W AC power supply I BacktoFront 550W DC power supply BacktoFront airflow fans 17300 Summit Summit 72 IOC113ASEX SI P+ I Year X670G272xBase(Jnit ExtremeXOS Advanced Warranty Edge License unpopulated dual PSIJ power slot and 5 unpopulated fan airflow slots 17310 Summit Summit 48 IOC113ASEX SI P+ and I Year X670G248x4qBase(Jnit 4 40C113ASEX QSFP+ Warranty ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot and 3 unpopulated fan airflow slots 17350 Summit X69048x2q4c X690 base unit with 48 1 Year IC!b/IOC!b SFP+ ports 2 Warranty IOC1b/40CIb QSFP+ ports 4 lOGb/25Gb/40C!b/50C!b/I OOGb capable QS P28 ports 2 unpopulated power supplies slots 6 unpopulated fan module slots ExtremeXOS Advanced Edge License 17360 Summit X69048t2q4c X690 base unit with 48 1 Year IGb/lOGBASE'r ports 2 Warranty IOC1b/40CIb QSFP+ ports 4 lOGb/25Gb/40C!b/50C!b/I Attachment D Page 143 of 471 Page 299 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 144 of 471 Page 300 of 943 OOGb capable QSFP28 ports 2 unpopulated power supplies slots 6 unpopulated fan module slots ExtremeXOS Advanced Edge License 17401 Summit X62016xBase X62016 Limited 100Mb/IGb/IOG13ASEX Lifetime SI P+ ports 2 unpopulated Warranty power supply slots I with unpopulated Fan Module express slot ExtremeXOS Edge Advanced license Hardware Replacem ent-2 17402 Summit X62016tBase X62012 Limited 10OMb/IGb/IOG13ASE'r Lifetime ports with EF,".E 4 Warranty 100Mb/IGb/IOG13ASE'r with with shared with 4 express IC b/lOGBASEX SFP+ Advanced ports 2 unpopulated power Hardware supply slots I unpopulated Replacem Fan Module slot ent-2 ExtremeXOS Edge license 17403 Summit X62016pBase X62012 Limited 100Mb/IGb/2.5Gb/5Gb/I Lifetime OGBASE'r PoE (8 PoE44- Warranty and 4 PoE+) and hhh, 4 with 100Mb/IGb/IOG13ASE'r express PoE+ and EF,".E shared Advanced with 4 IC b/lOGBASEX Hardware SI P+ ports 2 unpopulated Replacem power supply slots I ent-2 unpopulated Fan Module slot ExtremeXOS Edge license 17404 Summit X620IOxBase X62010 Limited 100Mb/IGb/IOG13ASEX Lifetime SI P+ ports integrated Warranty power supply and fans with ExtremeXOS Edge express license Advanced Hardware Attachment D Page 144 of 471 Page 300 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 145 of 471 Page 301 of 943 Replacern ent-2 17405 Summit X6208t2xBase X620 8 Limited 100Mb/IGb/I0GBASE'r Lifetime with and 2 Warranty 100Mb/IGb/I0GBASEX with SIP + ports integrated express power supply and fans Advanced ExtremeXOS Edge Hardware license Replacern ent-2 17431 Summit X620 Edge to Adv Edge ExtremeXOS Advanced Software License Edge License for X620 Warranty 17433 Summit X620 Multimedia(AVB) ExtremeXOS AVB Software FeaturePck (Audio Video Bridging) Warranty Feature Pack for X620 17434 Summit X620 Open glow ExtremeXOS SDN Software FeaturePack Openflow Feature Pack Warranty for X620 17435 Smart X620 EXOS Csec ExtremeSwitching X620 Software OmniEdge Feature Pack EXOS Csec Feature Warranty Switching Pack. Enables MACsec for use with ExtremeSwitching [-RM/MACsec Adapter 17701 Summit Summit X77032qFBAC 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 FronttoBack 550W AC power supplies 5 FronttoBack airflow fan modules 17702 Summit Summit X77032qBFAC 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 BacktoFront 550W AC power supplies 5 BacktoFront airflow fan modules 17703 Summit Summit X77032qFBDC 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 FronttoBack 550W DC Attachment D Page 145 of 471 Page 301 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 146 of 471 Page 302 of 943 power supplies 5 FronttoBack airflow fan modules 17704 Summit Summit X77032qBFDC 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 BacktoFront 550W DC power supplies 5 BacktoFront airflow fan modules 17705 Summit Summit X77032qFBMIX 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License I FronttoBack 550W AC power supply I FronttoBack 550W DC power supply 5 FronttoBack airflow fan modules 17706 Summit Summit X77032qBFMIX 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License I BacktoFront 550W AC power soppy I BacktoFront 550W DC power soppy 5 BacktoFront airflow fan modules 17725 Summit Summit X770 Series Core ExtremeXOS Core Software License License Summit X770 Warranty Series 17726 Summit Summit X770 MPLS ExtremeXOS MPLS Software Feature Pck Feature Pack for Summit Warranty X770 series switches 17727 Summit Summit X770 Open glow ExtremeXOS SDN Software FeaturePack Openflow Feature Pack Warranty for Summit X770 series switches 17728 Summit X770 Multimedia(AVB) ExtremeXOS Audio Software Feature Pck Video Bridging Feature Warranty Pack for Summit X770 series switches Attachment D Page 146 of 471 Page 302 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 17729 Summit Summit X770 'riming 1588 ExtremeXOS Network Software PrP 'riming Feature Pack for Warranty Summit X770 enables 1588v2 PrP (Precision 'rime Protocol) 17800 Summit X87032cBase X87032c Base unit 32 1 Year 10Gb/25Gb/40Gb/50Gb/I Warranty OOGb QS P28 ports unpopulated ExtremeXOS Advanced Edge License 2 unpopulated power supply slots 6 unpopulated fan module slots 17810 Summit X87096x8cBase X87096x8c Base unit 96 1 Year lOGb ports on 24 QS P28 Warranty ports unpopulated 8 lOGb/25Gb/40Gb/50Gb/I OOGb QS P28 ports unpopulated ExtremeXOS Advanced Edge License 2 unpopulated power supply slots 6 unpopulated fan module slots 17825 Summit X870 Core License ExtremeXOS X870 Software Series Core License Warranty 17826 Summit X870 Openflow License ExtremeXOS X870 Software Openflow Feature Pack Warranty 17828 Summit X870 MPDS License ExtremeXOS X870 Software MPDS License Warranty 17830 Summit X87096x8c 6 port Speed ExtremeXOS X87096x8c Software Lic Port Speed License Warranty upgrades 6 ports to lOGb/25Gb/40Gb/50Gb/I OOGb support 18001 Wireless 16502 X4408P 15761 Wireless Bundle Limited 06/30/ AP4511 IJS06 consisting of Qty I Lifetime 2020 X4408p and Qty 6 Warranty Altitude 4511 AP ITS with regulatory domain express Advanced Hardware Replacern ent 18002 Wireless 16502 X4408P 15762 Wireless Bundle Limited 06/30/ AP4511 WW06 consisting of Qty I Lifetime 2020 X4408p and Qty 6 Warranty Attachment D Page 147 of 471 Page 303 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 148 of 471 Page 304 of 943 Altitude 4511 AP with Worldwide regulatory express domain Advanced Hardware Replacern ent 18003 Wireless 16504 X44024P 15761 Wireless Bundle Limited 06/30/ AP4511 IJS12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 4511 AP ITS with regulatory domain express Advanced Hardware Replacern ent 18004 Wireless 16504 X44024P 15762 Wireless Bundle Limited 06/30/ AP4511 WW 12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 4511 AP with Worldwide regulatory express domain Advanced Hardware Replacern ent 18005 Wireless 16504 X44024P 15783 Wireless Bundle Limited 06/30/ AP4021i IJS12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 40211 AP ITS with regulatory domain express Advanced Hardware Replacern ent 18006 Wireless 16504 X44024P 15784 Wireless Bundle Limited 06/30/ AP4021i WW 12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 40211 AP with Worldwide regulatory express domain Advanced Hardware Replacern ent 18007 Wireless 16504 X44024P 15785 Wireless Bundle Limited 06/30/ AP4021e IJS12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 402 1 e AP with Attachment D Page 148 of 471 Page 304 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 149 of 471 Page 305 of 943 including Qty 48 express Antennas US regulatory Advanced domain Hardware Replacern ent 18008 Wireless 16504 X44024P 15788 Wireless Bundle Limited 06/30/ AP4021e WW12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 402 1 e AP with including Qty 48 express Antennas Worldwide Advanced regulatory domain Hardware Replacern ent 18009 Wireless 16506 X44048P 15761 Wireless Bundle Limited 06/30/ AP4511 IJS12 consisting of Qty I Lifetime 2020 X44048p and Qty 12 Warranty Altitude 4511 AP US with regulatory domain express Advanced Hardware Replacern ent 18010 Wireless 16506 X44048P 15762 Wireless Bundle Limited 06/30/ AP4511 WW 12 consisting of Qty I Lifetime 2020 X44048p and Qty 12 Warranty Altitude 4511 AP with Worldwide regulatory express domain Advanced Hardware Replacern ent 18011 Wireless 16506 X44048P 15764 Wireless Bundle Limited 06/30/ AP4532i (JS6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 45321 AP US with regulatory domain express Advanced Hardware Replacern ent 18012 Wireless 16506 X44048P 15765 Wireless Bundle Limited 06/30/ AP4532i WW6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 45321 AP with express Attachment D Page 149 of 471 Page 305 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 150 of 471 Page 306 of 943 Worldwide regulatory Advanced domain Hardware Replacern ent 18013 Wireless 16506 X44048P 15767 Wireless Bundle Limited 06/30/ AP4532e (JS6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 4532e AP with including Qty 36 express Antennas ITS regulatory Advanced domain Hardware Replacern ent 18014 Wireless 16506 X44048P 15768 Wireless Bundle Limited 06/30/ AP4532e WW6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 4532e AP with including Qty 36 express Antennas Worldwide Advanced regulatory domain Hardware Replacern ent 18015 Wireless 16502 X4408P 15782 Wireless Bundle Limited 06/30/ AP4511 EIJ06 consisting of Qty I Lifetime 2020 X4408p and Qty 6 Warranty Altitude 4511 AP with European Union express regulatory domain Advanced Hardware Replacern ent 18016 Wireless 16504 X44024P 15782 Wireless Bundle Limited 06/30/ AP4511 EIJ12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 4511 AP with European Union express regulatory domain Advanced Hardware Replacern ent 18017 Wireless 16504 X44024P 15804 Wireless Bundle Limited 06/30/ AP4021i EIJ12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 40211 AP with European Union express re ulatory domain Advanced Attachment D Page 150 of 471 Page 306 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 151 of 471 Page 307 of 943 Hardware Replacern ent 18018 Wireless 16504 X44024P 15808 Wireless Bundle Limited 06/30/ AP402 I e EIJ 12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 402 1 e AP with including Qty 48 express Antennas European Union Advanced regulatory domain Hardware Replacern ent 18019 Wireless 16506 X44048P 15782 Wireless Bundle Limited 06/30/ AP4511 EIJ12 consisting of Qty I Lifetime 2020 X44048p and Qty 12 Warranty Altitude 4511 AP with European Union express regulatory domain Advanced Hardware Replacern ent 18020 Wireless 16506 X44048P 15798 Wireless Bundle Limited 06/30/ AP4532i E(J6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 45321 AP with European Union express regulatory domain Advanced Hardware Replacern ent 18021 Wireless 16506 X44048P 15799 Wireless Bundle Limited 06/30/ AP4532e E(J6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 4532e AP with including Qty 36 express Antennas European Union Advanced regulatory domain Hardware Replacern ent 18101 VPE V40024tI OCII-,",2 V400 Series 24 Limited 10/100/1000BASE'r 2 Lifetime 1000/10CI13aseX Warranty unpopulated SI P+ ports with fixed power supply and express fan Advanced Hardware Attachment D Page 151 of 471 Page 307 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 152 of 471 Page 308 of 943 Replacern ent 18102 VPE V40024p I OGE2 V400 Series 24 Limited 10/100/1000BASE'r Lifetime PoE+ 2 1000/10CI13aseX Warranty unpopulated SI P+ ports with fixed power supply and express fans Advanced Hardware Replacern ent 18103 VPE V 4 0 0 4 8 t 10 CIF", 4 V400 Series 48 Limited 10/100/1000BASE'r 4 Lifetime 1000/10CI13aseX Warranty unpopulated SI P+ ports with fixed power supply and express fan Advanced Hardware Replacern ent 18104 VPE V40048pIOGE4 V400 Series 48 Limited 10/100/1000BASE'r Lifetime PoE+ 4 1000/10CI13aseX Warranty unpopulated SI P+ ports with fixed power supply and express fans Advanced Hardware Replacern ent 18201 VPE VXRPSCH3 VX 3 Slot Redundant Limited Power Supply Shelf Lifetime Warranty with express Advanced Hardware Replacer ent 18202 VPE VXRPSIOOO VX IOOOW Redundant Limited Power Supply Lifetime Warranty with express Advanced Hardware Attachment D Page 152 of 471 Page 308 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 153 of 471 Page 309 of 943 Replacer ent 27001 Network ECASW ExtremeManagement Software Managerne ExtremeControl Warranty nt Extrem eAn a] yti c s Subscription License. Requires associated service for each managed network device and/or user. 30135 IdentiFi WSC35 WIRE, LESS WSC35 WI -AN I Year Wireless APPLIANCE Appliance. Manages 50 Warranty Access Points expandable to 125 in I or 16 AP increments. Requires Re ulatory Domain Key 30136 IdentiFi WSC5215 WI -AN WSC5215 WI -AN I Year Wireless CON'rROLLER Appliance. Manages 100 Warranty Access Points expandable to 1000 in 25 or 100 AP increments. Requires Re ulatory Domain Key. 30137 IdentiFi El 120 ExtremeCloud Appliance I Year Wireless El 120 expandable to 125 Warranty APs/Defenders and 50 Switches (Requires Separate Activation Key) 30138 IdentiFi E2120 ExtremeCloud Appliance I Year Wireless E2120 expandable to Warranty 2000 APs/Defenders and 800 Switches (Requires Separate Activation Key) 30139 Smart E3120 ExtremeCloud Appliance I Year OmniEdge E3120 expandable to Warranty Wireless 5000 APs/Defenders and 1000 Switches (Requires Separate Activation Key) 30311 IdentiFi WSREGIOPFCC VIO Regulatory Domain Software Wireless Key for FCC domain (For Warranty following countries ITS Puerto Rico Colombia). Enables WI -AN appliances and access points with appropriate RF settings for the country. Attachment D Page 153 of 471 Page 309 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 30312 IdentiFi WSREGIOPROW VIO Regulatory Domain Software Wireless Key for ROW domain Warranty (For Rest of World). Enables WI -AN appliances and access points with appropriate RF settings for the country. 30313 IdentiFi WSV211010FCC V2110 VIO Virtual Software Wireless Wireless Appliance for Warranty FCC domain (For following countries ITS Puerto Rico Colombia). Base of 8 APs expandable to 525 APs in I or 16 AP increments includes 2 free Radar licenses. 30314 IdentiFi WSV211010ROW V2110 V10 Virtual Software Wireless Wireless Appliance for Warranty ROW regulatory domain (For Rest of World). Base of 8 APs expandable to 525 APs in I or 16 AP increments includes 2 free Radar licenses. 30315 IdentiFi WSREGIOPBASE VIO Base Key to be used Software Wireless with appliances managing Warranty 3900 series or higher series access points. Enables WI -AN appliances and access points with appropriate RF settings for the country 30316 IdentiFi WSV211010BASE VIO Base Key to be used Software Wireless with V2110 virtual Warranty appliance managing 3900 series or higher series access points. Base of 8 APs expandable to 525 APs in I or 16 AP increments includes 2 free Radar licenses. 30320 IdentiFi ExtremeWireless V2110 PRDVEGY Software Wireless VIO Reg Key EGYPT ExtremeWireless VIO Warranty Re ulatory Key for Attachment D Page 154 of 471 Page 310 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 155 of 471 Page 311 of 943 V2110 Virtual Appliances for Egypt 30321 IdentiFi ExtrerneWireless VIO Reg PRDKEGY Software Wireless Key EGYP'r ExtrerneWireless V I O Warranty Regulatory Key for Hardware Appliances for Egypt 30323 IdentiFi Activation Key (V4) ExtrerneCloud Appliance Software Wireless Physical Appliance V4 Warranty Activation Key 30324 IdentiFi Activation Key (V4) ExtrerneCloud Virtual Software Wireless Virtual Appliance Activation Key Warranty (F".xcept Egypt). Applies to VE6120 or VE6125. Activation capacity urchased separately. 30325 IdentiFi Activation Key (V4) for ExtrerneCloud Appliance Software Wireless Egypt Physical Appliance V4 Warranty Activation Key for EGYP'r ONLY 30326 IdentiFi Activation Key (V4) ExtrerneCloud Virtual Software Wireless Virtual EGY Appliance Activation Key Warranty for Egypt. Applies to VE6120 or VE6125. Activation capacity urchased separately. 30327 IdentiFi 5 Device Adoption ExtrerneCloud Appliance Software Wireless 5 Device Adoption Warranty License (Requires Subscription Purchase 9700330327 or 9560330327) 30328 IdentiFi 25 Device Adoption ExtrerneCloud Appliance Software Wireless 25 Device Adoption Warranty License (Requires Subscription Purchase 9700330328 or 9560330328) 30329 IdentiFi 100 Device Adoption ExtrerneCloud Appliance Software Wireless 100 Device Adoption Warranty License (Requires Subscription Purchase 9700330329 or 9560330329) 30330 IdentiFi 500 Device Adoption ExtrerneCloud Appliance Software Wireless 500 Device Adoption Warranty Attachment D Page 155 of 471 Page 311 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 156 of 471 Page 312 of 943 License (Requires Subscription Purchase 9700330330 or 9560330330) 30331 IdentiFi 2000 Device Adoption ExtremeCloud Appliance Software Wireless 2000 Device Adoption Warranty License (Requires Subscription Purchase 9700330331 or 9560330331) 30350 IdentiFi XCA 5 Lev Adoption Perm ExtremeCloud Appliance Software Wireless License 5 device permanent Warranty adoption license 30351 IdentiFi X0125 Lev Adoption ExtremeCloud Appliance Software Wireless Perm License 25 device permanent Warranty adoption license 30352 IdentiFi XCA 100 Lev Adoption ExtremeCloud Appliance Software Wireless Perm License 100 device permanent Warranty adoption license 30353 IdentiFi XCA 500 Lev Adoption ExtremeCloud Appliance Software Wireless Perm License 500 device permanent Warranty adoption license 30354 IdentiFi XCA 2000 Lev Adoption ExtremeCloud Appliance Software Wireless Perm License 2000 device permanent Warranty adoption license 30512 WING WSPS112VMR2 12V PWR Multi region 12V Indoor I Year Wireless SPRY External Power Supply Warranty Wing 30513 IdentiFi WSMBIWALI-03 WALL Indoor wall mounting I Year Wireless m,rG B RK'r bracket for AP3 93 5i/e Warranty 30514 WiNG WSMBOAR'roi Outdoor articulating I Year Wireless Articulating Mt g Brkt mounting bracket for Warranty AP3965i/e 30515 IdentiFi WSMBWAII-EX,roi Wall mounting bracket I Year Wireless extension for indoor and Warranty outdoor directional service antennas 30516 WING WSMBIWALI-04 Wall Indoor wall mounting I Year Wireless Mt g Brkt bracket for AP3916ic Warranty 30517 WiNG WSEIO01 AP Enclosure Indoor/Outdoor AP I Year Wireless enclosure for underseat Warranty install 30518 WING WSMBIDcm'rR01 Drop Ceiling muitiT Rail I Year Wireless Bracket. Accommodates Warranty 9/16 15/16 and 1.5 wide 'rbars Attachment D Page 156 of 471 Page 312 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 30519 WING WS1 BOH01 H'rYPE Outdoor H'rype mounting I Year Wireless m,rG B RK'r bracket for AP3917i/e or Warranty AP 7662 i/e 30520 WING WSMBOPO[.E01 POLE Outdoor Pole mounting I Year Wireless m,rG B RK'r bracket for AP3917i/e or Warranty AP 7662 i/e 30521 IdentiFi WSMBIWALI-05 DESK Wall and Desk offset I Year Wireless m,rG B RK'r mounting bracket for Warranty AP3912i 30522 IdentiFi WSPS1750W01 750W redundant power I Year Wireless supply for network Warranty appliances (validate supported model numbers before ordering) 30524 WING WSE1002 Silicone Rubber Silicone Rubber Chamfer I Year Wireless Kit Gasket Kit for WSEIOO I Warranty AP Enclosure 30525 WING WSCABRJ45FF'roi 300mm Ethernet I Year Wireless extension cable with RJ45 Warranty receptaclefor AP3915i or WSM131WAI-1-05 30527 Smart WSPSI1100W01 I I OOW Redundant Power I Year OmniEdge Supply for E3120 Warranty Wireless 30702 IdentiFi WSAIDQ05120 5DBI Indoor 2.3 2.7/4.96. 1 GI-Iz I Year Wireless 120DEG SECTOR 4feed 5dBi 120 degree Warranty sector antenna with standard RPSMAtype lu connector 30703 IdentiFi WSA15QO4060 4dbi 60deg Indoor 4.96. 1 GHz 4feed I Year Wireless Sector 4dBi 60 degree sector Warranty antenna with standard RPSMAtype plug 30704 IdentiFi WSA12QO5060 5dbi 60deg Indoor 2.32.7GHz 4feed I Year Wireless Sector 5dBi 60 degree sector Warranty antenna with standard RPSMAtype plug connector 30705 IdentiFi WSAIDE07025 6.5/5DBI Indoor 2.40-1z/50-lz I Year Wireless 25DEG SECT OR eight feed 6.5/5.5dBi 25 Warranty degree sector antenna with standard RPSMAtype lu connector 30706 IdentiFi WSA15QO5025 5DBI Indoor 5G1-Iz four feed I Year Wireless 25DEG SECTOR 5dBi 25 degree sector Warranty Attachment D Page 157 of 471 Page 313 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 158 of 471 Page 314 of 943 antenna with RPSMAtype plug connector 30707 IdentiFi WSAIDE10055 10/6DBI Indoor 2.40-1z/50-lz I Year Wireless 55DEG SECT OR eight feed 10/6dBi 55 Warranty degree sector antenna with standard RPSMAtype lu connector 30709 IdentiFi WsANTMIN DIPOLE Indoor 2AGHz dipole I Year Wireless antenna (4pack) Warranty 30710 IdentiFi WsAN'r5DIP4 DIPOLE Indoor 5G1-Iz dipole I Year Wireless antenna (4pack) Warranty 1 30711 IdentiFi WSAODQ05120N 5DBI Outdoor I Year Wireless 120DEG SEC'rOR 2.3 2.7/4.96. 1 GI-Iz 4feed Warranty 5dBi 120 degree sector antenna with standard Ntype plug connector 30712 IdentiFi WSA05QO4060N 4dBi Outdoor 4.96. 1 GI-Iz 4feed I Year Wireless 60deg Sector 4dBi 60 degree sector Warranty antenna with standard Ntype plug 30713 IdentiFi WSA02QO5060N 5dbi Outdoor 2.32.70-1z 4feed I Year Wireless 60deg Sector 5dBi 60 degree sector Warranty antenna with standard Ntype plug connector 30714 IdentiFi WSAODE07025N Outdoor 2.40-1z/50-lz I Year Wireless 6.5/5DBI 25DEG SECT OR eight feed 6.5/5.5dBi 25 Warranty degree sector antenna with standard Ntype plug connector 30715 IdentiFi WSAODE13025N Outdoor 2.40-1z/50-lz I Year Wireless 13/11L BI 25L EG eight feed 13/11 dBi 25 Warranty SECT OR degree sector antenna with standard Ntype plug connector 30716 IdentiFi WSA05QO5025N 5DBI Outdoor 5G1-Iz four feed I Year Wireless 25DEG SEC'rOR 5dBi 25 degree sector Warranty antenna with standard Ntype plug connector 30717 IdentiFi WSA05Q I 1025N I IL BI Outdoor 5G1-Iz four feed I Year Wireless 25DEG SECT OR I I dBi 25 degree sector Warranty antenna with standard Ntype plug connector 30718 IdentiFi WSAODE10055N 10/6DBI Outdoor 2.40-1z/50-lz I Year Wireless 55DEG SECT OR eight feed 10/6dBi 55 Warranty degree sector antenna with Attachment D Page 158 of 471 Page 314 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 159 of 471 Page 315 of 943 standard Ntype plug connector 30720 IdentiFi WSAODE0710ON 7dbi Outdoor I Year Wireless 100deg Panel 2.42.5/5.155.8750-lz Warranty Eightfeed 7dBi 100 degree panel antenna with standard Ntype plug connector 30724 WiNG WSAODQ0436ON 4DBI Outdoor I Year Wireless OMNI 2.42.5/5.155.8750-lz Warranty 4dBi Omni antenna with standard Ntype plug connector 30912 IdentiFi WSAP3805iFCC Cloudready Dual band Limited 06/30/ Wireless Dual Radio 802.1 lac/abgn Lifetime 2023 2x221 IMO Indoor Wave Warranty I access point with four with internal antenna array. express Available in the US Advanced Puerto Rico and Hardware Colombia. Replacer ent-2 30913 IdentiFi WSAP3805iROW Cloudready Dual band Limited 06/30/ Wireless Dual Radio 802.1 lac/abgn Lifetime 2023 2x221 IMO Indoor Wave Warranty I access point with four with internal antenna array. express Not available in the ITS Advanced Puerto Rico nor Colombia Hardware verify country availability Replacer before ordering ent-2 31012 IdentiFi WSAP3935iFCC Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty access point with eight with internal antenna array and express active/active EYN data Advanced ports. Restricted Hardware Regulatory Domain FCC Replacer (For following countries ent-2 US Puerto Rico Colombia) 31013 IdentiFi WSAP3935iROW Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty access point with ei ht with Attachment D Page 159 of 471 Page 315 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 160 of 471 Page 316 of 943 internal antenna array and express active/active EYN data Advanced ports. Restricted Hardware Regulatory Domain Rest Replacern of World ent-2 31014 IdentiFi WSAP3935eFCC Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty access point with eight with reverse polarity SMA express connectors (4 connectors Advanced per band) for external Hardware antenna array and Replacer active/active EYN data ent-2 ports. Restricted Regulatory Domain FCC (For following countries US Puerto Rico Colombia) 31015 IdentiFi WSAP3935eROW Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty access point with eight with reverse polarity SMA express connectors (4 connectors Advanced per band) for external Hardware antenna array and Replacer active/active EYN data ent-2 ports. Restricted Regulatory Domain Rest of World 31016 IdentiFi WSAP3965iFCC Dual band Dual Radio I Year Wireless 802.11 ac/abgn 4x44 Warranty MIMO Outdoor wave2 access point with eight internal antenna array and active/active EYN data ports. Restricted Regulatory Domain FCC (For following countries US Puerto Rico Colombia) 31017 IdentiFi WSAP3965iROW Dual band Dual Radio I Year Wireless 802.11 ac/abgn 4x44 Warranty MIMO Outdoor wave2 access point with ei ht Attachment D Page 160 of 471 Page 316 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 161 of 471 Page 317 of 943 internal antenna array and active/active EYN data ports. Restricted Regulatory Domain Rest of World 31018 IdentiFi WSAP3965eFCC Dual band Dual Radio I Year Wireless 802.11 ac/abgn 4x44 Warranty MIMO Outdoor wave2 access point with eight Ntypejack connectors (4 connectors per band) for external antenna array and active/active EYN data ports. Restricted Regulatory Domain FCC (For following countries US Puerto Rico Colombia) 31019 IdentiFi WSAP3965eROW Dual band Dual Radio I Year Wireless 802.11 ac/abgn 4x44 Warranty MIMO Outdoor wave2 access point with eight Ntypejack connectors (4 connectors per band) for external antenna array and active/active EYN data ports. Restricted Regulatory Domain Rest of World 31020 IdentiFi WSAP3935ill- ExtremeWireless Dual Limited Wireless band Dual Radio Lifetime 802.11 ac/abgn 4x44 Warranty MIMO Indoor wave2 with access point with eight express internal antenna array and Advanced active/active EYN data Hardware ports. Restricted Replacern Re ulatory Domain Israel ent-2 31025 IdentiFi WSAP3912iFCC Wallplate Cloudready Limited Wireless Dual band Dual Radio Lifetime 802.11 ac/abgn 2x22 Warranty MIMO Indoor Wave 2 with access point with four express internal antenna array. Advanced Available in the US Hardware Attachment D Page 161 of 471 Page 317 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 162 of 471 Page 318 of 943 Puerto Rico and Replacem Colombia. ent-2 31026 IdentiFi WSAP3912iROW Wallplate Cloudready Limited Wireless Dual band Dual Radio Lifetime 802.11 ac/abgn 2x22 Warranty MIMO Indoor Wave 2 with access point with four express internal antenna array. Advanced Verify country availability Hardware before ordering not Replacem available in the ITS Puerto ent-2 Rico nor Colombia. 31028 IdentiFi WSAP3915iFCC Cloudready Dual band Limited Wireless Dual Radio 802.1 lac/abgn Lifetime 2x221 IMO Indoor Wave Warranty 2 access point with four with internal antenna array and express integrated B,r[-E/802.15.4 Advanced radio. Available in the US Hardware Puerto Rico and Replacem Colombia. ent-2 31029 IdentiFi WSAP3915iROW Cloudready Dual band Limited Wireless Dual Radio 802.1 lac/abgn Lifetime 2x221 IMO Indoor Wave Warranty 2 access point with four with internal antenna array and express integrated B,r[-E/802.15.4 Advanced radio. Verify country Hardware availability before Replacem ordering No'r available in ent-2 the ITS Puerto Rico nor Colombia. 31031 IdentiFi WSAP3915eFCC Cloudready Dual band Limited Wireless Dual Radio 802.1 lac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point with three with external antenna ports and express integrated B,r[-E/802.15.4 Advanced radio. Available in the US Hardware Puerto Rico and Replacem Colombia. ent-2 31032 IdentiFi WSAP3915eROW Cloudready Dual band Limited Wireless Dual Radio 802.1 lac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point w/ 3 with Attachment D Page 162 of 471 Page 318 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 163 of 471 Page 319 of 943 external antenna ports express integrated B,r[-E/802.15.4 Advanced radio. Verify country Hardware availability before Replacer ordering No'r available in ent-2 US Puerto Rico or Columbia. 31034 IdentiFi WSAP3916icFCC AP + Video Camera I Year Wireless Cloudready Dual band Warranty Dual Radio 802.1 lac/abgn 2x22 MIMO Indoor Wave 2 access point with four internal antenna array and integrated B,r[-E/802.15.4 radio. Available in the ITS Puerto Rico and Colombia. 31035 IdentiFi WSAP3916icROW AP + Video Camera I Year Wireless Cloudready Dual band Warranty Dual Radio 802.1 lac/abgn 2x22 MIMO Indoor Wave 2 access point with four internal antenna array and integrated B,r[-E/802.15.4 radio. Verify country availability before ordering No'r available in the ITS Puerto Rico nor Colombia. 31050 IdentiFi WSAP3917iFCC Cloudready Dual band I Year Wireless Dual Radio 802.1 lac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four internal antenna array. Available in the US Puerto Rico and Colombia. 31051 IdentiFi WSAP3917iROW Cloudready Dual band I Year Wireless Dual Radio 802.1 lac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four internal antenna array. Verify country availability before ordering not available in Attachment D Page 163 of 471 Page 319 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 164 of 471 Page 320 of 943 the US Puerto Rico Colombia nor Israel. 31055 IdentiFi WSAP3917eFCC Cloudready Dual band I Year Wireless Dual Radio 802.1 lac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four external antenna ports. Available in the ITS Puerto Rico and Colombia. 31056 IdentiFi WSAP3917eROW Cloudready Dual band I Year Wireless Dual Radio 802.1 lac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four external antenna ports. Verify country availability before ordering not available in the US Puerto Rico Colombia nor Israel. 32216 WING WSMBVVMM Vehicle Vehicle Mounted Modem I Year Wireless Bracket Bracket Warranty 36502 Smart I-BSBI-E2AP Bluetooth beacon No OmniEdge 2alkaline batteries fully Warranty Wireless provisioned 36504 Smart 1,BSB[-E2[-P Bluetooth beacon No OmniEdge 2lithium batteries fully Warranty Wireless provisioned 36506 Smart I-BSBI-E4AP Bluetooth beacon 4 No OmniEdge alkaline batteries fully Warranty Wireless provisioned 36508 Smart 1,BSB[-E4[-P Bluetooth beacon 4 No OmniEdge lithium batteries fully Warranty Wireless provisioned 36510 Smart I.BSBI-EIJSBP Bluetooth beacon (TSB No OmniEdge fully provisioned Warranty Wireless 36511 Smart I.BSB[-E2AIJ8 Bluetooth beacon No OmniEdge 2alkaline batteries not Warranty Wireless provisioned (8Pack) 36513 Smart I.BSBI-E2I-(J8 Bluetooth beacon No OmniEdge 2lithium batteries not Warranty Wireless provisioned (8Pack) Attachment D Page 164 of 471 Page 320 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 36515 Smart 1,BSB[-E4AIJ8 Bluetooth beacon 4 No OmniEdge alkaline batteries not Warranty Wireless provisioned (8Pack) 36517 Smart IBSBI-E4I-(J8 Bluetooth beacon 4 No OmniEdge lithium batteries not Warranty Wireless provisioned (8Pack) 36519 Smart 1,BSBI-EIJSBIJIOO Bluetooth beacon (TSB No OmniEdge not provisioned (10OPack) Warranty Wireless 37101 WING AP761268OB301JS 802.1 lac Wallplate Limited Wireless Wedge M(JMIMO 2x22 Lifetime Dual radio internal Warranty antenna Domain United Wing States Puerto Rico 37102 WING AP761268OB30WR 802.1 lac Wallpate Wedge Limited Wireless M(JMIMO 2x22 Dual Lifetime radio internal antenna Warranty Domain Canada Colombia Wing IHMEA Rest of World 37103 WING AP761268OB30EG WING 802.1 lac Wallpate Limited Wireless Wedge Wave 2 2x22 Dual Lifetime radio internal antenna Warranty Domain Egypt Wing 37111 WING AP763268OB301JS WING 802.11 ac Indoor Limited Wireless Wave 2 MUMIMO Lifetime Access Point 2x22 Dual Warranty Radio Wing 802.11 ac/abgninternal antenna Domain United States Puerto Rico 37112 WING AP763268OB30WR WING 802.11 ac Indoor Limited Wireless Wave 2MUMIMO Access Lifetime Point 2x22 Dual Radio Warranty 802.11 ac/abgn internal Wing antenna Domain Canada Colombia EMF".A Rest of World 37113 WING AP763268OB401JS WING 802.11 ac Indoor Limited Wireless Wave 2 MUMIMO Lifetime Access Point 2x22 Dual Warranty Radio Wing 802.11 ac/abgnexternal antenna Domain United States Puerto Rico 37114 WING AP763268OB40WR WING 802.11 ac Indoor Limited Wireless Wave 2MUMIMO Access Lifetime Attachment D Page 165 of 471 Page 321 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 166 of 471 Page 322 of 943 Point 2x22 Dual Radio Warranty 802.11 ac/abgnexternal Wing antenna Domain Canada Colombia EMF".A Rest of World 37115 WING AP763268OB30EG WING 802.11 ac Indoor Limited Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 802.11 ac/abgninternal Wing antenna Domain Egypt 37116 WiNG AP763268OB40EG WiNG 802.11 ac Indoor Limited Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 802.11 ac/abgnexternal Wing antenna Domain Egypt 37117 WiNG AP7632680133011- WiNG 802.11 ac Indoor Limited Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 802.11 ac/abgninternal Wing antenna Domain Israel 37121 WiNG AP766268OB301JS WiNG 802.11 ac Outdoor I Year Wireless Wave 2 MIJMIMO Warranty Access Point 2x22 Dual Wing Radio 802.11 ac/abgninternal antenna Domain United States Puerto Rico 37122 WING AP766268OB30WR WING 802.11 ac Outdoor I Year Wireless Wave 2MIJMIMO Access Warranty Point 2x22 Dual Radio Wing 802.11 ac/abgn internal antenna DomainCanada Colombia EMF".A Rest of World 37123 WING AP766268OB401JS WING 802.11 ac Outdoor I Year Wireless Wave 2 MIJMIMO Warranty Access Point 2x22 Dual Wing Radio 802.11 ac/abgnexternal antenna Domain United States Puerto Rico 37124 WING AP766268OB40WR WING 802.11 ac Outdoor I Year Wireless Wave 2 MIJMIMO Warranty Access Point 2x22 Dual Wing Radio 802.11 ac/abgnexternal Attachment D Page 166 of 471 Page 322 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 167 of 471 Page 323 of 943 antenna Domain Colombia EMI -,".A Rest of World 37129 WING AP766268OB40EG WING 802.11 ac Outdoor I Year Wireless Wave 2 Access Point Warranty 2x22 Dual Radio Wing 802.11 ac/abgnexternal antenna Domain Egypt 37130 WING AP7662680133011- WING 802.11 ac Outdoor I Year Wireless Wave 2 Access Point Warranty 2x22 Dual Radio Wing 802.11 ac/align Internal antenna Domain Israel 37201 WING Mounting Plate for Indoor Mounting Plate for Indoor I Month Wireless APs APs Warranty Wing 37210 WING Flat Metal Indoor Bracket Flat Metal Indoor Bracket I Month Wireless Warranty Wing 37211 WING WSMBIDCF[-(JSH Drop Ceiling Flat'riie I Month Wireless 'roar Bracket. Warranty Accommodates 9/16 Wing 15/16 and 1.5 wide 'roars 37215 WiNG PWR 12VDC 2A 2.5mm x PWR 12VDC 2A 2.5mm I Month Wireless 5.5mm connector x 5.5mm connector. Warranty Global AC plugs included Wing 37219 Smart PWR 12VDC 3A 2.5mm x PWR 12VDC 3A 2.5mm I Year OmniEdge 5.5mm connector x 5.5mm connector. Warranty Wireless Global AC plugs included 37421 WING EGuestI-IC1AP ExtremeGuest Analytics Software Wireless License for IAP Warranty 37422 WING EGuestI-IC5AP ExtremeGuest Analytics Software Wireless License for 5APs Warranty 37423 WING EGuestI-IC10AP ExtremeGuest Analytics Software Wireless License for 10APs Warranty 37424 WING EGuestI-IC50AP ExtremeGuest Analytics Software Wireless License for 50APs Warranty 37425 WING EGuestI-IC100AP ExtremeGuest Analytics Software Wireless License for 100APs Warranty 37426 WING EGuestI-IC500AP ExtremeGuest Analytics Software Wireless License for 500APs Warranty 37427 WING EGuestI-IC1000AP ExtremeGuest Analytics Software Wireless License for 1000APs Warranty 37428 WING EGuestI-IC2000AP ExtremeGuest Analytics Software Wireless License for 2000APs Warranty Attachment D Page 167 of 471 Page 323 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 39016 Subscriptio Cloud WI -AN Mgmt FCC Cloud WI -AN VIO Software n Reg Domain Subscription Licenses for Warranty Management Control and BYOD FCC Regulatory Domain (Used for Mixed 3 7XX/3 8XX/3 9XX Deployments Restricted to Qualified Partners) 39017 Subscriptio Cloud WI -AN Mgmt ROW Cloud WI -AN VIO Software n Domain Subscription Licenses for Warranty Management Control and BYOD ROW Regulatory Domain (Used for Mixed 3 7XX/3 8XX/3 9XX Deployments Restricted to Qualified Partners) 39018 Subscriptio Cloud WI -AN Mgmt Base Cloud WI -AN VIO Base Software n Subscription Licenses for Warranty Management Control and BYOD Worldwide (Only used with 39XX deployments Restricted to Qualified Partners) 39021 IdentiFi 802.1 lac Wave 2 Wireless Extreme Networks I Year 12/30/ Wireless Demo Bundle FCC 802.11 ac Wave 2 4400.12 Warranty 2024 Partner DemoKit for US Puerto Rico and Colombia 39022 IdentiFi 802.1 lac Wave 2 Wireless Extreme Networks I Year 07/25/ Wireless Demo Bundle EIJ 802.11 ac Wave 2 4400.12 Warranty 2023 Partner DemoKit for the European Union (EU) 39023 IdentiFi 802.1 lac Wave 2 Wireless Extreme Networks I Year 12/30/ Wireless Demo Bundle ROW 802.11 ac Wave 2 4400.12 Warranty 2024 Partner DemoKit for Rest of World including 1 -,",MEA 39031 IdentiFi WSAP3805i2x1 Limited time 2 for I Limited 06/30/ Wireless promotion for the Lifetime 2023 AP3805i (verify country Warranty availability before with ordering) express Advanced Hardware Replacer ent-2 Attachment D Page 168 of 471 Page 324 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 39032 IdentiFi WSAP3825i2x1 Limited time 2 for I Limited 12/31/ Wireless promotion for the Lifetime 2022 AP3825i (verify country Warranty availability before with ordering) express Advanced Hardware Replacern ent-2 39033 IdentiFi WSAP3805iFCC2xI Limited time 2 for I Limited 06/20/ Wireless promotion for the Lifetime 2023 AP3805iFCC (available in Warranty the ITS Puerto Rico and with Colombia) express Advanced Hardware Replacern ent-2 39034 IdentiFi WSAP3805iROW2xI Limited time 2 for I Limited 12/31/ Wireless promotion for the Lifetime 2022 AP3805i ROW (not Warranty available for the ITS with Puerto Rico nor Colombia express verify RestofWorld Advanced country availability before Hardware ordering) Replacern ent-2 39035 IdentiFi WSAP3865e2x1 Limited time 2 for I Limited 03/31/ Wireless promotion for the Lifetime 2023 AP3865e (verify country Warranty availability before with ordering) express Advanced Hardware Replacern ent-2 39036 IdentiFi WSAP3912iFCC2xI Limited time 2 for I Limited 06/28/ Wireless promotion for the Lifetime 2024 AP3912iFCC (available in Warranty the ITS Puerto Rico and with Colombia) express Advanced Hardware Replacern ent-2 Attachment D Page 169 of 471 Page 325 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 39037 IdentiFi WSAP3912iROW2xI Limited time 2 for I Limited 06/28/ Wireless promotion for the Lifetime 2024 AP3 912i ROW (Not Warranty available in FCC region with verify RestofWorld express country availability before Advanced ordering) Hardware Replacern ent-2 39038 IdentiFi WSAP3935iFCC2xI Limited time 2 for I Limited 12/28/ Wireless promotion for the Lifetime 2023 AP3935iFCC (available in Warranty the ITS Puerto Rico and with Colombia) express Advanced Hardware Replacern ent-2 39039 IdentiFi WSAP3935iROW2xI Limited time 2 for I Limited 12/28/ Wireless promotion for the Lifetime 2023 AP3935iROW (not Warranty available for the ITS with Puerto Rico nor Colombia express verify RestofWorld Advanced country availability before Hardware ordering) Replacern ent-2 39505 Smart SA201 Defender Adapter 201 1 Year OmniEdge with two 10/100/1000 Warranty Wireless BASE' r ports (I network port and I device port) power from POI -,",/POE+ optional power adapter sold separately. Verify country availability before ordering. 39521 Smart Defender Lic for 10 End Defender License for 10 Software OmniEdge Systems Protected End Systems Warranty Applicatio ns 39522 Smart Defender Lic for 100 End Defender License for 100 Software OmniEdge Systems Protected End Systems Warranty Applicatio ns Attachment D Page 170 of 471 Page 326 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 39523 Smart Defender Lic for 1000 End Defender License for Software OmniEdge Systems 1000 Protected End Warranty Applicatio Systems ns 39524 Smart Defender Lic for 5000 End Defender License for Software OmniEdge Systems 5000 Protected End Warranty Applicatio Systems ns 39525 Smart Defender Lic for 10000 End Defender License for Software OmniEdge Systems 10000 Protected End Warranty Applicatio Systems ns 41011 BD 8K BD 8810 10 Slot Chassis BlackDiamond 8810 1 Year 06/30/ lOSlot Chassis (Includes Warranty 2023 Fan 'rray) 41012 BD 8K BD 8806 6Slot Chassis Black Diamond 8806 1 Year 06/30/ 6Slot Chassis (Includes Warranty 2023 Fan 'rray) 41050 BD 8K BD 8806 60OW/900W PSIJ BD 8806 60OW/90OW I Year 06/30/ 100240V PSIJ Warranty 2023 41114 BD 8K BD 8806 AC PSIJ Cover BlackDiamond 8806 PSIJ I Year 06/30/ cover (includes power Warranty 2023 cord retainer bracket) 41115 BD 8K BD 8810 AC PSIJ Cover BlackDiamond 8810 PSIJ I Year 06/30/ cover (includes power Warranty 2023 cord retainer bracket) 41121 BD 8K BD 8800 / BD 12800 Spare BlackDiamond 12K I Year 06/30/ Blank Panel BlackDiamond 8800 Warranty 2023 Spare Blank Panel 41141 BD 8K BD 8810 Mid Mount Kit BlackDiamond 8810 Mid I Year 06/30/ Mount it Warranty 2023 41151 BD 8K BD Cable Management BlackDiamond Cable I Year 06/30/ Clip Kit Management Clip Kit Warranty 2023 1 41213 BD 8K BD 8800 MS 48c BlackDiamond 8800 1 Year 06/30/ Management Switch Warranty 2023 Module optional I/O port 41216 BD 8K BD 880OMSM96 Management Switch I Year 06/30/ Module Warranty 2023 41231 BD 8K BD 8900MSM128 Management Switch I Year 06/30/ Module Warranty 2023 1 41251 BD 8K BD 850OMSM24 Management Switch Limited 03/04/ Module Lifetime 2020 Warranty with express Advanced Attachment D Page 171 of 471 Page 327 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 172 of 471 Page 328 of 943 Hardware Replacern ent 41312 BD 8K BD 8800 MPLS Feature ExtremeXOS MPLS Software 06/30/ Pack Feature Pack for Warranty 2023 BlackDiamond 8800 series switches requires MSM128 890OXI- interface modules and ExtremeXOS 12.5 (or rester 41314 BD 8K BD 8800 Core License BlackDiamond 8800 Software 06/30/ ExtremeXOS Core Warranty 2023 Software Upgrade Openflow Feature Pack 41516 BD 8K BD 8800 G48're2 BlackDiamond 8800 1 Year 06/30/ 48port Warranty 2023 10/100/1000BASE'r RJ45 edge optional POE card 41517 BD 8K BD 8800 G48'rc BlackDiamond 8800 1 Year 06/30/ 48port Warranty 2023 10/100/1000BASE'r RJ45 o2tional POE card 41521 BD 8K BD 890OG48Xx1 48port IOOOBASEX SIP I Year 06/30/ Warranty 2023 41531 BD 8K BD 890OG48,rx1 48port I Year 06/30/ 10/100/1000BASE'r RJ45 Warranty 2023 41532 BD 8K BD 890OG96,rc 96port I Year 06/30/ 10/100/1000BASE'r Warranty 2023 MRJ21 41543 BD 8K BD 8800 G24Xc BlackDiamond 8800 1 Year 06/30/ 24port IOOOBASEX Warranty 2023 miniCII31C 41544 BD 8K BD 8800 G48Xc BlackDiamond 8800 1 Year 06/30/ 48port IOOOBASEX Warranty 2023 miniCII31C 41561 BD 8K BD 850OG24Xe 24port IOOOBASEX SIP Limited 03/04/ Lifetime 2020 Warranty with express Advanced Hardware Replacern ent Attachment D Page 172 of 471 Page 328 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 41614 BD 8K BD 8800 IOG4Xc BlackDiamond 8800 4port I Year 06/30/ l0GBASEXFP Warranty 2023 41615 BD 8K BD 8800 IOG8Xc BlackDiamond 8800 Sport I Year 06/30/ l0GBASEXFP Warranty 2023 41631 BD 8K BD 890010G8Xx1 Sport IOC113ASEX XIP I Year 06/30/ Warranty 2023 1 41711 BD 8K BD 89004OG6Xxm BlackDiamond 8900xm I Year 06/30/ 6port 40C113ASEX QSFP+ Warranty 2023 Module 41811 BD 8K BD 8800 SPOE BlackDiamond 8800 POE I Year 06/30/ Card (addon module for Warranty 2023 8800 G48'rc 8899 G48're2 and 850OG48're) 41821 BD 8K BD 8800 SG8Xc BlackDiamond 8800 Sport I Year 06/30/ I G SIP card (addon Warranty 2023 module for MSM48c) 41822 BD 8K BD 8800 SIOGIXc BlackDiamond 8800 1port I Year 06/30/ I OG XIP card (addon Warranty 2023 module for MSM48c) 41823 BD 8K BD 8800 SIOG2Xc BlackDiamond 8800 2port I Year 06/30/ IOC113ASEX SI P+ card Warranty 2023 (addon module for MSM24 MSM48c and MSM128) 48001 BD BDX8AC BlackDiamond X8 Series I Year 06/30/ chassis with 8 I/O slots. Warranty 2023 Chassis includes 5 Fan 'trays. Power Supplies or Blank Panels are not included. 48011 BD BDXPSIJAC2500 250OW AC Power Supply I Year 06/30/ for BlackDiamond X Warranty 2023 series chassis. Up to 8 supported in the BDX8 chassis. 48015 BD BDX8FAN Fan Tray for I Year 06/30/ BlackDiamond X8 chassis Warranty 2023 spare. 5 fan trays required in the system. 48018 BD BDXIOBLANKE Enhanced Blank Panel for I Year 06/30/ BlackDiamond X series Warranty 2023 chassis for empty I/O module slot 48020 BD BDX8MMK Mid Mount it for I Year 06/30/ BlackDiamond X8 chassis Warranty 2023 Attachment D Page 173 of 471 Page 329 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 48021 BD BDXMMI Management Module I I Year 06/30/ for BlackDiamond X Warranty 2023 series chassis. 2 modules required for 14-1 redundancy. 48031 BD BDXAFM2o,r 5.12,rbps Fabric Module I Year 06/30/ for BlackDiamond X Warranty 2023 chassis. Minimum 3 modules required for wirespeed performance 4 required for N+1 redundancy supporting full 20,1,17 s. 48032 BD BDXAFMlo,r 2.56,rbps Fabric Module I Year 06/30/ for BlackDiamond X Warranty 2023 chassis. Minimum 3 modules required for wirespeed performance 4 required for N+1 redundancy supporting full 10,1,17 s. 48038 BD BDXAG48'r 48Port IGBASET RJ45 I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 384 wirespeed 100/1000MbE copper ports and work with either 2.56 or 5.12,1,17ps Fabric Modules. 48039 BD BDXAG48X 48Port IC113ASEX SIP I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 384 wirespeed GbE copper ports and work with either 2.56 or 5.12'rbps Fabric Modules. 48040 BD BDXAlOG48'r 48Port IOGBASET RJ45 I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis Attachment D Page 174 of 471 Page 330 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 175 of 471 Page 331 of 943 support up to 384 wirespeed 10GbE copper ports and work with either 2.56 or 5.12'rbps Fabric Modules. 48041 BD BDXAlOG48X 48Port IOC113ASEX SFP+ I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 384 wirespeed 10GbE ports and work with either 2.56 or 5.12'rbps Fabric Modules. Optics and cables are not included. 48046 BD BDXA40Gl2X 12port 40C113ASEX I Year 06/30/ QSFP+ module for Warranty 2023 BlackDiamond X series chassis 48047 BD BDX1340G12XXI- 12Port 40C113ASEX XL I Year 06/30/ QSFP+ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 96 wirespeed 40CIbE or 384 wirespeed 10GbE ports and work with either 2.56 or 5.12'rbps Fabric Modules. Licenses optics and cables are not included. 48051 BD BDXA40G24X 24Port 40C113ASEX I Year 06/30/ QSFP+ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 192 wirespeed 40CIbE or 768 wirespeed 10GbE ports and only work with 5.12,rbps Fabric Module. Optics and cables are not included. Attachment D Page 175 of 471 Page 331 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 48061 BD BDXB100G4X 4Port 100GBASEX CFP2 I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 32 wirespeed 100011E or 320 wirespeed 10GbE ports and work with either 2.56 or 5.12'rbps Fabric Modules. Optics and cables are not included. 48062 BD BDXBIOOG4XXI- 4Port 100GBASEX XL I Year 06/30/ CI P2 module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 32 wirespeed 100011E or 320 wirespeed 10GbE ports and work with either 2.56 or 5.12'rbps Fabric Modules. Licenses optics and cables are not included. 48093 BD BDXMPLSLIC MPLS Feature Pack Software 06/30/ license for the Warranty 2023 BlackDiamond X8 chassis 48094 BD BDXCORELIC Core license for the Software 06/30/ BlackDiamond X8 chassis Warranty 2023 for scalable Layer 3 rich applications Open glow Feature Pack 60020 BD 8K 70OW/120OW 100240V 70OW/120OW I Year 06/30/ PSU 100240VAC Power Warranty 2023 Supply Unit 60021 BD 8K 120OW 48V DC PSIJ 120OW 48V DC Power I Year 06/30/ Supply Unit Warranty 2023 65046 BD 8K BD 8806 / BD 12804 Mid BlackDiamond 8806 1 Year 06/30/ Mount Kit BlackDiamond 12804 Warranty 2023 Mid Mount it 85108 Network INFO GOVERNANCE INFORMATION Software Manageme ENGINE up'ro io GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE Attachment D Page 176 of 471 Page 332 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 177 of 471 Page 333 of 943 soi-urION up,ro to DEVICES 85109 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE up'rO 25 GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE SC uj'rm up'rO 25 DEVICES 85110 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE up'rO 50 GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE SC uj'rm up'rO 50 DEVICES 85111 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE up,ro ioo GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE SC uj'rm up,ro ioo DEVICES 85112 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE up'rO 250 GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE SC uj'rm up'rO 250 DEVICES 85113 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE up'rO 500 GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE SC uj'rm up'rO 500 DEVICES 85114 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE U DEVICES GOVERNANCE Warranty nt ENGINE NE'rwORK COMPLIANCE SC uj'rm UNRE s'rRIC'rED 85115 Network UPGRADE IGIH.10'ro INFORMATION Software Managerne IGIH,25 GOVERNANCE Warranty nt ENGINE UPGRADE IGE10'ro IGIH.25 85116 Network UPGRADE IGIH.25 TO INFORMATION Software Managerne I Gl-,", 5 0 GOVERNANCE Warranty nt ENGINE UPGRADE IGE25 'ro IGIH.50 Attachment D Page 177 of 471 Page 333 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 85117 Network UPGRADE IGIH.50 'ro Ire FORMA'riON Software Managerne I GIH, 10 0 GOVERNANCE Warranty nt ENGINE UPGRADE IGIH.50 'ro igi-,".ioo 85118 Network UPGRADE IGIH.100 TO INFORMATION Software Managerne IGIH,250 GOVERNANCE Warranty nt ENGINE UPGRADE igi-,".ioo 'ro IGIH.250 85119 Network UPGRADE IGIH.250 TO INFORMATION Software Managerne I GIH, 5 0 0 GOVERNANCE Warranty nt ENGINE UPGRADE IGIH.250 'ro IGIH.500 85120 Network UPGRADE IGIH.500 TO INFORMATION Software Managerne IGIH.0 (JNRES'rRIC'rED GOVERNANCE Warranty nt ENGINE UPGRADE IGIH.500'ro icii-,".[T UNRE s'rRIC'rED 86100 Network ExtremeManagement ExtremeManagement I Year Managerne Appliance NMSA25 Appliance NMSA25 Warranty nt manages up to 5K Devices 86101 Network ExtremeManagement ExtremeManagement I Year Managerne Appliance NMSA305 Appliance NMSA305 Warranty nt manages up to loll Devices 87100 NAC ExtremeControl Appliance ExtremeControl I Year IAA25 Appliance IAA25 up to Warranty 12K ES 87101 NAC ExtremeControl Appliance ExtremeControl I Year IAA305 Appliance IAA305 up to Warranty 24K ES 88100 AppID ExtremeAnalytics Extrem eAn a] yti c s I Year Appliance PVA305 Appliance PVA305 up to Warranty 13M FPM 88201 AppID EA lk Client Lic ExtremeAnalytics lk Software Client license Warranty 88202 AppID EA 3k Client Lic Extrem eAn a] yti c s 3k Software Client license Warranty 88203 AppID EA l2k Client Lic ExtremeAnalytics l2k Software Client license Warranty 88211 AppID EA Virtual Sensor VS100 ExtremeAnalytics Virtual Software 10 Instance Lic Sensor VS100 10 Instance Warranty License 88212 AppID EA Virtual Sensor VS250 ExtremeAnalytics Virtual Software 10 Instance Lic Sensor VS250 10 Instance Warranty License Attachment D Page 178 of 471 Page 334 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89001 Security I-MG2AIOs'rD Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Standard Appliance (Base 500 EPS) 89002 Security I.MG2AIOs,rDHA Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Standard HA Appliance (Base 500 EPS) 89003 Security I-MG2AIoi-,".N,r Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise Appliance (Base 1000 EPS) 89004 Security I-MG2AI6T".N'rHA Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise HA Appliance (Base 1000 EPS) 89005 Security I-MG2AI6T".N'rPi- Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise Plus Appliance (Base 1000 EPS) 89006 Security I-MG2AIoi-,".N,rp[-IIA Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise Plus HA Appliance (Base 1000 EPS) 89007 Security I.MG2AIOVIR Extreme Log Software 06/01/ Management G2 Warranty 2020 AL[ INONE Virtual (Base 100 EPS) 89008 Security I.MG2AIOVIRHA Extreme Log Software 06/01/ Management G2 Warranty 2020 AL[ INONE Virtual HA (Base 100 EPS) 89009 Security I-MG2CONI-,".N,r Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Appliance 89010 Security I-MG2CONI-I Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise HA AppBance Attachment D Page 179 of 471 Page 335 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89011 Security I-MG2CONI-,".N'rPi- Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Plus Appliance 89012 Security I-MG2CONI-,.N,rP[-HA Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Plus HA Appliance 89013 Security I.MG2CONVIR Extreme Log Software 06/01/ Management G2 Warranty 2020 CONSOLE Virtual 89014 Security I.MG2CONVIR14A Extreme Log Software 06/01/ Management G2 Warranty 2020 CONSOLE Virtual HA 89015 Security I-MG2EVPT".N'r Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise Appliance Base 2500 EPS) 89016 Security I-MG2EVPT".N'rHA Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise HA Appliance (Base 2500 EPS) 89017 Security I-MG2EVPT".N'rPF Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise Plus Appliance (Base 2500 EPS) 89018 Security I-MG2EVpi-,".N,rP[-HA Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise Plus HA Appliance (Base 2500 EPS) 89019 Security I.MG2EVPVIR Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Virtual (Base 100 EPS) 89020 Security I.MG2EVPVIR14A Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Virtual HA (Base 100 EPS) 89021 Security I.MG2ADDIOOE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 100 License 89022 Security I.MG2ADDIOOEHA Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 100 HA License 89023 Security I.MG2ADDO.51KE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Attachment D Page 180 of 471 Page 336 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 181 of 471 Page 337 of 943 Increase 500 to 1000 License 89024 Security I.MG2A D DO. 5 1 Kl-,",14A Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 500 to 1000 HA License 89025 Security I.MG2ADD12.5KE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 1000 to 2500 License 89026 Security I.MG2ADD12.5K1-,".I4A Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 1000 to 2500 HA License 89027 Security I.MG2ADD2.5KE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 2500 License 89028 Security I.MG2ADD2.5KEHA Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 2500 HA License 89029 Security I-MG2C0NuPT".N'r Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Upgrade to CONSOLE linter prise 89030 Security I-MG2C0NuPT".N'rHA Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise HA Upgrade to CONSOLE Enterprise HA 89031 Security I-MG2C0NuPT".N'rPi- Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus Upgrade to CONSOLE Enterprise Plus 89032 Security I-MG2C0NuPT".N'rPI-HA Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus HA Upgrade to CONSOLE Enterprise Plus HA 89033 Security I-MG2SI1-,";IAI0uPs'rD Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Standard Attachment D Page 181 of 471 Page 337 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 182 of 471 Page 338 of 943 Convert to SIEM AL[ INONE Standard 89034 Security LMG2SI1-,".MAIOuPs'rDH Extreme Log Software 06/01/ A Management G2 Warranty 2020 AL[ INONE Standard HA Convert to SIEM AL[ INONE Standard HA 89035 Security I-MG2 SI1-,".MAIO tjpi-,".N,r Extreme Log Software 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise Convert to SIEM AL[ INONE Enterprise 89036 Security LMG2SIEMAIO1JP1-,".N'rH Extreme Log Software 06/01/ A Management G2 Warranty 2020 AL[ INONE Enterprise HA Convert to SIEM AL[ INONE Enterprise HA 89037 Security I-MG2 SIIH.MAI 0 tjpi-,".N,r PL Extreme Log Software 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise Plus Convert to SIEM AL[ INONE Enterprise Plus 89038 Security I-MG2 SI1-,".MAIO tjpi-,".N,r PL Extreme Log Software 06/01/ 14A Management G2 Warranty 2020 AL[ INONE Enterprise Plus HA Convert to SIIH.M AL[ INONE Enterprise Plus HA 89039 Security LMG2SI1-,".MAIO1JP1K2.5 Extreme Log Software 06/01/ KE Management G2 Warranty 2020 AL[ INONE Convert to SIEM AL[ INONE EPS Increase 1000 to 2500 License (Fcar hath Enterprise Enterprise Plus) 89040 Security LMG2SI1-,".MAIO1JP1K2.5 Extreme Log Software 06/01/ KEHA Management G2 Warranty 2020 AL[ INONE Convert to SIEM AL[ INONE EPS Increase 1000 to 2500 License HA License (For both Enterprise Enterprise Plus) Attachment D Page 182 of 471 Page 338 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89041 Security LMG2SI1-,".MAIO(JP2.5KE Extreme Log Software 06/01/ Management G2 Warranty 2020 AL[ INONE Convert to SIEM AL[ INONE EPS Increase 2500 SW License (For both Enterprise Enterprise Plus) 89042 Security LMG2SIEMAIO(JP2.5KE Extreme Log Software 06/01/ 14A Management G2 Warranty 2020 AL[ INONE Convert to SIEM AL[ INONE EPS Increase 2500 SW HA License (Fcar hath Enterprise Enterprise Plus) 89043 Security I-MG2SIEMCONIJPI-,".N,r Extreme Log Software 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Convert to SIEM CONSOLE Enterprise 89044 Security LMG2SI1-,".MCONuPT".N'rH Extreme Log Software 06/01/ A Management G2 Warranty 2020 CONSOLE Enterprise HA Convert to SIEM CONSOLE Enterprise HA 89045 Security I-MG2 SIIH.MCON tjpi-,".N,rP Extreme Log Software 06/01/ 1, Management G2 Warranty 2020 CONSOLE Enterprise Plus Convert to SIEM CONSOLE Enterprise Plus 89046 Security LMG2SI1-,".MCONuPT".N'rP Extreme Log Software 06/01/ LI A Management G2 Warranty 2020 CONSOLE Enterprise Plus HA Convert to SIIH.M CONSOLE Enterprise Plus HA 89047 Security I-MG2 Sll-,".MEVP tjpi-,".N,r Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Enterprise Convert to SIEM EVP Enterprise 89048 Security I-MG2S I1-,".MEVPuPT".N'rH Extreme Log Software 06/01/ A Management G2 EVP Warranty 2020 Enterprise HA Convert to SIEM EVP Enterprise HA Attachment D Page 183 of 471 Page 339 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89049 Security I-MG2SIEMEV P upi-,".N'r P Extreme Log Software 06/01/ 1, Management G2 EVP Warranty 2020 Enterprise Plus Convert to SIEM EVP Enterprise Plus 89050 Security LMG2SI1-,".MEVPuPT".N'rP Extreme Log Software 06/01/ LHA Management G2 EVP Warranty 2020 Enterprise Plus HA Convert to SIE M EVP Enterprise Plus HA 89051 Security LMG2SIEMF".VP(JP2.5KE Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Convert to SIE M EVP EPS Increase 2500 SW License (For both Enterprise Enterprise Plus) 89052 Security LMG2SI1-,".MEVP(JP2.5KE Extreme Log Software 06/01/ 14A Management G2 EVP Warranty 2020 Convert to SIE M EVP EPS Increase 2500 SW HA License (For both Enterprise Enterprise Plus) 89053 Security LMG21-SADD50 Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 50 89054 Security LMG21-SADD500 Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 500 89055 Security LMG21-SADDIK Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 1000 89056 Security LMG21-SADD5K Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 5000 89057 Security LMG21-SADDIOK Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 10000 89058 Security SRMG2AP[- Extreme Security Risk I Year 06/01/ Manager G2 Appliance Warranty 2020 Base 50 Sources) 89059 Security SRMG2VIR Extreme Security Risk Software 06/01/ Manager G2 VM License Warranty 2020 (Base 50 Sources) Attachment D Page 184 of 471 Page 340 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89060 Security SRMG2ADD50 Extreme Security Risk Software 06/01/ Manager G2 50 Sources Warranty 2020 Increase SW License 89061 Security SRMG2ADD100 Extreme Security Risk Software 06/01/ Manager G2 100 Source Warranty 2020 Increase SW License 89062 Security SRMG2ADD250 Extreme Security Risk Software 06/01/ Manager G2 250 Source Warranty 2020 Increase SW License 89063 Security SRMG2ADD500 Extreme Security Risk Software 06/01/ Manager G2 500 Source Warranty 2020 Increase SW License 89064 Security SRMG2ADD1K Extreme Security Risk Software 06/01/ Manager G2 1000 Source Warranty 2020 Increase SW License 89065 Security SRMG2ADD2.5K Extreme Security Risk Software 06/01/ Manager G2 2500 Source Warranty 2020 Increase SW License 89066 Security SRMG2ADD5K Extreme Security Risk Software 06/01/ Manager G2 5000 Source Warranty 2020 Increase SW License 89067 Security SVMG2SAAPI- Extreme Security I Year 06/01/ Vulnerability Manager G2 Warranty 2020 Standalone Appliance ( Base 255 scanning assets + 50 EPS Log Management) (No Integration with other SIEM or I -lam products) 89068 Security SVMG2SAVIR Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Standalone VM License (Base 255 scanning assets + 50 EPS Log Management) (No Integration with other SIEM or I -lam products) 89069 Security SVMG20NBOX Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 ON BOARD for Console or AllinOne SW License 89070 Security SVMG20FFBOXAPI- Extreme Security I Year 06/01/ Vulnerability Manager G2 Warranty 2020 OFF BOARD for Console or AllinOne Appliance Attachment D Page 185 of 471 Page 341 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 186 of 471 Page 342 of 943 (Base on Base 255 scanning assets) 89071 Security SVMG20FFBOXVIR Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 OFF BOARD for Console or AllinOne VM SW License (Base on Base 255 scanning assets) 89072 Security SVMG2ADD256 Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 256 89073 Security SVMG2ADD1K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 1024 89074 Security SVMG2ADD2K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 2048 89075 Security SVMG2ADD4K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 4096 89076 Security SVMG2ADD8K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 8192 89077 Security SVMG2ADD16K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 16384 89078 Security SVMG2ADD32K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 32768 89079 Security SII -;l G2AIOs,rD Extreme SIE M G2 I Year 06/01/ ALLINONE Standard Warranty 2020 Appliance (Base lK EPS 25K Flows) 89080 Security SII-,";lG2AIOs,rDHA Extreme SIIH.M G2 I Year 06/01/ AL[ INONE Standard HA Warranty 2020 Appliance (Base lK EPS 25K Flows) 89081 Security SII-,";lG2AI6T".N'r Extreme SIE M G2 I Year 06/01/ AL[ INONE Enterprise Warranty 2020 Attachment D Page 186 of 471 Page 342 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 187 of 471 Page 343 of 943 Appliance (Base IK EPS 25K Flows) 89082 Security SII-,";lG2AI6T".N'rHA Extreme SIE M G2 I Year 06/01/ ALLINONE Enterprise Warranty 2020 HA Appliance (Base IK EPS 25K Flows) 89083 Security SII -;l G2Ai6T".N'rPi- Extreme SIE M G2 I Year 06/01/ ALLINONE Enterprise Warranty 2020 Plus Appliance( Base IK EPS 25K Flows) 89084 Security SII -;I G2AI6T".N'rP[-HA Extreme SIE M G2 I Year 06/01/ ALLINONE Enterprise Warranty 2020 Plus HA Appliance (Base IK EPS 25K Flows) 89085 Security SII -;l G2AIOVIR Extreme SIE M G2 Software 06/01/ AI LINONE Virtual (Base Warranty 2020 100 EPS 15K Flows) 89086 Security SII -;l G2AIOVIRHA Extreme SIE M G2 Software 06/01/ ALLINONE Virtual HA Warranty 2020 (Base 100 EPS 15K Flows) 89087 Security SIEMG2CONENT Extreme SIE M G2 I Year 06/01/ CONSOLE Enterprise Warranty 2020 AppBance 89088 Security SII -;l G2CONI-,".N'rHA Extreme SIE M G2 I Year 06/01/ CONSOLE Enterprise HA Warranty 2020 AppBance 89089 Security SIEMG2CONI-,".Nr[PF Extreme SIE M G2 I Year 06/01/ CONSOLE Enterprise Warranty 2020 Plus Appliance 89090 Security SII -;I G2CONI-,".N'rP[-HA Extreme SIE M G2 I Year 06/01/ CONSOLE Enterprise Warranty 2020 Plus HA Appliance 89091 Security SII -;l G2CONVIR Extreme SIE M G2 Software 06/01/ CONSOLE Virtual Warranty 2020 89092 Security SII -;l G2CONVIR14A Extreme SIE M G2 Software 06/01/ CONSOLE Virtual HA Warranty 2020 1 89093 Security SII -;l Cl2EVPT".N'r Extreme SIE M G2 EVP I Year 06/01/ Enterprise Appliance Warranty 2020 Base 2500 EPS) 89094 Security SII -;l G2EVPT".N'rI4A Extreme SIE M G2 EVP I Year 06/01/ Enterprise HA Appliance Warranty 2020 (Base 2500 EPS) 89095 Security SII -;l G2EVPT".N'rPi- Extreme SIE M G2 EVP I Year 06/01/ Enterprise Plus Appliance Warranty 2020 (Base 2500 EPS) Attachment D Page 187 of 471 Page 343 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89096 Security SII-,";lG2EV PEN'r P[ IIA Extreme SIEM G2 EVP I Year 06/01/ Enterprise Plus HA Warranty 2020 Appliance (Base 2500 EPS) 89097 Security Sll-,".MG2EVPVIR Extreme SIEM G2 EVP Software 06/01/ Virtual (Base 100 EPS) Warranty 2020 89098 Security Sll-,".MG2EVPVIR14A Extreme SIEM G2 EVP Software 06/01/ Virtual HA (Base 100 Warranty 2020 EPS) 89099 Security SIEMG2F EPT".N'r Extreme SIEM G2 FLP I Year 06/01/ Enterprise Appliance ( Warranty 2020 x1705 Base lOOK Flows) 89100 Security SII-,".MG2Fi-PT".N'rHA Extreme SIEM G2 FLP I Year 06/01/ Enterprise HA Appliance Warranty 2020 (x1705 Base lOOK Flows) 89101 Security SIEMG2Fi-PT".N'rPi- Extreme SIEM G2 FLP I Year 06/01/ Enterprise Plus Appliance Warranty 2020 (x1728 Base lOOK Flows) 89102 Security SII -;I G2Fi-PT".N'rP[-HA Extreme SIEM G2 FLP I Year 06/01/ Enterprise Plus HA Warranty 2020 Appliance (x1728 Base I OOK Flows) 89103 Security Sll-,".MG2F[-PVIR Extreme SIEM G2 FLP Software 06/01/ Virtual (Base 15K Flows) Warranty 2020 89104 Security Sll-,".MG2F[-PVIR14A Extreme SIEM G2 FLP Software 06/01/ Virtual HA (Base 15K Warranty 2020 Flows) 89105 Security SII -;l G2CEFEN'r Extreme SIEM G2 I Year 06/01/ Combined EVP LP Warranty 2020 Enterprise Appliance x1805 Base 1000 EPS 25K Flows) 89106 Security SII-,";lG2CEFI-,".N'rHA Extreme SIEM G2 I Year 06/01/ Combined EVP LP Warranty 2020 Enterprise HA Appliance (xI805 Base 1000 EPS 25K Flows) 89107 Security SII-,".MG2CEFI-,".N'rPi- Extreme SIEM G2 I Year 06/01/ Combined EVP LP Warranty 2020 Enterprise Plus Appliance (xI828 Base 1000 EPS 25K Flows) 89108 Security SII-,";IG2CEFI-,".N'rP[-HA Extreme SIEM G2 I Year 06/01/ Combined EVP LP Warranty 2020 Attachment D Page 188 of 471 Page 344 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 189 of 471 Page 345 of 943 Enterprise Plus HA Appliance (xI828 Base IOOOEPS 25K Flows) 89109 Security SII-,".MG2EVCAPI- Extreme SIEM G2 Event I Year 06/01/ Collector Appliance Warranty 2020 89110 Security SIMI-,".G2EVCVIR Extreme SIEM G2 Event Software 06/01/ Collector Virtual Warranty 2020 1 89111 Security SII-,".MG2DNI-,".N'r Extreme SIEM G2 Data I Year 06/01/ Node Enterprise Warranty 2020 Bance 89112 Security SII-,".MG2DNI-,".N'rHA Extreme SIEM G2 Data I Year 06/01/ Node Enterprise HA Warranty 2020 Appliance 89113 Security SII-,".MG2DNI-,".N'rPi- Extreme SIEM G2 Data I Year 06/01/ Node Enterprise Plus Warranty 2020 Bance 89114 Security SII -;I G2DNI-,".N'rP[-HA Extreme SIEM G2 Data I Year 06/01/ Node Enterprise Plus HA Warranty 2020 Bance 89115 Security SII-,".MG2DNVIR Extreme SIEM G2 Data Software 06/01/ Node Virtual Warranty 2020 89116 Security SII-,".MG2DNVIR14A Extreme SIEM G2 Data Software 06/01/ Node Virtual HA Warranty 2020 1 89117 Security SII-,".MG2FCIG,rx Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance I Warranty 2020 0117 s rI X 89118 Security SII-,".MG2FCIG,rXHA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance I Warranty 2020 0117 s rI X 89119 Security SII-,".MG2FCMG,rx Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance Warranty 2020 MultiGbps,rx 89120 Security SII -;I G2FCMG,rxl-IA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 MultiGbps,rx 89121 Security SII-,".MG2FCMGSX Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance Warranty 2020 MultiGbps SX 89122 Security SII-,".MG2FCMGSX14A Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 MultiGbps SX 89123 Security SII-,".MG2FCMGSR Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance Warranty 2020 MultiGbps Fiber SR Attachment D Page 189 of 471 Page 345 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89124 Security SII-,".MG2FCMGSRIiA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 MultiGbps Fiber SR 89125 Security SIF".MG2FCMG[-R Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance Warranty 2020 MultiGbps Fiber LR 89126 Security SIF".MG2FCMG[-RI-IA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 MultiGbps Fiber LR 89127 Security SII-,".MG2VFC Extreme SIEM G2 VFlow Software 06/01/ Collector Warranty 2020 89128 Security SII-,".MG2VFCHA Extreme SIEM G2 VFlow Software 06/01/ Col I ector HA Warranty 2020 89129 Security SIF".MG2ADD100E Extreme SIEM G2 EPS Software 06/01/ Increase 100 License Warranty 2020 1 89130 Security SIF".MG2AD D I 001-,",14A Extreme SIEM G2 EPS Software 06/01/ Increase 100 HA License Warranty 2020 89131 Security SIF".MG2ADDO.51KE Extreme SIEM G2 EPS Software 06/01/ Increase 500 to 1000 Warranty 2020 License 89132 Security SIF".MG2AD DO. 5 1 KEHA Extreme SIEM G2 EPS Software 06/01/ Increase 500 to 1000 HA Warranty 2020 License 89133 Security SIF".MG2ADD12.5KE Extreme SIEM G2 EPS Software 06/01/ Increase 1000 to 2500 Warranty 2020 License 89134 Security SIF".MG2ADD12.5KEHA Extreme SIEM G2 EPS Software 06/01/ Increase 1000 to 2500 HA Warranty 2020 License 89135 Security SIF".MG2ADD2.5KE Extreme SIEM G2 EPS Software 06/01/ Increase 2500 License Warranty 2020 89136 Security SIF".MG2ADD2.5KEHA Extreme SIEM G2 EPS Software 06/01/ Increase 2500 HA License Warranty 2020 1 89137 Security SIF".MG2ADD1525KF Extreme SIEM G2 Flow Software 06/01/ Increase 15K to 25K VM Warranty 2020 License 89138 Security SIF".MG2ADD1525KFHA Extreme SIEM G2 Flow Software 06/01/ Increase 15K to 25K VM Warranty 2020 HA License 89139 Security SIF".MG2ADD255OKF Extreme SIEM G2 Flow Software 06/01/ Increase 25K to 50K Warranty 2020 License 89140 Security SIF".MG2ADD2550KFHA Extreme SIEM G2 Flow Software 06/01/ Increase 25K to 50K HA Warranty 2020 License Attachment D Page 190 of 471 Page 346 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89141 Security SIF".MG2ADD50100KF Extreme SIE M G2 Flow Software 06/01/ Increase 50K to 100K Warranty 2020 License 89142 Security SIF".MG2ADD50100KFHA Extreme SIE M G2 Flow Software 06/01/ Increase 50K to 100K HA Warranty 2020 License 89143 Security SIF".MG2ADD100KF Extreme SIE M G2 Flow Software 06/01/ Increase 100K License Warranty 2020 89144 Security SIF".MG2ADD100KFHA Extreme SIE M G2 Flow Software 06/01/ Increase I OOK HA Warranty 2020 License 89145 Security SIF".MG2CONuPT".N'r Extreme SIE M G2 Software 06/01/ ALL INONE Enterprise Warranty 2020 Upgrade to CONSOLE Enterpri se 89146 Security S I 1H, MG2 C ON u PE N'r H A Extreme SIE M G2 Software 06/01/ ALL INONE Enterprise Warranty 2020 HA Upgrade to CONSOLE Enterprise HA 89147 Security SII-,";IG2CON upi-,"Krp I- Extreme SIE M G2 Software 06/01/ ALL Ii Enterprise Warranty 2020 Plus Upgrade to CONSOLE Enterprise Plus 89148 Security SI1-,".MG2CONuPT".N'rPI-H Extreme SIE M G2 Software 06/01/ A ALL Ii Enterprise Warranty 2020 Plus HA Upgrade to CONSOLE Enterprise Plus HA 89149 Security SII-,";lG21PRAEVPSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 EVP I year Subscription License 89150 Security SII-,".MG21PRVEVPSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 EVP Virtual I year Subscription License 89151 Security SII-,".MG21PRAFI-PSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 FI -P I year Subscription License 89152 Security SII-,".MG21PRVFI-PSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 FI -P Virtual I year Subscription License Attachment D Page 191 of 471 Page 347 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89153 Security SII-,";lG21PRCEPSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 Combined EVP/F[-P I ear bscription License 89154 Security Sll-,".MG21PRAPI-SS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 AllInOne or Console I year Subscription License 89155 Security Sll-,".MG21PRVIRSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 AllInOne or Console Virtual I year Subscription License 89156 Security SII -;l G2[-SADD50 Extreme SIE M G2 Log Software 06/01/ Source Increase 50 Warranty 2020 89157 Security SII -;l G2[-SADD500 Extreme SIE M G2 Log Software 06/01/ Source Increase 500 Warranty 2020 1 89158 Security SII -;l G2[-SADDIK Extreme SIE M G2 Log Software 06/01/ Source Increase 1000 Warranty 2020 89159 Security Sll-,".MG2[-SADD5K Extreme SIE M G2 Log Software 06/01/ Source Increase 5000 Warranty 2020 89160 Security SII -;l G2[-SADDIOK Extreme SIE M G2 Log Software 06/01/ Source Increase 10000 Warranty 2020 89501 Security IPSG2SPsws,rD Extreme IPS G2 Software 06/01/ SiteProtector Standard Warranty 2020 Edition Software (5 Nodes) 89502 Security IPSG2SPswi-,".N,r Extreme IPS G2 Software 06/01/ SiteProtector Enterprise Warranty 2020 Edition Software (20 Nodes) 89503 Security IPSG2SPsWT".N'rPiTs Extreme IPS G2 Software 06/01/ SiteProtector Enterprise Warranty 2020 Plus Edition Software (Unlimited Nodes) 89506 Security IPSG2SP(JPGSE Extreme IPS G2 Software 06/01/ SiteProtector Upgrade Warranty 2020 from Standard to Enterprise Edi ti on 89507 Security IPSG2SPIJPGI-,".I-,".Pl- Extreme IPS G2 Software 06/01/ SiteProtector Upgrade Warranty 2020 from Enterprise to Enterprise Plus Edition 89510 Security IPSG2ADD5 Extreme IPS G2 Software 06/01/ SiteProtector Add 5 Node Warranty 2020 License Attachment D Page 192 of 471 Page 348 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89511 Security IPSG2X3PR1 Extreme IPS G2 X3 I Year 06/01/ Standard Appliance Warranty 2020 Primary Base 400 Mbps inspected throughput Optional AI DON performance license (Max 800 Mbps) Fixed 4x lGbE RJ45 monitoring interfaces 89512 Security IPSG2X3SEC Extreme IPS G2 X3 I Year 06/01/ Standard Appliance Warranty 2020 Secondary/Fail over (Must have same configuration like Primary) 89513 Security IPSG2X4PR1 Extreme IPS G2 X4 I Year 06/01/ Enterprise Appliance Warranty 2020 Primary Base 750 Mbps inspected throughput Optional AI DON performance license (Max 1.5 Gbps) Fixed 4x lGbE RJ45 monitoring interfaces Optional Network Interface Module 89514 Security IPSG2X4SEC Extreme IPS G2 X4 I Year 06/01/ Enterprise Appliance Warranty 2020 Secondary/Fail over (Must have same configuration like Primary) 89515 Security IPSG2X5PR1 Extreme IPS G2 X5 I Year 06/01/ Enterprise Plus Appliance Warranty 2020 Primary Base 2.5 Gbps inspected throughput Optional AI DON performance license (Max 7 Gbps) Fixed 4x lGbE RJ45 monitoring interfaces Optional Network Interface Modules Redundant power supply included 89516 Security IPSG2X5SEC Extreme IPS G2 X5 I Year 06/01/ Enterprise Plus Appliance Warranty 2020 Secondary/Fail over (Must have same configuration like Primary) Attachment D Page 193 of 471 Page 349 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89519 Security IPSG2X3PAWCSS Extreme IPS G2 X3 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Primary 89520 Security IPSG2X3SAWCSS Extreme IPS G2 X3 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Failover 89521 Security IPSG2X4PAWCSS Extreme IPS G2 X4 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Primary 89522 Security IPSG2X4SAWCSS Extreme IPS G2 X4 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Failover 89523 Security IPSG2X5PAWCSS Extreme IPS G2 X5 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Primary 89524 Security IPSG2X5SAWCSS Extreme IPS G2 X5 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Failover 89527 Security IPSG2X3PIPRSS Extreme IPS G2 X3 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services Primary 89528 Security IPSG2X3SIPRSS Extreme IPS G2 X3 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services Failover 89529 Security IPSG2X4PIPRSS Extreme IPS G2 X4 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services Primary 89530 Security IPSG2X4SIPRSS Extreme IPS G2 X4 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services Failover 89531 Security IPSG2X5PIPRSS Extreme IPS G2 X5 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services I Primary 1 89532 Security IPSG2X5SIPRSS Extreme IPS G2 X5 Software 06/01/ Addon Subscription for IP Warranty 2020 Attachment D Page 194 of 471 Page 350 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 195 of 471 Page 351 of 943 Reputation Services Failover 89535 Security IPSG2X3PSSI-SW Extreme IPS G2 X3 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Primary 89536 Security IPSG2X3SSSI-SW Extreme IPS G2 X3 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Failover 89537 Security IPSG2X4PSSI-SW Extreme IPS G2 X4 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Primary 89538 Security IPSG2X4SSSI-SW Extreme IPS G2 X4 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Failover 89539 Security IPSG2X5PSSI-SW Extreme IPS G2 X5 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Primary 89540 Security IPSG2X5SSSI-SW Extreme IPS G2 X5 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Failover 89543 Security IPSG2X3PH,rpsw Extreme IPS G2 X3 400 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Primary 89544 Security IPSG2X3SH,rpsw Extreme IPS G2 X3 400 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Secondary 89545 Security IPSG2X4PH,rpsw Extreme IPS G2 X4 750 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Primary 89546 Security IPSG2X4SH,rpsw Extreme IPS G2 X4 750 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Secondary 89547 Security IPSG2X5PH,rpsw Extreme IPS G2 X5 1500 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Primary 89548 Security IPSG2X5SH,rpsw Extreme IPS G2 X5 1500 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Secondary Attachment D Page 195 of 471 Page 351 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89551 Security IPSG28PNMIG'rx Extreme IPS G2 Network I Year 06/01/ Module Sport IG Copper Warranty 2020 with builtin bypass 89552 Security IPSG24PNMIGSX Extreme IPS G2 Network I Year 06/01/ Module 4port IG SX Warranty 2020 Fiber with builtin bypass 89553 Security IPSG24PNMICII-X Extreme IPS G2 Network I Year 06/01/ Module 4port IG LX Warranty 2020 Fiber with builtin bypass 89554 Security IPSG22PN1 IOGSR Extreme IPS G2 Network I Year 06/01/ Module 2port I 0GbE SR Warranty 2020 Fiber with builtin bypass 89555 Security IPSG22PNMIOCII-R Extreme IPS G2 Network I Year 06/01/ Module 2port 10GbE LR Warranty 2020 Fiber with builtin bypass 89556 Security IPSG24PNMIGSFP Extreme IPS G2 Network I Year 06/01/ Module 4port IG SIP Warranty 2020 (requires transceivers) 89557 Security IPSG22PNMIOGSFP+ Extreme IPS G2 Network I Year 06/01/ Module 2port I OG SI P+ Warranty 2020 (requires transceivers) 89558 Security IPSG2D,rKICII-X Dual Transceiver Kit ICI I Year 06/01/ LX Fiber Warranty 2020 89559 Security IPSG2D,rKIGSX Dual Transceiver Kit ICI I Year 06/01/ SX Fiber Warranty 2020 89560 Security IPSG2D,rKIG,rx Dual Transceiver Kit ICI I Year 06/01/ 'rx Copper Warranty 2020 89561 Security IPSG2DTKIOGI-R Dual Transceiver Kit I OG I Year 06/01/ LR Fiber Warranty 2020 89562 Security IPSG2DTKIOGSR Dual Transceiver Kit I OG I Year 06/01/ SR Fiber Warranty 2020 89563 Security IPSG2PSIJ Power Supply Unit 460 1 Year 06/01/ WA'r'r Warranty 2020 1 338835 IRAN VSP 4000 PLDS PREM VSP 4000 PLDS Software LIC W/MACSEC LICDS PRIMIER I -ICI -,".NSE Warranty W/MACSEC LICDS 338836 IRAN VSP 4000 PLDS PREM VSP 4000 PLDS Software LICIH.NSE LICDS PRIMIER I -ICI -,".NSE Warranty LICDS 380176 IRAN VSP 8K PREM I -ICI -,".NSE VSP 8000 PLDS Software IACDS PREMIER I -ICI -,".NSE Warranty FOR I CHASSIS LICDS 380177 IRAN VSP 8K PREM LIC VSP 8000 PLDS Software W/MACSEC LICDS PREMIER I -ICI -,".NSE Warranty W/MACSEC FOR I CHASSIS LICDS Attachment D Page 196 of 471 Page 352 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 380221 FAN ERS5900 ADVANCED ERS5900 ADVANCED Software PI -S I -ICI -,".NSE I-ICDS FEA'ruRE PLDS Warranty I -ICI -,".NSE SINGLE (JNI'r OR s'rACK I-ICDS 380810 FAN VSP 9000 PLDS PREM VIRTUAL SERVICES Software I,ICI-,".NSE I-ICDS PLA' ICOR 9000 PLDS Warranty PRE, M I -ICI -,".NSE FOR I CHASSIS. I-ICDS 380811 FAN VSP 9000 PLDS PREM VIRTUAL SERVICES Software LIC W/MACSEC I-ICDS PLA' ICOR 9000 PLDS Warranty PREMIER I -ICI -,".NSE W/MACSEC I-ICDS 383168 FAN ERS5900 MACSEC PLDS ERS5900 MACSEC Software I,ICI-,".NSE PLDS I -ICI -,".NSE SINGLE Warranty (JNI'r OR s'rACK I-ICDS 383770 FAN ERS5900 MACSEC ADV ERS5900 MACSEC Software PLDS LIC PLUS ADVANCED Warranty PLDS LIC SINGLE (JNI'r OR s'rACK I-ICDS 383772 FAN ERS4900 ADVANCED ERS4900 ADVANCED Software PLDS I -ICI -,".NSE I-ICDS PLDS I -ICI -,".NSE SINGLE Warranty (JNrr OR s'rACK I-ICDS 386914 FAN VSP 7200 PORT I -ICI -,".NSE VSP 7200 PORT Software LICDS I -ICI -,".NSE FOR I Warranty swrrCH I-ICDS 392259 FAN VSP8600 IOC BASE VSP8600 IOC BASE Software LICDS I-ICDS Warranty 392670 FAN VSP8600 CHAS I -3V VSP8600 CHAS I -3V Software LICDS I-ICDS Warranty 392671 FAN VSP8600 CHAS VSP8600 CHAS Software I,3V+MACSEC I-ICDS I-3V+MACSEC I-ICDS Warranty 9372065 Cables/Co ASSY CBI-RJ45 TO ASSY CBI -,RJ -45 TO RJ- I Year nnectivity RJ45/ADAP,rERSPVC. US 45/ADAP,rERS,PVC. US Warranty 700511668 FAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 0.51 CAB LE 0.51 Warranty 700511669 FAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 1.51 CABLE 1.51 Warranty 700511670 FAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 3.O1 CAB LE 3.O1 Warranty 700511671 FAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 5.OM CAB LE 5. OM Warranty 700512239 FAN PDIJ POWER CORD IEC POWER I Year C13C14 31 USA Dls,rRlBtj,rION (JNI'r Warranty POWER CORD IEC C Attachment D Page 197 of 471 Page 353 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 700512240 FAN PDIJ POWER CORD IEC POWER I Year C14CI5 31 USA Dls,rRlBtj,rION (JNI'r Warranty POWER CORD IEC C 700512241 FAN PDIJ POWER CORD IEC POWER I Year CBC14 31 IN'ri- Dls'rRIBu'rlON UNI'r Warranty POWER CORD IEC C 700512242 FAN PDIJ POWER CORD IEC POWER I Year C14CI5 31 IN'ri- Dls'rRIBu'rlON UNI'r Warranty POWER CORD IEC C 700512588 FAN ERS3600 STACKING ERS3600 STACKING I Year CABLE 0.51 CABLE 0.51 Warranty 700512589 FAN ERS3600 STACKING ERS3600 STACKING I Year CABLE LOM CABLE 1.01 Warranty 700512595 FAN RACK MO(JN'r ERS3600 RACK MO(JN'r Kl'r I Year ERS4900 ERS5900 'rwo Pos'r S(JPPOR'rs Warranty ERS3600 ERS4900 ERS5900 08A -CON- Fixed 1-2 800 SERIES CONSOLE No 12/31/ CBL CABLE Kl'r Warranty 2022 08A -RPS- Fixed 1-2 130W POE RPS FORTPT Limited 12/31/ 130P 08G20G208P swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08A -RPS- Fixed 1-2 150W RPS FOR 24/48 Limited 12/31/ 150 POR' r Boo SERIES Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08A -RPS -24 Fixed 1-2 RPS FOR 08G20G208 No 12/31/ swrrCH Warranty 2022 08A -RPS- Fixed 1-2 500W POE RPS FOR 500W POE RPS FOR Limited 12/31/ 500P 24/48 POE 800 SERIES 24/48 POE 800 SERIES Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 198 of 471 Page 354 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 199 of 471 Page 355 of 943 Replacern ent-2 08G20G2-08 Fixed 1-2 8 PORT 16/166/1666 8 PORT 16/166/1666 Limited 12/31/ 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08G20G2- Fixed 1-2 8 PORT 10/100/1000 POE 8 PORT 16/166/1666 Limited 12/31/ 08P 800SERIES swrrCH POE 800SERIES Lifetime 2022 swrrCH Warranty with express Advanced Hardware Replacern ent-2 08G20G4-24 Fixed 1-2 24 PORT 16/166/1666 24 PORT 16/166/1666 Limited 12/31/ 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08G20G4- Fixed 1-2 24 PORT 10/100/1000 POE 24 PORT 16/166/1666 Limited 12/31/ 24P 800SERIES POE 800SERIES Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08G20G4-48 Fixed 1-2 48 PORT 16/166/1666 48 PORT 16/166/1666 Limited 12/31/ 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 199 of 471 Page 355 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 200 of 471 Page 356 of 943 Replacern ent-2 08G20G4- Fixed 1-2 48 PORT 10/100/1000 POE 48 PORT 16/166/1666 Limited 12/31/ 48P 800SERIES POE 800SERIES Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08H20G4-24 Fixed 1-2 24 PORT To/Too 24 PORT To/Too Limited 12/31/ 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08H20G4- Fixed 1-2 24 PORT 10/100 POE 24 PORT 10/100 POE Limited 12/31/ 24P 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08H20G4-48 Fixed 1-2 48 PORT To/Too 48 PORT To/Too Limited 12/31/ 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08H20G4- Fixed 1-2 48 PORT 10/100 POR 48 PORT 10/100 POR Limited 12/31/ 48P 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 200 of 471 Page 356 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 201 of 471 Page 357 of 943 Replacern ent-2 10051H Optics 1000BASESX SFP Hi 1000BASESX SFP MMIC I Year 220 550 meters LC Warranty connector Industrial 'hemp 10052H Optics 1000BASELX SI P Hi 1000BASELX SI P MMIC I Year 220 550 meters SMF Warranty lOkm LC connector Industrial 'remp 10053H Optics 1000BASEZX SI P Hi 1000BASEZX SIP SMF I Year 70km LC connector Warranty Industrial 'remp 10056H Optics 1000BASEBXD Bi Di SIP 1000BAS1-,".BXD SIP I Year Hi 1490nm 'rx/1 3 1 Onm RX Warranty wavelength Industrial 'hemp 10057H Optics 1000BASEBXI1 Bi Di SIP 1000BAS1-,".BX(1 SIP I Year Hi 13 1 Onm 'rx/1 490nm RX Warranty wavelength Industrial 'hemp 10060H Optics 100[ -X/1000[ -X SFP Hi Dual speed 100 I -X / 1000 1 Year I -X SIP LC connector Warranty Industrial 'remp 10070H Optics 10/100/1000BASET SIP 10/100/1000BASET SIP I Year Hi module CA'r5 cable 100m Warranty link RJ45connector for Giga Bit Ethernet SI P Port Industrial'hem 10071H Optics 1000BASESX SIP 10 Pack 1000BASESX SIP 10 1 Year Hi Pack Industrial'hem Warranty 10072H Optics 1000BASELX SIP 10 Pack 1000BASELX SIP 10 1 Year Hi Pack Industrial'hem Warranty I IOOFX-SFP- SRA 100BASEFX IR SIP l00BAS1-,TX IR SIP I Year 10/31/ IR -OM oP'rIC FOR SMI W/ LC C op'rw FOR SMI W/ LC Warranty 2024 C IOOFX-SFP- SRA 100BASEFX LR SIP l00BAS1-,TX LR SIP I Year 10/31/ I,R-OM oP'rIC FOR SMI W/ LC op'rw FOR SMI W/ LC Warranty 2024 CO CO IOOFX-SFP- SRA 100BASEFX SIP onic l00BAS1-,TX SIP orric I Year 10/31/ OM MMI' [.0 CONN oni MMIC LC CONN oni Warranty 2024 IOOFX-SFP- SRA 100BASEFX SI P MMIC I 00BASIH1 X SF P MMIC I Year 10/31/ OM -8 I.0 CONN 8 PK LC CONN 8 PK Warranty 2024 1 l00G-CIP2- SRA 1000 BE CFP2 100 GbE CI P2 optic (I -C) I Year 10/31/ ER4-40KM (I-C)ER44OKM OVER E for distances up to 40 Warranty 2024 SMF km over SMF Attachment D Page 201 of 471 Page 357 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 100G-CFP2- SRA 100CIF"h, CI P2 I-R410KM 100 GbE CI P2 optic (I -C) I Year 10/31/ I, 4-10I onics i PACK L for distances up to 10 Warranty 2024 km over SMF 100G-CFP2- SRA 100CIF"", CFP2 SR OPTICS 1 100 GbE CFP2 optic I Year 10/31/ SR10 PACK SR10 for distances up to Warranty 2024 100 rn over MMIC I pack 100G- SRA I 00GBASE CWDM4 100 GbE QS P28 optic I Year 10/31/ QSFP28- QSFP -rRANS I -C 2K1 (I -C} CM4 for Warranty 2024 CWDM4- OVERSM distances up to 2 km over 2KM SMF 100G- SRA 100GBE QSFP28 100 GbE QSFP28 optic I Year 10/31/ QSFP28- (LC)I-R4i-rrE2 KM OVER (I -C} LR41-ite for Warranty 2024 1,R4[--2KM SM distances up to 2 km over SMF 100G- SRA INN QSFP28 LR4 100 GbE QSFP28 optic I Year 10/31/ QSFP28- LOWPOW ER 10K1 (I -C} L low power for Warranty 2024 I,R4-I-P- OVERSMI distances up to 10 km l0M over SMF 100G- SRA 100GBE QS P28 (m-rP 100 GbE QS P28 optic I Year 10/31/ QSFP28-SR4 IX12)SR41001 MMF (m'rP 1x12) SR4 for Warranty 2024 distances up to 100 rn over MMIC IOOG-QSFP- SRA 100G13 QSFP TO 4 SI P28 100CIF"h, Direct Attached I Year 10/31/ 4SFP-P-0101 PASSIVE DACIM QS P28 to 4 Si P28 Warranty 2024 Passive Copper cable Im 12ack IOOG-QSFP- SRA 100G13 QSFP TO 4 SI P28 100CIF"h, Direct Attached I Year 10/31/ 4SFP-P-0301 PASSIVE DAC3M QS P28 to 4 Si P28 Warranty 2024 Passive Copper cable 3m 12ack IOOG-QSFP- SRA 100GBASESR4 100GBASEESR4 QSFP+ I Year 10/31/ ESR4 QSFP+(MOD(JI-E) 300M optic (m'rP N8 or 1x12) Warranty 2024 300m over MMIC 1pack IOOG-QSFP- SRA 100G13 QSFP DIRECT 100CIF"h, Direct Attached I Year 10/31/ QSFP-AOC- AvrACH AOC I OM QSFP+ to QSFP+ Active Warranty 2024 1001 Optical Cable 10m 1pack IOOG-QSFP- SRA INN QSFP PASSIVE 100CIF"", Passive Direct I Year 10/31/ QSFP-P- DIRE, ur ArrACH Attached QSFP28 to Warranty 2024 0101 CABLEI QSFP28 Active Copper cable Im 1pack IOOG-QSFP- SRA 100G13 QSFP PASSIVE 100CIF"", Passive Direct I Year 10/31/ QSFP-P- DIRE, ur ArrACH Attached QSFP28 to Warranty 2024 0301 CABLE3 QSFP28 Active Copper cable 3m 1pack Attachment D Page 202 of 471 Page 358 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10001-QSFP- SRA 100GB QSFP PASSIVE 100GF"", Direct Attached I Year 10/31/ QSFP-P- DIRE, ur ArrACH QSFP28 to QSFP28 Warranty 2024 0501 CABLE5 Passive Copper cable 5m I pack 10313A Optics 3m QSFP+ Passive Copper 40 Gigabit Ethernet I Year 10/31/ Cable QSFP+ passive copper Warranty 2023 cable assembly 26 AWG 3m length. 10930A Summit Summit 30OW AC Psu xT 30OW AC Power Supply Limited module for Summit X460 Lifetime E4G400 Series Switches Warranty Extended 'remparture with Range from 10 to +50 express degrees Celsius Advanced Hardware Replacern ent IOGB-4- Modular 4XIOC113 SF P+ TO QSFP 4XI00113 SFP+ TO QSFP I Year CO3-QSFP Interfaces CIJ CABLE 3M CIJ CABLE 3M Warranty IOGB-4-F20- Modular 4XIOC113 SFP+ TO QSFP I Year 12/31/ QSFP Interfaces FIBER CABLE 201 Warranty 2019 IOGBASE- Modular 10 0113E EXTT".NDED I Year 03/31/ ER-XFP Interfaces REACH XIP Warranty 2020 IOGBASE- Modular 10 0113E I -(3i REACH I Year 03/31/ 1,R-X[,'P Interfaces XI P Warranty 2020 IOGBASE- Modular 10 0113E SHORT REACH I Year 03/31/ SR -XIP Interfaces XI P Warranty 2020 IOGBASE- Modular I OC113ASE ZR XIP 8OKM I Year 06/12/ ZR-XFP Interfaces onic Warranty 2020 10GB-BX10- Modular 10 G13 SINGLE FIBER SM 10 G13, SINGLE FIBER I Year D Interfaces D 10 ISM SM, -D 10 KM Warranty I 10GB-BX10- Modular 10 G13 SINGLE FIBER SM 10 G13, SINGLE FIBER I Year (i Interfaces U 10 KM SM, -IJ 10 KM Warranty 10GB-BX40- Modular 10 G13 SINGLE FIBER SM 10 G13, SINGLE FIBER I Year D Interfaces D 40 KM SM, -D 40 KM Warranty 10GB-BX40- Modular 10 G13 SINGLE FIBER SM 10 G13, SINGLE FIBER I Year (i Interfaces U 40 KM SM, -IJ 40 KM Warranty 10GB-001- Modular SF P+ PLUGGABLE SF P+ PLUGGABLE I Year SI PP Interfaces COPPER CABLE IM COPPER CABLE IM Warranty 10GB-0O3- Modular SF P+ PLUGGABLE SF P+ PLUGGABLE I Year SI PP Interfaces COPPER CABLE 3M COPPER CABLE 3M Warranty l0GB-C10- Modular SF P+ PLUGGABLE SF P+ PLUGGABLE I Year SI PP Interfaces COPPER CABLE 101 COPPER CABLE 101 Warranty IOGB-ER21- Modular 10G13 SI PP DWDM I Year 05/30/ SI PP Interfaces CHANNEL 2140 KM Warranty 2024 Attachment D Page 203 of 471 Page 359 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOGB-ER23- Modular I OC113ER DWDM CH23 I Year 05/30/ SI PP Interfaces SI P+ Warranty 2024 IOGB-ER24- Modular 10G13 SI PP DWDM I Year 05/30/ SI PP Interfaces CHANNEL 24 40 KM Warranty 2024 IOGB-ER29- Modular I OC113ER DWDM CH29 I Year 05/30/ SI PP Interfaces SFP+ Warranty 2024 1 IOGB-ER31- Modular 10G13 SI PP DWDM l0G13 SFPP, DWDM, I Year SI PP Interfaces CHANNEL 3140 KM CHANNEL 31,40 KM Warranty IOGB-ER33- Modular 10G13 SI PP DWDM I Year 05/30/ SI PP Interfaces CHANNEL 33 40 KM Warranty 2024 10G13- Modular 10 G13 lG13 DUAL RATE 10 G13 lG13 DUAL RATE I Year ERE,X-SIPP Interfaces ER EX SMF ER EX SMF Warranty l0G13-ER- Modular IOC113ASE ER SFP+ (40) IOC113ASE ER SI P+ I Year SI PP Interfaces (40K) Warranty I 10GB-F10- Modular 10 G13 ACTIVE OPTICAL 10 G13, ACTIVE I Year SI PP Interfaces DAC 10 M op -MCAT DAC, 10 M Warranty 10GB-F20- Modular 10 G13 ACTIVE OPTICAL 10 G13, ACTIVE I Year SI PP Interfaces DAC 20 M op -MCAT DAC, 20 M Warranty 10G13- Modular 10G13 CM LR SI P+ I Year 05/30/ 1,R271-SFPP Interfaces 1271N1 Warranty 2024 10G13- Modular 10G13 CM LR SI P+ I Year 05/30/ 1,R291-SFPP Interfaces 1291N1 Warranty 2024 10G13- Modular 10G13 CM LR SI P+ I Year 05/30/ LR31 I-SFPP Interfaces 1311N1 Warranty 2024 10G13- Modular 10G13 CM LR SI P+ I Year 05/30/ 1,R331-SFPP Interfaces 1331N1 Warranty 2024 10G13- Modular 10G13 lG13 DUAL RATE 10G13, lG13 DUAL RATE I Year 1,RI,X-SFPP Interfaces LR I -X SMF LR I -X SMF Warranty I0C113-[-RM- Modular IOC113ASEI-RM SI P+ I0C113ASE-I-RM SI P+ I Year SI PP Interfaces 2201 MM op,ric 2201 mm op, IC Warranty I0C113-[-RM- Modular 10G13 L RM MM SF P+ 10G13, I -RM, MM, SFP+, I Year SI PP -G Interfaces FAA FAA Warranty 10G13 -I -R- Modular 10 C113ASEI-R SI P+ 10K 10 GBASE-I-R SI P+ 10K I Year SI PP Interfaces sm op,ric sm orric Warranty 10G13 -I -R- Modular 10G13 LR SM SFP+'rAA 10G13, I - R, SM, SFP+, I Year SI PP -G Interfaces FAA Warranty 10G13 -SR- Modular C113ASESR SFP+ 33/82M C113ASE-SR SFP+ I Year SI PP Interfaces mm orric 33/82M mm op,ric Warranty 10G13 -SR- Modular 10G13 SR MM SFP+'rAA 10G13, SR, MM, SFP+, I Year SI PP -G Interfaces FAA Warranty 100113- Modular 10G13 lG13 DUAL RATE 10G13, lG13 DUAL RATE I Year SRSX-SFPP Interfaces SR SX MMIC SR SX MIT Warranty I0C113-(1SR- Modular BUNDLE OF 48 1 Year 04/03/ 48PK Interfaces I0C!13(1SRSFPP Warranty2023 I0C113-(1SR- Modular 10G13 IOC113ASEI1SR I Year SI PP Interfaces MMIC SIS P+ Warranty2022 Attachment D Page 204 of 471 Page 360 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOC!13-ZR- Modular IOG13 8OKM SI P+ IOG13 8OKM SI P+ I Year SI PP Interfaces Warranty IOG-SIP- SRA CBi-6P'rICAI,7MSFP+DI CBi-6P'NCAI,7MSFP+D I Year 10/31/ AOC -0701 REC'rIOGAC'riVEI P IREC'riOGAC'riVEI P Warranty 2024 IOG-SIP- SRA CBi-6P'rICAIIOMSIS P+D CBi-6P'NCA[-IOMSFP+ I Year 10/31/ AOC -1001 iREc'rIOGAC'riVEI DIREC'riOGAC'riVEI Warranty 2024 1 IOG-SIP- SRA 10CIF", LR SI P+ onic 10CIF", LR SFP+ onic I Year 10/31/ BXD-S (I -C) BIDIRr,.c-rIONAI. (I -C) BIC IREC-rIONAL Warranty 2024 DO DO IOG-SIP- SRA LOGE, LR SI P+ onic LOGE, LR SFP+ onic I Year 10/31/ BX(J-S (I -C) BIDI RE, crIONAL (I -C) BIDIREC-rIONAL Warranty 2024 tip tip IOG-SFP-ER SRA IOGBASE"I,"R SFP+ onic IOGBASE"I,"R SFP+ I Year 10/31/ (i-qup -rO 40KM op-ric (i-qup -ro Warranty 2024 40KM IOG-SIP- SRA IOGBASE"I,"R SI P+ onic 1ocii3ASE"I,"R SFP+ I Year 10/31/ ER -2 (I -C )40KM 2PACK op-ric (I -C )40KM Warranty 2024 2PACK IOG-SIP-I-R SRA IOGBASELRSIS P+ onic IOGBASELRSIS P+ I Year 10/31/ (I -C) IO M SMF op-ric (I-C)IOKM SMF Warranty 2024 IOG-SIP- SRA IOC113ASEI-RSPP SMF IOC113ASEI-RSFPP SMF I Year 10/31/ I, -8 I -C CONNEC'rOR 8PACK LC CONNEC'rOR Warranty 2024 8PACK IOG-SFP- SRA IOC113ASEI-RM 1310NM IOC113ASEI-RM 1310NM I Year 10/31/ LRM SI P+ op-ric (i -c) -rAR SI P+ op-ric (i-c),rAR Warranty 2024 IOG-SFP- SRA IOC113ASEI-RM SFP+ IOC113ASEI-RM SI P+ I Year 10/31/ LRM -8 op-ric (I-C)220M 8PACK Cap-IC(I-C)220M Warranty 2024 8PACK IOG-SIP- SRA IOC113ASEI-R SI P+ onic IOC113ASEI-R SFP+ I Year 10/31/ I, -S (I-C)IOKM OVERSMF op-ric (I-C)IOKM Warranty 2024 OVERSMI IOG-SIP- SRA IOC113ASEI-R SI P+ onic IOC113ASEI-R SFP+ I Year 10/31/ 1,R -S8 (I-C)IOKM OVERSMF op-ric (I-C)IOKM Warranty 2024 OVERSMI IOG-SIP- SRA IOC113ASEI-R SI P+ onic IOC113ASEI-R SFP+ I Year 10/31/ I, -SA (I-C)IOKM OVERSMF op-ric (I-C)IOKM Warranty 2024 OVERSMI IOG-SIP- SRA IOC113ASEI-R SI P+ onic IOC113ASEI-R SFP+ I Year 10/31/ 1,R-SA8 (I-C)IOKM OVERSMF op-ric (I-C)IOKM Warranty 2024 OVERSMI IOG-SIPP- SRA I OCIE", IJ S R SF P+ HIGH LOGE, (JSR SFP+ optic I Year 10/31/ I1SR-8-E RX si-,"mrrivi'm PAC (I -C) w/ 13dBrn Rx Warranty 2024 sensitivity 100m over I MMIC 8pack I I IOG-SIPP- SRA IOGE-, (JSR SFP4-HIGH RX � LOGE, (JSR SFP+ optic I Year I � (JSR-E si-,"mrrivrryi PACK (I -C) w/ 13dBrn Rx Warranty 2024 Attachment D Page 205 of 471 Page 361 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 206 of 471 Page 362 of 943 sensitivity 100m over MMIC 1pack lOG-SISP-SR SRA lOGBASESRSFP+ opTic lOGBASESRSFP+ I Year 10/31/ -C300M MMIC op-ric (I-C)300M MMIC Warranty 2024 lOG-SIP- SRA IOC113ASESRSFPP MIT IOC113ASESRSFPP MMF I Year 10/31/ SR -8 I -C CONNEC'rOR 8PACK LC CONNEC'rOR Warranty 2024 8PACK lOG-SIP- SRA IOC113ASESR IOC113ASESR I Year 10/31/ SR -S SFP+oP-rIC([-C) 300M SFP+oP-riC([-C) 3001 Warranty 2024 MMI' Sr[ MMFs,rD lOG-SIP- SRA IOC113ASESR IOC113ASESR I Year 10/31/ SR -S8 SFP+oP-rIC([-C) 300M SFP+oP-riC([-C) 3001 Warranty 2024 MMI' Sr[ MMFs,rD lOG-SIP- SRA IOC113ASESR IOC113ASESR I Year 10/31/ SR -SA SFP+oP-rIC([-C) 300M SFP+oP-riC([-C) 3001 Warranty 2024 MMI' Sr[ MMFs,rD lOG-SIP- SRA IOC113ASESR IOC113ASESR I Year 10/31/ SR-SA8 SFP+oP-rIC([-C) 300M SFP+oP-riC([-C) 3001 Warranty 2024 MMI' Sr[ MMFs,rD lOG-SIP- SRA DIRE, ur ATTACHED DIRECT ATTACHED I Year 10/31/ ,rwx-9191 SI PP COPPERIMI PACK SI PP Warranty 2024 COPPERIMIPACK lOG-SIP- SRA DIRE, ur ATTACHED DIRECT ATTACHED I Year 10/31/ 'rwx-om SI PP COPPERIN18PACK SI PP Warranty 2024 COPPERIN18PACK lOG-SIP- SRA DIRE, ur ATTACHED DIRECT ATTACHED I Year 10/31/ ,rwx-0301 SI PP COPPER3MI PACK SI PP Warranty 2024 COPPER3MIPACK lOG-SIP- SRA DIRE, ur ATTACHED DIRECT Ar[ TAC -1-11,"D I Year 10/31/ ,rwx-0308 SI PP COPPER38PACK SI PP Warranty 2024 COPPER3M8PACK lOG-SIP- SRA DIRE, ur ATTACHED DIRECT Ar[ TAC -1-11,"D I Year 10/31/ ,rwx-0501 SF PP CO P PER5M I PACK SI PP Warranty 2024 COPPER5MIPACK lOG-SIP- SRA DIRE, ur ATTACHED DIRECT Ar[ TAC -1-11,"D I Year 10/31/ ,rwx-0508 SI PP COPPER58PACK SI PP Warranty 2024 COPPER5M8PACK lOG-SFP- SRA IOGF,". SIS P+CMAC IOGF,". SFP+DAC I Year 10/31/ ,rwx-p- CABLEIM IPACK CAB LE I M I PACK Warranty 2024 0101 PASSIVE PASSIVE lOG-SIP- SRA IOGF,", SI P+ DAC CABLE IOGF,", SI P+ DAC I Year 10/31/ ,rwx-p- IM 8PACK PASSIVE CABLE IM 8PACK Warranty 2024 0108 PASSIVE lOG-SIP- SRA IOGF,", SI P+ DAC CABLE IOGF,", SI P+ DAC I Year 10/31/ ,rwx-p- 3M I PACK PASSIVE CAB LE 3M I PACK Warranty 2024 0301 PASSIVE Attachment D Page 206 of 471 Page 362 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOG-SIS P- SRA 10CIF". SI P+ DAC CABLE IOGIH. SI P+ DAC I Year 10/31/ 'rwx-P- 3M 8PACK PASSIVE CABLE 3M 8PACK Warranty 2024 0308 PASSIVE 10G-SFP- SRA IOGIH. SI P+ DAC CABLE IOGIH. SI P+ DAC I Year 10/31/ 'rwx-P- 5M I PACK PASSIVE CAB LE 5M I PACK Warranty 2024 0501 PASSIVE 10G-SFP- SRA IOGIH. SI P+ DAC CABLE IOGIH. SI P+ DAC I Year 10/31/ 'rwx-P- 5M 8PACK PASSIVE CABLE 5M 8PACK Warranty 2024 0508 PASSIVE 10G-SFP- SRA SI P+ IOG (JSR OPTIC I SI P+ IOG (JSR OPTIC I I Year 10/31/ (JSR PK BR PK BR Warranty 2024 10G-SFP- SRA SI P+ IOG (JSR OPTIC 8 SI P+ IOG (JSR OPTIC 8 1 Year 10/31/ (JS t-8 PK BR PK BR Warranty 2024 10G-SFP- SRA 10CHH, (JSR SFP+ onic 10CHH, (JSR SI P+ orric I Year 10/31/ (JSR-SA (I-C)RANGIH. 1001 MIDI (I-C)RANGE 1001 MMIC Warranty 2024 1 10G-SFP- SRA 10CHH, (JSR SFP+ OPTIC 10CHH, (JSR SI P+ OPTIC I Year 10/31/ (JS R-SA8(I-C)RANGIH. 1001 MIDI (I-C)RANGE 1001 MMIC Warranty 2024 IOG-SIP-ZR SRA l0GBASEZRSIS P+ OPTIC I 0GBAS1-,".ZRSFP+ I Year 10/31/ (i-qup -ro 8OKM op-ric (i-qup -ro Warranty 2024 8OKM 10G-SFP- SRA l0GBAS1-,".ZR SI P+ OPTIC TociBAS1-,".ZR SFP+ I Year 10/31/ ZR -2 (I-C)80M 2PACK op-ric (I-C)80M Warranty 2024 2PACK 10G-SFP- SRA l0GBAS1-,".Z-E l0GBAS1-,".ZRD I Year 10/31/ zRD-,r DWI M 80 KM SFP+ 'r(JNABLE DWI M 80 Warranty 2024 KM SI P+ IOG-X[,'P- SRA 10 GB E XIP Pluggable 10GbE XIP I Year 10/31/ 1310 -1 -RM 'rRANSCEIVER IJP,ro transceiver (I -C) 1310 nm Warranty 2024 220 MM FIBER serial for use on multimode fiber (FDDIgrade) up to 220 meters MM fiber compatible with IOC113ASEI-RM optics IOG-X[,'P- SRA OPTIC IOC113E ER XIP 1550nm serial pluggable I Year 10/31/ ER SMFI.0 CONNEC'rOR XIP optic (I -C) for up to Warranty 2024 40km over SMF IOG-X[,'P- SRA OPTIC IOC113E LR XIP 13 1 Onm serial p] uggabl e I Year 10/31/ LR SMFI.0 CONNEC'rOR XIP optic (I -C) for up to Warranty 2024 I Okm over SMF IOG-X[,'P- SRA OPTIC IOC113E LR XIP 13 1 Onm serial p] uggabl e I Year 10/31/ I,R-4 SMFI.0 CONN 4PK XIP optic (I -C) for up to Warranty 2024 I Okm over SMF 4 Pack 10G-XFP-SR SRA OPTIC I00113E SR XIP 850nm serial pluggable I Year 10/31/ MMFI.0 CONNEC'rOR XIP optic (I -C) target Warranty 2024 range 300m over MMIC Attachment D Page 207 of 471 Page 363 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOG-Xf,'P- SRA onic IOC113E SR XIP 850nm serial pluggable I Year 10/31/ SR -4 MMI LC CONN 4PK XFP optic (I -C) 4 Pack Warranty 2024 target range 300m over MMIC IOG-Xf,'P- SRA onic IOC113E ZR XIP 1550nm serial pluggable I Year 10/31/ ZR SMI LC CONNEC'rOR XIP optic (I -C) for up to Warranty 2024 80km over SMF 16172'1 Summit X450G224tGI-,".4FB'rAA 24 10/100/1000BASET 4 Limited 1000BASEX unpopulated Lifetime SIP two 21CIb stacking Warranty ports (QSFP) I Fixed AC with PSIJ I RPS port fan express module FronttoBack Advanced ExtremeXOS Edge Hardware license w Policy Replacern ent-2 16173'1 Summit X450G224pGI-,".4FB715'rA 24 10/100/1000BASET Limited A POE 4 1000BASEX Lifetime unpopulated SIP two Warranty 21CIb stacking ports with (QSFP) 2 power supply express slots populated with Advanced 715W PS fan module Hardware FronttoBack ExtremeXOS Replacern Edge license w Policy ent-2 16177'1 Summit X450G224pI0GE4FB715'r 24 10/100/1000BASET Limited AA POE 4 IOC113ASEX Lifetime unpopulated SI P+ two Warranty 21CIb stacking ports with (QSFP) 2 power supply express slots populated with Advanced 715W PS fan module Hardware FronttoBack ExtremeXOS Replacern Edge license w Policy ent-2 16179'1 Summit X450G248pI0GE4FBII00 48 10/100/1000BASET Limited ,FAA POE 4 IOC113ASEX Lifetime unpopulated SI P+ two Warranty 21CIb stacking ports with (QSFP) 2 power supply express slots populated with Advanced I 100W PS fan module Hardware FronttoBack ExtremeXOS Replacern Edge license w Policy ent-2 Attachment D Page 208 of 471 Page 364 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16301 1 Summit Summit X48048t,rAA 48 10/100/1 OOOBASE'r 4 1 Year 12/31/ 100/1000BASEX Warranty 2023 unpopulated SIP (shared) No PSIJ with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 'trade Agreement Act compliant model. 16303'1 Summit Summit X48024x,rAA 24 100/1000BASEX I Year 12/31/ unpopulated SIP 12 Warranty 2023 10/100/1000BASE'r (shared) 2 unpopulated XIP ports No PSIJ with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 'rrade Agreement Act compliant model. 16304'1 Summit Summit X48048x,rAA 48 100/1000BASEX I Year 12/31/ unpopulated SI P No PSIJ Warranty 2023 with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 'rrade Agreement Act compliant model. 16401'1 Summit Summit X46024T1AA 24 10/100/1000BASET 8 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SIP (4 24 Warranty 10/100/1000BASE'r 8 with 100/1000BASEX express unpopulated SIP (4 SIP Advanced ports shared with Hardware 10/100/1000BASE'r Replacern ports) XCIM3 slot ent Stacking module slot 30OW AC PSIJ with one unpopulated PSIJ slot Fan Module ExtremeXOS Edge License 'rrade Agreement Act compliant model. Attachment D Page 209 of 471 Page 365 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16402'1 Summit Summit X46048t,rAA 48 10/100/1 OOOBASE'r 4 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP XGM3 Warranty slot Stacking module slot with 30OW AC PSIJ with one express unpopulated PSIJ slot Fan Advanced Module ExtremeXOS Hardware Edge License 'rrade Replacern Agreement Act compliant ent model. 16403'1 Summit Summit X46024p,rAA 24 10/100/1000BASE'r Limited 06/30/ PoEplus 8 Lifetime 2022 100/1000BASEX Warranty unpopulated SIP (4 SIP with ports shared with express 10/100/1000BASE'r Advanced ports) XCIM3 slot Hardware Stacking module slot Replacern 750W AC PoE PSIJ with ent one unpopulated PSIJ slot Fan Module ExtremeXOS Edge License 'rrade Agreement Act compliant model. 16405'1 Summit Summit X46024x'1AA 24 100/1000BASEX Limited 06/30/ unpopulated SIP 8 Lifetime 2022 10/100/1000BASE-r (4 Warranty 10/100/1000BASE'r ports with shared with SIP ports) express XCIM3 slot Stacking Advanced module slot 30OW AC Hardware PSIJ with one Replacern unpopulated PSIJ slot Fan ent Module ExtremeXOS Edge License 'rrade Agreement Act compliant model. 16406'1 Summit Summit X46048x,rAA 48 100/1000BASEX Limited 06/30/ unpopulated SIP XGM3 Lifetime 2022 slot Stacking module slot Warranty 30OW AC PSIJ with one with unpopulated PSIJ slot Fan express Module ExtremeXOS Advanced Edge License 'rrade Hardware Agreement Act compliant Replacern model. ent Attachment D Page 210 of 471 Page 366 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16501 1 Summit Summit X4408t'rAA 8 10/100/1000BASE'r 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SFP SummitStack Warranty Stacking ports I AC PSIJ with ExtremeXOS Edge express license'rAA model Advanced Hardware Replacern ent 16502'1 Summit Summit X4408p,rAA 8 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP Warranty SummitStack Stacking with ports I AC PSIJ express ExtremeXOS Edge Advanced license'rAA model Hardware Replacern ent 16503'1 Summit Summit X44024TFAA 24 10/100/1 OOOBASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) Summit Stack express Stacking ports I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 'rAA model 16504'1 Summit Summit X44024p,rAA 24 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP (4 SIP Warranty ports shared with with 10/100/1000BASE'r express ports) Summit Stack Advanced Stacking ports I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 'rAA model 16505'1 Summit Summit X44048t,rAA 48 10/100/1 OOOBASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) SummitStack express Stacking ports I AC PSIJ Advanced ExtremeXOS Edge Hardware Attachment D Page 211 of 471 Page 367 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 212 of 471 Page 368 of 943 license connector for Replacern external power supply ent 'rAA model 16506'1 Summit Summit X44048p,rAA 48 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASE'r express ports) Summit tack Advanced Stacking ports I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 'rAA model 16507'1 Summit Summit X44024tI0G'1AA 24 10/100/1000BASE'r 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) 2 IOC113ASEX express SI P+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 'rAA model 16568'1 Summit Summit X44024p I OGTAA 24 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP (4 SIP Warranty ports shared with with 10/100/1000BASE'r express ports) 2 IOC113ASEX Advanced SI P+ I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 'rAA model 16569'1 Summit Summit X44048tI0G'1AA 48 10/100/1 OOOBASET 2 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (2 SIP ports shared Warranty with 10/100/1000BASE'r with ports) 2 IOC113ASEX express SI P+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 'rAA model Attachment D Page 212 of 471 Page 368 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16519'1 Summit Summit X44048p I OG'rAA 48 10/100/1000BASE'r Limited 03/31/ PoEplus 2 IOOOBASEX Lifetime 2022 unpopulated SFP (2 SFP Warranty ports shared with with 10/100/1000BASE'r express ports) 2 IOC113ASEX Advanced SI P+ I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply ,FAA model 1653 Tr Summit X440G212p I OGE4'rAA X4400.12 12 Limited 10/100/1000BASE'r Lifetime POE 4 1 GbE Warranty unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license'rAA model Replacern ent-2 16532'1 Summit X440G224tIO01I-,".4'1AA X4400.12 24 Limited 10/100/1000BASE'r 4 Lifetime SIP combo 4 lGbE Warranty unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license'rAA model Replacern ent-2 16533'1 Summit X440G224pIOGE4'rAA X4400.12 24 Limited 10/100/1000BASE'r Lifetime POE 4 SIP combo 4 Warranty lGbE unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license'rAA model Replacern ent-2 16535'1 Summit X440G248pIOGE4'rAA X4400.12 48 Limited 10/100/1000BASE'r Lifetime POE 4 SIP combo 4 Warranty lGbE unpopulated SIP with upgradable to I OGbE express SI P+ (2 combo/2 Advanced noncombo) 2 lGbE Hardware copper combo upgradable Attachment D Page 213 of 471 Page 369 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 214 of 471 Page 370 of 943 to lOGbE I Fixed AC Replacern PSIJ I RPS port ent-2 ExtremeXOSrAA model 16538T Summit X440G224xlOGE4,rAA X440G2 24 unpopulated Limited 1000BASEX SIP (4 Lifetime combo) 4 10/100/1000 Warranty combo 4 1 GbE with unpopulated express SI Pup to lOGbE Advanced SFP+ I Fixed AC PSIJ I Hardware RPS port ExtremeXOS Replacern Edge licenseAA model ent-2 16703T Summit X460G224p I OGE4FB715T 24 10/100/1000BASET Limited AA POE 4 IOC113ASEX Lifetime unpopulated SI P+ Rear Warranty VIM Slot (unpopd) Rear with 'riming Slot (unpopd) 2 express power supply slots Advanced populated with 715W PS Hardware fan module FronttoBack Replacern ExtremeXOS Advanced ent-2 Edge license with Policy with EXOS Release 22.1 or greater 16704T Summit X460G248plOGE4FBIIOO 48 10/100/1000BASET Limited ,FAA POE 4 IOC113ASEX Lifetime unpopulated SI P+ Rear Warranty VIM Slot (unpopd) Rear with 'riming Slot (unpopd) 2 express power supply slots Advanced populated with I 10OW PS Hardware fan module FronttoBack Replacern ExtremeXOS Advanced ent-2 Edge license with Policy with EXOS Release 22.1 or greater 16705T Summit X460G224x I OGF,".417BAur 24 SIP 4 IOC113ASEX Limited AA unpopulated SI P+ Rear Lifetime VIM Slot (unpopd) Rear Warranty 'riming Slot (unpopd) 2 with power supply slots express populated with 30OW PS Advanced fan module FronttoBack Hardware ExtremeXOS Advanced Replacern Edge license with Policy ent-2 Attachment D Page 214 of 471 Page 370 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 215 of 471 Page 371 of 943 with EXOS Release 22.1 or greater 16706T Summit X46001248x I OGF".417BAur 48 SIP 4 IOC113ASEX Limited AA unpopulated SIP + Rear Lifetime VIM Slot (unpopd) Rear Warranty 'riming Slot (unpopd) 2 with power supply slots express populated with 30OW PS Advanced fan module FronttoBack Hardware ExtremeXOS Advanced Replacern Edge license with Policy ent-2 with EXOS Release 22.1 or greater 1671or Summit Summit X4600.12 rAAcompliant Optional Limited VIM2qrAA Virtual Interface Module Lifetime for the rear of the X4600.12 Warranty providing 2 400113ASEX with ports unpopulated QSFP+ express Advanced Hardware Replacern ent-2 1671 IT Summit Summit X4600.12 TAAcompliant Optional Limited VIM2xrAA Virtual Interface Module Lifetime for the rear of the X4600.12 Warranty providing 2 IO0113ASEX with ports unpopulated SIP + express Advanced Hardware Replacern ent-2 16712T Summit Summit X4600.12 TAAcompliant Optional Limited VIM2trAA Virtual Interface Module Lifetime for the rear of the X4600.12 Warranty providing 2 IOGBASE'r with ports express Advanced Hardware Replacern ent-2 16713T Summit Summit X4600.12 TAAcompliant Optional Limited VIM2ssrAA Virtual Interface Module Lifetime for the rear of the X4600.12 Warranty with Attachment D Page 215 of 471 Page 371 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 216 of 471 Page 372 of 943 providing 2 ports of express Extremes SummitStack Advanced Hardware Replacern ent-2 16715T Summit Summit X460012 TAAcompliant Optional Limited ,rmc[-K,rAA 'riming Module for the Lifetime rear of the X4600.12 Warranty providing the hardware with for Synch, and 1588 PrP express clocking with 2 ports of Advanced miniBNC connectors for Hardware clocking outputs Replacern ent-2 16716T Summit X4600I224tGE4FBACTAA 24 10/100/1000BASET 4 Limited 1000BASEX unpopulated Lifetime SIP Rear VIM Slot Warranty (unpopd) hear Aiming with Slot (unpopd) 2 power express supply slots populated Advanced with 30OW PS fan module Hardware FronttoBack ExtremeXOS Replacern Advanced Edge license ent-2 with Policy with EXOS Release 22.1 or greater 16718T Summit X4600I224p0IF".4FB715TA 24 10/100/1000BASET Limited A POE 4 1000BASEX Lifetime unpopulated SI P Rear Warranty VIM Slot (unpopd) Rear with 'riming Slot (unpopd) 2 express power supply slots Advanced populated with 715W PS Hardware fan module FronttoBack Replacern ExtremeXOS Advanced ent-2 Edge license with Policy with EXOS Release 22.1 or greater 16719'1 Summit X4600I248pGE4FB11ooT 48 10/100/1000BASET Limited AA POE 4 1000BASEX Lifetime unpopulated SI P Rear Warranty VIM Slot (unpopd) Rear with 'riming Slot (unpopd) 2 express power supply slots Advanced populated with 1100W PS Hardware fan module FronttoBack Replacern ExtremeXOS Advanced ent-2 Attachment D Page 216 of 471 Page 372 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 217 of 471 Page 373 of 943 Edge license with Policy with EXOS Release 22.1 or greater 16726T Summit X460G216mp32p I OGF",41713 16 10OMb/1.0/2.5GbE Limited rAA PoE+ 32 Lifetime 10/100/1000BASE'1 Warranty PoE+ 4 1000/1 OG BaseX with unpopd SI P+ ports Rear express VIM Slot (unpopd) Rear Advanced 'riming Slot (unpopd) 2 Hardware 1100 watt power supplies Replacern fan module FronttoBack ent-2 EXOS Advanced Edge license w Policy rrade Agree ent Act 16756T Summit X460G224p24hp I OGF",41713 X4600.12 24 10/100/1000 Limited rAA full duplex PoE+ 24 Lifetime 10/100/1000 full/half Warranty duplex PoE+ 4 1000/1001 with SFP+ ports Rear VIM Slot express hear Aiming Slot 2 Advanced I I OOW AC power Hardware supplies fan module Replacern FronttoBack airflow ent-2 ExtremeXOS Advanced Edge w Pohcyrrade Agree ent Act 16757T Summit X460G224t24ht1OCIF".41713T X4600.12 24 10/100/1000 Limited AA full duplex 24 Lifetime 10/100/1000 full/half Warranty duplex 4 1000/1001 SF P+ with ports Rear VIM Slot Rear express 'riming Slot two 30OW Advanced AC power supplies fan Hardware module FronttoBack Replacern airflow ExtremeXOS ent-2 Advanced Edge w Policy rrade Agreement Act model 1601-SFP- SRA FR(JSFP+SWI-16G1PKBR FR(JSFP+SWI-16G1 PKB I Year 10/31/ 000192 R Warranty 2024 1601-SFP- SRA FR(JSFP+SWI-16G8PKBR FR(JSFP+SWI-16G8PKB I Year 10/31/ 000193 11IZ Warranty 1 2024 1601-SFP- SRA FR(JSFP+I-WI-16G1OKM1 � FR1JSFP+I-WI-16G1OKM � I Year 10/31/ � 000198 PKBR lPKBR Warranty 2024 Attachment D Page 217 of 471 Page 373 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 1601 -SIS P- SRA FR[JSFP+[-WI-16GIOKM8 FR[JSFP+[-WI-16GIOKM I Year 10/31/ 000199 PKBR 8PKBR Warranty 2024 1601-SFP- SRA FRU QSFP SWI 4X1601 FRU QSFP SWI 4X1601 I Year 10/31/ 000245 FCCOMPuAN'r I PK FCCOMPuAN'r I PK Warranty 2024 l7101'r Summit Summit X670V48xFB,rAA 48 IOC113ASEX SI P+ one I Year 06/30/ VIM4 slot (unpopulated) Warranty 2022 ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot FronttoBack airflow fan module'rrade Agreement Act compliant model. 17102'r Summit Summit X670V48xBF,rAA 48 IOC113ASEX SI P+ one I Year 06/30/ VIM4 slot (unpopulated) Warranty 2022 ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot BacktoFront airflow fan module'rrade Agreement Act compliant model. 17103'r Summit Summit X67048xFB,rAA 48 IOC113ASEX SI P+ I Year 06/30/ ExtremeXOS Advanced Warranty 2022 Edge License unpopulated dual PSIJ power slot FronttoBack airflow fan module'rrade Agreement Act compliant model. 17104'r Summit Summit X67048xBF,rAA 48 IOC113ASEX SI P+ I Year 06/30/ ExtremeXOS Advanced Warranty 2022 Edge License unpopulated dual PSIJ power slot BacktoFront airflow fan module'rrade Agreement Act compliant model. 1720FF Summit Summit 48 IOGBASET 4 1 Year 03/01/ X670V48t[,'BAC,rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of the 48GBase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 FronttoBack 550W AC power suppliesFronttoBack airflow fans,rrade Attachment D Page 218 of 471 Page 374 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 219 of 471 Page 375 of 943 Agreement Compliant model 17202'1 Summit Summit 48 IOGBASET 4 1 Year 03/01/ X670V48t13FAC'rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of the 48 IOGBase'r ports) one VIM4 slot (unpopulated)ExtremeXO S Advanced Edge License2 BacktoFront 550W AC power suppliesBacktoFront airflow fans,rrade Agreement Compliant model 17203'1 Summit Summit 48 IOGBASET4 I Year 03/01/ X670V48t[,'BDc,rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of the 48 IOGBase'r ports) one VIM4 slot (unpopulated)ExtremeXO S Advanced Edge License 2 FronttoBack 550W DC power suppliesFronttoBack airflow fans,rrade Agreement Compliant model 17204'1 Summit Summit 48 IOGBASET4 I Year 03/01/ X670V48t13FDc'rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of the 48 IOGBase'r ports)one VIM4 slot (unpopulated)ExtremeXO S Advanced Edge License 2 BacktoFront 550W DC power supplies BacktoFront airflow fans,rrade Agreement Compliant model Attachment D Page 219 of 471 Page 375 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 17205'1 Summit Summit 48 IOGBASE'r 4 1 Year 03/01/ X670V48tFBmix'rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of I OC113ase'r ports)one VIM4 slot(unpopulated)Extreme XOS Advanced Edge Licensel FronttoBack 550W AC power supplyl FronttoBack 550W DC power supplyFronttoBack airflow fan s'rAA 17206'1 Summit Summit 48 IOGBASE'r 4 1 Year 03/01/ X670V48tt3FMlx,rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of I OC113ase'r ports)one VIM4 slot(unpopulated)Extreme XOS Advanced Edge Licensel FronttoBack 550W AC power supplyl FronttoBack 550W DC power supplyBackto Front airflow fan s'rAA 17319'1 Summit X670G248x4qFBAC,rAA FAA Summit I Year X670G248x4q 48 Warranty IOC113ASEX SI P+ and 4 40C113ASEX QSFP+ ExtremeXOS Advanced Edge License 2 550W AC Power Supplies with FronttoBack airflow and 3 FronttoBack airflow fan modules 1740101 Summit X62016xBF FAA X620 16 Limited 10OMb/I01b/I00113ASEX Lifetime SI P+ ports 2 BF 30OW Warranty AC power supplies I BF with Fan Module ExtremeXOS express Edge license Advanced Hardware Replacern ent-2 1740 r Summit X62016xFB FAA X620 16 Limited 10OMb/I01b/I00113ASEX Lifetime SI P+ ports 2 FB 30OW Warranty Attachment D Page 220 of 471 Page 376 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 221 of 471 Page 377 of 943 AC power supplies I FB with Fan Module ExtremeXOS express Edge license Advanced Hardware Replacern ent-2 174020.1 Summit X62016tBF rFAA X620 12 Limited 100Mb/I01b/100IBASE'r Lifetime ports with EF,".E 4 Warranty 100Mb/I01b/100IBASE'r with with shared with 4 express I011 /10CIBASEX SI P+ Advanced ports 2 BF 30OW AC Hardware power supplies I BF Fan Replacern Module ExtremeXOS ent-2 Edge license 17402'1 Summit X62016tFB rFAA X620 12 Limited 100Mb/I01b/100IBASE'1 Lifetime ports with EF,".E 4 Warranty 100Mb/I01b/100IBASE'1 with with shared with 4 express I011 /10CIBASEX SI P+ Advanced ports 2 FB 30OW AC Hardware power supplies I FB Fan Replacern Module ExtremeXOS ent-2 Edge license 18104-6PK VPH V40048p1OCII-,".4 6Pack Six Pack of V400 Series Limited 48 101001000BASE'r Lifetime PoE 4 1000 1 0G13aseX Warranty unpopulated SIP ports with fixed power supply and express fans Advanced Hardware Replacern ent 101 -SIP- SRA F R IJ S F P I Gl-,", F R IJ S F P I Gl-,", I Year 10/31/ 000190 COPPERIPKROHSBR COPPERIPIS ROHSBR Warranty 2024 101 -SIP- SRA 1000BASEBXD SIP 1000BASI-,".13XD SIP I Year 10/31/ BXD 1490NM SMF I -C (CON 1490N1 SMF I -C (CON Warranty 2024 101 -SIP- SRA 1000BASEBXI1 SIP 1000BASI-,".13XI1 SIP I Year 10/31/ BXIJ 13 1 ONM SMF I -C (CON 13 IONM SMF I -C (CON Warranty 2024 101 -SIP- SRA CWDM MC1131C onic CWDM MC1131C orric I Year 10/31/ CWDM80- 8OKM 1470NM I -C 8OKM 1470NM I -C Warranty 2024 1470 CONNE CONNE Attachment D Page 221 of 471 Page 377 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IG -SIP- SRA CM MC1131C op,ric CM MC1131C orric I Year 10/31/ CM80- 8OKM 1490NM I -C 8OKM 1490NM I -C Warranty 2024 1490 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 15 1 ONM I -C 8OKM 15 1 ONM I -C Warranty 2024 1510 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 1530NM I -C 8OKM 1530NM I -C Warranty 2024 1530 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 1550N1 I -C 8OKM 1550N1 I -C Warranty 2024 1550 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 1570NM I -C 8OKM 1570NM I -C Warranty 2024 1570 CONNE CONNE IG -SIP- SRA CM MC1131C op,ric C m mciinc orric I Year 10/31/ CM80- 8OKM 1590NM I -C 8OKM 1590NM I -C Warranty 2024 1590 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 1610NM I -C 8OKM 1610NM I -C Warranty 2024 1610 CONNE CONNE IG -SIP- SRA 1000BASELHA SIP 1000BASELHA SIP I Year 10/31/ 1 -HA -OM op,ric smi,' I -C CONN OP op,ric SMF I -C CONN Warranty 2024 OP IG -SIP- SRA 1000BASELHA SIP 1000BASELHA SIP I Year 10/31/ LHA-owr op,ric MMIC I -C op,ric mmi,' i -c Warranty 2024 CONNEC'r CONNEC'r IG -SIP- SRA MODULE MINIGBIC MODULE MINICII31C I Year 10/31/ I'l-113 op,ric ij-m SMF I -C op, IC ij-m smi,' i -c Warranty 2024 IG-SFP-I-X- SRA 1000BASELX SIP opTic IOOOBASEI-X SIP I Year 10/31/ OM SMI LC CONN OP op,ric SMF I -C CONN Warranty 2024 OP IG-SFP-I-X- SRA 1000BASELX SIP opTic IOOOBASEI-X SIP I Year 10/31/ OM -8 8 PACK SMI CONN op,ric 8 PACK SMI Warranty 2024 CONN IG-SFP-I-X- SRA 1000BASELX SIP opTic IOOOBASEI-X SIP I Year 10/31/ om-'r, SMI LC CONNEC'rOR op,ric SMF I -C Warranty 2024 CONNEC'rOR IG -SIP -SX- SRA 1000BASESX SIP op IC 1000BASESX SIP I Year 10/31/ OM MMIC LC CONN OP op,ric mmi,' I -C CONN Warranty 2024 OP IG -SIP -SX- SRA 1000BASESX SIP opTic 1000BASESX SIP I Year 10/31/ OM -8 8 PACKMMFTC CONN op,ric 8 PACKMMFTC Warranty 2024 CONN Attachment D Page 222 of 471 Page 378 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IG-SFSP-SX- SRA 1000BASESX SFP onic 1000BASESX SFP I Year 10/31/ om-'r MMFI.0 CONNEC'rOR onic mmi,' i -c Warranty 2024 CONNEC'rOR IG-SIP-,rx SRA MODULE MINIGBIC'rx MODULE MINICII31C I Year 10/31/ 1000BASE RJ45 'rx 1000BASE RJ45 Warranty 2024 23844-00- WiNG CORD SE'rT8AWG sv,r CORD SE'rT8AWG sv,r I Month OOR Wireless 3COND 7.517'r 3COND 7.517'r Warranty Wing 25-19371-01 WiNG CBL ASsYAN'ri-,",ITA CBL AssYAN'rT".NNA I Month Wireless Warranty Wing 25-72178-01 WiNG CABLE JUMPER CAB LE JUMPER I Month Wireless RPSMA(M) -ro RPBNC(F) RPSMA(M) -ro Warranty RPBNC(F) Wing 25-85391- WING Adapter RPSMAMNM RPSMA (Male) to 'hype N I Month OI R Wireless (Male) Adapter Warranty Wing 25-85392- WING Adapter RPSMAMNF RPSMA (Male),ro ,hype I Month OI R Wireless N (Female) Adapter Warranty Wing 25-90262- WING Adapter RPSMAFNF RPSMAFemale to I Month OIR Wireless NFemale adapter Warranty Wing 25-90263- WING Adapter RPSMAFNM RPSMAFemale to NMale I Month OR Wireless adapter Warranty Wing 25-90263- WiNG NMALETO RPSMA NMALE'ro RPSMA I Month 02R Wireless FEMALE ADAP'rER Fl -,".MAI -E ADAP'rER Warranty Wing 25-97593- WING CBL ASSYSERIAL NULL CBL ASSYSERIAL I Month OIR Wireless MODEM DB9RJ45 NULL MODEM Warranty DB9RJ45 Wing 25-99175- WING N'rype Female to N'rype N'rype Female to N'rype I Month OI R Wireless Female Adaptor Female Adaptor Warranty Wing 25G -SI P28- SRA 25CI13ASESR SF P28 25CI13ASESR SF P28 I Year 10/31/ SR MODULE1001 MODULE1001 Warranty 2024 25G -SI P28- SRA 2501 PASSIVE DIRECT 2501 PASSIVE DIRECT I Year 10/31/ 'rwx-P- AvrACHED SF P28 AvrACHED Warranty 2024 0101 COPPE SFP28COPPER imm IPI 25G -SI P28- SRA 2501 PASSIVE DIRECT 2501 PASSIVE DIRECT I Year 10/31/ 'rwx-P- AvrACHED SF P28 AvrACHED SF P28 Warranty 2024 0108 COPPE COPPER 1m,rR8PK Attachment D Page 223 of 471 Page 379 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 25G -SI P28- SRA 25G PASSIVE DIREc'r 25G PASSIVE DIREC'r I Year 10/31/ 'rwx-P- Ar[ rACHED Si P28 ArrACHED Si P28 Warranty 2024 0301 COPPE COPPER 3m,rRIPIS 2501-SFP28- SRA 2501 PASSIVE DIRECT 2501 PASSIVE DIRECT I Year 10/31/ 'rwx-P- Ar[ rACHED Si P28 ArrACHED Si P28 Warranty 2024 0308 COPPE COPPER 3m,rR8PK 40GB-CO.5- Modular 40GB QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces DAC 0.51 DAC 0.51 Warranty 40GB-001- Modular 40GB QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces CABLE IM CABLE IM Warranty 40GB-0O3- Modular 40GB QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces CABLE 3M CABLE 3M Warranty 40GB-007- Modular 40GB QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces CAB LE 7M CAB LE 7M Warranty 40GB-ESR4- Modular 40GB EXTT".NDED 40GB EXTT".NDED I Year QSFP Interfaces REACH SR4 MM QSFP+ REACH SR4, MM Warranty QSFP+ 40GB-F10- Modular 40GB QSFP FIBER 40GB, QSFP FIBER I Year QSFP Interfaces CABLE 101 CAB LE I OM Warranty 40GB-F20- Modular 40GB QSFP FIBER 40GB, QSFP FIBER I Year QSFP Interfaces CAB LE 201 CAB LE 201 Warranty 40GB-[-R4- Modular 40GB 40GBASEI-R4 SMF 40GB, 40GBASE-I-R4 I Year QSFP Interfaces QSFP+ SMI QSFP+ Warranty 40GB-[-R4- Modular 40GB L SM QSFP+ 40GB, I -R4, SM, QSFP+, I Year QSFP-G Interfaces FAA FAA Warranty 40GB-SR4- Modular 40GB 40GBASESR4 MMIC 40GB, 40GBASE-SR4 I Year QSFP Interfaces QSFP- - MIT QSFP+ Warranty 40GB-SR4- Modular 40GB SR4 MM QSFP+ 40GB, SR4, MM, QSFP+, I Year QSFP-G Interfaces FAA FAA Warranty 40G-QSFP- SRA QSFP+ TO 4 SI P+ 4xlOGF,". Direct Attached I Year 10/31/ 4SFP-AOC- AC'riVE op'riCAL QSFP+ to 4 SFP+ Active Warranty 2024 1001 CABLEIOM Optical Breakout Cable 10m 1pack 40G-QSFP- SRA DIRECT ATTACH QSFP+ 4xlOGF,". Direct Attached I Year 10/31/ 4SFP-C- 'rO 4 SI P+ AC'riVE COP QSFP+ to 4 SI P+ Active Warranty 2024 0101 Copper Breakout Cable Im 1pack 40G-QSFP- SRA DIRECT ATTACH QSFP+ 4xlOGF,". Direct Attached I Year 10/31/ 4SFP-C- 'rO 4 SI P+ AC'riVE COP QSFP+ to 4 SI P+ Active Warranty 2024 0301 Copper Breakout Cable 3m 1pack 40G-QSFP- SRA DIRECT ATTACH QSFP+ 4xlOGF,". Direct Attached I Year 10/31/ 4SFP-C- 'rO 4 SI P+ AC'riVE COP QSFP+ to 4 SI P+ Active Warranty 2024 0501 Copper Breakout Cable 5m 1pack Attachment D Page 224 of 471 Page 380 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 400.1-QSFP- SRA 40G13 QSFP DIRr,,c-r 40GIH, QSFP Direct I Year 10/31/ C-0101 AvrACH CA BEIM Attached Copper Cable Warranty 2024 1m 1pack 40G -QS P- SRA 40G13 QSFP DIRECT 40GIH, QSFP Direct I Year 10/31/ C-0501 AvrACH CABLE5M Attached Copper Cable Warranty 2024 5m 1pack 40G -QS P- SRA 40GBASEER4 QSFP+ 40G13AS1-,-,1-,-,R4 QSFP+ I Year 10/31/ ER4-1 (I -C)40[ M SMF I PK (I -C)40[ M SMF I PK Warranty 2024 40G -QS P- SRA 40GBASESR4 QSFP+ 40GBASEESR4 QSFP+ I Year 10/31/ ESR4 (MODULE) 300M optic (m'rP 1x8 or 1x12) Warranty 2024 300m over MMIC 1pack 40G -QS P- SRA 40G13AS1-,-,1-,-,SR4 QSFP+ 40GBASEESR4 QSFP+ I Year 10/31/ ESR4-8 oP'rIC 300M MMIC optic (Mr[ P lx8 or 1x12) Warranty 2024 8PACK 300m over MMIC 8pack 40G -QS P- SRA 40GBASELM4 40GBASELM4 QSFP+ I Year 10/31/ LM4 QSFP+160M OM4 1310nm 160m over Warranty 2024 MMF'2KM SMF duplex I -C OM4 MMIC 2krn over duplex I -C SMF 40G -QS P- SRA 40GQSFP[-R4 OPTIC (I -C) 40GQSFP[-R4 OPTIC I Year 10/31/ LR4-1 (I -C) Warranty 2024 40G -QS P- SRA 40GBASELR4 QSFP+ 40G13aseI-R4 QSFP+ I Year 10/31/ LR4-8 op-ric (I-C)IOKM 8PACK optic (I -C} for up to I Okm Warranty 2024 over SMI 8 PACK 40G -QS P- SRA 4X10GBASELR4 QSFP+ 40G13aseI-R4 QSFP+ to 4 1 Year 10/31/ 1,R4-IN'r 'rO 4 SI P+ (MODULE) SI P+ optic (I -C} for up to Warranty 2024 10krn over SMF 1pack 40G -QS P- SRA 4X10GBASELR4 QSFP+ 4XIOGBASELR4 QSFP+ I Year 10/31/ 1,R4-IN'r-8 'rO 4 SI P+ (8PACK) 'rO 4 SFP+ (8PACK) Warranty 2024 400.1-QSFP- SRA 40G13 QSFP DIREFr 40GIHH, Direct Attached I Year 10/31/ QSFP-AOC- Ar[ rACH AOC I OM QSFP+ to QSFP+ Active Warranty 2024 1001 Optical Cable 10m 1pack 400.1-QSFP- SRA 40CHH, QSFP+ To QSFP+ 40GIHH, Direct Attached I Year 10/31/ QSFP-C- AC'riVE COPPER QSFP+ to QSFP+ Active Warranty 2024 0101 CABIM Ccs er cable Im 1pack 400.1-QSFP- SRA 40CHH, QSFP+ To QSFP+ 40GIHH, Direct Attached I Year 10/31/ QSFP-C- AC'riVE COPPER QSFP+ to QSFP+ Active Warranty 2024 0301 CAB3M Ccs er cable 3m 1pack 400.1-QSFP- SRA 40CHH, QSFP+ To QSFP+ 40GIHH, Direct Attached I Year 10/31/ QSFP-C- AC'riVE COPPER QSFP+ to QSFP+ Active Warranty 2024 0501 CA135M Ccs er cable 5m 1pack 40G -QS P- SRA 40G13 QSFP PASSIVE 40GIH. Passive Direct I Year 10/31/ QSFP-P- DIRE, ur ArrACH Attached QSFP+ to Warranty 2024 0501 CABLE5M QSFP+ Active Copper cable 5m 1pack Attachment D Page 225 of 471 Page 381 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 40G-QSFP- SRA QSFP+ -rRANSCEIVER QSFP+ -rRANSCEIVER I Year 10/31/ SR4-1 (40GBASESR4 (40GBASESR4 Warranty 2024 s'rANDARD s'rANDARD 400.1 -QS P- SRA 40GBASESR4 QSFP+ 40GBASESR4 QSFP+ I Year 10/31/ SR4-8 onic ioom mmy,' optic (m,rp N8 or 1x12) Warranty 2024 8PACK I 00m over MMIC 8pack 400.1 -QS P- SRA QSFP+ TRANSCEIVER 40GBASESR4 QSFP+ I Year 10/31/ SR4-IN'r (IOGBASESR optic (m,rp N8 or 1x12) Warranty 2024 COMPA'rIBLE I 00m over MMIC compatible with IOC113ASESR IOG breakoutcapable 1pack 40G-QSFP- SRA 40CHH, SR QSFP+ (I -C} 40CHH, SR QSFP+ optic I Year 10/31/ SR-BIDI BIDIREc'rIONAI, (I -C) Bidirectional 100m Warranty 2024 over OM3 MMIC 41632B BD 8K BD 89001OG24Xc DCB BlackDiamond 8900 1 Year 06/30/ 24 ort IOC113ASEX SI P+ Warranty 2023 50-16000- WING ACCord NEMA 115P AC Line Cord 1.8M I Month 182R Wireless ungrounded two wire Warranty Nl-,",MA 115P U S for Wing power supplies 5014000243R 50-16000- WiNG CORDPWR18AWGIOA25 CORDPWR18AWGIOA2 I Month 217R Wireless OVA(Js,rRAI.IA 50VA(1s,rRAIIA Warranty Wing 50-16000- WiNG CORDPWR18AWGIOA25 CORDPWR18AWGIOA2 I Month 218R Wireless OVJAPAN 50VJAPAN Warranty Wing 50-16000- WiNG CORDPWR18AWGIOA25 CORDPWR18AWGIOA2 I Month 219R Wireless OVIJK 50VIJK Warranty Wing 50-16000- WiNG CORDPWR18AWG6A250 COR DPWR18AWG6A25 I Month 220R Wireless VEIJROPE OVEIJROPE Warranty Wing 50-16000- WiNG CORDPWR18AWGIOAl2 CORDPWR18AWGIOAI I Month 221R Wireless 5V(1SA 25V(1SA Warranty Wing 50-16000- WING ACCord C1-,".1-,".7/16 AC Line Cord 1.8M I Month 255R Wireless ungrounded two wire Warranty CEE7/16 Europe Abu Wing Dhabi Bolivia Dubai Egypt Iran Korea Russia Vietnam For power supply 5014000243R Attachment D Page 226 of 471 Page 382 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 50-16000- WiNG CORDPWR S. KOREA CORDPWR S. KOREA I Month 256R Wireless CON'r. EUROPE CEF,".7 CON'r. EUROPE CEE7 Warranty Wing 50-16000- WING CORDPWR CHINA CORDPWR CHINA I Month 257R Wireless Warranty Wing 50-16000- WiNG CBL ASSYCS1504 CBL ASSYCS1504 I Month 386R Wireless SERIA, 'ro (JSB CONY SERIA, 'ro [JSB CONY Warranty Wing 50-16000- WING ACCord G13209911996 AC Line Cord 1.8M I Month 664R Wireless ungrounded two wire GB Warranty 209911996 plug Wing Associated Country China For power supply 5014000243R 50-16000- WING ACCord AS 3112 AC Line Cord 1.8M I Month 666R Wireless ungrounded two wire AS Warranty 3112 plug Associated Wing Country Australia For paver supply 5014000243R 50-16000- WiNG CORDACPWR18AWG250 CORDACPWR18AWG2 I Month 669R Wireless V10A1.8MB[-KIN 50VIOA1.8MBI-KINDIA Warranty Wing 50-16000- WING ACCord BS 1363 AC Line Cord 1.8M I Month 670R Wireless ungrounded two wire BS Warranty 1363 Plug Associated Wing Countries Bermuda Hong Kong Iraq Malaysia Singapore and United Kingdom For power supply 5014000243R 50-16000- WiNG CORDACPWR18AWG250 CORDACPWR18AWG2 I Month 671R Wireless V10A1.8MB[-KI'ri- 50V10A1.8MBI-KI'rAIY Warranty Wing 50-16000- WiNG CORDACPW18AWG250V CORDACPW18AWG250 I Month 672R Wireless 10A1.8MBI-KIR V10A1.8MB[-ISIS RAE[- Warranty Wing 50-16000- WiNG CORDACPWR18AWG3 CORDACPWR18AWG3 I Month 727R Wireless PI-I1C113[-KIOABZ P[-(1GBI-K10ABRAZI[- Warranty Wing 5601013-D Cables/Co Dl-,".NMARKCORDSRAFC 0 No nnectivity 13 Warranty 5601013-F Cables/Co BRAZILCORDNBR 14136 BRAZII-,CORD,NBR No nnectivity 10A C13 14136, 10A, C13 Warranty Attachment D Page 227 of 471 Page 383 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 5601013-IJ2 Cables/Co IJSACORDNEMA 615013 IJSA,CORD,Nl-,".MA 6- No nnectivity 208250V 15,013 Warranty 5601313-J Cables/Co JIJMPERCORDC14CI3 JIJMPER,CORD,C14,Cl No nnectivity 3 Warranty 5601313 -ISI Cables/Co IJSACORDNEMA 515013 IJSA,CORD,Nl-,".MA 5- No nnectivity 15,CI3Warranty 5601313- Cables/Co USA CORD NEMA USA, CORD, NEMA No IJ 11-5 nnectivity 1,5/15P C13 3.5 M I -5/15P, C13, 3.5 M Warranty 5601513-F Cables/Co BRAZILCORD NB R BRAZIL,CORD NB R No nnectivity 14136 201 C13 14136, 201, C13 Warranty 5601513 -ISI Cables/Co IJSACORDNEMA 515 IJSA,CORD,Nl-,-.MA 5-15, No nnectivity C13 14 AWG C13,14 AWG Warranty 5602019 -AS Cables/Co A(Js,rRAIIACORDAS311 A(Js,rRAIIA,CORD,AS No nnectivity 2C19SHLD 3112,CI9,Sl-ll-D Warranty 5602019 -BS Cables/Co soum soum No nnectivity AFRICACORDSABS AFRICA,CORD,SABS Warranty 164/IC19SI-11-D 164/1,CI9,Sl-ll-D 5602019 -CS Cables/Co ARGI-,".N,rINACO RDI RAM ARGI-,".N,rINA,CORD,IR No nnectivity 2073C19SHLD AM 2073,C19,Sl-ll-D Warranty 5602019 -ES Cables/Co E(JROPECORDCI-,".I-,".7C I 9S E(JROPE,CORD,CEE7,C No nnectivity 141-D 19iSHI-D Warranty 5602019 -FS Cables/Co BRAZILCORDNBR 14136 BRAZII-,CORD,NBR No nnectivity 201 C19 SII D 14136 201, C19, SII D Warranty 5602019-J Cables/Co CORD JUMPER C19 C20 CORD, JUMPER, C19, 0 nnectivity C20 Warranty 5602019 -KS Cables/Co IJKCORDBS IJK,CORD,BS No nnectivity 1363C19SHLD 1363,CI9,Sl-ll-D Warranty 5602019 -SS Cables/Co SWISSCORDSEVIOIIC19 SWISS,CORD,SEVIOII, No nnectivity SHI-D C19,Sl-ll-D Warranty 1 5602019- Cables/Co IJSACORDNEMA IJSA,CORD,Nl-,-.MA 5- No IT nnectivity 520C19SI-11-D 20,CI9,Sl-ll-D Warranty 5602019- Cables/Co IJSACORDNEMA IJSA,CORD,Nl-,-.MA 6- No IJ S2 nnectivity 620C19SI-11-D 20,CI9,Sl-ll-D Warranty 5602019- Cables/Co Twis,FLOCK Nl-,".MA 1-615 Twis,FLOCK Nl-,".MA No IJ S21-6 nnectivity ITS 220VAC 1-615 ITS 220VAC Warranty 5602019- Cables/Co Twis,FLOCK Nl-,".MA 1-620 Twis,FLOCK NEMA 1-6- No IJ S21-620 nnectivity ITS 220VAC 20 ITS 220VAC Warranty 5602019- Cables/Co IJSACORDNEMA IJSA,CORD,Nl-,-.MA 5- No USI -I nnectivity 520C19SI-11-D 3M 20,CI9,Sl-ll-D, 3M Warranty 71A- Fixed ITS 710001 FAN MO D (JI -E 710001 FAN MOD (JI -E 5 Year 05/30/ 7 1 G FAN SPARE SPARE, Warranty 2024 1 71 1 -EES- Fixed E 7100 ADVANCE 7100 ADVANCE Software 05/30/ ADVIA ROurING I -ICI -,".NSE ROurING I -ICI -,".NSE Warranty 2024 71 1 -EES -G- Fixed E 710OG ADVANCED 710OG ADVANCED Software 05/30/ ADVIA ROurING I -ICI -,".NSE ROurING I -ICI -,".NSE Warranty 2024 Attachment D Page 228 of 471 Page 384 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 71A-EOS- Fixed E,rS 710OG MAC SEC 710OGMACSEC Software GMACSEC IICI-Ion SIS, I -ICI -,".NSE Warranty 71A-EOS- Fixed ITS 7100K MAC SEC 7100K MACSEC Software KMACSEC IICI-,".NSE I -ICI -,".NSE Warranty 71A -FAN Fixed ITS 7100 FAN MODULE 7100 AN MODULE I Year 05/30/ SPARE SPARE Warranty 2024 1 71A -POE -A Fixed ITS 710OG POE POWER 710OG POE POWER I Year 05/30/ SUPPLY 1/0 SIDE SUPPLY 1/0 SIDE Warranty 2024 EXI-IA(Js,r EXI-IA(Js,r 71A -POE -B Fixed ITS 710OG POE POWER 710OG POE POWER I Year 05/30/ SUPPLY 1/0 SIDE SUPPLY 1/0 SIDE Warranty 2024 IN,rAKE IN,rAKE 71A -PS -A Fixed ITS 7100 POWER SUPPLY 1/0 7100 POWER SUPPLY I Year 05/30/ SIDE AIR EXI-IA(Js,r 1/0 SIDE AIR EXI-IA(Js,r Warranty 2024 71A -PS -B Fixed ITS 7100 POWER SUPPLY 1/0 7100 POWER SUPPLY I Year 05/30/ SIDE AIR IN,rAKE 1/0 SIDE AIR IN,rAKE Warranty 2024 71A -RACK- Fixed ETS 7100 UNIVERSAL RACK I Year 05/30/ (i MO(JN,r KI,r Warranty 2024 71GIIK21-2- Fixed E 7148GF48 PORT SIP 2 7148GF48 PORT SIP 2 Limited 05/30/ 48 SI P+ 2 QSFP+ SI P+ 2 QSFP+ Lifetime 2024 Warranty with express Advanced Hardware Replacern ent-2 71G2lK2[-2- FixedETS 7124/24G24PORTPOE 7124/24G 24 PORT POE Limited 05/30/ 24P24 24 SIP 2 SIS P+2 QSFP 24 SIP 2 SFP+2 QSFP Lifetime 2024 Warranty with express Advanced Hardware Replacern ent-2 71G2lK2[-2- FixedETS 7148G48PORTPOE 2 7148G 48 PORT POE 2 Limited 05/30/ 48P SI P+ 2 QSFP+ SI P+ 2 QSFP+ Lifetime 2024 Warranty with express Advanced Hardware Replacern ent-2 Attachment D Page 229 of 471 Page 385 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 71KIII-4-24 FixedE'rS 7124 24 POR'rs SI P+ W/ 4 7124 24 POR'rs SI P+ W/ I Year 05/30/ 40GIG GSI P+ 4 40GIG GSI P+ Warranty 2024 71KIII-4-48 Fixed ETS 7148 48 PORTs SI P+ 7148 48 PORTs SI P+ I Year 05/30/ wi-rH 4 40GIG GSI P+ wi-rH 4 40GIG GSI P+ Warranty 2024 71K911-4-24 Fixed E 7124'1 24 PORTs 7124'1 24 PORTs I Year 05/30/ IOGBASE'r W/4 40GIG I OGBASE'r W/4 40GIG Warranty 2024 QSFP+ QSFP+ 71K911-4-48 Fixed EES 7148'148 PORT s 7148'148 PORT s I Year 05/30/ I OGBASE'r W/ 4 40GIG Q I OGBASE-r W/ 4 40GIG Warranty 2024 Q 8G -SIP- SRA FRIJSFP[-Wl-8GIOKMIP FRIJSFP[-Wl-8GIOKMIP I Year 10/31/ 000153 KBR KBR Warranty 2024 8G -SIP- SRA FRIJSFPSWl-8GIPKBR FRIJSFPSWl-8GIPKBR I Year 10/31/ 000163 Warranty 2024 1 8G -SIP- SRA FRIJSFPSWl-8G8PKBR FRIJSFPSWl-8G8PKBR I Year 10/31/ 000164 Warranty 2024 8G -SIP- SRA FRIJSFP[-Wl-8GIOKM8P FRIJSFP[-Wl-8GIOKMMP I Year 10/31/ 000172 KBR KB R Warranty 2024 8G -SIP- SRA FR(JSFP+E[-Wl-8G25KMI FR(JSFP+E[-Wl-8G25K I Year 10/31/ 000174 PKBR MIPKBR Warranty 2024 9380010-3M Cables/Co CBL ASSY EC To i -c CBL ASSY, i -c To i -c No nnectivity DPLX IOG13 MM FBR 3M DPI -X, IOG13 MM FBR, Warranty 3M 9380011-3M Cables/Co CBL ASSY sTro i -c CBL ASSY, sT To i -c No nnectivity DPLX IOG13 MM FBR 3M ISP[ -X, I OG13 MM FB R Warranty 3M 9380012-3M Cables/Co CBL ASSY suro i -c CBL ASSY, sc To i -c No nnectivity DPLX IOG13 MM FBR 3M DPI -X, IOG13 MM FBR, Warranty 3M 9380014-5M Cables/Co CBL MPO 4 I -C CBL, MPO- 4 I -C No nnectivity ISP I-XPI-I-,".NIJMIO GB D P [-X, P1 -1-,-,N (JM, 10 G13 Warranty MM 51 MM, 5M 9380527-3M Cables/Co CBL ASSY EC To sc CBL ASSY, i -c To sc No nnectivity DPLX 62.5 MM FBR 3M ISP[ -X, 62.5 MM FB R, Warranty 3M 9380528-3M Cables/Co CBL ASSY EC To s'r CBL ASSY, i -c To sT No nnectivity DPLX 62.5 MM FBR 3M ISP[ -X, 62.5 MM FB R, Warranty 3M 9380529-3M Cables/Co CBL ASSY EC To i -c CBL ASSY, i -c To i -c No nnectivity DPLX 62.5 MM FBR 3M ISP[ -X, 62.5 MM FB R, Warranty 3M 9380530-3M Cables/Co CBL ASSY EC To sc CBL ASSY, i -c To sc No nnectivity DPLX SM FBR 3M DPI -X, SM FBR, 3M Warranty 9380531-3M Cables/Co CBL ASSY EC To s'r CBL ASSY, i -c To sT No nnectivity DPLX SM FBR 3M DPI -X, SM FBR, 3M Warranty Attachment D Page 230 of 471 Page 386 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 9380532-31 Cables/Co CBL ASSY i-c'ro i -c CBL ASSY, i -c -ro i -c No nnectivity DPLX SM IAB R 3M DPI -X, SM FBR, 3M Warranty A4HI24- Fixed 1-2 HIGH AVAILABR-TTY 24 HIGH AVAILABUTFY Limited 12/31/ 24FX PC R'r IOOBASEFX A4 24 PC R'r I00BASI-,TX Lifetime 2022 A4 Warranty with express Advanced Hardware Replacern ent-2 A4HI24-24P Fixed 1-2 24 PORT 10/100 POE A4 24 PORT 10/100 POE A4 Limited 12/31/ swrrCH swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 A4HI24- Fixed 1-2 HIGH AVAILABR-TTY 24 HIGH AVAILABUTFY Limited 06/30/ 24'rx PC R'r 10/100 A4 24 PC R'r 10/100 A4 Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 A4HI24-48 Fixed 1-2 48 PORT 10/100 A4 48 PORT 10/100 A4 Limited 12/31/ swrrCH swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 A4HI24-48P Fixed 1-2 48 PORT 10/100 POE A4 48 PORT 10/100 POE A4 Limited 12/31/ swrrCH swrrCH Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 231 of 471 Page 387 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 232 of 471 Page 388 of 943 Replacern ent-2 A41-1254- Fixed 1-2 HIGH AVAIABR -TrY A4 HIGH AVAILABUTFY Limited 06/30/ 8178'r w 8'rx 8 A4 w 8'rx 8 Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 AA0020049- FAN PWR CRD 20A/125V POWER CORD I Year 06/30/ E6 NEMA 520 NA 20A/125V NEMA 520 Warranty 2022 NOR'rH AMF".RICA AA0020050- FAN PWR CRD 15A/250V POWER CORD I Year E6 NEMA 615 NA 15A/250V NEMA 615 Warranty NOR'rH AMF".RICA AA0020051- FAN PWR CRD 16A/250V POWER CORD I Year E6 Cl -,",l-,",7/7 EURO 16A/250V Cl -,",l-,",7/7 Warranty CON,rlNl-,".N,rAl, EUROPE AA0020052- FAN PWR CRD 16A/250V POWER CORD I Year E6 CE123 rrAI-Y 16A/250V CEI 2350 S17 Warranty rrALY AA0020053- FAN PWR CRD 16A/250V S132 POWER CORD I Year E6 ISRAEL 16A/250V SI 32 ISRAEL Warranty AA0020054- FAN PWR CRD 15A/250V POWER CORD I Year E6 BS546 IND/SAF 15A/250V BS546 INDIA Warranty / sourl-I AFRICA AA0020055- FAN PWR CRD 16A/230V MIN POWER CORD I Year E6 IN'ri- 16A/23 OV 3 PIN Warranty IEC60309 IN'rERNA'riONAL AA0020056- FAN PWR CRD 20A/250V POWER CORD I Year E6 NEMA 1.620 NA 20A/250V NEMA 1-620 Warranty 'rwis'r LOCK NOR'rH AMF".RICA AA0020057- FAN PWR CRD 15A/250V AS POWER CORD I Year E6 3112 AIT 15A/250V AS 3112 Warranty A[Js,rRAI,IA AA0020058- FAN PWR CRD 13A/230V POWER CORD I Year E6 B S 13 62 [1K/IRE, 13A/230V BS 1362 UK Warranty AND IRE, LAND AA0020059- FAN PWR CRD 16A/250V POWER CORD I Year E6 G1311918 CHINA 16A/250V G13 1191889 Warranty GRE,A'rER CHINA Attachment D Page 232 of 471 Page 388 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA0020060- EAN PWR CRD 15A/250V POWER CORD I Year E6 NEMA 1-615 NA 15A/250V NEMA 1-615 Warranty 'rwis'r LOCK NOR'rH AMF".RICA AA0020062 EAN POWER CORD IEC C13 POWER CORD 2.51 I Year E6 'rO NEMA 515P U SA I OA IEC C15 'rO NEMA Warranty 515 USA AA0020063 EAN POWER CORD IEC C13 POWER CORD 2.51 I Year E6 'rO BS1363 IJK 10A IEC C13 'rO BS1363 Warranty IJK AA0020064 EAN POWER CORD IEC C13 POWER CORD 2.51 I Year E6 'ro CEIH. 7/17 EU 10 1 IEC C 13 'ro CEE Warranty 7/17 EU AA0020067 EAN POWER CORD IEC C13 POWER CORD IEC C13 I Year E6 'ro IS1293 INDIA 'ro IS1293 INDIA Warranty AA0020068 EAN POWER CORD IEC C13 POWER CORD 2.51 10 1 Year E6 'rO AS 3112 A[Js,r IEC C13 'rO AS 3112 Warranty AA0020069 EAN POWER CORD IEC C13 POWER CORD 2.51 I Year E6 JAPAN 'TAIWAN 12A IEC C13 'ro ji s Warranty 8303 JAPAN CNS10917 'rAIWAN AA0020071- EAN POWER CORD IEC C15 POWER CORD 2.51 I Year E6 'rO BS1363 IJK 10A IEC C15 'rO BS1363 Warranty IJK AA0020072- EAN POWER CORD IEC C15 POWER CORD 2.51 I Year E6 'ro CEIH. 7/17 EU 10A IEC C15'ro CEE Warranty 7/17 EU AA0020073- EAN POWER CORD IEC C15 POWER CORD 2.5 M I Year E6 'ro jis 0303 JAPAN 10A IEC C15 'ro jis Warranty 0303 JAPAN AA0020074- EAN POWER CORD IEC C15 POWER CORD 2.O1 I Year E6 'rO NEMA 515 U SA I OA IEC C 15 'rO NEMA Warranty 515 USA AA0020075- EAN POWER CORD IEC C15 POWER CORD 2.51 I Year E6 'rO AUS3112 AUS NZ 10A IEC C15 'ro Warranty AIJS3112 AUS NZ AA0020076- EAN VSP PWR CRD 20A/125V VSP PWR CRD No E6 NEMA 520 NA 20A/125V NEMA 520 Warranty NA AA0020077- EAN VSP PWR CRD 15A/250V VSP PWR CRD No E6 NEMA 615 NA 15A/250V NEMA 615 Warranty NA AA0020078- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 CEIH,7/7 EURO 16 1/250V CEIH.7/7 EURO Warranty AA0020079- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 CE123 rrALY 16A/250V CE123 rrALY Warranty Attachment D Page 233 of 471 Page 389 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA0020080- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 S132 ISRAEL 16A/250V S132 ISRAEL Warranty AA0020081- EAN PWR CRD 16A/250V IEC PWR CRD 16A/250V No E6 C19 SAN 1641 SAF IEC C19 SAN 1641 SAF Warranty AA0020082- EAN VSP PWR CRD 16A/230V VSP PWR CRD No E6 3 PIN IN'r I- 16A/230V MIN IN'ri- Warranty AA0020083- EAN VSP PWR CRD 20A/250V VSP PWR CRD No E6 NEMA 1.620 NA 20A/250V NEMA 1-620 Warranty NA AA0020084- EAN VSP PWR CRD 15A/250V VSP PWR CRD No E6 AS 3112 AU 15A/250V AS 3112 AU Warranty AA0020085- EAN VSP PWR CRD 13A/230V VSP PWR CRD No E6 B S 13 62 (JK/IRE, 13A/230V BS1362 Warranty (JK/IRE AA0020086- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 G1311918 CHINA 16A/250V G1311918 Warranty CHINA AA0020087- EAN VSP PWR CRD 15A/250V VSP PWR CRD No E6 NEMA 1-615 NA 15A/250V NEMA 1-615 Warranty NA AA0020094- EAN POWER CORD C15 'ro POWER CORD 2.51 I Year E6 CNS 10917'rAIWAN IEC C 15 'ro CNS 10917 Warranty 'rAIWAN AA0020097- EAN POWER CORD C15 'ro POWER CORD C15 TO I Year E6 SANS 1641 S. AFRICA SANS 1641 SC url-I Warranty AFRICA AA0020100- EAN POWER CORD C15 'ro POWER CORD 2.51 I Year E6 NB R 1413 6 BRAZI L IEC C15'rO NB R 14136 Warranty BRAZIL AA0020101- EAN POWER CORD C13 'ro POWER CORD2.51 IEC I Year E6 NB R 1413 6 BRAZI L C13 'rO NB R 14136 Warranty BRAZIL AA0020102- EAN POWER CORD cig,ro POWER CORD cTq'rO No E6 NB R 1413 6 BRAZI L NB R 14136 BRAZIL Warranty AA0020103- EAN POWER CORD C15 'ro POWER CORD 2.51 I Year E6 SHV 1011 SWISS IEC C15 'ro SHV 1011 Warranty swrrZERLAND AA0020104- EAN POWER CORD C13 'ro POWER CORD 2.51 I Year E6 SHV 1011 SWISS IEC C13 'ro SHV 1011 Warranty swrrZERLAND AA0020105- EAN POWER CORD C15 'ro POWER CORD 2.51 I Year E6 CEI 2316 rrALY IEC C15 'ro CEI 2316 Warranty rrALY AA0020106- EAN POWER CORD C15 'ro POWER CORD 2.51 I Year E6 S132 ISRAEL IEC C15 'ro S132 Warranty ISRAEL Attachment D Page 234 of 471 Page 390 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA0020107- IRAN POWER CORD C13'ro POWER CORD 2.5M I Year E6 S132 ISRAEL IEC C13 'ro S132 Warranty ISRAEL AA0020108- IRAN POWER CORD C15'ro POWER CORD C15 TO I Year E6 1,615P 1-615P 250V/15A 2.5 Warranty mE'rER'rwis'r AND LOCK AA0020109- IRAN POWER CORD C15'ro POWER CORD 2.5M I Year E6 BS546 INDIA IEC C15'rO BS546 Warranty INDIA AA00201 10- IRAN PWER CORD C15'ro POWER CORD 2.5M I Year E6 IRAM 2073 ARGIH.N'rINA IEC C15 'ro I RAM 2073 Warranty ARGIH.N'rINA AA0020112- IRAN VSP8608 DC Pwr Cord for VSP8608 DC Pwr Cord No E6 EC8605AO2E6 for EC8605AO2E6 Warranty AA1403001- IRAN XFP I-R/I-W LAN/WAN I POR'r I Year E5 SM 10I M l0G13ASEI-R/I-W XIP Warranty LAN/WAN SINGLE MODE up,ro IOKM AA1403005- IRAN XFP SR MMF upTo I PORT IOC113ASESR I Year E5 300M xi,,p mijurIMODE Warranty FIBRE up'rO 300M AA1403011- IRAN Si P+ LR SM 10I M SFP+ LR SM 10I M I Year E6 Warranty AA1403011- IRAN 10G13I-R Si P+ SMF UP IOC113ASEI-R (Si P+) 10G I Year E6H'r -ro IOKM (H -r 85C) S(JPPOR'rs SMF up,ro Warranty IOKM (unGurri-,-.mp oc -ro 85C) AA1403013- IRAN Si P+ ER SM 10I M SF P+ ER SM 10I M I Year E6 Warranty AA1403015- IRAN SFP+ SR MMF300M SF P+ S R MMF 300M I Year E6 Warranty AA1403015- IRAN I OG13 S R SF P+ MMI' UP IOC113ASESR (SFP+) 10G I Year E6H'r -rO 300M (H -r 85C) S(JPPOR'rs mi' up,ro Warranty 300M (unGurri-,-.mp oc -ro 85C) AA1403016- IRAN IPORT IOGIH. Si P+ I -(3i I PO RT I OGIH, Si P+ I Year E6 REACHZR LONGRE, ACHZR Warranty AA1403017- IRAN SFP+ LRM MMI' SFP+ LRM MMF I Year E6 220M/300M 220M/300M Warranty AA1403018- IRAN SFP+ DIRECT ATTACH SFP+ DIRECT ATTACH I Year E6 CABLE IOM CABLE IOM Warranty AA1403019- IRAN SFP+ DIRECT ATTACH SFP+ DIRECT ATTACH I Year E6 CABLE3M CABLE3M Warranty AA1403020- IRAN SFP+ DIRECT ATTACH SFP+ DIRECT ATTACH I Year E6 CABLE 5M CABLE 5M Warranty Attachment D Page 235 of 471 Page 391 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA1403022- IRAN SFP+ DIRE, ur AvrACH SFP+ DIREC'r AvrACH I Year E6 CARIE 7M CAB LE 7M Warranty AA1403043- IAN IOC113ase'r SFP+ RJ45 IOC113ase'r SFP+ RJ45 I Year E6 Conn Upto 30m Conn Upto 30m Warranty AA1403165- IAN I PRT CWDM SFP+ I PRT CWDM SFP+ I Year E6 1550NM 70KM 1550NM 70KM Warranty AA1403169- IAN IOGBX l0krn SI P+ IOGBX l0krn SFP+ I Year E6 'rX/RX pair AA1403170 'rX/RX pair AA1403170 Warranty AA1403170- IAN IOGBX l0krn SI P+ IOGBX l0krn SFP+ I Year E6 Rx/,rx pair AA1403169 RX/'rx pair AA1403169 Warranty AA1404001- IAN 40GBASELR4 QSFP+ 40GBASELR4 QSFP+ I Year E6 'rRANSCEIVER 'rRANSCEIVER Warranty AA1404002- IAN 40G I -M4 QSFP+ tip To 40G I -M4 QSFP+ [1P To I Year E6 80m ON MMIC 80m ON MMIC Warranty AA1404003- IAN 40CIF-R4 QSFP+ 1310nm 40CIF-R4 QSFP+ 1310nm I Year E6 SMF up to 30krn SMF up to 30krn Warranty AA1404005- IAN 40GSR4/4XIOGSR QSFP+ 40GSR4/4XIOGSR I Year E6 'rRANSCEIVER QSFP+ -rRANSCEIVER Warranty AA1404006- IAN 40G13ASF".F".S R4/4x I OC113A 40C113ASEESR4/4xlOGB I Year E6 SESR Upto 300m ASESR Upto 300m Warranty AA1404028- IAN QSFP+ To QSFP+ IOM Q SF P+ To Q SF P+ I OM I Year E6 AOC AOC Warranty AA1404029- IAN QSFP+ To QSFP+ DAC QSFP+ To QSFP+ DAC I Year E6 CABLE IM CABLE IM Warranty AA1404030- IAN QSFP+ To QSFP+ DAC QSFP+ To QSFP+ DAC I Year E6 2M PASSIVE COPPER 2M PASSIVE COPPER Warranty AA1404031- IAN QSFP+ To QSFP+ DAC QSFP+ To QSFP+ DAC I Year E6 CABLE 3M CABLE 3M Warranty AA1404032- IAN QSFP+ To QSFP+ DAC QSFP+ To QSFP+ DAC I Year E6 CABLE 5M CAB LE 5M Warranty AA1404033- IAN QSFP+ To SI P+ DAC QSFP+ To SFP+ DAC I Year E6 BREAKOur CABLE IM BREAKOur CABLE IM Warranty AA1404035- IAN QSFP+ To SI P+ DAC QSFP+ To SFP+ DAC I Year E6 BREAKOur CABLE 31 BREAKOur CABLE 3M Warranty AA1404036- IAN QSFP+ To SI P+ DAC QSFP+ To SFP+ DAC I Year E6 BREAKOur CABLE 51 BREAKOur CABLE 5M Warranty AA1404037- IAN QSFP+ To QSFP+ DAC QSFP+ To QSFP+ DAC I Year E6 CABLE 0.5M CAB LE 0.5M Warranty AA1404041- IAN QSFP+ TO 4SFP+ AOC QSFP+ TO 4SFP+ AOC I Year E6 IOM (AC-rIVE) IOM (AC-riVE) Warranty AA1405001- IAN 1OOG13ASEI-R4 QS P28 lOOG13ASEI-R4 QS P28 I Year E6 (1-C Connector) (1-C Connector) Warranty AA1405005- IAN IOOGBASESR4 QS P28 IOOGBASESR4 QS P28 I Year E6 I (MPO Connector MPO Connector) Warranty AA1405029- IAN ING QSFP28 To QS P28 � ING QSFP28 To I Year E6 DAC IM QSFP28 DAC IM Warranty Attachment D Page 236 of 471 Page 392 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA1405031- FAN 100G QSFP28 -ro QSFP28 100G QSFP28 -ro I Year E6 DAC 31 QSFP28 DAC 3M Warranty AA1405032- FAN 100G QSF P28 To QSFP28 100G QSF P28 To I Year E6 DAC 51 QSFP28 DAC 5M Warranty AA1419043- FAN SFP 1000BASET (RJ45) SFP 1000BASET (RJ45) I Year E6 Warranty AA1419048- FAN SFP 100013ASESX DDI SFP 100013ASESX DDI I Year E6 (I -C) (I -C) Warranty AA1419049- FAN SFP 1000BASEI-X DDI SFP 1000BASEI-X DDI I Year E6 (I -C) (I -C) Warranty AA1419065- FAN SFP CWDM DDI (LC) SFP CWDM DDI (I -C} I Year E6 1550N1 70K1 1550N1 70K1 Warranty AA1419069- FAN SFP 1000BASEBX (I -C} SFP 1000BASF,-.13X (I -C} I Year E6 1310N1 1310N1 Warranty AA1419070- FAN SFP 1000BASEBX (I -C} SFP I000BASI-,-,13X (I -C} I Year E6 1490N1 1490N1 Warranty AA1419074- FAN SFP 100BASEFX (I -C} I PORT l00BAS1-,".FX I Year E6 SFP (I -C) Warranty AD -CMC -P- WING IICI-,".NSE CF-,",NTRALIZED I -ICI -,".NSE Software I WirelessMANAC!1-,"M-,".N'r CF-,".N,rRAI-IZED Warranty CONSOLE 1 ANAC11-,".M1-,".N'r CONSOLE AD-FERS-P- WING L ICI"N SERAD 10 SHARE, I-ICI-,".NSFRADIO SHARE, Software I Wireless ADV FORE, NSICS I AP ADV FORE, NSICS I AP Warranty AIS -I ESN -P- WiNG I -ICI -,".NSE ADV I -ICI -,".NSE ADV Software I Wireless FORE, NSICS FOR ONE FORE, NSICS FOR ONE Warranty SF -,NSC RAD SF -,NSC RAD AD -FI -RS -P- WING I - ICI -NSE RS WIPS FOR I LICF,".NSERS WIPS FOR Software I Wireless SF -NSC RADSP I SF -NSC RADSP Warranty AD -FI -RS -P- WING I - ICI -NSE RS WIPS FOR LICF,".NSERS WIPS FOR Software 100 Wireless 100 SF -NSC RADSP 100 SF -NSC RADSP Warranty AD -FI -RS -P- WING I - ICI -NSE RS WIPS FOR LICF,".NSERS WIPS FOR Software 1000 Wireless 1000 SF -NSC RADSP 1000 SF -NSC RADSP Warranty AD -FI -RS -P- WING I - ICI -NSE RS WIPS FOR LICF,".NSERS WIPS FOR Software 2000 Wireless 2000 SF -NSC RADSP 2000 SF -NSC RADSP Warranty AD-SNFI--P- WING I -ICI -,".NSE WIPS FOR ONE I -ICI -,".NSE WIPS FOR Software I Wireless SEN SO RAI RDI -,".F, 1-,".N SE ONE Warranty Sl-,".NSORAI RDEFI-,".NSE AD-VASN- WING LICF,".NSEVULNERABILI LICF,".NSEVULNERABIL Software P-1 Wireless 'rY ASSESMN'r i rrY ASSESMN'r i Warranty Sl-,".NSOR Sl-,".NSOR AH3313105 FAN EPM INCREM1-,".N'rAI- EPM INCRE Kif"KFAL Software 03/12/ 1000 1000 Warranty 2021 Al- Smart AIDQ04360S AIDQ04360S Dipole I Year DQ04360S OmniEdge Omni Array 5.5dBi/6dBi Warranty Wireless dual band outdoor with Attachment D Page 237 of 471 Page 393 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 238 of 471 Page 394 of 943 quad feed 36 leads and RPSMA connectors AL1011001- IRAN UNIVERSAL RACK UNIVERSAL RACK I Year E6 MO(JN'r KI'r D MO[JN'r KI'r D Warranty ERS48XX ERS55XX ERS56XX VSP4000 VSP7000 AL1905005- IAN ERS5600 and VSP4000 ERS5600 and VSP4000 Limited 12/20/ E5 30OW DC P/S 30OW DC P/S Lifetime 2030 Warranty with express Advanced Hardware Replacern ent A[-19050613- HAI DC PSIJ 450W ERS5900 DC POWER SUPPLY Limited E6 VSP7000132h 450W E 5590 VSP7000 Lifetime BACK'rO FRON'r AIR Warranty FLOW with express Advanced Hardware Replacern ent A[ -190506F- EA N DC PSIJ 450W ERS5900 DC POWER SUPPLY Limited E6 VSP7000 F213 450W E 5590 VSP7000 Lifetime FRON'r'rO BACK AIR Warranty FLOW with express Advanced Hardware Replacern ent A[-1905108-EAN 4800G,rs/8100 30OW AC ERS4800G,rS/WI-AN810 Limited E5 P/S NO PC 0 30OW AC RE, D PSIJ Lifetime NO PWR CRD ROHS 6/6 Warranty with express Advanced Hardware Replacern ent A[ -1905A09- EAN ERS4900 250W PSIJ NO ERS4900 250W POWER Limited E6 POWERCORD SUPPLY (JNI'r NO Lifetime POWERCORD Warranty Attachment D Page 238 of 471 Page 394 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 239 of 471 Page 395 of 943 with express Advanced Hardware Replacern ent A[-1905AI9- EAN ERS4900 1025W PSIJ NO ERS4900 1025W Limited E6 POWERCORD POWER SUPPLY IJNI'r i-ifetime NO POWER CORD Warranty with express Advanced Hardware Replacern ent A[ -1905A21- EAN 480OGTsPWR+ 1000W ERS4800G'rsPWR+ Limited E6 AC P/S NO PC 1000W AC RED PSIJ NO Lifetime P CRD Warranty with express Advanced Hardware Replacern ent Al-1905A3B EAN ERS5900 B2F 1400W PSIJ ERS5900 1400W AC Limited -E6 NO PC PSIJ B2F NO PC Lifetime Warranty with express Advanced Hardware Replacern ent A[-1905A3F- EAN ERS5900 F2B 1400W PSIJ ERS5900 1400W AC Limited E6 NO PC PSIJ F2B NO PC Lifetime Warranty with express Advanced Hardware Replacern ent A[-1905EI9- EAN ERS4900 1025W PSIJ NO ERS4900 1025W Limited E6 PC ERA'rE POWER SUPPLY IJNI'r i-ifetime NO PWR CORD ERA'rE Warranty ONLY with Attachment D Page 239 of 471 Page 395 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 240 of 471 Page 396 of 943 express Advanced Hardware Replacern ent A[ -1905E21- EAN 480OGTsPWR+ 1000W ERS4800G'rsPWR+ Limited E6 AC P/S NO PC ERA'rE 1000W AC RED PSIJ NO Lifetime PWR C RD ERA'rE Warranty ONLY with express Advanced Hardware Replacern ent A[-1905E3F- EAN ERS5900 F2B 140OW PSIJ ERS5900 FRON'Fro Limited E6 NO PC ERA'rE BACK 140OW PSIJ NO Lifetime PWR CORD ERA'rE Warranty ONLY with express Advanced Hardware Replacern ent AL2011020- EAN DB9 Fl-,".M,rO RJ45 CONS DB9 IE TO RJ45 I Year E6 CON RED CONS CON RED CONY Warranty DB9 M'rO RJ45 SERIAL AL2011022- EAN 1.51 RJ45/DB9 FEM 1.51 RJ45[DB9 INTEGR I Year E6 IN'rEGR CONS CBI. CONS CABLE W DB9 Warranty Fl -,".M FOR PC AND RJ45 A[-3500101-EAN ERS 3526'l NO PC 3526'r 24 10/100 PORTS Limited 06/30/ E6 2 10/100/1000/SFP 2 Lifetime 2023 RE, AR SEP NO PC Warranty with express Advanced Hardware Replacern ent-2 A[ -3500A02- EAN 3556'1 NO PC 3556'1, 48 10/100 PORTS Limited 06/30/ E6 2 10/100/1 OOO/SF P 2 Rr Lifetime 2023 SIP NO PC Warranty with express Advanced Hardware Attachment D Page 240 of 471 Page 396 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 241 of 471 Page 397 of 943 Replacern ent-2 A[ -3500A04- EAN ERS 3510G'1 NO PC 3510G,r NO PC Limited E6 Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-3500105-EAN ERS 3 524G,r NO PC 3 524G,r 24 10/100/1000 Limited 06/30/ E6 POR'rS 4 SEP 2 REAR Lifetime 2023 SIP NO PC Warranty with express Advanced Hardware Replacern ent-2 A[-3500106-EAN 3549GTS NO PC 3549GTS 48 10/100/1000 Limited 06/30/ E6 POR'rS 2 SHARED SIP Lifetime 2023 1 SFP+ 2 RE, AR s'rK NO Warranty PC with express Advanced Hardware Replacern ent-2 A[ -3500A11- EAN ERS 3526'1 PWR+ NO PC 3526'1 PWR+ 24 10/100 Limited 06/30/ E6 POE POR'rS 2 Lifetime 2023 10/100/1000/SFP 2 RE, Warranty SIP NO PC with express Advanced Hardware Replacern ent-2 A[-3500Al2- EAN 3556'rPWR+ NO PC 3556'rPWR+ 48 10/100 Limited 06/30/ E6 POE POR'rS 2 Lifetime 2023 10/100/1000/SFP 2 Rr Warranty SIP NO PC with express Advanced Hardware Attachment D Page 241 of 471 Page 397 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 242 of 471 Page 398 of 943 Replacern ent-2 A[ -3500A14- FAN ERS 351001'1 PW R+ NO ERS3510G'rPWR+NO Limited E6 PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -3500A15- FAN ERS 352401,1 PWR+ NO 352401,1 PWR+ 24 Limited 06/30/ E6 PC 10/100/1000 POE + Lifetime 2023 PC R'rS 4 SIP 2 REAR Warranty SIP NO PC with express Advanced Hardware Replacern ent-2 A[ -3500A16- FAN 3549G,1,sPWR+ NO PC 35490 ,FsPWR+ 48 Limited 06/30/ E6 10/100/1000 802.3at PoE Lifetime 2023 1 SFP+ 2 RE, AR s'rK NO Warranty PC with express Advanced Hardware Replacern ent-2 AL3511001- FAN ERS 3500 RACK MOUNT 3500 RACK MOUNT I Year E6 KI'r SPARE Warranty AL3511002- FAN ERS 3510 PAIR RACK 3510 PAI R RACK KIT I Year E6 KI'r JOIN 'rwO 3 510 Warranty swacHES FOR 19 INCH RACK MN'r AL3511003- FAN ERS 3510 SINGLE RACK 3510 SINGLE RACK I Year E6 KI'r KIrl, ,ro MO(JN'r ONE Warranty 3510 swrrCH IN A19 INCH RACK AL3518001- FAN ERS3500 46CM STACK 350OSSC STACK I Year E6 CABLE CABLE 46CM (1.5F-1) Warranty FOR 3500 SERIES swrrams AL3518002- FAN ERS3500 1.51 s-rACK 350OSSC STACK I Year E6 CABLE CABLE 1.51 (5F -r) FOR Warranty Attachment D Page 242 of 471 Page 398 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 243 of 471 Page 399 of 943 3500 SERIES swrram,s AL3518003- FAN ERS3500 31 STACK 350OSSC STACK I Year E6 CABLE CABLE 3M (1017-r) FOR Warranty 3500 SERIES swrram,s AL3600A05- FAN ERS3626GTS NO POWER ERS3626GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL3600A06- FAN ERS3650GTS NO POWER ERS3650GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL3600A15- FAN ERS3626G,FSPWR+ NO ERS3626G,FsPWR+ NO Limited E6 POWERCORD POWERCORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL3600A16- FAN ERS3650G,FSPWR+ NO ERS3650G,FsPWR+ NO Limited E6 POWERCORD POWERCORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -3600E16- FAN ERS3650G,FSPWR+ NO ERS3650G,FsPWR+ NO Limited E6 PC ERA'rE PW R CORD ERA'rE Lifetime ONLY Warranty with Attachment D Page 243 of 471 Page 399 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 244 of 471 Page 400 of 943 express Advanced Hardware Replacern ent-2 Al -4516001 EAN ERS4500 ADV LIC (I ERS4500 ADVANCED Software s-rAC) I -ICI -,-.NSE KI -r (i Warranty swrrCH s-rACK) AL4518001- IRAN 4500 SSC CABLE 46CM 4500 SSC HIs'rACK I Year E6 (IF -r 51N) CABLE 46CM (IF Ir 51N) Warranty AL4518002- IRAN 4500 SSC CABLE 151 4500 SSC HIs'rACK I Year E6 (5F -r) CABLE 15l (5F -r) Warranty AL4518003- IRAN 4500 SSC CABLE 31 4500 SSC HIs'rACK I Year E6 (1017-r) CABLE 3M (10F rI Warranty AL4518004- IRAN 4500 SSC CABLE 51 4500 SSC HIs'rACK I Year E6 16-r41N) CABLE 5M 16-r41N) Warranty A[-4800178-EAN ERS 4850GTS NO PC 4850GTS 48 GIG 2 SIP 2 Limited 06/30/ E6 SIP + POR'rs 1300 Lifetime 2023 NO PC Warranty with express Advanced Hardware Replacern ent-2 A[-4800179-EAN ERS 4826GTS NO PC 4826GTS 24 GIG 2 SIP 2 Limited 06/30/ E6 SFP+ POR'rs I 30OW Lifetime 2023 NO PC Warranty with express Advanced Hardware Replacern ent-2 A[ -4800A88- IRAN ERS 4850G,FsPWR+ NO 4850G,FsPWR+ 48 GIG Limited 06/30/ E6 PC POE 2 SIP 2 SI P+ Lifetime 2023 POR'rs i 1000W NO PC Warranty with express Advanced Hardware Replacern ent-2 A[ -4800A88- IRAN 4850G,rs PWR+ NO PC 4850G,rs POWER PLUS Limited 06/30/ E6GS GSA NO POWI-,".R CORD GSA Lifetime 2023 Warranty Attachment D Page 244 of 471 Page 400 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 245 of 471 Page 401 of 943 with express Advanced Hardware Replacern ent-2 A[ -4800A89- EAN ERS 4826G,FsPWR+ NO 4826G,FsPWR+ 24 GIG Limited 06/30/ E6 PC POE 2 SIP 2 SI P+ Lifetime 2023 POR'rs i 1000W NO PC Warranty with express Advanced Hardware Replacern ent-2 A[ -4800A89- EAN 4826G,rs PWR+ NO PC 4826G,rs POWER PLUS Limited 06/30/ E6GS GSA NO PC WF".R CORD GSA Lifetime 2023 Warranty with express Advanced Hardware Replacern ent-2 A[ -4800E88- EAN ERS 4850G,FsPWR+ NO 4850G,FsPWR+ 48 GIG Limited 04/08/ E6 PC ERA'rE POE 2 SIP 2 SI P+ Lifetime 2023 POR'rs i 1000W NO Warranty P CORD ERA'rE with ONLY express Advanced Hardware Replacern ent-2 A[ -4800E89- EAN ERS 4826G,FsPWR+ NO 4826G,FsPWR+ 24 GIG Limited 04/08/ E6 PC ERA'rE POE 2 SIP 2 SI P+ Lifetime 2023 POR'rs i 1000W NO Warranty P CORD ERA'rE with ONLY express Advanced Hardware Replacern ent-2 A[ -4900A01- EAN ERS4926GTS NO POWER ERS4926GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with Attachment D Page 245 of 471 Page 401 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 246 of 471 Page 402 of 943 express Advanced Hardware Replacern ent-2 A[ -4900A01- [SAN TAA ERS4926GTS NO ERS4926GTS NO Limited E6GS POWERCORD POWER CORD'rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900A02- [SAN ERS4926G,FSPWR+ NO ERS4926G,FsPWR+ NO Limited E6 POWERCORD POWERCORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900A02- [SAN TAA ERS4926G,FsPWR+ ERS4926G,FsPWR+ NO Limited E6GS NO POWER CORD POWER CORD'rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900A03- [SAN ERS4950GTS NO POWER ERS4950GTS NO Limited E6 CORD POWERCORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900A03- [SAN TAA ERS4950GTS NO ERS4950GTS NO Limited E6GS POWERCORD POWER CORD'rAA Lifetime Warranty with express Attachment D Page 246 of 471 Page 402 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 247 of 471 Page 403 of 943 Advanced Hardware Replacern ent-2 A[ -4900A04- EAN ERS4950G,FSPWR+ NO ERS4950G,FsPWR+ NO Limited E6 POWERCORD POWERCORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900A04- EAN TAA ERS4950G,FsPWR+ ERS4950G,FsPWR+ NO Limited E6GS NO POWER CORD POWER CORD'rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900E02- EAN ERS4926G,FSPWR+ NO ERS4926G,FsPWR+ Limited E6 PC ERA'rE BASE SW I -ICI -,".NSE Lifetime 1025W POWER SUPPLY Warranty NO PW R CORD ERA'rE with ONLY express Advanced Hardware Replacern ent-2 A[ -4900E02- EAN ED SPEC 4950G,rs ERS4926G,FsPWR+ NA Limited E6ED RES'rR NA PW R POWER CORD (1-,-.DIJC) Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900E04- EAN ERS4950G,FSPWR+ NO ERS4950G,FsPWR+ Limited E6 PC ERA'rE BASE SW I -ICI -,".NSE Lifetime 1025W POWER SUPPLY Warranty NO PW R CORD ERA'rE with ONLY express Advanced Attachment D Page 247 of 471 Page 403 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 248 of 471 Page 404 of 943 Hardware Replacern ent-2 A[ -4900E04- FAN ED SPEC 4950G,rsPWR ERS4950G'rsPWR+ NA Limited E6ED RES'rR NA PWR POWER CORD (1-,-.DI1C) Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-59000113- FAN ERS5928GTS DC PSIJ ERS5928GTS 450W DC Limited E6 FANS BACK'rO FRON'r POWER SUPPLY FANS Lifetime BACK'rO FRON'r AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 AL59000117- FAN ERS5928GTS DC PSIJ ERS5928GTS 450W DC Limited E6 FANS FRON'r'rO BACK POWER SUPPLY FANS Lifetime FRON'r'rO BACK AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 A[-59000313- FAN ERS5952GTS DC PSIJ ERS5952GTS 450W DC Limited E6 FANS BACK'rO FRON'r POWER SUPPLY FANS Lifetime BACK'rO FRON'r AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 A[ -590003F- FAN ERS5952GTS DC PSIJ ERS5952GTS 450W DC Limited E6 FANS FRON'r'rO BACK POWER SUPPLY FANS Lifetime FRON'r'rO BACK AIR Warranty FLOW with express Advanced Hardware Attachment D Page 248 of 471 Page 404 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 249 of 471 Page 405 of 943 Replacern ent-2 A[-59000513- FAN ERS59100GTS DC PSIJ ERS59100GTS 450W DC Limited E6 FANS B'rO F POWER SUPPLY FANS Lifetime BACK'rO FRON'r AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 A[ -590005F- FAN ERS59100GTS DC PSIJ ERS59100GTS 450W DC Limited E6 FANS F'rO B POWER SUPPLY FANS Lifetime FRON'r'rO BACK AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 Al-590OAlB FAN ERS5928GTS 132F 450W ERS5928GTS B21 NO Limited -E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900AIF- FAN ERS5928GTS F213 450W ERS5928GTS F213 NO Limited E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 AI -5900A213 FAN ERS5928G,FSPWR+ 132F ERS5928G,FsPWR+ 132F Limited 06/30/ -E6 1400W PSIJ NO PC NO PC Lifetime 2023 Warranty with express Advanced Hardware Attachment D Page 249 of 471 Page 405 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 250 of 471 Page 406 of 943 Replacern ent-2 A[-5900A2F- )ELAN ERS5928G,FSPWR+ F2B ERS5928G,FsPWR+ F2B Limited 06/30/ E6 1400W PSIJ NO PC NO PC Lifetime 2023 Warranty with express Advanced Hardware Replacern ent-2 Al-5900A3B [SAN ERS5952GTS B2F 450W ERS5952GTS B2F NO Limited -E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A3F- [SAN ERS5952GTS F2B 450W ERS5952GTS F2B NO Limited E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 AI-5900A4B [SAN ERS5952G,FSPWR+ B2F ERS5952G,FsPWR+ B2F Limited -E6 1400W PSIJ NO PC NO PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A4F- [SAN ERS5952G,FSPWR+ F2B ERS5952G,FsPWR+ F2B Limited E6 1400W PSIJ NO PC NO PC Lifetime Warranty with express Advanced Hardware Attachment D Page 250 of 471 Page 406 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 251 of 471 Page 407 of 943 Replacern ent-2 AI-5900A5B [SAN ERS59100GTS B2F 450W ERS59100GTS B2F NO Limited -E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 AI-5900A5B [SAN TAA ERS59100GTS B ERS59100GTS B Limited -E6GS 450W PSIJ NO PC 450W PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A5F- [SAN ERS59100GTS F2B 450W ERS59100GTS F2B NO Limited E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A5F- [SAN TAA ERS59100GTS ITB ERS59100GTS ITB Limited E6GS 450W PSIJ NO PC 450W PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 Al-5900A6B [SAN ERS59100G'rSPWR+B2F ERS59100G,FsPWR+ Limited -E6 1400W PSIJ NO PC B2F NO PC Lifetime Warranty with express Advanced Hardware Attachment D Page 251 of 471 Page 407 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 252 of 471 Page 408 of 943 Replacern ent-2 Al-5900A6B [SAN 'rAAERS59100G'rsPWR+ ERS59100G,FsPWR+ Limited -E6GS B'rF PSIJ NO PC B'rF PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A6F- [SAN ERS59100G'rSPWR+F2B ERS59100G,FsPWR+ Limited E6 1400W PSIJ NO PC F2B NO PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A6F- [SAN 'rAAERS59100G'rsPWR+ ERS59100G,FsPWR+ Limited E6GS FrB PSIJ NO PC FrB PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 Al-5900A7B [SAN ERS5928G,rS(JPWR B2F ERS5928G,rs[JPWR B2F Limited -E6 1400W PSIJ NO PC 1400W PSIJ NO PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 Al-5900A7B [SAN TAA ERS5928G,rS[JPWR ERS5928G,rS[JPWR Limited -E6GS B'rF PSIJ NO PC B'rF PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Attachment D Page 252 of 471 Page 408 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 253 of 471 Page 409 of 943 Replacern ent-2 A[-5900A7F- EAN ERS5928G,rS(JPWR F2B ERS5928G,rs(JPWR F2B Limited E6 1400W PSIJ NO PC 1400W PSIJ NO PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A7F- EAN TAA ERS5928G,rS[JPWR ERS5928G,rS[JPWR Limited E6GS FrB PSIJ NO PC FrB PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 Al-5900A9B EAN TAA ERS5928m,rs ERS5928m,rs(JPWR Limited -E6GS 1400W B to F NO PC B2F 1400W PSIJ NO PC Lifetime 'rAA Warranty with express Advanced Hardware Replacern ent-2 A[-5900A9F- EAN TAA ERS5928m,rs ERS5928m,rs(JPWR Limited E6GS 1400W F'rO B NO PC F2B 1400W PSIJ NO PC Lifetime 'rAA Warranty with express Advanced Hardware Replacern ent-2 A[-5900B'rF EAN ERS590OB2FFANTRAY ERS5900FANTRAY Limited -E6 Kl'r B2F Lifetime Warranty with express Advanced Hardware Attachment D Page 253 of 471 Page 409 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 254 of 471 Page 410 of 943 Replacern ent-2 A[-5900EIB- EAN TAA ERS5928GTS B2F TAA ETHERNET Limited E6GS 450W PSIJ NA PC ROu'rING swrrCH Lifetime 5928G,rS 24 10/100/1000 Warranty 4 SI P+ POR'rs with INCLUDES BASE express SOFrWARE I -ICI -,".NSE Advanced B2F AIRFLOW 1 450W Hardware PSIJ AA0020074E6 Replacern POWER CORD ent-2 A[-5900EIF- IRAN TAA ERS5928GTS F2B TAA ETHERNET Limited E6GS 450W PSIJ NA PC ROu'rING swrrCH Lifetime 5928G,rS 24 10/100/1000 Warranty 4 SI P+ POR'rs with INCLUDES BASE express SOFrWARE I -ICI -,".NSE Advanced F2B AIRFLOW 1 450W Hardware PSIJ AA0020074E6 Replacern POWER CORD ent-2 A[-5900E3B- IRAN TAA ERS5952GTS B2F TAA ETHERNET Limited E6GS 450W PSIJ NA PC ROu'rING swrrCH Lifetime 5952G,rS 48 10/100/1000 Warranty 4 SI P+ POR'rs with INCLUDES BASE express SOFrWARE I -ICI -,".NSE Advanced B2F AIRFLOW 1 450W Hardware PSIJ AA0020074E6 Replacern POWER CORD ent-2 A[-5900E3F- IRAN TAA ERS5952GTS F2B TAA ETHERNET Limited E6GS 450W PSIJ NA PC ROu'rING swrrCH Lifetime 5952G,rS 48 10/100/1000 Warranty 4 SI P+ POR'rs with INCLUDES BASE express SOFrWARE I -ICI -,".NSE Advanced F2B AIRFLOW 1 450W Hardware PSIJ AA0020074E6 Replacern POWER CORD ent-2 A[-5900E4B- IRAN TAA ERS5952G,FsPWR+ TAA ETHERNET Limited E6GS B2F 1400W NA PC ROu'rING swrrCH Lifetime 5952G,rS 48 10/100/1000 Warranty 802.3A,1 PWR+ 4 SFP+ with POR'rs INCLUDES express BASE SOF'rWARE Advanced I -ICI -,".NSE B2F Hardware AIRFLOW 11400 Attachment D Page 254 of 471 Page 410 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 255 of 471 Page 411 of 943 AA0020108E6 POWER Replacern CORD ent-2 A[-5900E4F- FAN ERS5952GTSPWR+ F2B ERS5952GTsPWR+ Limited E6 140OW NO PC ERA'rE BASE SW I -ICI -,".NSE Lifetime FRON'r'rO BACK Warranty 140OW NO PW R CORD with ERA'rE ONLY express Advanced Hardware Replacern ent-2 A[-5900E4F- FAN FAA ERS5952G,FsPWR+ FAA ETHERNET Limited E6GS F2B 140OW NA PC ROu'rING swrrCH Lifetime 5952G,rS 48 10/100/1000 Warranty 802.3A,r PWR+ 4 SFP+ with POR'rs INCLUDES express BASE SOF'rWARE Advanced I -ICI -,".NSE F2B Hardware AIRFLOW I 140OW Replacern AA0020108E6 POWER ent-2 CORD A[-5900E6F- FAN ERS59100G'rSPWR+F2B ERS59100G,FsPWR+ Limited E6 NO PC ERA'rE F2B 140OW NO PC Lifetime ERA'rE ONLY Warranty with express Advanced Hardware Replacern ent-2 A[-5900F'rB FAN ERS5900F2BFAN'rRAY ERS5900FANTRAY Limited -E6 Kl'r F 2 Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL5911001- FAN ERS49005900 FOUR FOUR POST RACK I Year E6 Pos'r RACK MOIJN'r MOIJN'r Kl'r FOR Warranty ERS4900 ERS5900 VSP7000 Attachment D Page 255 of 471 Page 411 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AI-7000AOB EAN VSP 7000 AC PSIJ 132F VSP 7000 AC POWER Limited -E6 NO PC SUPPLY BACK2FRON'r Lifetime COOLING (NO PC) Warranty with express Advanced Hardware Replacern ent AL7000A0E- EAN VSP 7000 AC PSIJ 17213 VSP 7000 AC POWER Limited E6 NO PC SUPPLY FRON'r2BACK Lifetime COOLING (NO PC) Warranty with express Advanced Hardware Replacern ent Al-700OAlB EAN VSP 7000 DC PSIJ 13217 VSP 7000 DC POWER Limited -E6 SUPPLY BACK2FRON'r Lifetime COMING Warranty with express Advanced Hardware Replacern ent A[-7000AIF- EAN VSP 7000 DC PSIJ 17213 VSP 7000 DC POWER Limited E6 SUPPLY FRON'r2BACK Lifetime COMING Warranty with express Advanced Hardware Replacern ent AP505i-FCC Smart AP505iFCC Cloudready Dual Radio Limited OmniEdge 802.11 ax/ac/abgn 4x44 Lifetime Wireless MIMO Indoor I I ax Warranty access point. Internal Wing Antenna Domain US Puerto Rico and Colombia AP505i- Smart AP505iFcc,rAA Cloudready Dual Radio Limited FCC-'rAA OmniEdge 802.11 ax/ac/abgn 4x44 Lifetime Wireless MIMO Indoor I I ax Warranty access point. Internal Wing Attachment D Page 256 of 471 Page 412 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 257 of 471 Page 413 of 943 Antenna Domain ITS Puerto Rico and Colombia 'rAA Compliant AP505i-WR Smart AP505iWR Cloudready Dual Radio Limited OmniEdge 802.11 ax/ac/abgn 4x44 Lifetime Wireless MIMO Indoor I I ax Warranty access point. Internal Wing AntennaDomain IHMEA and Rest Of World AP510e-FCC Smart AP510eFCC Cloudready Dual 5G1-Iz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point with external antenna ports. Domain US Puerto Rico and Colombia. AP510e- Smart AP510eFcc'rAA Cloudready Dual 5G1-Iz Limited FCC-'rAA OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point with external antenna ports. Domain US Puerto Rico and Colombia'rAA Compliant. AP510e-WR Smart AP510eWR Cloudready Dual 5G1-Iz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point with external antenna ports. Domain IHMEA and Rest Of World. AP510i-FCC Smart AP510iFCC Cloudready Dual 5G1-Iz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point. Internal Antenna Domain ITS Puerto Rico and Colombia Attachment D Page 257 of 471 Page 413 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP510i- Smart AP510iFcc'rAA Cloudready Dual 5G1-Iz Limited FCC-'rAA OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point. Internal Antenna Domain ITS Puerto Rico and Colombia . 'rAA Comp] i ant AP510i-WR Smart AP510iWR Cloudready Dual 5G1-Iz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point. Internal Antenna Domain EMI -,".A and Rest Of World AP560h- Smart AP560hFCC Cloudready Dual 5G1-Iz I Year FCC OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal 30deg/70deg Panel Antenna Domain US and Colombia AP560h-WR Smart AP560hWR Cloudready Dual 5G1-Iz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal 30deg/70deg Panel Antenna Domain Canada IHMEA and Singapore AP560i-FCC Smart AP560iFCC Cloudready Dual 5G1-Iz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal Antenna Domain US and Colombia AP560i-WR Smart AP560iWR Cloudready Dual 5G1-Iz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio Attachment D Page 258 of 471 Page 414 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 259 of 471 Page 415 of 943 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal Antenna Domain Canada E".MEA and Singapore AP560m- Smart AP560mFCC Cloudready Dual 5G1-Iz I Year FCC OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal Antenna + Mounting Kit (p/n K' 14740702) Domain US and Colombia AP560t-FCC Smart AP560tFCC Cloudready Dual 5G1-Iz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal 30deg/70deg Panel Antenna + Mounting Kit (p/n 30520 WSM130POI-EOI MBOAR'r02) Domain US and Colombia AP560u- Smart AP560uFCC Cloudready Dual 5G1-Iz I Year FCC OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal Antenna + Underseat Mounting Kit (p/n 30524 WSE1002 E1003) Domain US and Colombia AP -6511- WING AP6511 802.1 IN AP6511 802.1 IN Limited 07/13/ 60010-EIJ Wireless Eruir,,RNE'r ErHERNE'r Lifetime 2022 WA L L P u WAI,[-P[-A,rEEIJ Warranty Wing AP -6511- WING AP6511 802.1 IN AP6511 802.1 IN Limited 03/01/ 60010 -WR Wireless Eruir,,RNE'r ErHERNE'r Lifetime 2021 WAI-I-P[-A,rE WR WAI,[-P[-A,rE WR Warranty Wing Attachment D Page 259 of 471 Page 415 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP651 IE- WiNG AP 6511 EXPRESS AP 6511 EXPRESS Limited 04/13/ 60010- Wireless 802.1 IN AP IN'r AN'r WR 802.1 IN AP IN'r AN'r Lifetime 2022 APME WR Warranty Wing AP -651 IE- WING AP6511 11N E'rPTRNE'r AP6511 11N ETHERNET Limited 07/13/ 60010-EIJ Wireless WALLPLA'm AP EU WAI,[-P[-A,rE AP EU Lifetime 2022 ONLY Warranty Wing AP -651 IE- WING AP6511 11N E'rPTRNE'r AP6511 11N ETHERNET Limited 04/13/ 60010 -WR Wireless WALLPLA'm AP WR WAI,[-P[-A,rE AP WR Lifetime 2022 ONLY Warranty Wing AP -6521- WiNG AP6521802.1 IN INDEP AP6521802.1 IN INDEP Limited 04/13/ 60010-EIJ Wireless I RAD IN'r AN'r EU I RAD IN'r AN'r EU Lifetime 2022 Warranty Wing AP -6521- WiNG AP6521802.1 IN INDEP AP6521802.1 IN INDEP Limited 04/13/ 60010-11- Wireless I RAD IN' rAN'r u- I RAD IN' r AN'r I I- Lifetime 2022 Warranty Wing AP -6521- WiNG AP6521 802.1 IN SNGL 802.1 IN INDEP1-,".ND1-,".N'r Limited 07/13/ 60010 -US Wireless RADIO IN'r AN'r us ACCESS POIN'r Lifetime 2022 SINGLE RADIO Warranty IN'rERNAL AN'ri-,".NNA Wing VERSION. AP -6521- WiNG AP6521 802.1 IN SNGL 802.1 IN INDEP1-,".ND1-,".N'r Limited 04/13/ 60010 -WR Wireless RADIO IN'r AN'r WR ACCESS POIN'r Lifetime 2022 SINGLE RADIO Warranty IN'rERNAL AN'ri-,".NNA Wing VERSION. AP -6521- WiNG AP6521802.1 IN INDEP AP6521802.1 IN INDEP Limited 04/13/ 60020-EIJ Wireless I RAD EX'r AN'rE(J I RAD EX'r AN'rE(J Lifetime 2022 Warranty Wing AP -6521- WiNG AP6521 802.1 IN SNGL 802.1 IN INDEP1-,".ND1-,".N'r Limited 07/13/ 60020 -US Wireless RADIO EX'r AN'r us ACCESS POIN'r Lifetime 2022 SINGLE RADIO Warranty EX'rERNAI, AN'ri-,".NNA Wing VERSION. AP -6521- WiNG AP6521 802.1 IN SNGL 802.1 IN INDEP1-,".ND1-,".N'r Limited 04/13/ 60020 -WR Wireless RADIO EX'r AN'r WR ACCESS POIN'r Lifetime 2022 SINGLE RADIO Warranty EX'rERNAI, AN'ri-,".NNA Wing VERSION. Attachment D Page 260 of 471 Page 416 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP6521E- WiNG AP 6521 EXPRESS AP 6521 EXPRESS Limited 04/13/ 60010- Wireless 802.1 IN AP IN'r AN'r WR 802.1 IN AP IN'r AN'r Lifetime 2022 APIA, WR Warranty Wing AP -6521E- WiNG AP6521 I IN INTERNAL AP6521 I IN INTERNAL Limited 04/13/ 60010-EI1 Wireless AN'rAP I RADIO EIJ AN'ri-,".NNA AP I RADIO Lifetime 2022 EU ONLY Warranty Wing AP -6521E- WiNG AP6521 I IN INTERNAL AP6521 I IN INTERNAL Limited 04/13/ 60010 -US Wireless AN'rAP I RADIO US AN'ri-,".NNA AP I RADIO Lifetime 2022 US ONLY Warranty Wing AP -6521E- WiNG AP6521 I IN INTERNAL AP6521 I IN INTERNAL Limited 04/13/ 60010 -WR Wireless AN'rAP I RADIO WR AN'ri-,".NNA AP I RADIO Lifetime 2022 WR ONLY Warranty Wing AP6521E- WiNG AP 6521 EXPRESS AP 6521 EXPRESS Limited 07/13/ 60020- Wireless 802.1 IN AP EX'r AN'r 802.1 IN AP EX'r AN'r Lifetime 2022 APIA, WR WR Warranty Wing AP -6521E- WiNG AP6521 I IN EXTERNAL AP6521 I IN Limited 04/13/ 60020-EI1 Wireless AN'rAP I RADIO EIJ EX'rERNAI, AN'ri-,".NNA Lifetime 2022 AP I RADIO EIJ ONLY Warranty Wing AP -6521E- WiNG AP6521 I IN EXTERNAL AP6521 I IN Limited 04/13/ 60020 -US Wireless AN'rAP I RADIO US EX'rERNAI, AN'ri-,".NNA Lifetime 2022 AP I RADIO US ONLY Warranty Wing AP -6521E- WiNG AP6521 I IN EXTERNAL AP6521 I IN Limited 04/13/ 60020 -WR Wireless AN'rAP I RADIO WR EX'rERNAI, AN'ri-,".NNA Lifetime 2022 AP I RADIO WR ONLY Warranty Wing AP -6522- WiNG PORTABLE AP US PORTABLE AP US I Year 01/31/ 66003P-I1S Wireless BA'r'rERY POWERED BA'r'rERY POWERED Warranty 2024 Wing AP -6522- WiNG PORTABLE AP US PORTABLE AP US I Year 04/29/ 66003 PW- Wireless BA'r'rERY POWERED BA'r'rERY POWERED Warranty 2024 (is cus'rom cus'rom Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030-EIJ Wireless 2RAD IN' r AN'rE(J 2RAD IN' r AN'rE(J Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030-11- Wireless 2RAD IN'r AN'r u- 2RAD IN'r AN'r ii- Lifetime 2023 Warranty Wing Attachment D Page 261 of 471 Page 417 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030 -US Wireless 2RAD IN'r AN'r 2RAD IN'r AN'r Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030 -WR Wireless 2RAD IN'r AN'r 2RAD IN'r AN'r Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66040-EIJ Wireless 2RAD EX'r AN'rE(J 2RAD EX'r AN'rE(J Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66040 -US Wireless 2RAD EX'r AN'r 2RAD EX'r AN'r Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66040 -WR Wireless 2RAD EX'r AN'r 2RAD EX'r AN'r Lifetime 2023 Warranty Wing AP6522E- WiNG AP 6522 EXPRESS AP 6522 EXPRESS Limited 03/30/ 66030- Wireless 802.1 IN APIN'r AN'r WR 802.1 IN AP IN'r AN'r Lifetime 2023 APME WR Warranty Wing AP -6522E- WiNG AP6522 I IN INTERNAL AP6522 I IN INTERNAL Limited 03/30/ 66030-EIJ Wireless AN'rAP 2 RADIO EIJ AN'ri-,".NNA AP 2 RADIO Lifetime 2023 EU ONLY Warranty Wing AP -6522E- WiNG AP6522 I IN INTERNAL AP6522 I IN INTERNAL Limited 03/30/ 66030 -US Wireless AN'rAP 2 RADIO US AN'ri-,".NNA AP 2 RADIO Lifetime 2023 US ONLY Warranty Wing AP -6522E- WiNG AP6522 I IN INTERNAL AP6522 I IN INTERNAL Limited 03/30/ 66030 -WR Wireless AN'rAP 2 RADIO WR AN'ri-,".NNA AP 2 RADIO Lifetime 2023 WR ONLY Warranty Wing AP6522E- WiNG AP 6522 EXPRESS AP 6522 EXPRESS Limited 03/30/ 66040- Wireless 802.1 IN AP EX'r AN'r 802.1 IN AP EX'r AN'r Lifetime 2023 APME WR WR Warranty Wing AP -6522E- WiNG AP6522 I IN EXTERNAL AP6522 I IN Limited 03/30/ 66040-EIJ Wireless AN'rAP 2 RADIO EIJ EX'rERNAI, AN'ri-,".NNA Lifetime 2023 AP 2 RADIO EIJ ONLY Warranty Wing Attachment D Page 262 of 471 Page 418 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -6522E- WiNG AP6522 I IN EX'rERNAI- AP6522 I IN Limited 03/30/ 66040 -US Wireless AN'rAP 2 RADIO US EX'rERNAI, AN'ri-,".NNA Lifetime 2023 AP 2 RADIO US ONLY Warranty Wing AP -6522E- WiNG AP6522 I IN EXTERNAL AP6522 I IN Limited 03/30/ 66040 -WR Wireless AN'rAP 2 RADIO WR EX'rERNAI, AN'ri-,".NNA Lifetime 2023 AP 2 RADIO WR ONLY Warranty Wing AP -6522- WiNG AP6522 EXT ANTNX9000 AP 6522 EXT Limited 03/30/ WM-Mx- Wireless uccoRD AN'r AN'ri-,".NNA wim Lifetime 2023 F RZ NX9000 LIC POE AC Warranty LINE CORD AND Wing MI-24521-IPA61 6072 AN'ri-,".ITA AP -6532- WiNG AP6532802.1 IN INDEP AP6532802.1 IN INDEP Limited 04/13/ 66030 -WR Wireless 2RADIO IN'r AN'r 2RADIO IN'r AN'r Lifetime 2022 Warranty Wing AP -6532- WiNG AP6532802.1 IN INDEP AP6532802.1 IN INDEP Limited 04/13/ 66040 -WR Wireless 2RADIO EX'r AN'r 2RADIO EX'r AN'r Lifetime 2022 Warranty Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66030-EIJ Wireless 802.1 IN AP IN'r AN'r EU 802.1 IN AP IN'r AN'r Warranty 2023 EU Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66030-11- Wireless 802.1 IN AP IN'r AN'r 11- 802.1 IN AP IN'r AN'r ii- Warranty 2023 Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66030 -US Wireless 802.1 IN AP IN'r AN'r us 802.1 IN AP IN'r AN'r Warranty 2023 (is Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66030 -WR Wireless 802.11N AP IN'r AN'r WR 802.11N AP IN'r AN'r Warranty 2023 WR Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66040-EIJ Wireless 802.11 N AP EX'r AN'r EU 802.11 N AP EX'r AN'r Warranty 2023 EU Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66040 -US Wireless 802.1 IN AP EX'r AN'r us 802.1 IN AP EX'r AN'r Warranty 2023 (is Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66040 -WR Wireless 802.11 N AP EX'r AN'r 802.11 N AP EX'r AN'r Warranty 2023 WR WR Wing AP -6562- WiNG AP6562 802.1 IN ACCESS I Year 03/30/ 6604J-11- Wireless ou'rDOOR EX'r AN'r ii- POIN'rAP6562Ou'rDOO Warranty 2023 Wing Attachment D Page 263 of 471 Page 419 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 264 of 471 Page 420 of 943 R 802.1 IN AP EX'r AN'r IL AP6562E- WiNG AP 6562 EXPRESS AP 6562 EXPRESS I Year 03/30/ 66030- Wireless 802.1 IN AP IN'r AN'r WR 802.1 IN AP IN'r AN'r Warranty 2023 APME WR Wing AP -6562E- WiNG AP6562 I IN INT ANT AP6562 I IN INT ANT I Year 03/30/ 66030-EI1 Wireless Our AP 2 RADIO EU ou'rDOOR AP 2 RADIO Warranty 2023 EU ONLY Wing AP -6562E- WiNG AP6562 I IN INT ANT AP6562 I IN INT ANT I Year 03/30/ 66030 -US Wireless Our AP 2 RADIO US ou'rDOOR AP 2 RADIO Warranty 2023 US ONLY Wing AP -6562E- WiNG AP6562 I IN INT ANT AP6562 I IN INT ANT I Year 03/30/ 66030 -WR Wireless Our AP 2 RADIO WR ou'rDOOR AP 2 RADIO Warranty 2023 WR ONLY Wing AP6562E- WiNG AP 6562 EXPRESS AP 6562 EXPRESS I Year 03/30/ 66040- Wireless 802.1 IN AP EX'r AN'r 802.1 IN AP EX'r AN'r Warranty 2023 APME WR WR Wing AP -6562E- WiNG AP6562 I IN EXT ANT AP6562 I IN EXT ANT I Year 03/30/ 66040-EI1 Wireless Our AP 2 RADIO EU ou'rDOOR AP 2 RADIO Warranty 2023 EU ONLY Wing AP -6562E- WiNG AP6562 I IN EXT ANT AP6562 I IN EXT ANT I Year 03/30/ 66040 -US Wireless Our AP 2 RADIO US ou'rDOOR AP 2 RADIO Warranty 2023 US ONLY Wing AP -6562E- WiNG AP6562 I IN EXT ANT AP6562 I IN EXT ANT I Year 03/30/ 66040 -WR Wireless Our AP 2 RADIO WR ou'rDOOR AP 2 RADIO Warranty 2023 WR ONLY Wing AP -7161- WiNG AP716iou'rDOOR AP71616FFDOOR I Year 03/01/ 66040 -WR Wireless 802.1 IN AP IN'ri- 802.1 IN AP IN'ri- Warranty 2021 Wing AP -7161- WiNG AP7161 Our 802.1 IN AP7161 ou'rDOOR I Year 03/01/ 66540 -JP Wireless 802.1 IJ W SENSOR JP DUAL RADIO 802.1 IN Warranty 2021 AND 802.1 IJ wim Wing SENSOR FOR JAPAN ONLY (JP) AP -7161- WING AP716iou'rDOOR AP71616FFDOOR I Year 03/01/ 66540 -WR Wireless 802.1 IN AP W/SIH.NSOR 802.1 IN AP W/SIH.NSOR Warranty 2021 IN'ri- IN'ri- Wing AP -7502- WING AP 7502 WALLPLATE AP 7502 WALLPLATE Limited 03/30/ 67030- Wireless I IAC AP IN'r AN'r APME 802.1 IAC AP IN'r AN'r i-ifetime 2023 APME AP MIH, Warranty Wing AP -7502- WING WALLPLATE 802.1 IAC WALLPLATE 802.1 IAC Limited 03/30/ 67030-EIJ Wireless DUAL RADIO AP. EU DUAL RADIO AP. EU Lifetime 2023 Warranty Wing Attachment D Page 264 of 471 Page 420 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7502- WiNG WAI-I-P[-A,rE WAI,[-P[-A,rE Limited 03/30/ 67030-11- Wireless 802.1 lABGN/AC AP 802.1 lABGN/AC DUAL Lifetime 2023 wi,rH,Atli IL RADIO AP wim Warranty AES'rH'rE'ric'rRIM. Wing ISRAEL AP -7502- WiNG WALLPLATE 802.1 IAC WALLPLATE 802.1 IAC Limited 67030 -US Wireless DUAL RADIO AP. US DUAL RADIO AP. US Lifetime Warranty Wing AP -7502- WING WALLPLATE 802.1 IAC WALLPLATE 802.1 IAC Limited 03/30/ 67030 -WR Wireless DUAL RADIO AP WR DUAL RADIO AP WR Lifetime 2023 Warranty Wing AP7502E- WiNG AP7502 EXPRESS AP 7502 EXPRESS Limited 03/30/ 67030- Wireless 802.1 1AC IN' r AN'r 802.1 1AC AP IN' r AN'r Lifetime 2023 AP IA, APME AP ME Warranty Wing AP -7502E- WiNG WALLPLATE DUAL WALLPLATE DUAL Limited 03/30/ 67030-EIJ Wireless RADIO I IAC. EXPRESS. RADIO I I AC. Lifetime 2023 EU EXPRESS. EU Warranty Wing AP -7502E- WiNG WALLPLATE DUAL WALLPLATE DUAL Limited 03/30/ 67030 -US Wireless RADIO I IAC. EXPRESS. RADIO I I AC. Lifetime 2023 (is EXPRESS. US Warranty Wing AP -7502E- WiNG WALLPLATE DUAL WALLPLATE DUAL Limited 03/30/ 67030 -WR Wireless RADIO I IAC. EXPRESS. RADIO I I AC. Lifetime 2023 WR EXPRESS. WR Warranty Wing AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 67030 -1 -WR Wireless 802.1 IAC AP IN' r AN'r 802.1 1AC AP IN' r AN'r Lifetime WR WR Extreme Warranty Wing AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67030-EIJ Wireless 802.1 1AC AP IN' r AN'r 802.1 1AC AP IN' r AN'r Lifetime 2023 EU EU Warranty Wing AP -7522- WiNG AP7522 2RADIO AP 7522 DUAL RADIO Limited 03/30/ 67030-E(J-B Wireless 802.1 IAC IN'rE(J 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (1-,-,(1 SKU). INCLUDED IN K1'r IS A AP 7522 BEAM C I I P Attachment D Page 265 of 471 Page 421 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 67030 -US Wireless 802.1 IAC AP IN' r AN'r 802.1 1AC AP IN' r AN'r Lifetime (is (is Warranty Wing AP -7522- WING AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67030 -(JS -B Wireless 2X22 MIMO IN'r AN'r us 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (US SKU). INCLUDED IN KI'r IS AN AP 7522 BEAM CLIP P AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67030 -WR Wireless 802.1 1AC AP IN' r AN'r 802.1 1AC AP IN' r AN'r Lifetime 2023 WR WR Warranty Wing AP -7522- WING AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67030 -WR -B Wireless 2X22 MIMO IN'r AN'r 802.1 1AC 2X22 MIMO Lifetime 2022 WR ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (WR SKU). INCLUDED IN KI'r IS AN AP 7522 BEAM CLIP P AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 67040 -1 -WR Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r Lifetime WR WR Extreme Warranty Wing AP -7522- WiNG AP7522 INDOOR AP 7522 INDOOR Limited 04/02/ 67040- Wireless 802.1 1AC EX'r AN'r 802.1 1AC AP EX'r AN'r Lifetime 2023 APME APME AP MF", Warranty Wing AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67040-EIJ Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r Lifetime 2023 EU EU Warranty Wing AP -7522- WiNG AP7522 2 RADIO AP 7522 DUAL RADIO Limited 03/30/ 67040-E(J-B Wireless 802.1 IAC EX'r AN'rE(J 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (1-,-,(J SKU). -rum, AN'ri-,".NNAS ON AP 7522 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA POR' S. AP 7522 EX'rERNAI, SKU Attachment D Page 266 of 471 Page 422 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 267 of 471 Page 423 of 943 REQUIRES 3 DUAL BANDED AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 67040 -US Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r Lifetime (is (is Warranty Wing AP -7522- WING AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67040 -(JS -B Wireless 2X22 MIMO EX'r AN'r tis 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (US SKU). -rum, AN'ri-,".NNAS ON AP 7522 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA POR' S. AP 7522 EX'rERNAI, SKU REQUIRES 3 DUAL BANDED INCLUDED IN KI'r is AN AP 7522 BEAM CLIP P AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67040 -WR Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r Lifetime 2023 WR WR Warranty Wing AP -7522- WING AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67040 -WR -B Wireless 2X22 MIMO EX'r AN'r 802.1 1AC 2X22 MIMO Lifetime 2022 WR ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (WR SKU). -rum, AN'ri-,".NNAS ON AP 7522 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA POR' S. AP 7522 EX'rERNAI, SKU REQUIRES 3 DUAL BANDED. INCLUDED IN KI'r is AN AP 7522 BEAM CLIP P AP7522E- WiNG AP7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67030- Wireless 802.1 1AC IN' r AN'r 802.1 1AC AP IN' r AN'r Lifetime 2023 APME APME AP MIH, Warranty Wing Attachment D Page 267 of 471 Page 423 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7522E- WiNG AP7522E DUAL I IAC AP 7522E DUAL RADIO Limited 04/17/ 67030-EIJ Wireless 2X22 MIMO IN'r AN'rE(J 802.1 1AC 2X22 MIMO Lifetime 2023 ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (1-,-,(1 SK(J) WING EXPRESS AP -7522E- WiNG AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67030 -US Wireless 802.1 IAC AP IN' r AN'r 802.1 1AC AP IN' r AN'r Lifetime 2023 (is (is Warranty Wing AP -7522E- WiNG AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67030 -WR Wireless 802.1 IAC AP IN' r AN'r 802.1 1AC AP IN' r AN'r Lifetime 2023 WR WR Warranty Wing AP7522E- WiNG AP7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67040- Wireless 802.1 1AC EX'r AN'r 802.1 1AC AP EX'r AN'r Lifetime 2023 APME APME AP MF", Warranty Wing AP -7522E- WiNG AP7522E DUAL I IAC AP 7522E DUAL RADIO Limited 04/17/ 67040-EIJ Wireless 2X22 MIMO EX'r AN'r 802.1 1AC 2X22 MIMO Lifetime 2023 EU ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (1-,-,(1 SK(J) WING EXPRESS AP -7522E- WiNG AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67040 -US Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r Lifetime 2023 (is (is Warranty Wing AP -7522E- WiNG AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67040 -WR Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r Lifetime 2023 WR WR Warranty Wing AP -7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 67030 -1 -WR Wireless 802.1 IAC AP IN' r AN'r 802.1 1AC AP IN' r AN'r Lifetime WR WR Extreme Warranty Wing AP -7532- WiNG AP7532 INDOOR AP 7532 INDOOR Limited 04/02/ 67030- Wireless 802.1 IAC AP IN' r AN'r 802.1 1AC AP IN' r AN'r Lifetime 2023 APME APME AP MF", Warranty Wing AP -7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 67030 -EG Wireless 802.1 IAC AP IN' r AN'r 802.1 1AC AP IN' r AN'r Lifetime EG Domain Egypt Warranty Wing Attachment D Page 268 of 471 Page 424 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67030-EIJ Wireless 802.1 IAC AP IN' r AN'r 802.1 1AC AP IN' r AN'r Lifetime 2023 EU EU Warranty Wing AP -7532- WiNG AP7532 2 RADIO AP 7532 DUAL RADIO Limited 03/30/ 67030-E(J-B Wireless 802.1 IAC IN' r AN'rE(J 802.1 IAC 3X33 MIMO Lifetime 2022 ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (1-,-,(1 SK(J) INCLUDED IN KI'r IS A AP 7532 P BEAM CLIP AP -7532- WING AP7532 DUAL RADIO AP 7532 DUAL RADIO Limited 67030-11- Wireless I IAC IN' r AN'r I 1- 802.1 IAC 3X33 MIMO Lifetime ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (ISRAEL SK(J) AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67030 -US Wireless 802.1 IAC AP IN' r AN'r 802.1 1AC AP IN' r AN'r Lifetime (is (is Warranty Wing AP -7532- WING AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 67030 -(JS -B Wireless 3X33 MIMO IN'r AN'r us 802.1 IAC 3X33 MIMO Lifetime ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (US SK(J) INCLUDED IN KI'r IS AN AP 7532 P BEAM CLIP AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67030 -WR Wireless 802.1 IAC AP IN' r AN'r 802.1 1AC AP IN' r AN'r Lifetime 2023 WR WR Warranty Wing AP -7532- WING AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 03/30/ 67030 -WR -B Wireless 3X33 MIMO IN'r AN'r 802.1 IAC 3X33 MIMO Lifetime 2022 WR ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (WR SK(J) INCLUDED IN KI'r IS AN AP 7532 BEAM CLIP P AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67040 -1 -WR Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r Lifetime WR WR Extreme Warranty Wing AP -7532- WiNG AP7532 INDOOR AP 7532 INDOOR Limited 04/02/ 67040- Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r Lifetime 2023 APME APME AP MF", Warranty Wing Attachment D Page 269 of 471 Page 425 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67040 -EG Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP IN' r AN'r Lifetime EG Domain Egypt Warranty Wing AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67040-EIJ Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r Lifetime 2023 EU EU Warranty Wing AP -7532- WiNG AP 7532 DUAL RADIO AP 7532 DUAL RADIO Limited 03/30/ 67040-E(J-B Wireless 802.1 IAC EX'r AN'rE(J 802.1 IAC 3X33 MIMO Lifetime 2022 ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (1-,-,(J SKU). -rum, AN'ri-,".NNAS ON AP 7532 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA POR' S. AP 7532 EX'rERNAI, SKU REQUIRES 3 DUAL BANDED AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67040 -US Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r Lifetime (is (is Warranty Wing AP -7532- WING AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 67040 -(JS -B Wireless 3X33 MIMO EX'r AN'r tis 802.1 IAC 3X33 MIMO Lifetime ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (US SKU). -rum, AN'ri-,".NNAS ON AP 7532 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA POR' S. AP 7532 EX'rERNAI, SKU REQUIRES 3 DUAL BANDED INCLUDED IN KI'r is AN AP 7532 P BEAM CLIP AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67040 -WR Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r Lifetime 2023 WR WR Warranty Wing Attachment D Page 270 of 471 Page 426 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7532- WING AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 03/30/ 67040 -WR -B Wireless 3X33 MIMO EX'r AN'r 802.1 IAC 3X33 MIMO Lifetime 2022 WR ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (WR SKU). -rum, AN'ri-,".NNAS ON AP 7532 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA POR' S. AP 7532 EX'rERNAI, SKU REQUIRES 3 DUAL BANDED. INCLUDED IN KI' r is AN AP 7532 BEAM CLIP P AP -7562- WING AP7562 ou'rDOOR AP 7562 DUAL RADIO I Year 670042-1- Wireless mimo AN'r INs'rAII-ED 802.1 IAC 3X33 MIMO Warranty WR WR ou'rDOOR ACCESS In POIN'r AN'ri-,".NNA INs'rALLED A'r FAC'rORY WR Extreme AP -7562- WiNG AP7562 DUAL RADIO AP 7562 DUAL RADIO I Year 04/02/ 670042AP1 Wireless 802.1 IAC 3X33MIMO 802.1 IAC 3X33 MIMO Warranty 2023 E Our ou'rDOOR ACCESS Wing POINT AN'ri-,".NNA (APME RE, ,ION) AN'ri-,".NNA INs'rALLED A'r FAC'rORY AP -7562- WiNG AP7562 ou'FDOOR AP 7562 DUAL RADIO I Year 07/28/ 670042-EI1 Wireless mimo AN'r INs'rAII-ED 802.1 IAC 3X33 MIMO Warranty 2023 EU ou'rDOOR ACCESS Wing POINT AN'ri-,".NNA INs'rALLED A'r FAc'rORY EIJ AP -7562- WiNG AP7562 ou'FDOOR AP 7562 DUAL RADIO I Year 670042-11- Wireless mimo AN'r INs'rAII-ED 802.1 IAC 3X33 MIMO Warranty IL ou'rDOOR ACCESS Wing POINT AN'ri-,".NNA INs'rALLED A'r FAC-rORY IL (ISRAEL) AP -7562- WiNG AP7562 ou'FDOOR AP 7562 DUAL RADIO I Year 670042 -US Wireless mimo AN'r INs'rAII-ED 802.1 IAC 3X33 MIMO Warranty (is ou'rDOOR ACCESS Wing POINT AN'ri-,".NNA INs'rALLED A'r FAC'rORY US Attachment D Page 271 of 471 Page 427 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7562- WiNG AP7562 ou'rDOOR AP 7562 DUAL RADIO I Year 07/28/ 670042 -WR Wireless mimo AN'r INs'rALLED 802.1 IAC 3X33 MIMO Warranty 2023 WR ou'rDOOR ACCESS Wing POINT AN'ri-,".NNA INs'rALLED A'r FAC'rORY WR AP -7562- WiNG AP7562 802.1 IAC Our 802.1 IAC ou'rDOOR I Year 67040 -1 -WR Wireless DI. RADIO EX'r AN'r WR IP67 DUAL RADIO Warranty EX'rERNAI, Wing AN'ri-,".NNAS WR Extreme AP -7562- WiNG AP7562 802.1 IAC Our 802.1 IAC ou'rDOOR I Year 07/28/ 67040-EI1 Wireless DI. RADIO EX'r AN'r EU IP67 DUAL RADIO Warranty 2023 EX'rERNAI, Wing AN'ri-,".NNAS EU AP -7562- WiNG AP7562 802.1 IAC Our 802.1 IAC ou'rDOOR I Year 67040 -US Wireless DI. RADIO EX'r AN'r us IP67 DUAL RADIO Warranty EX'rERNAI, Wing AN'ri-,".NNAS US AP -7562- WiNG AP7562 802.1 IAC Our 802.1 IAC ou'rDOOR I Year 07/28/ 67040 -WR Wireless DI. RADIO EX'r AN'r WR IP67 DUAL RADIO Warranty 2023 EX'rERNAI, Wing AN'ri-,".NNAS WR AP -7562- WiNG AP7562 DUAL I IAC Our AP 7562 DUAL RADIO I Year 67041 -1- Wireless EX'r AN'r 1 12 WR 802.1 IAC 3X33 MIMO Warranty WR ou'rDOOR ACCESS In POIN'r EX'rERNAL AN-ri-,-.NNA (WR SKIJ) 1 12 CONNEC'rOR VERSION Extreme AP -7562- WING AP7562 DUAL I IAC Our AP 7562 DUAL RADIO I Year 07/28/ 67041 -E[1 Wireless EX'r AN'r EU 1 12 802.1 IAC 3X33 MIMO Warranty 2023 ou'rDOOR ACCESS Wing POINT EX'rERNAI- AN-ri-,-.NNA (EIJ SIS I1} 1 12 CONNEC'rOR VERSION AP -7562- WiNG AP7562 DUAL I IAC Our AP 7562 DUAL RADIO I Year 67041 -I1S Wireless EX'r AN'r US 1 12 802.1 IAC 3X33 MIMO Warranty ou'rDOOR ACCESS Wing POINT EX'rERNAI- AN-ri-,-.NNA (IJS SKIJ) 1 12 CONNEC'rOR VERSION Attachment D Page 272 of 471 Page 428 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7562- WiNG AP7562 DUAL 802.1 IAC AP 7562 DUAL RADIO I Year 07/28/ 67041 -WR Wireless 3X33mimo Our 1 12 802.1 IAC 3X33 MIMO Warranty 2023 ou'rDOOR ACCESS Wing POIN'r EX'rERNAI- AN-ri-,-.NNA (WR SKIJ) 1 12 CONNEC'rOR VERSION AP -7602- WING AP7602 802.1 IAC PLATE 802.1 IAC WALLPLATE Limited 681330 -1 -WR Wireless WIC DG1-,".IN'r AN'r WR WI GIH, AP DUAL AND Lifetime RADIO IXI OR SINGLE Warranty BAND RADIO 2X2. Wing IN'rERNAL AN'ri-,".N IXCII-,-.(WR SK(J) Extreme AP -7602- WING AP7602 802.1 IAC PLATE 802.1 IAC WALLPLATE Limited 07/28/ 681330-E(J Wireless WIC DG1-,".IN'r AN'r EU WI GIH, AP DUAL AND Lifetime 2023 RADIO IXI OR SINGLE Warranty BAND RADIO 2X2. Wing IN'rERNAL AN'ri-,".N IXCII-,-.(E[J SKIJ) AP -7602- WING AP7602 802.1 IAC PLATE AP7602 802.11 AC Limited 681330-11- Wireless WIC DG1-,".IN'r AN'r ii- PLA'rE WEDG1-,".IN'r Lifetime AN'r Domain Israel Warranty Wing AP -7602- WING AP7602 802.1 IAC PLATE 802.1 IAC WALLPLATE Limited 681330 -(JS Wireless WIC DG1-,".IN'r AN'r us WI GIH, AP DUAL AND Lifetime RADIO IXI OR SINGLE Warranty BAND RADIO Wing 2X2.IN'rERNAI, AN-ri-,-.N-,-. (IJS SIS IJ) AP -7602- WING AP7602 802.1 IAC PLATE 802.1 IAC WALLPLATE Limited 07/28/ 681330 -WR Wireless WIC DG1-,".IN'r AN'r WR WI GIH, AP DUAL AND Lifetime 2023 RADIO IXI OR SINGLE Warranty BAND RADIO 2X2. Wing IN'rERNAL AN'ri-,".N IXCII-,-.(WIZ. SK(J) AP -7622- WING AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 681330 -1 -WR Wireless DI-/SNG IN'r AN'r IXGE RADIO IXI OR Lifetime WR SINGLE BAND RADIO Warranty 2X21 'rERNAI, Wing AN'ri-,",ITA BLE I XCIF,", (WR SK(J) Extreme AP -7622- WING AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 07/28/ 681330-E(J Wireless DI-/SNG IN'r AN'r IXGE RADIO IXI OR Lifetime 2023 EU SINGLE BAND RADIO Attachment D Page 273 of 471 Page 429 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 274 of 471 Page 430 of 943 2X2 IN'rERNAI- Warranty AN'rE".NNA BLE I XCIE", Wing (1-,-,(1 SK(J) AP -7622- WiNG AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 68B30 -(JS Wireless DI-/SNG IN'r AN'r IXGE RADIO IXI OR Lifetime (is SINGLE BAND RADIO Warranty 2X2 IN'rERNAI- Wing AN'ri-,",ITA BLE I XCIE", [1S SK (J) AP -7622- WiNG AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 07/28/ 681330 -WR Wireless DI-/SNG IN'r AN'r IXGE RADIO IXI OR Lifetime 2023 WR SINGLE BAND RADIO Warranty 2X2 IN'rERNAI- Wing AN'ri-,",ITA BLE I XCIE", (WR SK(J) AP -7632- WING AP763268OB30'rN WING 802.11 ac Indoor Limited 6801330-'rN Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 802.11 ac/abgn internal Wing antenna Domain 'runisia AP -8122- WiNG AP8122 INDOOR 802.1 IN AP8122 INDOOR Limited 04/13/ 66030-EI1 Wireless AP IN'r AN'r EU 802.1 IN AP IN'r AN'r Lifetime 2022 EU Warranty Wing AP -8132- WiNG AP8132 2RADIO 3X33 AP8132 2RADIO 3X33 Limited 04/13/ 66040-EIJ Wireless MIMOEIJ MIMOEIJ Lifetime 2022 Warranty Wing AP -8132- WiNG AP8132 2RADIO 3X33 AP8132 2RADIO 3X33 Limited 04/13/ 66040 -US Wireless MIMOUS MIMOUS Lifetime 2022 Warranty Wing AP -8132- WiNG AP8132 2RADIO 3X33 AP8132 2RADIO 3X33 Limited 04/13/ 66040 -WR Wireless MIMOWR MIMOWR Lifetime 2022 Warranty Wing AP -8163- WiNG AP8163 ou'rDOOR AP8163 ou'rDOOR I Year 66540 -1 -WR Wireless 802.1 IN AP EX'rwips 802.1 IN AP EX'rERNAI- Warranty WR AN'ri-,".N WR Wing Extreme AP -8163- WiNG AP8163 ou'rDOOR AP8163 ou'rDOOR I Year 07/28/ 66540-EIJ Wireless 802.1 IN AP EX,rwiPS EU 802.1 IN AP EX'rwips Warranty 2023 EU Wing AP -8163- WiNG AP8163 ou'FDOOR AP8163 ou'FDOOR I Year 66540 -(JS Wireless 802.1 IN AP EX'rwips us 802.1 IN AP EX'rwips Warranty (is Wing Attachment D Page 274 of 471 Page 430 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -8163- WiNG AP8163 ou'rDOOR AP8163 ou'rDOOR I Year 07/28/ 66540 -WR Wireless 802.1 IN AP EX'rwips 802.1 IN AP EX'rwips Warranty 2023 WR WR Wing AP -8232- WiNG AP8232802.1 IAC INDEP AP8232802.1 IAC INDEP Limited 04/13/ 67040-EIJ Wireless 2RAD EX'r AN'r EU 2RAD EX'r AN'r EU Lifetime 2022 Warranty Wing AP -8232- WiNG AP8232802.1 IAC INDEP AP8232802.1 IAC INDEP Limited 04/13/ 67040 -US Wireless 2RAD EX'r AN'r us 2RAD EX'r AN'r us Lifetime 2022 Warranty Wing AP -8232- WiNG AP8232802.1 IAC INDEP AP8232802.1 IAC INDEP Limited 04/13/ 67040 -WR Wireless 2RAD EX'r AN'r WR 2RAD EX'r AN'r WR Lifetime 2022 Warranty Wing AP -8432- WiNG AP8432 I IAC DUAL INT AP8432 802.11AC Limited 6801330-1- Wireless AN'r2GPOE WR MUMIMODUAL RADIO Lifetime WR BAND UNLOCKED Warranty BLE IN'rERNAL Wing AN'ri-,",ITA POE Our 1JSB 2GIH. WR Extreme AP -8432- WiNG AP843 802.1 IAC DI- INT 802.1 IAC Limited 07/28/ 68OB30-EIJ Wireless AN'r2GPOE EU MUMIMODUAL RADIO Lifetime 2023 BAND UNLOCKED Warranty BLE IN'rERNAL Wing AN'ri-,",ITA POE Our (JSB 2GIH. IN'rERNAI- AN'ri-,".NNA EU AP -8432- WiNG AP8432 I IAC DUAL INT 802.1 IAC WAVE2DUAL Limited 6801330 -US Wireless AN'r 2GPOE US RADIO BAND Lifetime UNLOCKED BLE Warranty IN'rERNAL AN'ri-,".NNA Wing POE Our (JSB 2GIH, IN'rERNAL AN'ri-,",ITA [is AP -8432- WiNG AP843 802.1 IAC DI- INT 802.1 IAC Limited 07/28/ 68OB30-WR Wireless AN'r2GPOE WR MUMIMODUAL RADIO Lifetime 2023 BAND UNLOCKED Warranty BLE IN'rERNAL Wing AN'ri-,",ITA POE Our (JSB 2GIH. IN'rERNAI- AN'ri-,".NNA WR AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533 802.11ac Limited 68SB30-1- Wireless IN'r AN'r 2XCII-,". WR mumimoml RADIO Lifetime WR IN'rERNAL AN'ri-,".NNA Warranty 2XCII-,"-, WR Extreme Wing Attachment D Page 275 of 471 Page 431 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -8533- WiNG AP8533 'rRI RADIO I IAC AP8533'rRI RADIO Limited 07/28/ 68SB30-EIJ Wireless IN'r AN'r 2XGE EU 802.1 IAC M(JMIMO Lifetime 2023 ACCESS POIN'r Warranty DEDICA'rED SIHNSOR Wing BLE IN'rERNAL AN'ri-,",ITA 2XCII-,"-, EU VERSION AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533 802.11ac Limited 68SB30-11- Wireless IN'r AN'r 2XCII-,". IL mumimoml Lifetime RADIOIN'rERNAL Warranty AN'ri-,".NNA 2XCII-,"-, IL Wing Extreme AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533 rFRI RADIO Limited 68SB30-(1S Wireless IN'r AN'r 2XCII-,"-, US 802.1 IAC M(JMIMO Lifetime ACCESS POIN'r Warranty DEDICA'rED SIHNSOR In BLE IN'rERNAL AN'ri-,".NNA 2XCII-,"-, US VERSION AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533TRI RADIO Limited 07/28/ 68SB30-WR Wireless IN'r AN'r 2XCII-,"-, WR 802.1 IAC M(JMIMO Lifetime 2023 ACCESS POIN'r Warranty DEDICA'rED SIHNSOR In BLE IN'rERNAL AN'ri-,".NNA 2XCII-,"-, IN'rERNA'rIONAI, VERION WR AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533 802.11ac Limited 68SB40-1- Wireless EX'r AN'r 2XGE WR mumimoml RADIO Lifetime WR EX'rERNAI, AN'ri-,".NNA Warranty 2XCII-,"-, WR Extreme Wing AP -8533- WING AP8533 TRI RADIO I IAC AP8533TRI RADIO Limited 07/28/ 68SB40-EIJ Wireless EX'r AN'r 2XCII-,"-, EU 802.1 IAC M(JMIMO Lifetime 2023 ACCESS POIN'r Warranty DEDICA'rED SIHNSOR In BLE EX'rERNAI, AN'ri-,".NNA 2XCII-,"-, EU VERSION AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533TRI RADIO Limited 68SB40-(1S Wireless EX'r AN'r 2XCII-,"-, US 802.1 IAC M(JMIMO Lifetime ACCESS POIN'r Warranty DEDICA'rED SIHNSOR In BLE EX'rERNAI, AN'ri-,".NNA 2XCII-,"-, US VERSION Attachment D Page 276 of 471 Page 432 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -8533- WiNG AP8533 'rRI RADIO I IAC AP8533'rRI RADIO Limited 07/28/ 68SB40-WR Wireless EX'r AN'r 2XGE WR 802.1 IAC M(JMIMO Lifetime 2023 ACCESS POIN'r Warranty DEDICA'rED Sl-,".NSOR In BLE EX'rERNAI, AN'ri-,".NNA 2XCII-,"-, IN'rERNA'riONAL VERION WR AP-PSBIAS- WiNG ou'rDOOR POE ou'rDOOR IP66 I Year 7161 -US Wireless INJEC'rOR US 802.3A,r GIGABrr Warranty E'rHERNE'r POWER Wing INJEC'rOR 100240 VAC (is 135G124-24 Fixed 1-2 B5 sw 24X3SPD+4SFP B5 sw 24X3SPD+4SFP Limited 06/30/ Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 135G124-24- Fixed 1-2 B 5 sw B5 s Limited 06/30/ G 24X3SPD+4SFP'rAA 24X3SPD+4SFP'rAA Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 135G124- Fixed 1-2 B 5 sw B5 sw Limited 06/30/ 24P2 24X3SPDA'rPOE+4SFP 24X3SPDA'rPOE+4SFP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 135G124- Fixed 1-2 B 5 sw B5 sw Limited 06/30/ 24P2 -CI 24X3SPDA'rPOE+4SFP'r 24X3SPDA'rPOE+4SFP'r Lifetime 2022 AA AA Warranty with express Advanced Attachment D Page 277 of 471 Page 433 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 278 of 471 Page 434 of 943 Hardware Replacern ent-2 135GI24-48 Fixed 1-2 B5 sw 48X3SPD-1-4SFP B5 sw 48X3SPD+4SFP Limited 06/30/ Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 135GI24-48- Fixed 1-2 B 5 sw B5 sw Limited 06/30/ G 48X3SPD+4SFP'rAA 48X3SPD+4SFP'rAA Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 B5GI24- Fixed 1-2 B 5 sw B5 sw Limited 06/30/ 48P2 48X3SPDA'rPOE+4SFP 48X3SPDA'rPOE+4SFP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 B5GI24- Fixed 1-2 B 5 sw B5 sw Limited 06/30/ 48P2 -CSI 48X3SPDA'rPOE+4SFP'r 48X3SPDA'rPOE+4SFP'r i-ifetime 2022 AA AA Warranty with express Advanced Hardware Replacern ent-2 B5KI25-24 Fixed 1-2 B 5 sw B5 sw Limited 06/30/ 24X3SPD+2SFPP[-(1S 24X3SPD+2SFPP[-(1S Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 278 of 471 Page 434 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 279 of 471 Page 435 of 943 Replacern ent-2 B5KI25-24- Fixed 1-2 B5 sw B5 sw Limited 06/30/ G 24X3SPD+2SFPPi-us'rAA 24X3SPD+2SFPPI-(Js'rA Lifetime 2022 A Warranty with express Advanced Hardware Replacern ent-2 B5KI25- Fixed 1-2 B 5 sw B5 sw Limited 06/30/ 24P2 24X3SPDA'rPOE+2SFPPI- 24X3SPDA'rPOE+2SFPP Lifetime 2022 (is Uis Warranty with express Advanced Hardware Replacern ent-2 B5KI25- Fixed 1-2 B 5 sw B5 sw Limited 06/30/ 24P2 -CSI 24X3SPDA'rPOE+2SFPPI- 24X3SPDA'rPOE+2SFPP Lifetime 2022 us'rAA i-tjs,rAA Warranty with express Advanced Hardware Replacern ent-2 B5KI25-48 Fixed 1-2 B 5 sw B5 sw Limited 06/30/ 48X3SPD+2SFPPI-(JS 48X3SPD+2SFPPI-(JS Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 B5KI25-48- Fixed 1-2 B 5 sw B5 sw Limited 06/30/ G 48X3SPD+2SFPPi-us'rAA 48X3SPD+2SFPPI-(Js'rA Lifetime 2022 A Warranty with express Advanced Hardware Attachment D Page 279 of 471 Page 435 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 280 of 471 Page 436 of 943 Replacern ent-2 B5KI25- Fixed 1-2 B5 sw B5 sw Limited 06/30/ 48P2 48X3SPD+2SFPP[-(1S 48X3SPD+2SFPP[-(1S Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 B5KI25- Fixed 1-2 B 5 sw B5 sw Limited 06/30/ 48P2 -C'1 48X3SPD+2SFPPi-us'rAA 48X3SPD+2SFPP[-(1s'rA Lifetime 2022 A Warranty with express Advanced Hardware Replacern ent-2 1351 -24- Fixed 1-2 QTY 8 BUNDLE OF Limited 06/30/ BUN B5KI2524 Lifetime 2020 Warranty with express Advanced Hardware Replacern ent 1351 -48- Fixed 1-2 QTY 8 BUNDLE OF Limited 06/30/ BUN B5KI2548 Lifetime 2020 Warranty with express Advanced Hardware Replacern ent BR -6910- SRA 12 P Cll-,"h, COM130NO AC Brocade 691012 x I GbE I Year 02/28/ EAS -II -AC POWER coRDqo'r0260V combination copper Warranty 2023 10/100/1000 Base'r (RJ45)OR 100/1000 BaseX SI P portsredundant AC power supplytemperature hardened Attachment D Page 280 of 471 Page 436 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -6910- SRA 12 P C11HH, CO 30 W/ Brocade 691012 x I GbE I Year 02/28/ EAS -II -LSC DUAL DC POWER combination copper Warranty 2023 2o'rO60V 10/100/1000 Base'r (RJ45)OR 100/1000 BaseX SFP portsredundant DC power supplytemperature hardened BR -BFO- SRA BFO APPLICATION 20OG Brocade Flow Optimizer Software LRG PERPE'r(JAL Application Perpetual Warranty License for up to 20OG traffic management capabi ity BR -BFO- SRA BFO APPLICATION 20G Brocade Flow Optimizer Software SMI- PERPE'r(JAL Application Perpetual Warranty License for up to 20G traffic management capability. BR -CER- SRA CER 2024C4XR'rI 50OW Brocade CER2024C4XR'r I Year 20240-4X- ACBASE SW includes24 RJ45 portsof Warranty R'r-AC 10/100/1000Mbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet with 4 fixedports of IOGigabit Ethernet SI P+ 50OW AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CER- SRA CER 2024C4XR'rI 50OW Brocade CER2024C4XR'r I Year 20240-4X- DCBASE SW includes24 RJ45 portsof Warranty R'r-DC 10/100/100OMbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet with 4 fixedports of IOGigabit Ethernet SI P+ 50OW DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BR -CER- SRA CER 2024F4XRTI 50OW Brocade CER2024F4XR,r I Year 2024F -4X- ACBASE SW includes24 SIP ports of Warranty R'r-AC 100/100OMbps Ethernet with 4 combination Attachment D Page 281 of 471 Page 437 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 282 of 471 Page 438 of 943 RJ45/SFPGigabit Ethernet with 4 fixedports of IOGigabit Ethernet SI P+ 50OW AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CER- SRA CER 2024F4XRT1500 W Brocade CER2024F4XR,r I Year 2024F -4X- DCBASE SW includes24 SEP ports of Warranty R'r-DC 100/100OMbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet with 4 fixedports of IOGigabit Ethernet SI P+ 50OW DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BR -CES- SRA CES 2024C4XI 50OW Brocade CES 2024C4X I Year 10/27/ 20240-4X- ACBASE SW includes 24 RJ45 ports of Warranty 2023 AC 10/100/1000 Mbps Ethernet with 4 combination RJ45/SFP Gigabit Ethernet ports 4 fixed ports of 10 Gigabit Ethernet SIP + 50OW AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CES- SRA CES 2024C4XI 50OW Brocade CES2024C4X I Year 10/27/ 20240-4X- DCBASE SW includes24 RJ45 portsof Warranty 2023 DC 10/100/100OMbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet Ports 4 fixedports of IOGigabit Ethernet SI P+ 50OW DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BR -CES- SRA CES 2024F4X I 50OW Brocade CES 2024F4X I Year 10/27/ 2024F -4X- ACBASE SW includes 24 SEP ports of Warranty 2023 AC 100/1000 Mbps Ethernet with 4 combination RJ45/SFP Gigabit Attachment D Page 282 of 471 Page 438 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 283 of 471 Page 439 of 943 Ethernet ports 4 fixed ports of 10 Gigabit Ethernet SFP+ 500W AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CES- SRA CES 2024F4X I 50OW Brocade CES 2024F4X I Year 10/27/ 2024F -4X- DCBASE SW includes 24 SIP ports of Warranty 2023 DC 100/1000 Mbps Ethernet with 4 combination RJ45/SFP Gigabit Ethernet ports 4 fixed ports of 10 Gigabit Ethernet SI P+ 50OW DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BRK'r- WiNG BEAM CLIP for Mounting BEAM CLIP for I Month 0001471-01 Wireless Plate Mounting Plate Warranty Wing BRK'r- WiNG AP75327522 BRCK'r AP 7532 AP 7522 1 Month 000167A-01 Wireless ADAP'rER WALL BRACKE'r ADAP'rER Warranty MO(JN'r FOR WALL MO(JN'r Wing BR -MI -X- SRA MI -XE, IPORT lOOGBE lOOGbE 1port module Software 10001X 1- LIC IJPG,rO 2POR'r license upgrade 'rO 2ports Warranty 2P(1P01 ON a MI -Xe BR -MI -X- SRA MI -X 2PORT lOOGBE (M) Brocade MI -Xe two I Year I0001X2- CFP2 MODULE. SUPP (2)port I OOGbE (M) Warranty CI P2 -M module with lPv4/lPv6/MPI-S hardware support. Requires CFP2 optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR -MI -X- SRA MI -X 2PORT lOOGBE Brocade MI -Xe two I Year I0001X2- (X2) CI P2 MODULE. SUP (2)port I OOGbE (X2) Warranty CI P2 -X2 module with lPv4/lPv6/MPI-S hardware support. Requires CFP2 optics. Supports simultaneous 2M IPv4 and 0.8M IPv6 or simultaneous 1.5M IPv4 and IM IPv6 routes Attachment D Page 283 of 471 Page 439 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 284 of 471 Page 440 of 943 in FIB. Requires high speed switch fabric module BR -MI -X- SRA MLXE IOPORT MI -X SOFTWARE Software 10GX10- lGB1-,"./10GBE LIC (JPG LICF,".NSE'ro UPGRADE Warranty 20PIJPG 'rO 20P FROM 10 POR -r (X2) -ro 20 POR'r 10G/IG COM130 MODULE. BR -MI -X- SRA 10X1/10C11-,".SFP+ BLADE MI -X IOPORT I Year 10GX10-X2 X2 I OGBE/ I C113E (X2) SF P+ Warranty AND SIP COM130 MODULE wim EX,ri-,".N ROti'rE 'rABLE S[JPPOR,r tip 'rO 2M IPV4 AND 800K IPV6 ROurES IN HARDWARE. MACSEC ENABLED. UPGRADEABLE'ro 20XIOGX2 USING ADDI'riONAI- SOF'rWARE LICF,".NSE. BR -MI -X- SRA MI -X 20PORT Brocade MI -Xe twenty I Year I0GX20-M 10 GB GB E (M) (20)port 10GBE/1GBE Warranty COM130 MODULE (M) combo module with lPv4/lPv6/MPI-S hardware support. Requires SI P+ and SI P optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR -MI -X- SRA MI -X 20PORT Brocade MI -Xe twenty I Year 10GX20-X2 10 GB GB E (X2) (20)port 10GBE/1GBE Warranty COM130 MODUL (X2) combo module with lPv4/lPv6/MPI-S hardware support. Requires SI P+ and SI P optics. Supports simultaneous 2M IPv4 and 0.8M IPv6 or simultaneous 1.5M IPv4 and IM IPv6 routes in FIB. Requires hSFM. Attachment D Page 284 of 471 Page 440 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -MI -X- SRA MI -X 24POR'r IOC113E Brocade MI -Xe twenty I Year 10/27/ I00.1X24-DM MODIJI-EW/MPI-S four (24)port l0GbE Warranty 2023 S(JPPOR'r (DM) module with lPv4/lPv6/MPI-S capabilities. Requires SI PP optics. Supports 256K IPv4 routes in FIB. BR -MI -X- SRA MI -X 4PORT IO0113E AND Brocade MI -Xe eight port I Year 1001X4- 4POR-r IC113E (M) IP (4port IOC113E and 4port Warranty IPSEC-M IGBE) (M) IP Security (IPSEC) module with lPv4/lPv6/VRF hardware support. Requires SI P+ and SIP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR -MI -X- SRA XMR/M[-XF,, 4PORT XMR/M[-Xe four (4)port I Year 10/27/ I001X4-X IOC113E (X) XIP MODULE 1001bE (X) module with Warranty 2023 lPv4/lPv6/MPI-S hardware supportrequires XIP optics. Supports IM IPv4 routes in FIB. BR -MI -X- SRA XMR/M[-XF,, 4PORT MI-X/M[-Xe four (4)port I Year 10/27/ I001X4-X- IOC113E (MI-) XIP 1001bE (MI-) module with Warranty 2023 ML MODULE lPv4/lPv6/MPI-S hardware supportrequires XIP optics. Supports 512K IPv4 routes in FIB. License Upgradeable to X scalability (IM IPv4 routes in FIB). BR -MI -X- SRA MI -X 4PORT IO0113E MI -X 4PORT IO0113E Software 1001X4- IICI-,-.NSE (JPGD -ro (x) I -ICI -,-.NSE (JPGD'ro (x) Warranty X(JPG BR -MI -X- SRA XMR/M[-XF,, 8PORT MI-Xe/XMR eight (8)port I Year 10/27/ I001X8-X IOC113E (X) SI PP 1001bE (X) module with Warranty 2023 MODULE lPv4/lPv6/MPI-S hardware supportrequires SI PP optics. Supports IM IPv4 routes in FIB. Requires high speed switch fabric modules. BR -MI -X- SRA XMR/M[-XF,, 24PORT XMR/M[-XF,, 24port I Year IGCX24-X IC113E (X) COPPER I GbE (X) Copper (RJ45) Warranty MODULE Attachment D Page 285 of 471 Page 441 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 286 of 471 Page 442 of 943 Module. Supports IM IPv4 routes in FIB. BR -MI -X- SRA MI-X/M[-XF,, 24PORT MI-X/M[-XF,, 24port I Year IGCX24-X- I0113E (MI-) COPPER I GbE (MI-) Copper Warranty NIL MODUL (RJ45) Module. Supports 512K IPv4 routes in FIB. License Upgradeable to X scalability (IM IPv4 routes in FIB). BR -MI -X- SRA XMR/MI-XE, 24PORT XMR/MI-XE, 24port I Year IG X24 -X I0113E (X) SIP MODULE lGbE (X) Fiber (SEP} Warranty Module. Supports IM IPv4 routes in FIB. BR -MI -X- SRA MI-X/M[-XF,, 24PORT MI-X/M[-XF,, 24port I Year 101 X24 -X- I0113E (MI-) SEP lGbE (MI-) Fiber (SEP} Warranty NIL MODULE Module. Supports 512K IPv4 routes in FIB. License Upgradeable to X scalability (IM IPv4 routes in FIB). BR -MI -X- SRA MIA 20PORT IC113E (M) Brocade M[ -Xe twenty I Year I01X20- MODULE (20)port IGBIHAGBE (M) Warranty U I OG -M module with lPv4/lPv6/MPI-S hardware support. Requires SEP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules. Upgradeable to 1001 with BRMI-XIGX20IJ10CIMIJ PG license. BR -MI -X- SRA MLXE 20PR-r(m)10GBE M[ -Xe 20PORT (m) To Software I01X20- LIC (JPG 1100113E, Gigabit Ethernet license to Warranty (J10G- upgrade from I C113E 'ro M(JPG 101BE/1001BE combo port BR -MI -X- SRA MIA 20PORT IC113E (X2) Brocade M[ -Xe twenty I Year I01X20- MODULE (20)port I C113E (X2) Warranty U I OG -X2 module with lPv4/lPv6/MPI-S hardware support. Requires SEP optics. Supports simultaneous 2M IPv4 and 0.8M IPv6 or 1.5M IPv4 and IM Attachment D Page 286 of 471 Page 442 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 287 of 471 Page 443 of 943 IPv6 routes in FIB. Requires hSFM. Upgradeable to I OG with extra license. BR -MI -X- SRA MI -XE, 20PR-r(X2)10C!13E MI -Xe 20PORT (X2) 10 Software IGX20- I.ICIJPG,ro 110/GBE Gigabit Ethernet license to Warranty (J10G- upgrade from I C113E 'ro X2(JPG lGBE/10GBE combo port BR -MI -X- SRA MI -X 24PORT IC113E M[-X/MI-XE, 24PORT Software IGX24- LICIHNSE UPC' RADE, IC113E LICIHNSE Warranty X(JPG N UPGRADE -ro (x) BR -MI -X- SRA MI-XE,/MI-X GIHN2 MI-Xe/MI-X Gent I Year 32-MR2-M MANAC!1-,-.mI-,-.N-r (m) management (M) module Warranty MODULE FOR for 32slot systems. Includes 4 GB RAM I internal compact flash drive (2GB) I external compact flash slot with included 203 card RS232 serial console port and 10/100/1000 Ethernet port for management BR -MI -X- SRA MI-XE,/MI-X GIHN2 MI-Xe/MI-X Gent I Year 32-MR2-X MANAC!1-,-.mI-,-.N-r (x) management (X) module Warranty MODULE FOR for 32slot systems. Includes 4 GB RAM I internal compact flash drive (2GB) I external compact flash slot with included 203 card RS232 serial console port and 10/100/1000 Ethernet port for management BR -MI -X- SRA MI -X 4PORT 40C113E (M) Brocade MI -Xe four I Year 40GX4-M QSFP+ MODULE. SUPP (4)port 40CIbE (M) Warranty module with lPv4/lPv6/MPI-S hardware support requires QSFP+ optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR -MI -XE,- SRA MLXE,16 EXHAUST FAN M[-Xe16 exhaust fan I Year 16 -FAN ASSEMBLY KI'r assembly kit Warranty BR -MI -XE,- SRA MLXE,16 AIR FIFFER M[-Xe16 air filter I Year 16-FurR Warranty Attachment D Page 287 of 471 Page 443 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR-M[-XF,,- SRA M[-XE16 3 HSF 4 180OW Brocade M[-Xe16 AC I Year 16-MR2-M- AC I MR2 (M) MG system with I MR2 (M) Warranty AC management module 3 high speed switch fabric modules 4 1800W AC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR-M[-XF,,- SRA M[-XE16 3 HSF 4 180OW Brocade M[-Xe16 DC I Year 16-MR2-M- DC I MR2 (M) MG system with I MR2 (M) Warranty DC management module 3 high speed switch fabric modules 4 180OW DC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR-M[-XF,,- SRA M[-XE16 3 HSF 4 180OW Brocade M[-Xe16 AC I Year 16-MR2-X- AC I MR2 (X) MG system with I MR2 (X) Warranty AC management module 3 high speed switch fabric modules 4 180OW AC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR-M[-XF,,- SRA M[-XE16 3 HSF 4 180OW Brocade M[-Xe16 DC I Year 16-MR2-X- DC I MR2 (X) MG system with I MR2 (X) Warranty DC management module 3 high speed switch fabric modules 4 180OW DC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR-M[-XF,,- SRA SPARE, M I -XE 16 Spare M[-Xe16 chassis I Year 16-S CHASSIS with 2 exhaust fan Warranty assembly kits and air filter BR-M[-XF,,- SRA 32Si-o,r NETIRON 32slot NetIron I Year 32-ACPWR- MI-XF,,/XMR/M[-X AC MI-Xe/XMR/M[-X AC Warranty 3000 300OW PS 300OW power supply BR-M[-XF,,- SRA 32Si-o,r NETIRON 32slot NetIron I Year 32-DCPWR- MI-XF,,/XMR/M[-X DC MI-Xe/XMR/M[-X DC Warranty 3000 300OW PS 300OW power supply Attachment D Page 288 of 471 Page 444 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -MI -XE- SRA MI-XE32 EXI-IA(Js,r FAN M[-Xe32 exhaust fan I Year 32 -FAN ASSE"MBLY KI'r Warranty BR -MI -XE- SRA UPWARD DE"T LECTOR M[-Xe32 / MI -X32/ I Year 32 -FAN- FOR 32Si.o,r sys,ri-,"m XMR32000 upward fan Warranty DE"T LEC'ro FAN deflector for 32slot R chassis exhaust fans. Directs air exhaust upwards. I deflector per exhaust fan. BR -MI -XE- SRA MI-XE32 AIR FIFFERS 2 M[-Xe32 air filters 2 filter I Year 32-FurR FlurER KI'r kit Warranty BR -MI -XE- SRA MI-XE32 7 HSF 4 3000W Brocade M[-Xe32 AC I Year 32-MR2-M- AC I MR2 (M) MG system with I MR2 (M) Warranty AC management module 7 high speed switch fabric modules 4 3000W AC power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR -MI -XE- SRA MI-XE32 7 HSF 4 3000W Brocade M[-Xe32 DC I Year 32-MR2-M- DC I MR2 (M) MG system with I MR2 (M) Warranty DC management module 7 high speed switch fabric modules 4 3000W DC power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR -MI -XE- SRA MI-XE32 7 HSF 4 3000W Brocade M[-Xe32 AC I Year 32-MR2-X- AC I MR2 (X) MG system with I MR2 (X) Warranty AC management module 7 high speed switch fabric modules 4 3000W AC power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR -MI -XE- SRA MI-XE32 7 HSF 4 3000W Brocade M[-Xe32 DC I Year 32-MR2-X- DC I MR2 (X) MG system with I MR2 (X) Warranty DC management module 7 high speed switch fabric modules 4 3000W DC Attachment D Page 289 of 471 Page 445 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 290 of 471 Page 446 of 943 power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR -MI -XE,- SRA SPARE, MLXE,32 Spare M[-Xe32 chassis I Year 32-5 CHASSIS with 2 power supply fans Warranty 8 exhaust fans and 2 air filters. BR -MI -XE,- SRA MI-XE,4 EXHAUST AN M[-Xe4 exhaust fan I Year 4 -FAN ASSF,".MBLY KI'r assembly kit Warranty BR -MI -XE,- SRA MI-XE,4 AIR FIFTER M[-Xe4 air filter I Year 4-FurR Warranty BR -MI -XE,- SRA MI-XE,4 2 HSI I 180OW Brocade M[-Xe4 AC I Year 4-MR2-M- AC I MR2 (M) MGM system with I MR2 (M) Warranty AC management module 2 high speed switch fabric modules I 180OW AC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. BR -MI -XE,- SRA MI-XE,4 2 HSI I 180OW Brocade M[-Xe4 DC I Year 4-MR2-M- DC I MR2 (M) MGM system with I MR2 (M) Warranty DC management module 2 high speed switch fabric modules I 180OW DC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. BR -MI -XE,- SRA MI-XE,4 2 HSI I 180OW Brocade M[-Xe4 AC I Year 4-MR2-X- AC I MR2 (X) MGM system with I MR2 (X) Warranty AC management module 2 high speed switch fabric modules I 180OW AC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. BR -MI -XE,- SRA MI-XE,4 2 HSI I 180OW Brocade M[-Xe4 DC I Year 4-MR2-X- DC I MR2 (X) MGM system with I MR2 (X) Warranty DC management module 2 high speed switch fabric modules I 180OW DC power supply 4 exhaust Attachment D Page 290 of 471 Page 446 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 291 of 471 Page 447 of 943 fan assembly kits and air filter. Power cord not included. BR -MI -XE,- SRA SPARE, MI.XE,4 CHASSIS Spare M[-Xe4 chassis I Year 4-S with 4 exhaust fan Warranty assembly kits and air filter BR -MI -XE,- SRA MI-XE,8 EXHAUST AN M[-Xe8 exhaust fan I Year 8 -FAN ASSF,".MBLY KI'r assembly kit Warranty BR -MI -XE,- SRA MI-XE,8 AIR FIFTER M[-Xe8 air filter I Year 8-FurR Warranty BR -MI -XE,- SRA MI-XE,8 2 HSI 2 180OW Brocade M[-Xe8 AC I Year 8-MR2-M- AC I MR2 (M) MGM system with I MR2 (M) Warranty AC management module 2 high speed switch fabric modules 2 180OW AC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR -MI -XE,- SRA MI-XE,8 2 HSI 2 180OW Brocade M[-Xe8 DC I Year 8-MR2-M- DC I MR2 (M) MGM system with I MR2 (M) Warranty DC management module 2 high speed switch fabric modules 2 180OW DC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR -MI -XE,- SRA MI-XE,8 2 HSI 2 180OW Brocade M[-Xe8 AC I Year 8-MR2-X- AC I MR2 (X) MGM system with I MR2 (X) Warranty AC management module 2 high speed switch fabric modules 2 180OW AC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR -MI -XE,- SRA MI-XE,8 2 HSI 2 180OW Brocade M[-Xe8 DC I Year 8-MR2-X- DC I MR2 (X) MGM system with I MR2 (X) Warranty DC management module 2 high speed switch fabric modules 2 180OW DC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included Attachment D Page 291 of 471 Page 447 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -MI -XE,- SRA SPARE, MI.XE,8 CHASSIS Spare M[-Xe8 chassis I Year 8-S with 2 exhaust fan Warranty assembly kits and air filter BR -MI -XE,- SRA 16/8/4Si-o,r 16 8 and 4slot MI -Xe and I Year ACPWR- M[-XE,16/8si-C'r 16 and 8S]ot XMR/MI-X Warranty 1800 XMR/MI.X AC 18 AC 180OW power supply BR -MI -XE,- SRA 16/8/4Si-o,r 16 8 and 4slot MI -Xe and I Year DCPWR- M[-XE,16/8si-C'r 16 and 8S]ot XMR/MI-X Warranty 1800 XMR/MI.X DC 18 DC 180OW power supply BR -MI -XE,- SRA MI-XE,4 HSFAC MR2 Brocade M[-Xe4 AC I Year F,,N,r-4- FANSFu-'rER enterprise switch system Warranty MR2-M-AC with I MR2 (M) management module 2 high speed switch fabric modules I 180OW AC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. BR -MI -XE,- SRA MI-XE,8 HSFAC MR2 Brocade M[-Xe8 AC I Year F,,N,r-8- FANSFu-'rER enterprise switch system Warranty MR2-M-AC with I MR2 (M) management module 2 high speed switch fabric modules 2 180OW AC power supply 2 exhaust fan assembly kits and air filter. Power cord not included. BR -MI -X- SRA MI-XE,/MI-X 011-,".N2 MI-XE,/MI-X 011-,".N2 I Year MR2-M MANA011-,-.1 I-,-.N-r (m) MANAGI-,-.Ml-,-.N-r (m) Warranty MODULE FOR MODULE FOR 4 8 AND 16Si-o,r sys,rEMS. INCLUDES 4 GB RAM I IN'rERNAI- COMPACT[, FLASH DRIVE (20113) I EX'rERNAI- COMPACT[, FLASH si-o'r wim INCLUDED 20113 CARD RS232 SERIAL CONSOLE PC R'r AND 10/100/1000 E'ruir,,RNE'r POR' FSO MANA011-,".M1-,".N'r Attachment D Page 292 of 471 Page 448 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -MI -X- SRA MI-XF,,/XMR GIH.N2 MI-Xe/XMR Gent I Year MR2-X MANAG1-,-.mI-,-.N-r (x) management (X) module Warranty MODULE FOR for 4 8 and 16slot systems. Includes 4 GB RAM I internal compact flash drive (2G13) I external compact flash slot with included 2GB card RS232 serial console port and 10/100/1000 Ethernet port for management BR- SRA IP ADD ON [.ICI -,".NSE 10 Adds MPLS management Software 11/20/ N'rWADV- MPLS to 10 devices licensed for Warranty 2020 MPI -S-10 1-,".NN,rWADVIP or BRN'rWADVIP Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. BR- SRA IP ADD ON [.ICI -,".NSE 25 Adds MPLS management Software 11/20/ N'rWADV- MPLS to 25 devices licensed for Warranty 2020 MPI -S-25 1-,".NN,rWADVIP or BRN'rWADVIP Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. BR- SRA IP ADD ON [.ICI -,".NSE 50 Adds MPLS management Software 11/20/ N'rWADV- MPLS to 50 devices licensed for Warranty 2020 MPI -S-50 1-,".NN,rWADVIP or BRN'rWADVIP Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. BR-NVA- SRA VISIBUTry mANAG1-,R VISIBHTFY MANAGIH.R Software BVM-1 I -ICI -,".NSE FOR I DEVICE [.ICI -,".NSE FOR I Warranty DEVICE. Perpetual Visibility Manager license for up to I device. Attachment D Page 293 of 471 Page 449 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR-NVA- SRA G'rP CORRE I-A'rION SDN controller module Software GCC MODULE FOR for the M[ -Xe Network Warranty OFFLOADWHI'r Packet Broker platform. Performs G'rP Correlation and other control functions to dynamically reprogram outbound flows from MI -Xe. BR-NVA- SRA INF OSIM STABLE NET NF OSIM sTABLENET Software INF OSIM-1 I -ICI -,".NSE FOR I DEVICE [.ICI -,".NSE FOR I Warranty DEVICE. Perpetual Infosim StableNet license for up to I device with 250 measurements. BR-NVA-SD SRA SESSION DIRECTOR SESSION DIRECTOR Software wim EXPERT wim EXPERT Warranty FEA'r11RES FEA'r1JRES. Perpetual license for up to 40 Gbps of traffic with 10 million subscribers (ISIS} and 25 million sessions. BR-NVA- SRA SESSION Brocade Session Director Software SD7100-P- DIREc'rORFEA'r (SFS} 7 100 feature bundle Warranty 01 BNDI-710OPERP LIC perpetual license for 40 Gbps of total traffic. BR-NVA- SRA SESSION Brocade Session Director Software SF 8100-P- DIREc'rORFEA'r (SFS} 8 100 feature bundle Warranty 01 BNDI-810OPERP LIC perpetual license for 40 Gbps of total traffic. BR-NVA- SRA SESSION Brocade Session Director Software SF 8200-P- DIREc'rORFEA'r (SD) 8200 feature bundle Warranty 01 BNDI-820OPERP LIC perpetual license for 40 Gbps of total traffic. BR-NVA- SRA SESSION Brocade Session Director Software SD9100-P- DIREc'rORFEA'r (SFS} 9 100 feature bundle Warranty 01 BNDI-910OPERP LIC perpetual license for 40 Gbps of total traffic. BR-NVA- SRA ANALYSIS ENGINE AND Analytics Engine within Software VACE Ul FOR REPOR'rs AND A the Vistapointe Analytics Warranty suite. Receives processed traffic metadata from APE probes computes metrics and KPIs. 'rhe vVID reporting engine and ASE SDN engine (for third art integration) are Attachment D Page 294 of 471 Page 450 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 295 of 471 Page 451 of 943 both contained within this SKU BR-NVA- SRA PROTOCOL DECODER vIPE is the probing Software VIPE-DIA FOR DIAMF".'rER BASED platform within the Warranty IN'rE Vistapointe analytics suite. vIPEDIA is the Diameter probe which extracts decodes and reduces Diameter traffic for processing by the Anal ytics engine (vACE). BR-NVA- SRA PROTOCOL DECODER vIPE is the probing Software VIPE-GI FOR SGI AND GI platform within the Warranty IN'rERFAC Vistapointe analytics suite. vIPEGi is the Gi/SGi IP traffic probe which extracts decodes and reduces Gi traffic for processing by the Anal ytics engine (vACE). BR-NVA- SRA PROTOCOL DECODER vIPE is the probing Software VIPE-G'rP FOR G'rP vi AND V2 platform within the Warranty IN'rER Vistapointe analytics suite. vIPEG'rP is the G'rP v1 and v2 protocol probe (for G'rPu and G' Pc traffic) which extracts decodes and reduces G'rP traffic for processing by the Anal ytics engine (vACE). BR-NVA- SRA VIRTUAL BROKER ADV Brocade NVA Virtual Software VPB-API PFS RPE'r[JAL LICIHNSE Packet Broker Warranty (vPB)Advanced feature bundle (also includes Basic features)perpetual License aggregating up to 25 'l AP end points BR-NVA- SRA VIRTUAL BROKER Brocade NVA Virtual Software VPB-BP1 BASIC PERPE'r1JAI- Packet Broker (vPB)Basic Warranty LICIHNSE feature bundleperpetual License aggregating up to 25 'l AP end points Attachment D Page 295 of 471 Page 451 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR-NVA- SRA VIR,r(JAI,,rAP ADV 25 Brocade NVA Virtual Software v'rAP- PIS RPE'r(JAL LICE"NSE 'rAP (v,rAP)Advanced Warranty AP125 feature bundle(Includes Basic Features)perpetual 25 instance License BR-NVA- SRA VIRTUALTAP BASIC 25 Brocade NVA Virtual Software v'rAP- PIS RPE'r(JAL LICE"NSE 'rAP (v,rAP)Basic feature Warranty BP125 bundleperpetual 25 instance License BR -SI -X- SRA 48X25GE",+6X I OOGE", Brocade SLX 914048V I Year 9140-48V- swrrCH AC FB Switch AC with Front to Warranty AC -F AIRFLOW Back airflow (Portside to nonport side airflow) 48x25GE"./1OGE"./1GE". + 6x100GE"Y40GE".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -SI -X- SRA 4 8X2 5 GE",+6X I OOGE", Brocade SLX 914048V I Year 9140-48V- swrrCH AC BF Switch AC with Back to Warranty AC -R AIRFLOW Front airflow (Nonportside to port side airflow) 48x25GE"./1OGE"./1GE". + 6x100GE"Y40GE".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -SI -X- SRA 4 8X2 5 GE",+6X I OOGE", Brocade SLX 914048V I Year 9140-48V- swrrCH DC FB Switch DC with Front to Warranty DC -F AIRFLOW Back airflow (Portside to nonport side airflow) 48x25GE"./1OGE"./1GE". + 6x100GE"Y40GE".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -SI -X- SRA 4 8X2 5 GE",+6X I OOGE", Brocade SLX 914048V I Year 9140-48V- swrrCH DC BF Switch DC with Back to Warranty DC -R AIRFLOW Front airflow (Nonportside to port side airflow) 48x25GE"./1OGE"./1GE". + 6x100GE"Y40GE".. (14-1) redundant power supplies Attachment D Page 296 of 471 Page 452 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 297 of 471 Page 453 of 943 and (44-1) redundant fans included. BR -S[ -X- SRA S/WADVANCED Advanced Feature License Software 9140 -ADV- FEA'r(JRE LICE".NSE Warranty LIC -P BR -S[ -X- SRA 32XI00CIE". swrrCH NO Brocade SLX 9240320 I Year 9240-32C FAN[PS Switch. No Fans/Power Warranty supplies included. 3 2x I 00C!E",/40C!E",. BR -S[ -X- SRA 32XI00CIE". swiTCH FB Brocade SLX 9240320 I Year 9240-32C- AIRFLOW AC Switch AC with Front to Warranty AC -F Back airflow (Portside to nonport side airflow) 32xI00C!E"./40C!E".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA 32XI00CIE". SWITCH BF Brocade SLX 9240320 I Year 9240-32C- AIRFLOW AC Switch AC with Back to Warranty AC -R Front airflow (Nonportside to port side airflow) 32xI00C!E"./40C!E".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA 32XI00CIE". swiTCH FB Brocade SLX 9240320 I Year 9240-32C- AIRFLOW DC Switch DC with Front to Warranty DC -F Back airflow (Portside to nonport side airflow) 32xI00C!E"./40C!E".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA 32XI00CIE". SWITCH BF Brocade SLX 9240320 I Year 9240-32C- AIRFLOW DC Switch DC with Back to Warranty LSC -It Front airflow (Nonportside to port side airflow) 32xI00C!E"./40C!E".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA S/WADVANCED Advanced Feature License Software 9240 -ADV- FEA'r(JRE LICE".NSE Warranty LIC -P Attachment D Page 297 of 471 Page 453 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -S[ -X- SRA 24X I 0C!I-,",+24X I CIIH, Brocade SLX 954024S I Year 9540-24S- swrrCH AC PR'rSD Switch AC with Front to Warranty AC -F IN'rK Back airflow (Portside to nonport side airflow). Supports 24xI0C!I-,"./IC!I-,". + 24x I C11H. ports. BR -S[ -X- SRA 24X I 0C!I-,",+24X I CIIH, Brocade SLX 954024S I Year 9540-24S- swrrCH AC PR'rSD EXI-I Switch AC with Back to Warranty AC -R Front airflow (Nonport Side to port side airflow). Supports 24xI0C!I-,"./IC!I-,". + 24x I C11H. ports. BR -S[ -X- SRA UPGRADE 24XICIIH.To Upgrade 24x I GE to Software 9540-24S- 2 4 X 10 C11HY I CIIH, 24xI0C!I-,"./IC!I-,". Warranty COD -P BR -S[ -X- SRA 24X I 0C!I-,",+24X I CIIH, Brocade SLX 954024S I Year 9540-24S- swrrCH DC PR'rSD Switch DC with Front to Warranty DC -F IN'rK Back airflow (Portside to nonport side airflow). Supports 24xI0C!I-,"./IC!I-,". + 24x I C11H. ports. BR -S[ -X- SRA 24X I 0C!I-,",+24X I CIIH, Brocade SLX 954024S I Year 9540-24S- swrrCH DC PR'rSD EXI-I Switch DC with Back to Warranty LSC: -It Front airflow (Nonport Side to port side airflow). Supports 24xI0C!I-,"./IC!I-,". + 24x I C11H. ports. BR -S[ -X- SRA PORTS ON DEMAND Ports on Demand for Software 9540-2C- F0 R 2 X 10 0 C11HY4 0 CIIH, 2xI00C!I-,"./40C!I-,"-, Uplinks Warranty POD -P BR -S[ -X- SRA 48XI0C!I-,".+6XI00C!I-,"-, Brocade SLX 954048S I Year 9540-48S- swrrCH AC PR'rSD Switch AC with Front to Warranty AC -F IN'rK Back airflow (Portside to nonport side airflow). Supports 48xI0C!I-,"./IC!I-,". + 6xI00C!I-,"./40C!I-,".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA 4 8X I OCIF,",+6X I 00CIF,", Brocade SLX 954048S I Year 9540-48S- swrrCH AC PR'rSD EXI-I Switch AC with Back to Warranty AC -R Front airflow (Nonport Side to port side airflow). Supports 48xI0C!I-,"./IC!I-,". + 6xI00C!I-,"./40C!I-,".. (14-1) redundant power supplies Attachment D Page 298 of 471 Page 454 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 299 of 471 Page 455 of 943 and (44-1) redundant fans included. BR -S[ -X- SRA 4 8X I 0GI-,",+6X I 00CIF,", Brocade SLX 954048S I Year 9540-48S- swrrCH DC PR'rSD Switch DC with Front to Warranty DC -F II 'rK Back airflow (Portside to nonport side airflow). Supports 48xI0GI-,"./IGI-,". + 6xI00GI-,"./40GI-,".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA 4 8X I 0GI-,",+6X I 00CIF,", Brocade SLX 954048S I Year 9540-48S- swrrCH DC PR'rSD EXIT Switch DC with Back to Warranty LSC: -It Front airflow (Nonport Side to port side airflow). Supports 48xI0GI-,"./IGI-,". + 6xI00GI-,"./40GI-,".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA ADVANCED FEATURE Advanced Feature License Software 9540 -ADV- IICI-,".NSE Warranty LIC -P BR- SRA SLX 9850 IOOGX12 SLX 9850 IOOGX12 I Year SLX9850- IN'rERFACE MODULE IN'rERFACE MOD (JI -E Warranty IOOGX12CQ W/MPLS W/MPLS -M BR- SRA SLX9850 IOOGX36 Brocade SLX 9850 36port I Year SLX9850- IN'rERFACE MODULE I 00GbE60port 40GbE or Warranty IOOGX36CQ 240port I 0GbE flexspeed -D (D) interface module with lPv4/lPv6 hardware support. Requires QSFP28QSFP+ optics 40GbE to I 0GbE break out(I 0GbE) connectivity. Supports 750K MAC256K IPv4 64K IPv6 routes BR- SRA SLX9850 IOOGX36 BR SLX 9850 36port I Year SLX9850- IN'rERFACE MODULE I 00GbE60port 40GbEor Warranty IOOGX36CQ W/ MPLS 240port I 0GbE flexspeed -M (M) interface module with lPv4/lPv6/MPI-S hardware Attachment D Page 299 of 471 Page 455 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 300 of 471 Page 456 of 943 support. Requires QSFP28QSFP+ optics 40CIbE to I 0GbE break out(I 0GbE) connectivity. Supports 750K MAC256K IPv4 64K IPv6 routes BR- SRA 6XIOOG POD SW 6xI00G POD SW license Software SLX9850- LIC E"NSE FOR ING POD to be used with Warranty I OOGX6CQ- BLADE S[-X985010OGx12CQM M-IJPG I OOG blade only BR- SRA SLX9850 IOGX72 Brocade SIX 9850 72port I Year SLX9850- IN'rERFACE MODULE I OC!bl-,-./ I GbE (D) Warranty IOGX72S-D interface module with IPv4/IPv6 hardware support. Requires SI P+ optics for l0GbE connectivity and SI P optics for IGbE connectivity. Supports 750K MAC 256K IPv4 routes and 64K IPv6 routes BR- SRA SLX9850 IOGX72 Brocade SIX 9850 72port I Year SLX9850- IN'rERFACE MODULE I 0GbE/IGbE (M) Warranty IOGX72S-M W/ MPI -S interface module with lPv4/lPv6/MPI-S hardware support. Requires SFP+ optics for l0GbE connectivity and SIP optics for IGbE connectivity. Supports 750K MAC 256K IPv4 routes and 64K IPv6 routes BR- SRA SLX98504 AC sysTT"m Brocade SIX 9850 4slot I Year SLX9850-4- BUNDLE chassis with I Warranty BND-AC management module 5 switch fabric modules 2 300OW AC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SIX 98504 DC SYSTEM Brocade SIX 9850 4slot I Year SLX9850-4- BUNDLE chassis with I Warranty BND-DC management module 5 Attachment D Page 300 of 471 Page 456 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 301 of 471 Page 457 of 943 switch fabric modules 2 300OW DC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SI -X98504 SWITCH Brocade SLX 9850 switch I Year SI -X9850-4- FABRIC MODULE fabric module for 4slot Warranty SF M chassis BR- SRA SLX 98508 AC SYSTEM Brocade SLX 9850 Not I Year SI -X9850-8- BUNDLE chassis with I Warranty BND-AC management module 5 switch fabric modules 4 300OW AC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SLX 98508 DC SYSTEM Brocade SLX 9850 Not I Year SI -X9850-8- BUNDLE chassis with I Warranty BND-DC management module 5 switch fabric modules 4 300OW DC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SI -X98508 SWITCH Brocade SLX 9850 switch I Year SI -X9850-8- FABRIC MODULE fabric module for Not Warranty SF M chassis BR- SRA SI -X9850 Brocade SLX 9850 1 Year SI -X9850- MANAGE".mI-,".N'r management module for Warranty NIM MODULE 4slot and Not systems includes 32GB RAM 2 internal Solid State Drives 4Core Intel CPIJ 2 (TSB 3.0 ports 2 RJ45 console ports and 10GbE Services port BR- SRA S/WVCS S/W LICE"NSE VCS S/W LICE"NSE FOR Software VDX6710- FOR VDX671054 VDX671054 Warranty 54VCS-01 BR- SRA S/WFCOE S/W LICE"NSE Software License to Software 06/29/ VDX6720- VDX672024/16PP enable FCoE on Warranty 2024 24F COO -01 VDX672016 or VDX672024 BR- SRA S/W8POR'r POD 8PORT Ports on Demand Software 06/29/ VDX6720- LICENSE FOR License for VDX672016 Warranty 2024 24POD-01 VDX672016PP Attachment D Page 301 of 471 Page 457 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 302 of 471 Page 458 of 943 to make a1124 ports enabled BR- SRA S/WVCS S/W LICIH.NSE Software License to Software 06/29/ VDX6720- FOR VDX672024/16PP enable VCS on Warranty 2024 24VCS-01 VDX672024 or VDX672016 BR- SRA S/WFCOE [.ICI -,".NSE FOR Software License to Software 06/29/ VDX6720- VDX672060/40PP enable FCoE on Warranty 2024 60F COO -01 VDX672040 VDX672060 BR- SRA S/W10POR'r POD IOPORT Ports on Software 06/29/ VDX6720- I -ICI -,".NSE FOR Demand License for Warranty 2024 60POD-01 VDX6720/40PP VDX672040 to enable 10 more ports BR- SRA S/WVCS [.ICI -,".NSE FOR Software License to Software 06/29/ VDX6720- VDX672060/40 enable VCS on Warranty 2024 60VCS-01 VDX672060 or VDX672040 BR- SRA 8PORT POD LICIH.NSE 8PORT POD LICIH.NSE Software VDX6730- FOR VDX673016 FOR VDX673016 Warranty 24POD-01 BR- SRA S/WVCS S/W LICIH.NSE VCS S/W LICIH.NSE FOR Software VDX6730- FOR VDX673024/16PP VDX673024 VDX673016 Warranty 24VCS-01 BR- SRA IOPORT POD LICIH.NSE IOPORT POD LICIH.NSE Software VDX6730- FOR VDX673040 FOR VDX673040 Warranty 60POD-01 BR- SRA S/WVCS S/W LICIH.NSE VCS S/W LICIH.NSE FOR Software VDX6730- FOR VDX673040/60PP VDX673060 VDX673040 Warranty 60VCS-01 BR- SRA VDX674024PSFP+DCPOR VDX 6740 24P SI P+ I Year VDX6740- 'r SIDE EXI-IA(Js,r Al POR'rs ONLY NO Warranty 24 -DC -F op'ricS DC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674024PSFP+DCPOR VDX 6740 24P SI P+ I Year VDX6740- 'r SIDE EXI-IA[Js,r AF POR'rs ONLY NO Warranty 24 -DC -R op'ricS DC PC R'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674024PSFP+ACNO VDX 6740 24P SI P+ I Year VDX6740- N PC R'r SIDE EX AF POR'rs ONLY NO Warranty 24-F op'ricS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674024PSFP+ACPOR VDX 6740 24P SI P+ I Year VDX6740- 'r SIDE EXI-IA(Js,r AF POR'rs ONLY NO Warranty 24-R Attachment D Page 302 of 471 Page 458 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 303 of 471 Page 459 of 943 op'ricS AC PC R'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA SW2PORT 40G POD LIC 2PORT 40G Ports on Software VDX6740- FOR VDX6740/674o,1 Demand(POD) LICIH.NSE Warranty 2X40G-POD FOR VDX6740 AND VDX674o,r BR- SRA VDX674048PSFP+ACNO VDX 674048P SI P+ I Year VDX6740- N PC R'r SIDE EX AF POR'rs ONLY NO Warranty 48-F op'ricS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674048PSFP+ACPOR VDX 6740 48P SI P+ I Year VDX6740- 'r SIDE EXI-IA(Js,r AF POR'rs ONLY NO Warranty 48-R op'ricS AC PC R'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674064PSFP+FCOEA VDX 6740 BUNDLE 64P I Year VDX6740- CNONPOR'r EX AF SFP+ POR'rs ONLY NO Warranty 64 -Al,[ -SW- onics vcs LIC FCOE F LIC AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674064PSFP+FCOEA VDX 6740 BUNDLE 64P I Year VDX6740- CPC R'r SD EX AF SFP+ POR'rs ONLY NO Warranty 64 -Al,[ -SW- onics vcs LIC FCOE R LIC AC PC R'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX674064PSFP+ACNO VDX 674048P SI P+ I Year VDX6740- N PC R'r SIDE EX AF PC R'rS and 4P QSFP+ Warranty 64-F OnlyNO op'ricS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674064PSFP+ACPOR VDX 674048P SI P+ I Year VDX6740- 'r SIDE EXI-IA(Js,r AF PC R'rS and 4P QSFP+ Warranty 64-R ports ONLY NO onics AC POR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA SW8POR'r 10G POD LIC 8POR'r 10G SFP+ Ports Software VDX6740- FOR VDX6740/674o,r on Warranty 8XIOG-POD Dernand(POD)LICIH.NSE FOR VDX6740 and VDX674o,r BR- SRA S/WVCS AND FCOE VCS S/W LICIH.NSE and Software VDX6740- I-ICl-,".NSEVDX6740/674o'r FCOE S/W LICIH.NSE Warranty ALLSW FOR VDX6740 AND VDX674o,r Attachment D Page 303 of 471 Page 459 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA S/WFCOE [.ICI -,".NSE FOR FCOE S/W [.ICI -,".NSE Software VDX6740- VDX6740/VDX674o,r FOR VDX6740 AND Warranty FCOE 674o'r BR- SRA SW16PORT 10G COD SW16PORT 10G Software VDX674o,r- (JPGRD [-ICVDX674o,rlG Capacity on Demand LIC Warranty IG-16XIOG- FOR VDX674o,rlG COD BR- SRA VDX674o'r24P1oc1i3'rDC VDX 6746'r 24P l0G13'r I Year VDX674o,r- NONPOR'rSIDE EX AF PORTS ONLY NO Warranty 24 -DC -F op'ricS DC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r24P1oc1J3'rDCP VDX 6746'r 24P l0G13'r I Year VDX674o,r- R'r SD EX AF PORTS ONLY NO Warranty 24 -DC -R op'ricS DC PORT SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r24P1oc1J3'rAC VDX 6746'r 24P l0G13'r I Year VDX674o,r- NONPR'rSD EX AF PORTS ONLY NO Warranty 24-F op'ricS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r24P1oc1i3'rACP VDX 6746'r 24P l0G13'r I Year VDX674o,r- R'r SD EX AF PORTS ONLY NO Warranty 24-R op'ricS AC PORT SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r48P1oc1i3'rAC VDX 6746'r 48P l0G13'r I Year VDX674o,r- NONPR'rSD EX AF PORTS ONLY NO Warranty 48-F op'ricS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r48P1oc1J3'rACP VDX 6746'r 48P l0G13'r I Year VDX674o,r- R'r SD EX AF PORTS ONLY NO Warranty 48-R op'ricS AC PORT SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX 6746TIG 48P VDX 6746'r 48P I Year VDX674o,r- lG'rNPOR'rSIDE EXI-I Al IGBASE'r PC R'rS2 Warranty 56 -IG -DC -F 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS DC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX 6746TIG 48P VDX 6746'r 48P I Year VDX674o,r- lG'rPOR'rSIDE EXI-I Al IGBASE'r POR'rS2 Warranty 56 -IG -DC -R 40C113E QSFP+ Attachment D Page 304 of 471 Page 460 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 305 of 471 Page 461 of 943 UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS DC POR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX6746TIG48PIGRAS VDX 6746'r 48P I Year VDX674o,r- E'r POR'rS2 40CII31-,".N IGBASE'r POR'rS2 Warranty 56 -IG -F 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS AC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX6746TIG48PIGRAS VDX 6746'r 48P I Year VDX674o,r- E'r POR'rS2 40C113E IGBASE'r POR'rS2 Warranty 56 -IG -R 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS AC POR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX674o'r64PTociJ3'rFCO VDX 6746'r BUNDLE I Year VDX674o,r- EACNONPR'r EX AF 48P l0G13'r PORTS and Warranty 64 -Al,[ -SW- 4P QSFP+ POR-rs ONLY F NO op,rics vcs uc FCOE LIC AC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX674o'r64PTocii3'rFCO VDX 6746'r BUNDLE I Year VDX674o,r- EACPOR'r EX AF 48P l0G13'r PORTS and Warranty 64 -Al,[ -SW- 4P QSFP+ POR-rs ONLY R NO op,rics vcs uc FCOE LIC AC POR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX674o'r64PTociJ3'rSFP VDX 6746'r 48P l0G13'r I Year VDX674o,r- +ACNON PR'r EX AF PORTS ONLY and 4P Warranty 64-F QSFP+ NO op -TICS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r64PTocii3'rACP VDX 6746'r 48P l0G13'r I Year VDX674o,r- R'r SD EX AF PORTS ONLY and 4P Warranty 64-R QSFP+ NO op -TICS AC POR'r SIDE EXI-IA[Js,r AIRFLOW Attachment D Page 305 of 471 Page 461 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA S/WVCS LICIH.NSE FOR VCS S/W LICE".NSE FOR Software VDX6740- VDX6740/VDX674o,r VDX6740 AND Warranty vCS VDX674o,r BR- SRA SW16PORT IOG POD LIC 16x1OCIbE Ports On Software VDX6940- FOR VDX6940144S Demand(POD) LICE".NSE Warranty 1445-16- FOR VDX694064S AC IOCIPOD and DC models BR- SRA SW6X40C!/2XI00G POD 6x40C!bE or 2x I 00GbE Software VDX6940- LIC FORVDX6940144S Ports On Demand(POD) Warranty 1445- LICE".NSE FOR 6X40G-POD VDX694064S and VDX694096S models BR- SRA VDX6940144SACNON Brocade VDX 6940144S I Year VDX6940- POR'rsIDE EXI-IA(Js,r base system with 96 Warranty 1445 -AC -F l0GbE SI P+ ports and up to 12 40CIbE QSFP+ ports or up to 4 1 00GbE QSFP28 ports AC power supply NON POR'rsIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX6940144SACPORTSI Brocade VDX 6940144S I Year VDX6940- DE EXI-IA(Js,r base system with 96 Warranty 1445 -AC -R l0GbE SI P+ ports and up to 12 40CIbE QSFP+ ports or up to 4 1 00GbE QSFP28 ports AC power supply POR'rsIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694024QACNON Brocade VDX 694036 1 Year VDX6940- POR'rsIDE EXI-IA(Js,r basesystern with 24 Warranty 24Q -AC -F 40CIbE COSI P+ portsAC power supply NON POR'rsIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694024QACPOR,rSI Brocade VDX 6940360 I Year VDX6940- DE EXI-IA(Js,r base system with 24 Warranty 24Q -AC -R 40CIbE COSI P+ ports AC power supply POR'rSIDE EXI-IA(Js,r BR- SRA VDX694024QDCNONPO Brocade VDX 6940360 I Year VDX6940- R'rsIDE EXI-IA(Js,r base system with 24 Warranty 24Q -DC -F 40CIbE COSI P+ ports DC Power supply NON POR'rsIDE EXI-IA(Js,r AIRFLOW Attachment D Page 306 of 471 Page 462 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA VDX694024QDCPOR,rSI Brocade VDX 694036Q I Year VDX6940- DE EXI-IA(Js,r base system with 24 Warranty 24Q -DC -R 40CIbE QSFP+ ports DC Power supply POR'rsIDE EXI-IA(Js,r AIRFLOW BR- SRA SW12PORT 40G POD LIC 12x40C!bE Ports On Software VDX6940- FORVDX694036Q Demand(POD) license for Warranty 3602- the VDX 694024Q AC 12X40G- and DC models POD BR- SRA VDX694036QACNON Brocade VDX 694036Q I Year VDX6940- POR'rSIDE EXI-IA(Js,r base system with 36 Warranty 3602 -AC -F 40CIbE QSFP+ ports AC power supply NON POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694036QACPOR,rSI Brocade VDX 694036Q I Year VDX6940- DE EXI-IA(Js,r base system with 36 Warranty 3602 -AC -R 40CIbE QSFP+ ports AC power supply POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694064SACNON Brocade VDX 69401445 I Year VDX6940- POR'rSIDE EXI-IA(Js,r base system with 64 Warranty 64S -AC -F I 0GbE SFP+ ports AC power supply NON POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694064SACPORTSID Brocade VDX 69401445 I Year VDX6940- E EXI-IA(Js,r base system with 64 Warranty 64S -AC -R I 0GbE SFP+ ports AC power supply POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694064SDCNON Brocade VDX 69401445 I Year VDX6940- POR'rSIDE EXI-IA(Js,r base system with 64 Warranty 64S -DC -F 10GbE SFP+ ports DC power supply NON POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694064SDCPOR,rSID Brocade VDX 69401445 I Year VDX6940- E EXI-IA(Js,r base system with 64 Warranty 64S -DC -R 10GbE SFP+ ports DC power supply POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694096SACNON Brocade VDX 69401445 I Year VDX6940- POR'rSIDE EXI-IA(Js,r base system with 96 Warranty 96S -AC -F I 0GbE SI P+ ports AC Attachment D Page 307 of 471 Page 463 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 308 of 471 Page 464 of 943 power supply NON POR'rsIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694096SACPORTSID Brocade VDX 6940144S I Year VDX6940- E EXI-IA(Js,r base system with 96 Warranty 96S -AC -R I 0GbE SI P+ ports AC power supply POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA S/WFCOE S/W I -ICI -,".NSE FCOE software license for Software VDX6940- VDX6940 VDX6940 Warranty FCOE BR- SRA 12X40GQSFP+ 12 x 40CII-,", QSFP Blades I Year VDX8770- BLADIH.NO orrICS8770 No Optics Warranty 12X40G- QSFP-1 BR- SRA 27X40GBE QSFP 27 x 40CII-,", QSFP Blades I Year VDX8770- BLADES NO orrics No Optics Warranty 27X40G- QSFP BR- SRA 2 X IOOCII-,".CFP2B[.ADES 2XI00GbECFP2 Blades I Year VDX8770- W[PODNO onics with 2 ports activated by Warranty 2XIOOG- default and available for CI P2 2XIOOG POD license upgrade No Optics BR- SRA SW2XIOOG POD LIC FOR 2xI00G POD SW license Software VDX8770- 2X I OOGCF P2 BLADE to be used with Warranty 2XIOOG- VDX87702xlOOGCFP2 POD I OOG blade only BR- SRA 48XIOGSFP+ BLADIH.NO 48 x 11100IF,". SFP+ Blades I Year VDX8770- op,ricS8770 No Optics Warranty 48XIOG- SI PP -I BR- SRA 48XIOGBASET COPPER 48 X l0GBase'r Copper I Year VDX8770- BLADES NO orrics Blades No Optics Warranty 48XIOG-,r BR- SRA 48XIGSFP+ BLADIH.NO 48 x ICA,". SIP Blade No I Year VDX8770- op,ricS8770 Optics Warranty 48XIG-SFP- I BR- SRA 4 si-o'r CHASSIS3SFMI VDX8770 4 1/0 Slot I Year VDX8770-4- MM2FAN2 300OW AC chassis with 3 Switch Warranty BND-AC Fabric Modules I Management Module 2 exhaust Fan and 2 300OW AC Power supply unit. Additional Management Attachment D Page 308 of 471 Page 464 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 309 of 471 Page 465 of 943 modules to be ordered separately. Power cord ordered separately BR- SRA 4 si-o'r CHASSIS3SFMI VDX8770 4 1/0 Slot I Year VDX8770-4- MM2FAN2 300OW DC chassis with 3 Switch Warranty BND-DC Fabric Modules I Management Module 2 exhaust Fan and 2 300OW DC Power supply unit. Additional Management modules to be ordered separately. Power cord ordered separately BR- SRA 6X I 00GBE CF P2 6 X 100GIH. CF P2 Blades I Year VDX8770- BLADES NO orrics No Optics Warranty 6X 100G - CF BR- SRA 8 si-o'r CHASSIS6SFMI VDX8770 8 1/0 Slot I Year VDX8770-8- MM4FAN3 300OW AC chassis with 6 Switch Warranty BND-AC Fabric Modules I Management Module 4 exhaust Fan and 3 300OW AC Power supply unit. Additional Management modules to be ordered separately. Power cord ordered separately BR- SRA 8 si-o'r CHASSIS6SFMI VDX8770 8 1/0 Slot I Year VDX8770-8- MM4FAN3 300OW DC chassis with 6 Switch Warranty BND-DC Fabric Modules I Management Module 4 exhaust Fan and 3 300OW DC Power supply unit. Additional Management modules to be ordered separately. Power cord ordered separately BR- SRA ADV SERVICE LICIH.NSE ADVANCED SERVICE Software VDX8770- FOR FCOEVCSLAYER 3 LICIH.NSE 'ro 1H.NABLE Warranty LIC -ADV FCOE VCS AND LAYER 3 ON 'rum, VDX8770 BR- SRA FCOE S/W LICIH.NSE FCOE License for Software VDX8770- VDX8870 VDX8770 Warranty LIC-FCOE Attachment D Page 309 of 471 Page 465 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA LAYER3 S/W I -ICI -,".NSE LAYER3 license for the Software VDX8770- FOR VDX8770 VDX8770 Warranty LIC- LAYER3 BR- SRA (JPG LICF,".NSE'ro UPGRADE [.ICI-,".NSE'ro Software VDX8770- ENABLE ADV SERVICE ENABLE ADVANCED Warranty I,IC-IJPG SERVICE ON VDX8770 BR- SRA VCS S/W I -ICI -,".NSE FOR VCS License for Software VDX8770- VDX8770 VDX8770 Warranty LIC -VCS BR- SRA 8770 MANAG1-,".M1-,".N'r Management Module for I Year VDX8770- MODULE VDX 87704 and Warranty MM -1 VDX87708 BR- SRA 8770 SWITCH FABRIC Switch Fabric Module for I Year VDX8770- MODULE VDX 87704 and Warranty SIM -1 VDX87708 C5G124-24 Fixed 1-3 C5 STACK C5 STACK Limited 06/30/ 24X10/100/1000+4XSFP 24X10/100/1000+4XSFP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 C5G124-24- Fixed 1-3 C5 STACK C5 STACK Limited 06/30/ G 24X10/100/1000+4XSFP 24X10/100/1000+4XSFP Lifetime 2022 'rAA 'rAA Warranty with express Advanced Hardware Replacern ent-2 C5G124- Fixed 1-3 C5 STACK C5 STACK Limited 06/30/ 24P2 24X10/100/1000A'rPOE+4 24X10/100/1000A'rPOE+ Lifetime 2022 XSFP 4XSFP Warranty with express Advanced Hardware Replacern ent-2 C5G124- Fixed 1-3 C5 STACK C5 STACK Limited 06/30/ 24P2 -G 24XI0/100/1000A,rPOE 24XI0/100/1000A,1'POE Lifetime 2022 'rAA 'rAA Warranty Attachment D Page 310 of 471 Page 466 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 311 of 471 Page 467 of 943 with express Advanced Hardware Replacern ent-2 C5GI24-48 Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48XIO/100/10004-4XSFP 48XIO/100/10004-4XSFP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 C5GI24-48- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ G 48XIO/100/10004-4XSFP 48XIO/100/10004-4XSFP Lifetime 2022 ,FAA FAA Warranty with express Advanced Hardware Replacern ent-2 C5GI24- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48P2 48XIO/100/1000A'rPOE+4 48XIO/100/1000A'rPOE+ Lifetime 2022 XSFP 4XSFP Warranty with express Advanced Hardware Replacern ent-2 C5GI24- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48P2 -CSI 48XIO/100/1000A'rPOE+4 48XIO/100/1000A'rPOE+ Lifetime 2022 SI P,rAA 4SFP,rAA Warranty with express Advanced Hardware Replacern ent-2 C5KI25-24 Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 24XIO/100/10004-2XSFPP 24XIO/100/10004-2XSFP Lifetime 2022 P Warranty with Attachment D Page 311 of 471 Page 467 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 312 of 471 Page 468 of 943 express Advanced Hardware Replacern ent-2 C5KI25-24- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ G 24XIO/100/10004-2XSFPP 24XIO/100/10004-2XSFP Lifetime 2022 ,FAA P rFAA Warranty with express Advanced Hardware Replacern ent-2 C5KI25- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 24P2 24XIO/100/1000A'rPOE+2 24XIO/100/1000A'rPOE+ Lifetime 2022 SI PP 2SFPP Warranty with express Advanced Hardware Replacern ent-2 C5KI25- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 24P2 -G 24XIO/100/1000A,rPOE 24XIO/100/1000A,rPOE Lifetime 2022 ,FAA FAA Warranty with express Advanced Hardware Replacern ent-2 C5KI25-48 Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48XIO/100/10004-2XSFPP 48XIO/100/10004-2XSFP Lifetime 2022 P Warranty with express Advanced Hardware Replacern ent-2 C5KI25-48- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ G 48XIO/100/10004-4XSFP 48XIO/100/10004-4XSFP Lifetime 2022 ,FAA FAA Warranty with express Attachment D Page 312 of 471 Page 468 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 313 of 471 Page 469 of 943 Advanced Hardware Replacern ent-2 C5KI25- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48P2 48XIO/100/1000A'rPOE+2 48XIO/100/1000A'rPOE+ Lifetime 2022 XSFPP 2XSFPP Warranty with express Advanced Hardware Replacern ent-2 C5KI25- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48P2 -G 48XIO/100/1000A,rPOE 48XIO/100/1000A,rPOE Lifetime 2022 ,FAA FAA Warranty with express Advanced Hardware Replacern ent-2 C5KI75-24 Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 24XSFP4-2XSFPP 24XSFP4-2XSFPP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 C5KI75-24- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ G 24XSFP4-2XSFPP rFAA 24XSFP4-2XSFPP rFAA Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 C5K-24P2- Fixed 1-3 QTY 8 C5KI2524P2 Limited 06/30/ BUN BUNDLE Lifetime 2020 Warranty with express Advanced Attachment D Page 313 of 471 Page 469 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 314 of 471 Page 470 of 943 Hardware Replacern ent C5K-48P2- Fixed 1-3 QTY 8 C5K12548P2 Limited 06/30/ BUN SALES BUNDLE Lifetime 2020 Warranty with express Advanced Hardware Replacern ent 051 -3 -I -IC Fixed 1-3 C5 ADVANCED C5 ADVANCED Software IPV4/IPV6 ROurING IPV4/IPV6 ROurING Warranty I.ICI- Ion SFS, I -ICI -,". Ion SFS, CC SRA CONSOLE CABLE Console Port Serial Cable No (DB9F to DB9F) Warranty Straightthrough CI P2-,ro- SRA 100GI-,-. CI P2 To QSFP28 100 GbE CI P2 to I Year 10/31/ QSFP28- CONVERSION MODULE QSFP28 conversion Warranty 2024 MOD module CNTR-DIV- SRA ci-,".NTER si-o'r CENTER si-o'r I Year MI -XE -16 DIVIDERSMLXE,16 DIVIDERS FOR'rum, Warranty CHASSIS MLXE,16 CHASSIS CNTR-DIV- SRA ci-,".NTER si-o'r CENTER si-o'r I Year MI -XE -32 DIVIDERSMLXE,32 DIVIDERS FSO MI=TT: Warranty CHASSIS MLXE,32 CHASSIS CNTR-DIV- SRA ci-,".NTER si-o'r CENTER si-o'r I Year MLXE-4-8 DIVIDERSMI-XE4 DIVIDERS FSO MI=TT: Warranty MI-XE8 M[-XE,4 AND M[-XE,8 CHASSIS Cs- Subscriptio CLOUD WI -AN mGmT CLOUD WLAN mGmT No WLANJP9 n JAPAN REG DOMAIN JAPAN REG DOMAIN Warranty Cs- Subscriptio CLOUD WI -AN mGmT CLOUD WLAN mGmT Software WLANNAM n FCC REG DOMAIN FCC REG DOMAIN Warranty 9 D2G124-12 Fixed 1-2 12 X 10/100/1000 FIXED 12 X 10/100/1000 FIXED Limited 03/31/ CONFIG 1-2 swrrCH CONFIG 1-2 swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 Attachment D Page 314 of 471 Page 470 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. D2GI24-12- Fixed 1-2 12 X 10/100/1000 1-2 12 X 10/100/1000 1-2 Limited 03/31/ G swIrl CII rFAA Irl CEI rFAA Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 D2GI24-12P Fixed 1-2 12 X 10/100/1000 FIXED 12 X 10/100/1000 FIXED Limited 03/31/ POE 1-2 swrrCH POE 1-2 swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 D2G124- Fixed 1-2 12 X 10/100/1000 POE 1-2 12 X 10/100/1000 POE Limited 03/31/ 12P -C1 swrrCH rFAA 1-2 swrrCH rFAA Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 D2- Fixed 1-2 D2 WALLMOUNTED No 12/31/ LOCKBOX LOCKBOX Warranty 2022 D2PO[--I-IC Fixed 1-2 POLICY I -ICI -,".NSE FOR POLICY I -ICI -,".NSE FOR Limited 04/01/ D2 swrrCHES D2 swrrcums Lifetime 2024 Warranty with express Advanced Hardware Replacern ent-2 D2-PWR- Fixed 1-2 EXTERNAL POE POWER EXTERNAL POE Limited 03/31/ POE BRICK FOR D2 POWER BRICK FOR D2 Lifetime 2022 swrrcum,s swrrcums Warranty with express Advanced Hardware Attachment D Page 315 of 471 Page 471 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 316 of 471 Page 472 of 943 Replacem ent-2 D2-RM'r Fixed 1-2 D2 RACK MOUNT KIT No 12/31/ Warranty 2022 D2-,rB[-- Fixed 1-2 D2 UNDERTABLE No 12/31/ MN'r MO[JN'r KI'r Warranty 2022 1 D2-WAI,[-- Fixed 1-2 WALL MOUNT FOR D2 No 12/31/ MN'r Warranty 2022 Dl -,".MS -Al- Intrusion EMS APPLIANCE FOR 25 EMS APPLIANCE FOR I Year 09/30/ 25 Defense NODES 25 NODES Warranty 2020 Dl -,".MS -Al- Intrusion DEMSA125 HW ONLY DF -;l SA125 HW ONLY I Year 09/30/ 25R Defense FOR UPGRADES FOR UPGRADES Warranty 2020 Dl -,".MS -Al -IJ Intrusion EMS APPLIANCE WITH EMS APPLIANCE WITH I Year 09/30/ Defense NO NODE mcmr NO NODE mcmr Warranty 2020 RES,rRlc,r RE, s,rRlc,r DIPS -I E-'rx Intrusion DRAGON IPS ADDON I Year 09/30/ Defense 'rO DIPAFECOPPER FO Warranty 2020 DNIC- Intrusion 2PORT 10GIG FIBER NIC 2PORT 10GIG FIBER I Year 09/30/ 2XIOG-SR Defense NIC Warranty 2020 1 DNIC- Intrusion 4PORTTRIPLE SPD 4PORTTRIPLE SPD I Year 09/30/ 4POR'r-SX Defense FIBER NIC FIBER NIC Warranty 2020 DNIC- Intrusion 4PORT TRIPLE SPD CIJ 4PORT TRIPLE SPD CIJ I Year 09/30/ 4POR'r-'rX Defense NIC NIC Warranty 2020 DNICFO- Intrusion 4PORT FAILOPIH.N CIJ 4PORT FAILOPIH.N CIJ I Year 09/30/ 4POR'r-'rX Defense NIC NIC Warranty 2020 DNIC- Intrusion 2XIOG HIGH PRF NIC 2X I OG HIGH PRF NIC I Year 09/30/ HS2XIOG-S Defense FOR IDS/IPS MG FOR IDS/IPS MG Warranty 2020 1 DNIC- Intrusion 141CII-I PERF 4p'r NIC FOR HIGH PERF 4p'r NIC I Year 09/30/ I-IS4POR'r- Defense IDS/IPS MG FOR IDS/IPS MG Warranty 2020 SX DNIDS-V- Intrusion NETWORK IDS Software 09/30/ 100 Defense SOF'rWARE 1001 3PS Warranty 2020 umn DNIDS-V- Intrusion NETWORK IDS Software 09/30/ 250 Defense SOF'rWARE 250 M13PS Warranty 2020 umn DNIDS-V- Intrusion NETWORK IDS Software 09/30/ 500 Defense SOF'rWARE 500 M13PS Warranty 2020 umn DNIPS-Al- Intrusion DNIPSAIGHWONLY DNIPSAIG HW ONLY I Year 09/30/ G R Defense FOR UPGRADES FOR UPGRADES Warranty 2020 DNIPS-Al- Intrusion INLINE IPS/IDS APPL 6 INLINE IPS/IDS APPL 6 1 Year 09/30/ MG Defense C113PS (NIC REQ) C113PS (NIC REQ) Warranty 2020 1 DSEMS7- Intrusion DRAGON T".NTERPRISE I Year 09/30/ ME Defense MANAGl-,".mI-,".N'r Warranty 2020 SOF'rWARE Attachment D Page 316 of 471 Page 472 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. DSEMS7-SE Intrusion DRAGON EN'rERPRISE I Year 09/30/ Defense MANAG1-,"M-,".N'r Warranty 2020 SOF'rWARE EB1639193 FAN IDE IGNITION SERVER IDE IGNITION SERVER Software 12/31/ LARGE LARCH-,", Warranty 2021 EB 1639194 FAN IDE IGNITION SERVER IDE IC1NIrriON SERVER Software 12/31/ SMALL SMALL Warranty 2021 EB1639195 FAN IDE GUEST and io'r IDE GUEST and io'r Software 12/31/ MANAG1-,R MANAGE, It Warranty 2021 EB1639197 FAN IDETACACS+ IDETACACS+ Software 12/31/ Warranty 2021 EB1639245 FAN IDE icim'rION SERVER IDE iciNrrm SERVER Software 12/31/ u'rE u'rE Warranty 2021 EC 1100010- FAN ONA 1101 C'Irr ONA 1101 C'Irr i+i i000 I Year E6 BASET POR,r.op,rN[- Warranty AC ADAP'rER SOLD SEPARA'rEI-Y. EC4005A03- FAN VSP 4450 TAC PSIJ NO VSP 4450 Limited E6H'r POWERCORD HIGurri-,".mPAC POWER Lifetime SUPPLY (JNI'r NO Warranty POWERCORD with express Advanced Hardware Replacem ent EC4400004- FAN 4450GSXDC Virtual Services Platform Limited 11/30/ E6 4450GSXPWR+ with 36 Lifetime 2024 port 100/1000 Mbps SIP Warranty 12 port 10/100/1000 plus with 2 MOG SI P+ ports. Inc. express Base Software License I Advanced Field replaceable 30OW Hardware PSU. Replacem ent EC440OA03- FAN 4450G'rxP'rPWR+ NO Virtual Services Platform Limited E6 POWERCORD 4450G'rxurrPWR+ High Lifetime temperature with 48 port Warranty 10/100/1000 802.3at with PoE+ plus 2 MOG SI P+ express ports. Inc. Base Software Advanced License I Field Hardware replaceable 1000W PS(J. Replacem No Power Cord) ent Attachment D Page 317 of 471 Page 473 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC440OA05- FAN VSP4450GSXPWR+ NO Virtual Services Platform Limited E6 PC 4450GSXPWR+ with 36 Lifetime port 100/1000 Mbps SFP Warranty 12 port 10/100/1000 with 802.3at PoE+ plus 2 express MOG SFP+ ports. Inc. Advanced Base Software License I Hardware Field replaceable 1000W Replacem PSU. 0 PC) ent EC4400A05- FAN VSP4450GSXPWR NO PC Virtual Services Platform Limited E6GS 4450GSXPWR+ with 36 Lifetime port 100/1000 Mbps SIP Warranty 12 port 10/100/1000 with 802.3at PoE+ plus 2 express MOG SFP+ ports. Inc. Advanced Base Software License I Hardware Field replaceable 1000W Replacem PS(J. No Power Cord) ent EC4800078- FAN VSP4850G'rS DC VSP4850G'rS DC Limited 11/30/ E6 Lifetime 2024 Warranty with express Advanced Hardware Replacem ent EC4800078- FAN VSP4850G'rS DC VSP4850G'rS LSC 'rAA Limited 11/30/ E6GS Lifetime 2024 Warranty with express Advanced Hardware Replacem ent EC4800A78- FAN VSP4850G'rS NO PC VSP4850G'rS NO PC Limited 11/30/ E6 Lifetime 2024 Warranty with express Advanced Hardware Replacem ent Attachment D Page 318 of 471 Page 474 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC4800A88- EAN VSP4850G,rsPWR+ NO VSP4850G,rsPWR+ NO Limited 11/30/ E6 PC PC Lifetime 2024 Warranty with express Advanced Hardware Replacern ent EC4800A88- EAN VSP485OGTsPWR+ NO VSP485OGTsPWR+ NO Limited 11/30/ E6GS PC Pc'rAA Lifetime 2024 Warranty with express Advanced Hardware Replacern ent EC72000IF- EAN VSP 7254XSQ F2B DC Virtual Services Limited E6 PSU 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I DC PS express Advanced Hardware Replacern ent EC72000IF- EAN VSP 7254XSQ F2B DC Virtual Services Limited E6GS PSIJ GSA 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I DC PS express Advanced Hardware Replacern ent EC720002F- EAN VSP 7254X-rQ F2B DC Virtual Services Limited E6 PSU 7254X,1Q with 48 x Lifetime 100M/IG/10G RJ45 and 6 Warranty x 40G QSFP+ ports F2B with airflow I DC PS express Advanced Hardware Replacern ent Attachment D Page 319 of 471 Page 475 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC720002F- EAN VSP 7254X -1Q F2B DC Virtual Services Limited E6GS PSIJ GSA 7254X,1Q with 48 x Lifetime 100M/IG/10G RJ45 and 6 Warranty x 40G QSFP+ ports F2B with airflow I DC PS express Advanced Hardware Replacem ent EC720OAlB EAN VSP 7254XSQ B2F AC Virtual Services Limited -E6 PSIJ NO PC 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OAlB EAN VSP 7254XSQ B2F AC Virtual Services Limited -E6GS PSIJ NO PC GSA 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC7200AIF- EAN VSP 7254XSQ F2B AC Virtual Services Limited E6 PSIJ NO PC 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC7200AIF- EAN VSP 7254XSQ F2B AC Virtual Services Limited E6GS PSIJ NO PC GSA 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent Attachment D Page 320 of 471 Page 476 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC720OA2B EAN VSP 7254X -1Q B2F AC Virtual Services Limited -E6 PSIJ NO PC 7254X,1Q with 48 x Lifetime 100M/IG/10G RJ45 and Warranty 6 x 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OA2B EAN VSP 7254X -1Q B2F AC Virtual Services Limited -E6GS PSIJ NO PC GSA 7254X,1,Q with 48 x Lifetime 100M/IG/10G RJ45 and Warranty 6 x 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OA2F- EAN VSP 7254X -1Q F2B AC Virtual Services Limited E6 PSIJ NO PC 7254X,1Q with 48 x Lifetime 100M/IG/10G RJ45 and Warranty 6 x 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OA2F- EAN VSP 7254X -1Q F2B AC Virtual Services Limited E6GS PSIJ NO PC GSA 7254X,1Q with 48 x Lifetime 100M/IG/10G RJ45 and Warranty 6 x 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OA3B EAN 7254XSQ AC B2F 24 Virtual Services Limited -E6 IOG4 40G PR'r 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) (port licensed Advanced version) Hardware Replacem ent Attachment D Page 321 of 471 Page 477 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC720OA3F- FAN 7254XSQ AC F2B 24 Virtual Services Limited E6 IOG4 40G PR' r 7254XSQ with 48 x Lifetime ICl/IOG SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) (port licensed Advanced version) Hardware Replacem ent EC720OA4B FAN 7254X -1Q AC B2F 24 Virtual Services Limited -E6 IOG4 40G PR' r 7254X,1Q with 48 x Lifetime IOOM/ICl/IOG RJ45 and Warranty 6 x 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) (port licensed Advanced version) Hardware Replacem ent EC720OA4F- FAN 7254X-rQ AC F2B 24 Virtual Services Limited E6 IOG4 40G PR'r 7254X,1Q with 48 x Lifetime IOOM/ICl/IOG RJ45 and Warranty 6 x 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) (port licensed Advanced version) Hardware Replacem ent EC7200BTF- FAN VSP 7200 SPARE FAN VSP 7200 Limited E6 MODULE B2F BACK2FRON'r SPARE, Lifetime FAN'rRAY Warranty with express Advanced Hardware Replacem ent EC7200F'rB- FAN VSP 7200 SPARE AN VSP 7200 Limited E6 MODULE F2B FRON'r2BACK SPARE, Lifetime FAN'rRAY Warranty with express Advanced Hardware Replacem ent Attachment D Page 322 of 471 Page 478 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC7205AOB )ELAN VSP 7200 80OW AC PSIJ VSP 7200 80OW AC Limited -E6 B2F (NO PC) POWER SUPPLY BACK Lifetime -rO FRON-r (No POWER Warranty CORD) with express Advanced Hardware Replacern ent EC7205AOF- )ELAN VSP 7200 80OW AC PSIJ VSP 7200 80OW AC Limited E6 F2B (NO PC) POWER SUPPLY Lifetime FRON-r -rO BACK (NO Warranty POWER CORD) with express Advanced Hardware Replacern ent EC7205AIB )ELAN VSP 7200 460W AC PSIJ VSP 7200 460W AC Limited -E6 B2F (NO PC) POWER SUPPLY BACK Lifetime -rO FRON-r (No POWER Warranty CORD) with express Advanced Hardware Replacern ent EC7205AIF- )ELAN VSP 7200 460W AC PSIJ VSP 7200 460W AC Limited E6 F2B (NO PC) POWER SUPPLY Lifetime FRON-r -rO BACK (NO Warranty POWER CORD) with express Advanced Hardware Replacern ent EC7205EOF- )ELAN VSP 7200 80OW AC PSIJ VSP 7200 80OW AC Limited E6 F2B NO PC ERA'rE POWER SUPPLY Lifetime FRON'r'rO BACK NO Warranty P CORD ERA'rE with ONLY express Advanced Hardware Replacern ent Attachment D Page 323 of 471 Page 479 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC8005001- FAN VSP 7200 8000 80OW DC VSP 7200 8000 80OW DC I Year E6 PSIJ F'rB COOL POWER SUPPLY F'rB Warranty COOLING EC8005A01- FAN VSP 8000 100240V AC VSP 8000 100240V I Year E6 PSIJ (No PC) 80OW AC Power Supply Warranty No power cord) EC8011002- FAN VSP 8K Chas Rck Mnt it VSP 8000 Chassis I Year E6 300900mm Universal Slide Rack Warranty Mount Kit (300mm 900mm) EC8011003- FAN VSP 8000 Chassis PS Filler VSP 8000 Chassis Power I Year E6 Panel Supply Filler Panel Warranty EC8011004- FAN VSP 8200 CHASSIS VSP 8200 CHASSIS I Year E6 SPARE, FAN 'rRAY SPARE FAN 'rRAY Warranty EC8011005- FAN VSP 8400 CHASSIS VSP 8400 CHASSIS I Year E6 SPARE, FAN MODULE SPARE FAN MODULE Warranty (QuAyrrry i) EC820OA01- FAN VSP 8284XSQ AC PS No Virtual Services Platform Limited E6 PC 8284XSQ with 80 IOG Lifetime SI P+ and 4 40G QSFP+ Warranty ports 1 800 W AC PS (no with PC). Must order I Slide express Rack Mount kit Advanced separately. Note Includes Hardware Base License Fan 'trays. Replacern Pluggable transceivers ent sold separately. EC820OA01- FAN VSP 8284XSQ AC PS No Virtual Services Platform Limited E6GS PC GSA 8284XSQ with 80 IOG Lifetime SI P+ and 4 40G QSFP+ Warranty ports 1 800 W AC PS (no with PC). Must order I Slide express Rack Mount kit Advanced separately. GSA Version. Hardware Note Includes Base Replacern License Fan drays. ent Pluggable transceivers sold separately. EC8400002- FAN 8404C CHASSIS 4 SI-o'rs VSP 8400C 100G chassis I Year E6 I DC PS with 4 10 module slots I Warranty 800 W DC power supply included EC840OA02- FAN 8404C CHASSIS 4 SI-o'rs VSP 8400C 100G chassis I Year E6 I AC PS NO PC with 4 10 Module slots I Warranty 800 W AC power supply included No over cord) Attachment D Page 324 of 471 Page 480 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC8400A02- FAN 84040 CHASS 4 si.o,r i VSP 84000 100G chassis I Year E6GS AC PS NO PC GSA with 4 10 Module slots I Warranty 800 W AC power supply included No power cord) EC8400E02- FAN 84040 CHAS 4 si.o,rs I 84040 CHASSIS 4 1 Year E6 AC PS NO PC ERA'rE SI-o'rs I AC PS PWR Warranty CORD ERA'rE ONLY 4 FANS NO PWR CORD ERA'rE ONLY EC8404001- FAN 8424XS ESM 24 PORT VSP 8400 24 port I/1001 I Year E6 I/1001 SI P+ SI P+ 10 Module Warranty EC8404001- FAN 8424XS 24 PORT I/1001 8424XS ESM 24 PORT I Year E6GS SI P+ GSA I/1001 SFP+ GSA Warranty VERSION EC8404002- FAN 8424X,1 ESM VSP 8400 24 port I/10G I Year E6 24x I 00M/1 G/1 OG BASET Copper 10 Module Warranty EC8404002- FAN 8424X,1 24x100M/1G/10G 8424X,1 ESM 24 PORT I Year E6GS BASET GSA 1001 /1G/10GBASE'r Warranty GSA VERSION EC8404003- FAN 8408QQ ESM 8 PORT 40G VSP 8400 8 port 400.1 I Year E6 QSFP+ QSFP+ 10 Module Warranty EC8404003- FAN 8408QQ 8 PORT 40G 8408QQ ESM 8 PORT I Year E6GS QSFP+ GSA 40G QSFP+ GSA Warranty VERSION EC8404005- FAN 8418XSQESM 16x1/10G VSP 8400 16 port I/10G I Year E6 SI P+2x40G QSFP+ SI P+ and 2 port 400.1 Warranty QSFP+ combination 10 Module EC8404005- FAN 8418XSQ 16x1/1001 8418XSQ ESM 16 PORT I Year E6GS SI P+2x40G QSFP+GSA I/1001 SFP+2 PORT 40G Warranty QSFP+ COMBO GSA VERSION EC8404006- FAN 8418x-rQ 16 PT I/10G VSP 8400 16 port I/10G I Year E6 CIJ2 P -r 40G QSFP+ Copper and 2 port 40G Warranty QSFP+ combination 10 Module EC8404006- FAN 8418x -1Q 16 I/1001 CI12 8418x -1Q ESM 16 PORT I Year E6GS 40G QSFP+ GSA I/10G BASE -r () 2 POR'- Warranty 40G QSFP+ GSA EC8404007- FAN 8424GS 24 PORT VSP 8400 24 port I Year E6 100M/IG SIP 100/1000 Mbps SIP 10 Warranty Module EC8404007- FAN 8424GS 24 PORT 8424GS ESM 24 PORT I Year E6GS 100M/IG SIP GSA 100M/IG SIP GSA Warranty Attachment D Page 325 of 471 Page 481 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC8404008- FAN 8424G,r 24 PC R'r VSP 8400 24 port I Year E6 1OM/1OOM/1G CIT 10/100/1000 Mbps Warranty Ccs er 10 Module EC8404008- FAN 8424G,r 24 PORT 8424G,r ESM 24 PORT I Year E6GS lOM/1OOM/1G CIJ GSA IOM/ZOOM/1G BASET Warranty GSA EC8404009- FAN 8402CQ ESM 2 PORT VSP 8400 2 port 1000I0 1 Year E6 ING QSFP28 Module Warranty EC8404009- FAN 8402CQ ESM 2 PORT 8402CQ ESM 2 PORT I Year E6GS ING QSFP28 GSA ING QSFP28 GSA. Warranty 'rRANSCEIVERS NO'r INCL EC8411002- FAN VSP 8404 ESM FILLER VSP 8400 E'rPTRNET I Year E6 PANEL swrrCH MODULE Warranty FILLER PANEL EC8602001- FAN VSP8608 Chassis includes VSP8608 Chassis I Year E6 5 Fan 'rrays includes 5 Fan 'rrays Warranty EC8602002- FAN VSP8608 Bundle. Inc] VSP8608 Bundle. Inc] I Year E6 3xSF 4xACPSI1 3xSF 4xACPSI1 Warranty EC8602003- FAN VSP8608 Bundle. Inc] VSP8608 Bundle. Inc] I Year E6 3xSF 4xDCPSI1 3xSF 4xDCPSI1 Warranty EC8604001- FAN VSP8608 Switch Fabric VSP8608 Switch Fabric I Year E6 Module Module required for Warranty Fabric Slots 57 EC8604002- FAN 8624XS IOC 24x1G/1OG 8624XS 24 port lG/1OG I Year E6 SI P+ SI P+ IOC Module Warranty EC8604003- FAN 8624X,r 166 8624X,r 24 port I Year E6 24x I OOM/1 G/1 OG BASE'r 1OOM/1G/1OGBASE'r Warranty IOC Module EC8604004- FAN 8616QQ IOC 16x4OG 8616QQ 16 port 40G I Year E6 QSFP+ QSFP+ IOC Module Warranty EC8604005- FAN 8606CQ IOC 6x1OOG 8606CQ 6 port I OOG I Year E6 QS P28 QSFP28 IOC Module Warranty EC8605A0I- FAN VSP8608 3000W AC PSIJ VSP8608 3000W AC I Year E6 No Power Cord) PSIJ No Power Cord) Warranty EC8605A02- FAN VSP8608 2500W DC PSIJ VSP8608 2500W DC I Year E6 No Power Cord) PSIJ No Power Cord) Warranty EC8611001- FAN VSP8608 Spare Fan VSP8608 Spare Fan I Year E6 Module Module Warranty EC8611002- FAN VSP8608 Spare IOC Filler VSP8608 Spare IOC I Year E6 Panel Filler Panel Warranty EC8611003- FAN VSP8608 Spare PSIJ Filler VSP8608 Spare PSIJ I Year E6 Panel Filler Panel Warranty EC8611004- FAN VSP8608 Chassis Rack VSP8608 Chassis Rack I Year E6 Mount it Mount it Warranty Attachment D Page 326 of 471 Page 482 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC8611005- FAN VSP8608 Cable Guide Kit VSP8608 Cable Guide Kit I Year E6 Warranty EC8611006- FAN VSP8608 PSIJ Cover VSP8608 PSIJ Cover I Year E6 Warranty EIO-03 Smart E1003 Underseat Mounting I Year OmniEdge Solution for AP560i Warranty Wireless EIO-03-SP Smart E1003SP Service Panel for No OmniEdge AP560i/AP560h Warranty Wireless EN- - SRA IP ADD ON [.ICI -,".NSE 100 Adds IP management SW Software 11/20/ N'rWADV- DEVICES license FOR 100 devices Warranty 2020 IP -100 Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. EN- - SRA IP ADD ON [.ICI -,".NSE Adds IP management SW Software 11/20/ N'rWADV- 1000 DEVICES license for 1000 devices Warranty 2020 IP -1000 Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. EN- - SRA IP ADD ON [.ICI -,".NSE 500 Adds IP management SW Software 11/20/ N'rWADV- DEVICES license for 500 devices Warranty 2020 IP -500 Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. EN- - SRA ip mGmT SWI IT INT IP management SW Software 11/20/ N'rWADV- ORDER50DEVICES license for up to 50 Warranty 2020 IP -BASE devices required for initial purchase of IP only management minimum of one year support is requir d. EN- - SRA POWER CORD CHINA POWER CORD CHINA No PC15CHINA PRC/3/16'ro cig 16A PRC/3/16'ro cig 16A Warranty EN- - SRA POWER CORD CHINA POWER CORD CHINA No PC15CHINA IEC309'ro cig 16A 2 IEC3 09 'ro C19 16A 2 Warranty -IEC309 EN- - SRA POWER CORD B15K Power Cord for RPS4 and No PC I 5E(JRO EUROPEAN SIACPWR European Warranty version Attachment D Page 327 of 471 Page 483 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EN- SRA POWER CORD INDIA POWER CORD INDIA No PC151NDIA- BS1363 'ro cig 13A 2 BS1363 'ro cig 13A 2 Warranty BS1363 EN- SRA POWER CORD INDIA Power cord uses British No PC151NDIA- B S546 'ro C19 16A 25 Standard plug for use in Warranty BS546 India (reseller Dlink) and South Africa. F,,N-PC151JK SRA POWER CORD B15K IJK Power Cord for RPS4 and No VERSION SIACPWR United Warranty Kingdom version EN- SRA POWER CORD B15K US Power Cord for RPS4 and No PC151JSA VERSION SIACPWR USA version Warranty NEMA 520P Plug (20amp) EN- SRA ACCESSORY RPS4 250v Cord for RPS4 and No PC151JSA- POWER CORD USA SIACPWR USA version Warranty NEMA615 VERSION NEMA 615P Plug (15 amp) EN-PCA1JS SRA PC RPS5/8/9RPSX424 POWER CORD FOR No RPSX448 A(Js,rRAIIA USE IN A(Js,rRAIIA Warranty F,,N-PCAIJS- SRA POWER POWER No EPS CORDA(Js,rRAIIA15A25 CORDA(Js,rRAI-IA15A2 Warranty 0V 50V EN -PC- SRA PWRCDC13/C14 15A C13/C14 15A Power Cord No C13C14 POWERCORD Warranty EN- SRA PC RPS9CHINA10A PC RPS9CHINA10A No PCCHINA- 250VAC INPur 250VAC INPur Warranty 250 EN- SRA POWER POWER CORD CHINA No PCCHINA2- CORDCHINAIEC309'ro IEC309'ro C13 10A Warranty IEC309 C131OA250V 250V EN- SRA POWER CORD CHINA Power Cord China No PCCHINA- IEC309 'ro C13 10A I IEC309'ro C13 10A Warranty IEC309 I I OV 2.51 EN- SRA PC FOR RPS2/3/5/9 Power Cord for No PCEIJRO EUROPEAN VERSION RPS2/3/5/9 European Warranty version EN- SRA POWER POWER No PCEIJRO- CORDE(JRO16A250V COI DE(JR016A250VC Warranty EPS EF,", 7/7 E(JROPCI91.8MR6 EN- SRA SINGLE 6 Four AC SINGLE 6 Four AC No PCINDIA POWERCORD ISO R POWERCORD ISO R Warranty INDIA INDIA Attachment D Page 328 of 471 Page 484 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EN- SRA POWER POWER No PCINDIA- CORDINDIA16A250V CORDINDIA16A/250V Warranty EPS EN- SRA PWRCDI,rAI-YI0A250V2. PWRCDI,rAI-YI0A250V No Pci,rAI,Y- 5MCEI 2316/C13 2.5MCEI 2316/C13 Warranty CEI EN- SRA PC FOR RPS2/3/5/9 Power Cord for No PCJAPAN JAPAN VERSION RPS2/3/5/9 Japan version Warranty EN- SRA POWER CORD IEC 320 Power Cord IEC 320 C19 No PCJAPAN- 019 'rO NEMA 515 JAP to NEMA 515 Japan PSE Warranty C 19 certified EN- SRA POWER POWER No PCJAPAN- CORDJAPAN15A250V CORDJAPAN15A250V Warranty EPS EN- SRA POWER POWER CORD SWISS No PCSWISS- CORDSWISSIOA250VHA SEV101 I 'ro C13 10A Warranty C 131201-1-117 LOCHH.NFREE, 250V HALOCHH.NFREE, EN-PC(JK SRA PC FOR RPS2/3/5/9 UK Power Cord for No VERSION RPS2/3/5/9 United Warranty Kingdom version F,,N-PCIJK- SRA POWER POWER No EPS CORDI1K13A250V CORDI1K13A250V Warranty F,,N-PCIJSA SRA PC RPS2/3/5/9(1SA NEMA Power Cord for No 515PIOA/125V RPS2/3/5/9 USA version Warranty 910 10 F,,N-PCI1SA2 SRA POWER CORD USA POWER CORD USA No NEMA515/C13 13A 125V Nl-,".MA515/CI3 13A Warranty 125V F,,N-PCIJSA- SRA PC FOR RPS2/3/5/9 USA Power Cord for No 31 VERSIOMmi-,".'rER RPS2/3/5/9 USA version Warranty NEMA 515P Plug (15amp)a F,,N-PCIJSA- SRA POWER CORD IEC Power Cord IEC No C 19C20 60320019 '103 IEC 60320019 to IEC Warranty 6032002 60320020 250V 20A F,,N-PCIJSA- SRA PWR CRD IEC 60320019 Power Cord IEC No 0191-620P LCKNG NEMA 1.620P 60320019 to locking Warranty Dema 1-620P 250V 20A F,,N-PCIJSA- SRA POWER CORD FOR Power Cord for use with No NEMA620 SXACPWR2500POE VDX 8770. NEMA 6/20 Warranty specification. F,,N-S[-X- SRA SIA 903048S with no PS Extreme SIA 903048S I Year 9030 -48S -4C and no fans with No Power supplies Warranty No fans Supports 4 8 x 10 C11HY I CA,", + 4 x 10 0 GIHA 0 GE Attachment D Page 329 of 471 Page 485 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. F,,N-S[-X- SRA SLX 903048S AC Front to Extreme SLX 903048S I Year 9030-485- Back Airflow Switch AC with Front to Warranty 4C -AC -F Back Airflow Supports 4 8 x 10 C11HY I CIIH, + 4 x 10 0 C11HY4 0 GE F,,N-S[-X- SRA SLX 903048S AC Back to Extreme SLX 903048S I Year 9030-485- Front Airflow Switch AC with Back to Warranty 4C -AC -R Front Airflow Supports 4 8 x 10 C11HY I CIIH, + 4 x 10 0 C11HY4 0 GE F,,N-S[-X- SRA SLX 903048'1, with no PS Extreme SLX 903048'1, I Year 9030-48'1-4C and no fans IOC113ase'r Switch with Warranty No Power supplies No fans Supports 4 8 x 10 C11HY I CIIH, + 4 x 10 0 C11HY4 0 GE F,,N-S[-X- SRA SLX 903048'1, AC Front to Extreme SLX 903048'1, I Year 9030-48'1- Back Airflow IOC113ase'r Switch AC Warranty 4C -AC -F with Front to Back Airflow Supports 4 8 x 10 C11HY I CIIH, + 4 x 10 0 C11HY4 0 GE F,,N-S[-X- SRA SLX 903048'1 AC Back to Extreme SLX 903048'1 I Year 9030-48'r- Front Airflow IOC113ase'1 Switch AC Warranty 4C -AC -R with Back to Front Airflow Supports 4 8 x 10 C11HY I CIIH, + 4 x 10 0 C11HY4 0 GE F,,N-S[-X- SRA SLX 9030 Advanced SLX 9030 Advanced Software 9030 -ADV- Feature License Feature License Warranty LIC -P F,,N-S[-X- SRA 24X I OCIF,",44X I OOCIIH, Extreme SLX 964024S I Year 9640-245 ROurER Router. Supports Warranty 2 4 x 10 C11HY I CIIH, + 4xIOOC!I-,"./40C!I-,".. (24S+4C sku no Power supplies or Fans) F,,N-S[-X- SRA 24X I OCIIH,+ I 2X I OOCIIH, Extreme SLX 964024S I Year 9640-245- ROurER Router. Supports Warranty 12C 2 4 x 10 C11HY I CIIH, + 12xIOOC!I-,"./40C!I-,".. (All ports 24S+12C sku with no Power supplies or Fans) Attachment D Page 330 of 471 Page 486 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. F,,N-S[-X- SRA 24X I OCIF,",+ I 2X I 00CHH, Extreme SLX 9640245 I Year 9640-24S- ROurER AC PR'rSD Router AC with Front to Warranty 12C -AC -F IN'rK Back airflow. Supports 2 4 x 10 C11HY I GIH, + 12x 10 0 C11HY4 0 Gl-,",. (I Power supply 6 Fans) F,,N-S[-X- SRA 24X I 0G1 -,",+4X I 00CHH, Extreme SLX 9640245 I Year 9640-24S- ROurER AC PR'rSD Router AC with Front to Warranty AC -F IN'rK Back airflow. Supports 2 4 x 10 C11HY I GIH, + 4x100G1-,"./40G1-,"..(1 Power supply 6 Fans) F,,N-S[-X- SRA EXT SW LICIH.NSE'ro Extreme SLX 9640 Ports Software 9640-4C- ENABLE 4 POR'r of 100G on Demand License for 4 Warranty POD -P ports of 100C1F,/40CIF,". Uplinks F,,N-S[-X- SRA EXTERNAL SW Extreme SLX 9640 Software 9640 -ADV- I -ICI -,".NSE 'r C3 ENABLE Advanced Feature License Warranty LIC -P ADV LIC EN -SX- SRA POWER CORD FOR USE POWER CORD FOR No PCAIJS IN A(Js,rRAIIA/NEW USE IN Warranty ZEAL A(Js,rRAIIA/NEW ZEAL EWC-INCR- SRA EWC ADDITIONAL 100 Workflow Composer 100 Software 100 'rARCHH.'rs targets addon Warranty EWC-s,rD- SRA EWC sm WITH HA Workflow Composer Software HA -100 Standard Software with Warranty HA includes loo 'rargets EXOS- Smart X465 EXOS CORE, Feature Core Feature Pack for Software CORE -FP- OmniEdge Pack ExtremeSwitching X465 Warranty X465 Switching EXOS- Smart X465 EXOS MACsec MACsec Feature Pack for Software MACSEC- OmniEdge Feature Pack ExtremeSwitching X465 Warranty FP -X465 Switching EXOS- Smart X465 EXOS MPLS Feature MPLS Feature Pack for Software MPI -S -FP- OmniEdge Pack ExtremeSwitching X465 Warranty X465 Switching EXOS- Smart X590 EXOS MPLS Feature MPLS Feature Pack for Software MPI -S -FP- OmniEdge Pack ExtremeSwitching X590 Warranty X590 Switching CBCT-24'rX Fixed 1-3 G3 1/0 CARD 24'rX 2 Lifetime 09/30/ SFP COM130 PORTS Warranty - 2020 NBD Delivery G31PV6-I-IC Fixed 1-3 G3 IPV6 ROOFING G3 IPV6 ROFFING Software 08/30/ I,ICI-,".NSE LICIH.NSE Warranty 2024 Attachment D Page 331 of 471 Page 487 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. G31 -3 -1 -IC Fixed 1-3 G3 ADV. ROurING G3 ADV. ROurING Software 08/30/ I -ICI -,".NSE PIM OSPF LICIH.NSE PIM OSPF Warranty 2024 VRRP VRRP 13H-12,rx Fixed 1-2 INDUSTRIAL SWITCH 12 INDUSTRIAL SWITCH I Year 06/30/ P'r 10/100 I/O CARD 12 P'r 10/100 I/O CARD Warranty 2020 131-1252- Fixed 1-2 FACTORY FACTORY 5 Year 06/30/ 12'rx CONFIGURE D 131-125202 CONFIGURE D Warranty 2020 13 H 12'rx 131125202 131-112'rx 1311252- Fixed 1-2 16 PORT 100BASEFX 16 PORT 100BASFYX 5 Year 06/30/ 16FXM ISI RIES swrrCH ISE IES swrrCH Warranty 2020 1311252- Fixed 1-2 FACTORY FACTORY 5 Year 06/30/ 24'rx CONFIGURED 24 P'r CONFIGURE D 24 P'r Warranty 2020 10/100 ISERIES 10/100 ISI RIES 1311252- Fixed 1-2 8 l00BAS1-,TX 12 'rx 8 100BASEFX 12'rx 5 Year 06/30/ 8FXM-12,rx ISI RIES swrrCH ISE IES swrrCH Warranty 2020 13H-8FX- Fixed 1-2 INDUSTRIAL SWITCH 8 INDUSTRIAL SWITCH 5 Year 06/30/ MM P'r MIDI FX 1/0 CARD 8 P'r MMFFX 1/0 CARD Warranty 2020 13H -DIN- Fixed 1-2 DIN RAIL KIT FOR DIN RAIL KIT FOR No 06/30/ Krr ISI RIES swrrCH ISIS RIES swrrCH Warranty 2022 13H-PWR Fixed 1-2 24VDC POWER UNIT I Year 06/30/ FOR ISI RIES swrrCH Warranty 2020 13H -RACK- Fixed 1-2 19 RACK MOUNT KIT 19 RACK MOUNT KIT No 06/30/ MN'r FOR ISI RIES swrrCH FOR ISE IES swrrCH Warranty 2022 IA -A-20 Enterasys ID1-,".N'rrrY ACCESS IF 1-,".N'rTrY ACCESS I Year 12/29/ Sentinel APPLIANCE 3000 ES APPLIANCE 3000 ES Warranty 2022 1 IA -A-300 Enterasys IA HW APPLIANCE FOR IA HW APPLIANCE I Year 12/29/ Sentinel EN'rERPRISE FOR EN'rERPRISE Warranty 2022 LICIH.NSING LICIH.NSING IA -ES -12K Enterasys NAC ENTERPRISE NAC ENTERPRISE Software Sentinel I -ICI -,".NSE FOR 12K ES LICIH.NSE FOR 12K ES Warranty IA -ES -1K Enterasys NAC ENTERPRISE NAC ENTERPRISE Software Sentinel I -ICI -,".NSE FOR lK ES LICIH.NSE FOR lK ES Warranty I IA -ES -3K Enterasys NAC ENTERPRISE NAC ENTERPRISE Software Sentinel I -ICI -,".NSE FOR 3K ES LICIH.NSE FOR 3K ES Warranty IA -GIM -12K NAC G(JEs'r16'rMNGR NAC Software ONBOARDING 12K G(JES'rio'rmANAG1-,R Warranty IJSERS/I-,".S FOR ONBOARDING 121 (1SERS/1-,".NDsYs'rEMS IA -GIM -1K NAC G(JEs'r16'rMNGR NAC Software ONBOARDING lK G(JES'rio'rmANAG1-,R Warranty IJSERS/I-,".S FOR ONBOARDING lK (1SERS/1-,".NDsYs'rEMS IA -GIM -3K NAC G(JEs'r16'rMNGR NAC Software ONBOARDING 3K G(JES'rio'rmANAG1-,R Warranty IJSIS RS/I-,".S Attachment D Page 332 of 471 Page 488 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 333 of 471 Page 489 of 943 FOR ONBOARDING 3K (1SERS/1-,".NDsYs'rEMS IA -PA -12K Enterasys IA 12000 ES SEC IA 12000 ES SEC Software Sentinel Pos,r(JRE ASSESsmEN'r Pos'ruRE Warranty LIC ASSESsmEN'r uc IA -PA -3K Enterasys IA 3000 ES SEC IA 3000 ES SEC Software Sentinel Pos,r(JRE ASSESsmEN'r Pos'ruRE Warranty LIC ASSESsmEN'r uc I-MGBIC- Fixed 1-2 INDUSTRIAL 1000[-X INDusTRIAL 1000[-X I Year CTX SIP SIP Warranty I-MGBIC- Fixed 1-2 INDUSTRIAL 1000SX INDUSTRIAL 1000SX I Year GSX SIP SIP Warranty I-MGBIC- Fixed 1-2 KM 1000BASEI-X MM KM 1000BASE-I-X, MM I Year LC03 Warranty K10- Modular K10 192 PORTTRIPLE Limited 04/30/ 192,rRpi-- 1-3 S D B UN D LE Lifetime 2024 BUN Switching Warranty - 10 Business Day Ship K10- Modular KSIS RIES To si-6'r KSERIES To si-6'r Limited 04/30/ CHASSIS 1-3 CHASSIS AND FAN CHASSIS AND AN Lifetime 2024 Switching FRAY 'rRAY Warranty - 10 Business Day Ship K10 -FAN Modular K10 FANTRAY K10 FANTRAY Limited 04/30/ 1-3 Lifetime 2024 Switching Warranty - 10 Business Day Ship K10 -MID- Modular K 10 MI DMO UNT KIT I Year 04/30/ Krr 1-3 Warranty 2024 Switching K6-120SFP- Modular K6 120 PORT SIP Limited 04/30/ BUN 1-3 BUNDLE Lifetime 2024 Switching Warranty - 10 Business Day Ship K6- Modular KSIS RIES 6 si.6'r KSERIES 6 si.6'r Limited 04/30/ CHASSIS 1-3 CHASSIS AND FAN CHASSIS AND AN Lifetime 2024 Switching FRAY 'rRAY Warranty - 10 Attachment D Page 333 of 471 Page 489 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 334 of 471 Page 490 of 943 Business Day Ship K6 -FAN Modular K6 FANTRAY K6 FANTRAY Limited 04/30/ 1-3 Lifetime 2024 Switching Warranty - 10 Business Day Ship K6 -MID- Modular K6 MIDMOUNT KIT I Year 04/30/ Krr 1-3 Warranty 2024 Switching K -AC -PS Modular KSIS RIES POWER KSERIES POWER I Year 04/30/ 1-3 SUPPLY SUPPLY Warranty 2024 Switching K-EOS-1-3 Modular ADVANCED ROFFING ADVANCED ROFFING Software 04/30/ 1-3 IICI-,".NSE LICIH.NSE Warranty 2024 Switching K-EOS-PPC Modular KSIS RIES PER PORT KSERIES PER PORT Software 04/30/ 1-3 USE CAPACI'ry USE CAPACrry Warranty 2024 Switching IICI-,".NSE LICIH.NSE K-EOS-VSB Modular ISE IES VSB LICIH.NSE ISE IES VSB LICIH.NSE Software 04/30/ 1-3 Warranty 2024 Switching KG2001- Modular K 24 PORT IGB SIP IOM K 24 PORT IGB SIP Limited 04/30/ 0224 1-3 IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KG2001- Modular K 24 PORT IGB SIP IOM K 24 PORT IGB SIP Limited 04/30/ 0224-G 1-3 IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K 4 PORT l0GB SI P+ K 4 PORT 10GB SFP+ Limited 04/30/ 0204 1-3 IOM IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K6 mcmr/FABRIC W 4 K6 mcmr/FAB RIC W 4 Limited 04/30/ 0204-F 1 1-3 l0GB VIA SFP+ l0GB VIA SFP+ Lifetime 2024 Switching Warranty - 10 Attachment D Page 334 of 471 Page 490 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 335 of 471 Page 491 of 943 Business Day Ship KK2008- Modular K6 mcmr/FABRIC W 4 K6 mcmr/FAB RIC W 4 Limited 04/30/ 0204-F ICS 1-3 l0GB VIA SFP+ l0GB VIA SFP+ Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K10mcmr/SAB RICW4 K 10 mcmr/FABRIC W Limited 04/30/ 0204-172 1-3 l0GB VIA SFP+ 4 l0GB VIA SFP+ Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K10mcmr/SAB RICW4 K 10 mcmr/FABRIC W Limited 04/30/ 0204-F2G 1-3 l0GB VIA SFP+ 4 l0GB VIA SFP+ Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K 4 PORT l0GB SFP+ K 4 PORT 10GB SFP+ Limited 04/30/ 0204-G 1-3 IOM IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship K -POE- Modular K EXTERNAL 4 BAY K EXTERNAL 4 BAY I Year 04/30/ 4BAY 1-3 POWER SHELF POWER SHELF Warranty 2024 Switching K -POE- Modular MOUNTING KIT FOR I Year 04/30/ 4BAY-RAIL 1-3 KPOE413AY POWER Warranty 2024 Switching SHELF K -POE- Modular K POE POWERTO HS I Year 04/30/ CB[ --21 1-3 CHASSIS CABLE 21 Warranty 2024 Switching K'r-135628- WiNG UNIVERSAL UNIVERSAL I Month 01 Wireless MO(JN'rING KI'r FOR MO[JN'rING KI'r FOR Warranty EW AN APS EW AN APS Wing KT 147407- WING ou'rDOOR AP ou'rDOOR AP I Month 09/13/ 01 Wireless MO(JN'rING MO[JN'rING Warranty 2020 HARDWARE, Krr HARDWARE, KI'r Wing KT 147407- WING ou'rDOOR I-IDW KIT ss ou'rDOOR MOUNTING I Month 02 Wireless 14ARSH HARDWARE, ISI' r FOR Warranty F,,NVIRONMI-,".N,rs ou'rDOOR ACCESS Wing POIN'rs s'rAINLESS Attachment D Page 335 of 471 Page 491 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 336 of 471 Page 492 of 943 s,rEEI- FOR HARSH ENVI RONmI-,".N'rs KT -150173- WiNG ou'rDOOR AP 12 IN EXT ou'rDOOR AP 12 IN I Month 01 Wireless ARM FOR MN'rG KI'r EX'r ARM FOR MN'rG Warranty KI'r Wing KT -153676- WiNG ou'rDOOR RJ45 ou'rDOOR RJ45 I Month 01 Wireless CONNEC'rOR PLUG KI'r CONNEC'rOR PLUG Warranty KI'r Wing K'r-158767- WING KI'r AP7161 VEHICLE KI'r AP7161 VEHICLE I Month 01 Wireless MO(JN'r MO(JN'r Warranty Wing KT2006- Modular K 24 PORT 16/166/1666 K 24 PORT 16/166/1666 Limited 04/30/ 0224 1-3 802.3A,r POE IOM 802.3A,r POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT2006- Modular K 24 PORT ionoon000 K 24 PORT ionoon000 Limited 04/30/ 0224-G 1-3 802.3A,r POE IOM 802.3A,r POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT20 10- Modular K 24 PORT MINIRJ21 K 24 PORT MINIRJ21 Limited 04/30/ 0224 1-3 802.3A,r POE IOM 802.3A,r POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT20 10- Modular K 24 PORT MINIRJ21 K 24 PORT MINIRJ21 Limited 04/30/ 0224-G 1-3 802.3A,r POE IOM 802.3A,r POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT -6511- WING AP4511 Opt Sport Eth Optional threeport I Month 12/01/ OOOOD-WR Wireless Module Ethernet Module for Warranty 2019 AP4511 Wing I,BS-CI-D- WING LBS CLOUD 100AP I lyear LBS cloud Software 100AP-PV- Wireless YEAR PV subscription paperless Warranty IYR voucher for 100 APs I,BS-CI-D- WING LBS CLOUD 100AP 3 3year LBS cloud Software 100AP-PV- Wireless YEAR PV subscription paperless Warranty 3YR voucher for 100 APs Attachment D Page 336 of 471 Page 492 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. LBS -CI -D- WING LBS CLOUD IOOAP 5 5year LBS cloud Software IOOAP-PV- Wireless YEAR PV subscription paperless Warranty 5Y1Z voucher for 100 APs LBS -CI -D- WING LBS CLOUD IOAP I lyear LBS cloud Software IOAP-PV- Wireless YEAR PV subscription paperless Warranty 1 Y1 voucher for 10 APs LBS -CI -D- WING LBS C 1-0 (JD I OAP 3 3year LBS cloud Software IOAP-PV- Wireless YEAR PV subscription paperless Warranty 3Y1Z voucher for 10 APs LBS -CI -D- WING LBS C 1-0 (JD I OAP 5 5year LBS cloud Software IOAP-PV- Wireless YEAR PV subscription paperless Warranty 5Y1Z voucher for 10 APs LBS -CI -D- WING LBS CLOUD IAP I YEAR lyear LBS cloud Software IAP -PV- Wireless PV subscription paperless Warranty 1 Y1 voucher for I AP LBS -CI -D- WING LBS CLOUD IAP 3 YEAR 3year LBS cloud Software IAP -PV- Wireless PV subscription paperless Warranty 3Y1Z voucher for I AP LBS -CI -D- WING LBS CLOUD IAP 5 YEAR 5year LBS cloud Software IAP -PV- Wireless PV subscription paperless Warranty 5Y1Z voucher for I AP LBS -CI -D- WING LBS CLOUD IOOOAP I lyear LBS cloud Software IKAP-PV- Wireless YEAR PV subscription paperless Warranty 1 Y1 voucher for 1000 APs LBS -CI -D- WING LBS CLOUD IOOOAP 3 3year LBS cloud Software IKAP-PV- Wireless YEAR PV subscription paperless Warranty 3Y1Z voucher for 1000 APs LBS -CI -D- WING LBS CLOUD IOOOAP 5 5year LBS cloud Software IKAP-PV- Wireless YEAR PV subscription paperless Warranty 5Y1Z voucher for 1000 APs LBS -CI -D- WING LBS CLOUD 5AP I YEAR lyear LBS cloud Software 5AP-PV- Wireless PV subscription paperless Warranty 1 Y1 voucher for 5 APs LBS -CI -D- WING LBS CLOUD 5AP 3 YEAR 3year LBS cloud Software 5AP-PV- Wireless PV subscription paperless Warranty 3Y1Z voucher for 5 APs LBS -CI -D- WING LBS CLOUD 5AP 5 YEAR 5year LBS cloud Software 5AP-PV- Wireless PV subscription paperless Warranty 5Y1Z voucher for 5 APs LBS- Smart 1,Bsi-vs,rs1001 PVIY1t ExtremeLocation Voucher No i,vs,rs- OmniEdge for lOOK Long Visits for Warranty 100K -PV- Applicatio I Year IYR ns LBS- Smart 1,Bsi-vs,rsIMPVIY1t ExtremeLocation Voucher No i,vs'rs-im- OmniEdge for IM Long Visits for I Warranty PV-IYR Year Attachment D Page 337 of 471 Page 493 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 338 of 471 Page 494 of 943 Applicatio ns LBS- Smart 1,Bsi-vs,rS25OKPVIYR ExtremeLocation Voucher No i,vs,rs- OmniEdge for 250K Long Visits for Warranty 250K -PV- Applicatio I Year IYR ns LBS- Smart 1,Bsi-vs,rS50OKPVIYR ExtremeLocation Voucher No i,vs,rs- OmniEdge for 500K Long Visits for Warranty 50OK-PV- Applicatio I Year IYR ns LBS- Smart 1,Bssys,rslOOKPVIYR ExtremeLocation Voucher No sys,rs- OmniEdge for lOOK Short Visits for Warranty IOOK-PV- Applicatio I Year IYR ns LBS- Smart 1,Bssys,rsIMPVIYR ExtremeLocation Voucher No sys,rs-im- OmniEdge for IM Short Visits for I Warranty PV-1YR Applicatio Year ns LBS- Smart 1,Bssys,rS250KPVIYR ExtremeLocation Voucher No sys,rs- OmniEdge for 250K Short Visits for Warranty 250K -PV- Applicatio I Year IYR ns LBS- Smart 1,Bssys,rS50OKPVIYR ExtremeLocation Voucher No sys,rs- OmniEdge for 500K Short Visits for Warranty 50OK-PV- Applicatio I Year IYR ns MBO- Smart MBOART02 MBOART02 Articulating I Year AR'r02 OmniEdge Mt g Brkt Warranty Wireless MC113IC-02 Modular 1000BASET RJ45 MINI 1000BASE-T, RJ45 MINI I Year Interfaces G13IC C GBI C Warranty MC113IC-08 Modular MINI C1131C MINI C1131C lOOOBASE- I Year Interfaces IOOOBASI-,-.I-,-.[-X (70KM) I ELX (70KM) I LC POR'r Warranty LC POR'r MGBIC- Modular 100BASET SIP I Year 12/31/ 1 0013'r Interfaces Warranty 2021 MGBIC- Modular IOOOBASEBXIOD IOOOBASE-BXIO-D I Year BXIO-D Interfaces BIDIRr,.c,rIONAI, SIP BIDIREC,riONAI- SIP Warranty MGBIC- Modular IOOOBASEBXIOIJ IOOOBASE-BXIO-IJ I Year BXIO-IJ Interfaces BIDIREcrIONAL SIP BIDIREC,riONAI- SIP Warranty MGBIC- Modular IOOOBASEBX120D SIP IOOOBASE-BX120-D I Year BX120-D Interfaces SIP Warranty MGBIC- Modular IOOOBASEBX1201J SIP IOOOBASE-BX120-(1 I Year BX 120-[1 Interfaces I SIP Warranty MGBIC- Modular IOOOBASEBX40D SIP IOOOBASE-BX40-D SIP I Year BX40-D Interfaces Warranty Attachment D Page 338 of 471 Page 494 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. MGBIC- Modular IOOOBASEBX40I1 IOOOBASE-BX40-I1 I Year BX40-I1 Interfaces BIDIREurIONAL SFP BIDIREC,riONAI- SFP Warranty MGBIC- Modular MINI C1131C 1000BASESX MINI C1131C I Year LCOI Interfaces W/ I I -C MM PC R'r 1000BASESX W/ I I -C Warranty MM PC R'r MGBIC- Modular I G13 SX MM SF P TAA I G13 SX MM, SF P, TAA I Year LCO I -G Interfaces Warranty MGBIC- Modular MINI C1131C IOOOBASEFX MINI C1131C IOOOBASE- I Year LC03 Interfaces w/ I i -c mm P'r 2 FX W/ I i -c mm P'r - Warranty 2KM MGBIC- Modular I OOBASEFX MM 13 1 ONM IOOBASE-FX, MM, I Year LC04 Interfaces 2 KM I -C SIP 131 ONM 2 KM, I -C SF P Warranty MGBIC- Modular 24 PACK MGBICLC04 24 PACK MG13IC-[.004 I Year I,C04-24PK Interfaces Warranty MGBIC- Modular 48 PACK MGBICLC04 48 PACK MG13IC-[.004 I Year I,C04-48PK Interfaces Warranty MGBIC- Modular 96 PACK MGBICLC04 96 PACK MG13IC-[.004 I Year I,C04-96PK Interfaces Warranty MGBIC- Modular I00BASE[-XI0 SM 100BASE-I-XIO, SM, I Year LC05 Interfaces 13 IONM 10 KM I -C SIP 131 ONM, 10 KM, I -C SF P Warranty MGBIC- Modular IG13802.3 SM1550 NMI 10 IG13,802.3 SM,1550 I Year LC07 Interfaces ILMI -C SIP NMi I 10 KM,[.0 SIP Warranty MGBIC- Modular MINI C1131C 1000BASEI-X MINI C1131C I Year LC09 Interfaces W/ I I -C SM PC R'r 1000BASEI-X W/ I I -C Warranty SM PC R'r MGBIC- Modular IG13 LX SM SFP'rAA I G13 LX SM, SIP, TAA I Year LC09-G Interfaces Warranty ML -1499- WiNG LLC CableJump 10 10 ft Lowl-oss coaxial I Month I OJK-0 I R Wireless cable jumper N Male to N Warranty Male Wing ML -1499- WiNG LLC CableJump 25 25 ft Lowl-oss coaxial I Month 25JK-OIR Wireless cable jumper N Male to N Warranty Male with 2 connector Wing sea] kits ML -1499- WiNG LLC CableJump 50 50 ft Lowl-oss coaxial 3 Month 06/30/ 50JK-OIR Wireless cable jumper N Male to N Warranty 2020 Male with 2 connector Wing sea] kits ML -1499- WiNG KITANTT".NNA KITANTT".NNA I Month SD3MK-OIR Wireless MO1JN'rFOR MO1JN'rFOR Warranty MI-2499SD301 MI-2499SD301 Wing ML -2452- WING Dipole Omni 3.2/4.9 dBi Antenna 2.4/5 GI-Iz I Month APA2-01 Wireless BLK Indoor 'hype Dipole Warranty (Paddle) Gain Wing 3dBi/2AG1-Iz 4dBi/5G1-Iz Beam Width EPlane 35 Attachment D Page 339 of 471 Page 495 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 340 of 471 Page 496 of 943 degrees HPlane 360 degrees Connector RPSMA Male ML -2452- WING Dipole Omni 3.2/4.9 dBi AN,r2.45C!I-IZDBANDDP I Month APA2-02 Wireless White 67 DBIRPSMAWH'r Warranty Wing ML -2452- WiNG AN'rDIPO[-EGN2DBI2AG AN'rDIPO[-EGN2DBI2A I Month APAG2A1- Wireless I-IZ1DBI5G1-IZB[-K G1-IZ1DBI5G1-IZB[-K Warranty 01 Wing ML -2452- WING Antenna 2G5G3dB Omni Antenna 2G and 5G 3dB I Month APAG2A1- Wireless White Omni for indoor White Warranty 02 Color Wing ML -2452- WING Antenna outdoor 2G5G3dB Antenna 2G and 5G I Month 14PA5-036 Wireless Omni 3dBOmni directional Warranty Dipole for outdoor use Wing ML -2452- WiNG AN'rD(JAI- BAND 6 DBI AN'rD(JAI- BAND 6 DBI I Month 14PA6-01 Wireless AN'ri-,".NNA AN'ri-,".NNA Warranty Wing ML -2452- WiNG ANT 6 DUAL E[-EmT".N'r ANT 6 DUAL I Month I-IPA61 6- Wireless O AN'ri-,".NNA EI-E".ME".N'r O Warranty 072 AN'ri-,".NNA Wing ML -2452- WiNG ANT 6 PORT OMNI ANT 6 PORT OMNI I Month I-IPA6X6- Wireless AN'ri-,".NNA AN'ri-,".NNA Warranty 036 Wing ML -2452- WiNG AN'rDP4.0DBI AN'rDP4.0DBI I Month I-IPAG4A6- Wireless 2ACHUTODBI 5G1 -Il 2ACHUTODBI 5G1 -Il Warranty 01 Wing ML -2452- WiNG AN'rDP4.5DBI AN'rDP4.5DBI I Month I-IPAG5A8- Wireless 2AG1-IZ7.5DBI 5G1-IZ 2AG1-IZ7.5DBI 5G1-IZ Warranty 01 Ntype Ntype Wing ML -2452- WING 2.4/5G LightArrest 2.4/5 G1-Iz Lightning I Month LAKI-01R Wireless Arrestor (N Female to N Warranty Female) with N Male to Wing RPSMA Male adapter ML -2452- WING DUAL BAND DUAL BAND I Month LAKI-02R Wireless LIGHTNING ARRE s'rOR uciurrNING Warranty ARRE s'rO R Wing ML -2452- WING Antenna 25G5dBDIR Antenna 2.4/5 G1-Iz I Month PNA5-01R Wireless Outdoor Panel 5 dBi Warranty Beam Width EPlane 65 Wing degrees HPlane 120 degrees Connector 'rype NMale ML -2452- WING Antenna 25G7dBDIR Antenna 2.4/5 G1-Iz I Month PNA7-01 R Wireless Outdoor Panel 7 dBi Warranty Beam Width EPlane 66 Wing Attachment D Page 340 of 471 Page 496 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 341 of 471 Page 497 of 943 degrees FIPlane 68 degrees Connector 'rype NMale ML -2452- WiNG DUALBAND DUAL DUALBAND DUAL I Month PNI-31 3-1 Wireless POLARIZED SEC'rOR POLARIZED SEC'rOR Warranty AN'ri-,".NNA AN'ri-,".NNA Wing ML -2452- WiNG ANT3 PORT DI- PANEL ANT3 PORT DUAL I Month PN[ -61 3- Wireless 36 IN CB L NI ALE BAND PANEL Warranty N36 AN'ri-,".NNA wim 36 Wing INCH CABLE AND NI ALE CONNEC'rOR ML -2452- WiNG ANT NRW BEAM DUAL POLARIZED I Month PN[ -61 4- Wireless DIR36IN CBI- NI ALE DUAL BAND NARROW Warranty N36 CONN BEAM DIREC'rIONAI- Wing AN'ri-,".NNA wI 36 INCH CABLE AND NI ALE CONNEC'rOR ML -2452- WiNG ANT MIMO DUAL BAND ANT MIMOI UAL I Month PN[ -91 3- Wireless SEC'rOR BAND SEC'rOR Warranty 036 Wing ML -2452- WiNG ANT3 PORT DUAL ANT3 PORT DUAL I Month PN[ -91 3- Wireless BAND PANEL BAND PANEL Warranty N36 AN'ri-,".NNA AN'ri-,".NNA Wing ML -2452- WiNG ANT 2 PORT DUAL ANT 2 PORT DUAL I Month P,rA21 2- Wireless BAND PA'rCH BAND PA'rCH Warranty 036 AN'ri-,".NNA AN'ri-,".NNA Wing ML -2452- WiNG AP7131 3 PORT mimo AP7131 3 PORT mimo I Month P,rA31 3- Wireless AN'ri-,".NNA 361N PIG'rAII- AN'ri-,".NNA 361N Warranty 036 PIG'rAII- Wing ML -2452- WiNG ANT802.11 ABGN 3X3 ANT802.11 ABGN 3X3 3 Month 12/26/ P,rA41 3X3- Wireless MIMO ISI' S4011 1t4 MO RFS4011 Warranty 2020 1 Wing ML -2452- WiNG ANTT".NNA PATCH4 ANTT".NNA PATCH4 I Month P,rA41 4- Wireless DUAL ELF".MF".N'r DUAL E[-EmI-,".N'r Warranty 036 INDOOR INDOOR Wing ML -2452- WiNG ANT 6 PORT PATCH ANT 6 PORT PATCH I Month P,rA6M6- Wireless AN'ri-,".NNA AN'ri-,".NNA Warranty 036 Wing ML -2452- WiNG ANT 6 PORT PATCH ANT 6 PORT PATCH I Month P,rA6X6-03 6 Wireless AN'ri-,".NNA AN'ri-,".NNA Warranty Wing ML -2452- WiNG ANT3 PORT DI- SECTOR ANT3 PORT DUAL I Month SEC6M3- Wireless 36 IN CB L NI ALE BAND SEC'rOR Warranty N36 AN'ri-,".NNA wim 36 Wing INCH CABLE AND NMALE CONNEC'rOR Attachment D Page 341 of 471 Page 497 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ML -2452- WiNG AN'r WIDE BEAM DUAL POLARIZED I Month SEC61 4- Wireless DIR36IN CBI- DUAL BAND WIDE Warranty 036 RPSMAMALE BEAM DIREC'rIONAI- In AN'ri-,".NNA wim 36 INCH CABLE AND RPSMAMALE CONNEC'rOR ML -2452- WiNG ANT DUAL SECTOR DUAL BAND SECTOR I Month SEC61 4- Wireless wim 30IN CBI- N CONN wim 30 INCH CABLE Warranty N30 AND N CONNEC'rORS Wing ML -2452- WiNG ANT WIDE BEAM DUAL POLARIZED I Month SEC61 4- Wireless DIR36IN CBI- NI ALE DUAL BAND WIDE Warranty N36 CONN BEAM DIREC'rIONAI- In AN'ri-,".NNA wim 36 INCH CABLE AND NI ALE CONNEC'rOR ML -2452- WiNG ANT 3 DUAL BAND ANT 3 DUAL BAND I Month VM1 3M3- Wireless E[-EmI-,".N'rs vmm EI-1-,".M1-,".N'rs vmm Warranty 036 AN'ri-,".NNA AN'ri-,".NNA Wing ML -2452- WiNG 3 PORT DUAL BAND 3 PORT DUAL BAND I Month VM1 5M3- Wireless vmm AN'ri-,".NNA vmm AN'ri-,".NNA Warranty N72 Wing ML -2499- WING AN'r2AGHZ7DBIINDOO AN,r2.4CII-IZ7DBIINDO 3 Month 12/31/ 7PNA2-01R Wireless R65 DEGREE PNI. O 6 DEGREE PNL Warranty 2013 Wing ML -2499- WING Antenna 2G I 4dB Di it Antenna 2.4 GI-Iz Outdoor 3 Month 06/30/ BYGA2-01R Wireless 'hype Yagi Gain (Net) Warranty 2020 14.2dBi (13.9dBi) Beam Wing Width EPlane 30 degrees FIPlane 35 degrees Cable 12 inches Connector Type N Female ML -2499- WING Antenna 2G5dBOmni Antenna 2.4 GI-Iz Outdoor I Month FSI IPA5-01R Wireless Type Dipole Array (Pipe) Warranty Omni Directional 5 dBi In Beam Width EPlane 25 degrees FIPlane 360 degrees Connector type N Male ML -2499- WING Antenna 2G9dBOmni Antenna 2.4 GI-Iz Outdoor 3 Month 06/30/ F1-IPA9-01R Wireless 'hype Dipole Array (Pipe) Warranty 2020 OmniDirectional 9 dBi In Beam Width EPlane 14 degrees FIPlane 360 degrees Connector type N Male Attachment D Page 342 of 471 Page 498 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ML -2499- WING AN'r 2AGI-IZ 3.3DBI AN'r 2AGHZ 3.3DBI I Month 14PA3-02R Wireless DIPOLE AN'ri-,".NNA DIPOLE AN'ri-,".NNA Warranty Wing ML -2499- WING ANTT".NNA ourDOOR Outdoor Rated Type I Month 14PA4-01 Wireless 4dBi 2AGI-IZ Dipole Gain 4dBi Warranty 2AGI-Iz Connector NMale Wing ML -2499- WING ANTT".NNA ou'FDOOR Environment Outdoor I Month HPA8-01 Wireless 8dBi 2AGI-IZ Rated 'hype Dipole Gain 8 Warranty dBi 2AGI-Iz Connector Wing NMale ML -5299- WING ANT5.5 GFIZ DP ANT5.5 GFIZ DP I Month APAI-01R Wireless AJ2DBICBI- OSMARPF AJ2DBICBI- OSMARPF Warranty Wing ML -5299- WING Antenna 5G6dBOmni Antenna 5 GI-Iz Outdoor I Month FI-IPA6-OIR Wireless Type Dipole Array (Pipe) Warranty Omnidirectional 6 dBi Wing Beam Width EPlane 16 degrees HPlane 360 degrees NMale connector type ML -5299- WING ANTT".NNA ou'FDOOR Environment Outdoor I Month 14PAIO-01 Wireless lOdBi 5GI-IZ Rated 'hype Dipole Gain Warranty 10 dBi 5.0GI-Iz4.9GI-Iz Wing Connector NMale ML -5299- WING Antenna 5G5dBOmni Antenna 5 GI-Iz Outdoor I Month 14PAI-OIR Wireless 'hype Dipole Array (Pipe) Warranty Gain (Net) 5.9dBi (5dBi) Wing Beam Width EPlane 17 degrees HPlane 360 degrees Cable 36 inches Connector RPSMA Male ML -5299- WING ANTT".NNA Outdoor Rated Type I Month HPA5-01 Wireless ou'rDOOR5dBi 5GI-IZ Dipole Gain 5dBi 5.0GI-Iz Warranty Connector NMale Wing ML -5299- WING Antenna 5GI3dBDir Antenna 5 GI-Iz Outdoor 3 Month 06/30/ WPNAI-OIR Wireless Type Panel Gain (Net) Warranty 2020 14.2dBi (13dBi) Beam Wing Width EPlane 27 degrees HPlane 31 degrees Cable 36 inches Connector RPSMA Male MOD- WING SENSOR MODULE SENSOR MODULE I Month 07/13/ 8XXX- Wireless AMBii-,".N,r AMBiEN'r Warranty 2022 OOOIE-WW F,,NVIRONMI-,".N,r ENVIRONmi-,".N'r Wing MIjX- Modular CWDM MIJX 4 1 Year 05/30/ CWDM-01 Interfaces CANNIE LOBAND Warranty 2024 Attachment D Page 343 of 471 Page 499 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. M(jX- Modular RACK MOIJN'r PANEL RACK MO(JN'r PANEL, I Year 12/31/ RACK -01 Interfaces 1 (J 1 (J Warranty 2024 NIBI-32- SRA NETIRON XMR/MI-X NetIron XMR/MI-X and I Year FurR BIGIRON RX32 AIR Flur Bi Iron RX32 air filters Warranty for 32slot chassis 2 filter kit NIBI-32- SRA 32Si-o,r NETIRON 32Slot NetIron I Year PSFAN XMR/MI-X BIGIRON XMR/MI-X and Bi Iron Warranty RX SPA RX spare power supply fan (I fan) NI-CE2000- SRA SPARE FANTRAY FOR Spare fan tray for NetIron I Year FAN NI CER/CES SERIES CES and NetIron CER Warranty Series NI -CER- SRA ADV SRVS PREM SW Advanced Services I Year 2024-ADVIJ FOR NI CER 24POR'r Premium upgrade for Warranty R'rR NetIron CER 2000 24port routers (NetIron CER 20240 NetIron CER 20241) NI -CER- SRA S/WPPADV SRVS PREM Advanced Services Software 2024- LIC CER 24POR'r R'rR Premium software Warranty ADV(J-SW upgrade for NetIron CER 2000 24port routers (NetIron CER 20240 NetIron CER 20241) NI -CER- SRA S/WPPADV SRVS PREM Advanced Services Software 2048- LIC CER 48POR'r R'rR Premium software Warranty ADV(J-SW upgrade for NetIron CER 2000 48port routers (NetIron CER 20480 NetIron CER 2048F NetIron CER 2048CX NetIron CER 2048FX) NI -CES- SRA S/WPPI-3 PREM LIC CES Layer 3 Premium software Software 2024-1-3 (J- 24POR'r swrrcums upgrade for NetIron CES Warranty SW 2000 24port switches (NetIron CES 20240 NetIron CES 20241) NI -CES- SRA S/WPPMF`. PREM LIC CES Metro Edge Premium Software 2024-ME',(J- 24POR'r swrrcums software upgrade for Warranty SW NetIron CES 2000 24port switches (Netiron CES 20240 NetIron CES 20241) Attachment D Page 344 of 471 Page 500 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NI -CES- SRA S/WPPI-3 PREM LIC CES Layer 3 Premium software Software 2048-1-3 (J- 48POR'r swrrcums upgrade for NetIron CES Warranty SW 2000 48port switches (NetIron CES 2048C NetIron CES 2048F NetIron CES 2048CX NetIron CES 2048FX) NI -CES- SRA S/WPPMF". PREM LIC CES Metro Edge Premium Software 2048-1 f-,",(1- 48POR'r swrrcums software upgrade for Warranty SW NetIron CES 2000 48port switches (Netiron CES 2048C NetIron CES 2048F NetIron CES 2048CX NetIron CES 2048FX) NI -MI -X- SRA NI MI -X 8PORT IOC113E Brocade MI -X Series I Year IOGX8-M (M) Si PP MO D (JI -E eight (8)port I 0GbE (M) Warranty module with lPv4/lPv6/MPI-S hardware support requires SI PP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules NI -X-16-8- SRA M[-X/XMR 16 8si-C3'r HI MI-Xe/M[-X/XMR high I Year I-ISF SPI -,".I -,".D FABRIC MOD speed switch fabric Warranty module for Not and 16slot chassis NI -X-16- SRA NI XMR/MI-X 16Si-o,r NetIron XMR/MI-X air I Year Fur AIR FlurER filter for 16slot chassis Warranty NI -X-32- SRA NI MI-Xl-,"./XMR/M[-X MI-Xe/M[-X/XMR high I Year I-ISF 141CII-I SPEED SF32SI- speed switch fabric Warranty CHAS module for 32slot chassis NI -X-4- SRA NI XMR/MI-X 4Si-o,r AIR NetIron XMR/MI-X air I Year Fur FlurER filter for 4slot chassis Warranty NI-X-4-HSF SRA M[-X/XMR 4si-o'r HI MI-Xe/M[-X/XMR high I Year SPI -,".I -,".D FABRIC MOD speed switch fabric Warranty module for 4slot chassis NI -X-8- SRA NI XMR/MI-X 8si-o'r AIR NetIron XMR/MI-X air I Year Fur FlurER filter for Not chassis Warranty NI-X-IPNI- SRA NETIRON XMR/MI-X NetIron XMR/MI-X I Year IN'rERFACE MODULE Series interface module Warranty PANEL blank panel NI-X-MPNI- SRA NETIRON XMR/MI-X NetIron XMR/MI-X I Year MANAG1-,";lI-,".N'r Series management Warranty MODULE PANEL module blank panel Attachment D Page 345 of 471 Page 501 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NI -X- SRA NE' IRON XMR/M[-X NetIron XMR/M[-X I Year PWRPNL POWER SUPPLY PANEL power supply blank panel Warranty FOR I for 16 and 8slot chassis NI -X- SRA NIXMR/M[-X 4S[-o,r NetIron XMR/M[-X I Year PWRPNL-A CHASSIS POWER power supply blank panel Warranty SUPPLY B for 4slot chassis NI -X- SRA NIXMR/M[-X 4S[-o,r NetIron XMR/M[-X I Year SFIPNI- CHASSIS swrrCH switch fabric module Warranty FABRIC blank panel for 4slot chassis NI -X- SRA NETIRON XMR/M[-X NetIron XMR/M[-X I Year SF3PN[- swrrCH FABRIC switch fabric module Warranty BLANK PANE blank panel for 16 and 8slot chassis NMS -10 Network NIS 10 DEVICES / 100 NIS 10 DEVICES / 100 Software Manageme 'rHIN APS 'rHIN APS Warranty nt NMS -100 Network NIS 100 DEVICES/ NIS 100 DEVICES/ Software Manageme i000,rHIN APS i000,rHIN APS Warranty nt NMS -100- Network I -ICI -,".NSE UPGRADE I -ICI -,".NSE UPGRADE Software A100 -(JG Manageme N1 S100'ro N1 S100'ro Warranty nt NI SADV100 NI SADV100 NMS -100- Network UPGRADE N1 S50'ro IJPCIADE NMS50'ro Software (JG Manageme NIBS 100 NIBS 100 Warranty nt NMS -10- Network I -ICI -,".NSE UPGRADE I -ICI -,".NSE UPGRADE Software A10 -(JG Manageme N1 S10'rONMSADV10 N1 S10'rO NI SADVIO Warranty nt NMS -10 -(JG Network IJPCIADE NMS5,ro UPGRADE NMS5 TO Software Manageme NMS10 NMS10 Warranty nt NMS -25 Network NIS 25 DEVICES/ 250 NIS 25 DEVICES / 250 Software Manageme 'rHIN APS 'rHIN APS Warranty nt NMS -250 Network NIS 250 DEVICES/ NIS 250 DEVICES/ Software Manageme 2500'rHIN APS 2500rHIN APS Warranty nt NMS -250- Network I -ICI -,".NSE UPGRADE I -ICI -,".NSE UPGRADE Software A250 -(JG Manageme N1 S250'ro N1 S250'ro Warranty nt NI SADV250 NI SADV250 NMS -250- Network UPGRADENXIS100'ro UPGRADENXIS100'ro Software (JG Manageme N1 S250 N1 S250 Warranty nt Attachment D Page 346 of 471 Page 502 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -25- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software A25 -(JG Managerne N1 S25 NI SADV25 N1 S25 'rO NI SADV25 Warranty nt NMS -25 -(JG Network UPGADE NXIS10'ro UPGADE NXIS10'ro Software Managerne N1 S25 N1 S25 Warranty nt NMS -5 Network NXIS 5 DEVICES/ 50 NIS 5 DEVICES / 50 Software Managerne 'rHIN APS 'rHIN APS Warranty nt NMS -50 Network NXIS 50 DEVICES/ 500 NIS 50 DEVICES/ 500 Software Managerne 'rHIN APS 'rHIN APS Warranty nt NMS -500 Network NXIS 500 DEVICES/ NIS 500 DEVICES/ Software Managerne 5000'rHIN APS 5000rHIN APS Warranty nt NMS -500- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software A500 -(JG Managerne N1 S500'ro N1 S500'ro Warranty nt NI SADV500 NI SADV500 NMS -500- Network UPGRADE N1 S250'ro UPGRADE N1 S250'ro Software (JG Managerne N1 S500 N1 S500 Warranty nt NMS -50- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software A50 -(JG Managerne N1 S50'rO NI SADV50 N1 S50'rO NI SADV50 Warranty nt NMS -50 -(JG Network IJPCIADE NMS25'ro UPGRADE N1 S25 To Software Managerne N1 S50 N1 S50 Warranty nt NMS -5-A5- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software (JG Managerne NMS5'rO NI SADV5 NMS5'rO NI SADV5 Warranty nt NMS -A-100- Network IICI-,".NSE (JPG LICIH.NSE UPGRADE Software (JG Managerne NMSADV50'ro NMSADV50'ro Warranty nt NMSADVlOO NMSADVIO NMS -A-10- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software (JG Managerne NMSADV5'ro NMSADV5'ro Warranty nt NMSADVIO NMSADVIO NMS -A-250- Network LIC UPGRADE LIC UPGRADE Software (JG Managerne NMSADVIOO,ro NMSADVIOO,ro Warranty nt NI SADV250 NI SADV250 NMS -A-25- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software (JG Managerne NMSADVIO,ro NMSADVIO,ro Warranty nt NI SADV25 NI SADV25 NMS -A-500- Network LIC UPGRADE LIC UPGRADE Software (JG Managerne NMSADV250'ro NMSADV250'ro Warranty nt NI SADV500 NI SADV500 Attachment D Page 347 of 471 Page 503 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -A-50- Network LICE".NSE UPGRADE LICE".NSE UPGRADE Software (JG Managerne NMSADV25'ro NMSADV25'ro Warranty nt NI SADV50 NI SADV50 NMS -ADV- Network NI SADV 10 NI SADV 10 Software 10 Managerne DEVICES/100 APS DEVICES/100 APS Warranty nt NMS -ADV- Network NI SADV 100 NI SADV 100 Software 100 Managerne DEVICES/1000 APS DEVICES/1000 APS Warranty nt NMS -ADV- Network MSADV 25 MSADV 25 Software 25 Managerne DEVICES/250 APS DEVICES/250 APS Warranty nt NMS -ADV- Network NI SADV 250 NI SADV 250 Software 250 Managerne DEVICES/2500 APS DEVICES/2500 APS Warranty nt NMS -ADV- Network NI SADV 5 DEVICES/50 NI SADV 5 Software 5 Managerne APS DEVICES/50 APS Warranty nt NMS -ADV- Network NI SADV 50 NI SADV 50 Software 50 Managerne DEVICES/500 APS DEVICES/500 APS Warranty nt NMS -ADV- Network MSADV 500 MSADV 500 Software 500 Managerne DEVICES/5000 APS DEVICES/5000 APS Warranty nt NMS -ADV- Network NMSADV IJ DEVICESAJ NI SADV IJ Software (i Managerne APS DEVICES/IJ APS Warranty nt NMS -A -IJ- Network LIC UPGRADE LIC UPGRADE Software (JG Managerne NMSADV500'ro NMSADV500'ro Warranty nt NI SADVIJ NI SADVIJ NMS-BIOO- Network IJPCIADE NMSBASEIOO UPGRADE Software 100 -(JG Managerne 'rO N1 NMSBASEIOO,ro Warranty nt NIBS 100 NMS -B-100- Network UPGRADE NMSBASE50 UPGRADE Software (JG Managerne 'rO NMSBASEIOO NMSBASE50'ro Warranty nt NMSBASEIOO NMS -BIO- Network IJPCIADE NMSBASEIO UPGRADE Software 10 -(JG Managerne 'rO NI NMSBASEIO,ro Warranty nt NMS IO NMS -B250- Network UPGRADE NMSBASE250 UPGRADE Software 250 -(JG Managerne 'rO N1 S250 NMSBASE250'ro Warranty nt NMS250 NMS -B-250- Network IJPCIADE NMSBASEIOO UPGRADE Software (JG Managerne 'rO NMSBASE250 NMSBASEIOO,ro Warranty nt NMSBASE250 Attachment D Page 348 of 471 Page 504 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -1325- Network UPGRADE N1 SBASE25 UPGRADE Software 25 -(JG Managerne 'rO N1 S25 N1 SBASE25 'ro Warranty nt NMS25 NMS -13-25- Network lJPGADE NMSBASElO UPGRADE Software (JG Managerne 'rO N1 SBASE25 NMSBASElO'ro Warranty nt N1 SBASE25 NMS -13500- Network UPGRADE N1 SBASE500 UPGRADE Software 500 -(JG Managerne 'rO N1 S500 N1 S13ASE500'ro Warranty nt NMS500 NMS -13-500- Network UPGRADE N1 SBASE250 UPGRADE Software (JG Managerne 'rO N1 SBASE500 N1 S13ASE250'ro Warranty nt N1 SBASE500 NMS -1350- Network UPGRADE N1 SBASE50 UPGRADE Software 50 -(JG Managerne 'rO N1 S50 N1 S13ASE50'ro Warranty nt NMS50 NMS -13-50- Network UPGRADE N1 SBASE25 UPGRADE Software (JG Managerne 'rO N1 SBASE50 N1 SBASE25 'ro Warranty nt N1 SBASE50 NMS -BASE- Network BASE NXIS 10 DEVICES BASE NMS 10 Software 10 Managerne / ioo,rHIN APS DEVICES / ioo,rHIN Warranty nt APS NMS -BASE- Network BASE NMS 100 BASE NMS 100 Software 100 Managerne DEVICES / i000,rHIN DEVICES / i000,rHIN Warranty nt APS APS NMS -BASE- Network BASE NXIS 25 DEVICES BASE NXIS 25 Software 25 Managerne / 250'rHIN APS DEVICES / 250 'THIN Warranty nt APS NMS -BASE- Network BASE NXIS 250 BASE NXIS 250 Software 250 Managerne DEVICES / 2500'rHIN DEVICES / 2500'rHIN Warranty nt APS APS NMS -BASE- Network BASE NXIS 50 DEVICES BASE NXIS 50 Software 50 Managerne / 500'rHIN APS DEVICES / 500 'THIN Warranty nt APS NMS -BASE- Network BASE NXIS 500 BASE NXIS 500 Software 500 Managerne DEVICES / 5000 'THIN DEVICES / 5000'rHIN Warranty nt APS APS NMS -BASE- Network BASE NXIS U DEVICES/ BASE NXIS U DEVICES Software Managerne u 'rHIN APS u'rHIN APS Warranty nt NMS -B -(J- Network UPGRADE N1 SBASE500 UPGRADE Software (JG Managerne 'rO NMSBASEIJ N1 S13ASE500'ro Warranty nt NMSBASEIJ NMS-BIJ-(J- Network UPGRADE NMSBASEIJ UPGRADE NMSBASEIJ Software (JG Managerne 'rO NMS[J 'rO NMS[J Warranty nt Attachment D Page 349 of 471 Page 505 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -K-12 Network NE'rsiciurr FOR K12 NE'rSIGI-I'r FOR K12 Software Managerne Warranty nt NMS -IJ Network NMS U DEVICES/ U NMS U DEVICES/ U Software Managerne 'rHIN APS 'rHIN APS Warranty nt NMS-IJ-AIJ- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software (JG Managerne FROM NMS(J'ro FROM NMS(J'ro Warranty nt NMSADVIJ NMSADVIJ NMS-IJ-IJG Network UPGRADE N1 S500 UPGRADE NM S 5 00 TO Software Managerne NMS(J NMS(J Warranty nt NS -A-20 Network NE'rsicifrr APPLIANCE NE'rsicifrr APPLIANCE I Year 12/29/ Managerne REQUIRES I -ICI -,",NSE REQUIRES I -ICI -,-,NSE Warranty 2022 nt NS-(JSER Network NE'rsiciurr NE'rSIGH'r Software 03/30/ Managerne AI DrrIONAI- AI DI'rIONAL Warranty 2020 nt cowuRREN'r cu-EN'r CONCIJRREN'r cui-,".N'r NX -4500- WiNG NX4500 TIFS RED AP NX4500TIERED AP Software AP -12 Wireless IICI-,-.NSE (CO(JN-r 12) I -ICI -,-.NSE (CO(JN-r 12) Warranty NX -4500- WiNG NX4500 TIFF RED AP NX4500TIERED AP Software AP -24 Wireless IICI-,-.NSE (CO(JN-r 24) I -ICI -,-.NSE (CO(JN-r 24) Warranty NX -4500- WiNG NX4500 TIFF RED AP NX4500TIERED AP Software AP -48 Wireless IICI-,-.NSE (CO(JN-r 48) I -ICI -,-.NSE (CO(JN-r 48) Warranty NX -4500- WiNG I-IC1-,".NSECON'rT".N'r LIC1-,".NSECON'rT".N'r Software CACH-LIC Wireless CACHE FOR NX45XX CACHE FOR NX45XX Warranty NX -5500- WiNG NX5500 SERVICES NX5500 SERVICES I Year 100R0 -WR Wireless PLA'rFORM PLA'rFORM Warranty Wing NX -5500- WiNG I-ICI-,".NSE128X AP I-ICI-,".NSE128X AP Software ADP -128 Wireless I -ICI -,".NSE PACK FOR [.ICI -,".NSE PACK FOR Warranty NX5500 NX5500 NX -5500- WiNG I-ICI-,".NSE16X AP I-ICI-,".NSE16X AP Software ADP -16 Wireless I -ICI -,".NSE PACK FOR [.ICI -,".NSE PACK FOR Warranty NX5500 NX5500 NX -5500- WiNG I-ICI-,".NSE64X AP I-ICI-,".NSE64X AP Software ADP -64 Wireless I -ICI -,".NSE PACK FOR [.ICI -,".NSE PACK FOR Warranty NX5500 NX5500 NX5500E- WiNG NX5500E EXPRSS NX5500E EXPRESS I Year 04/17/ 100R0- Wireless MANAG1-,RS PLA'rFORM MANAGIH.RS Warranty 2023 APME APAC PLA'rFORM APAC Wing REGION NX -5500E- WiNG EXPRESS MANAG1-,R EXPRESS MANAGIH.R I Year 04/17/ 100R0 -WR Wireless PLA'rFORM PLA'rFORM Warranty 2023 Wing Attachment D Page 350 of 471 Page 506 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NX -6500- WiNG NX6500 'rIERE D AP NX6500'rIERED AP Software AP -12 Wireless IICI-,-.NSE (CO(JN-r 12) I -ICI -,-.NSE (CO(JN-r 12) Warranty NX -6500- WiNG NX6500 TIERED AP NX6500TIERED AP Software AP -24 Wireless I.ICI-,-.NSE (CO(JN-r 24) I -ICI -,-.NSE (CO(JN-r 24) Warranty NX -6500- WiNG NX6500 TIERED AP NX6500TIERED AP Software AP -48 Wireless I.ICI-,-.NSE (CO(JN-r 48) I -ICI -,-.NSE (CO(JN-r 48) Warranty NX -6500- WiNG I,ICI-,".NSECON'rT".N'r I-ICI-,".NSECON'rT".N'r Software CACH-LIC Wireless CACHE FOR NX65XX CACHE FOR NX65XX Warranty NX -7500- WiNG NX 7500 2PORT 10G NX 7500 2PORT 10G I Year l0G-NMC Wireless SFP+ NMC MODULE SI P+ NMC MODULE Warranty Wing NX -7500- WiNG NX 7500 4POR'r IG SIP NX 7500 4POR'r IG SIP I Year lG-NMC Wireless NMC MODULE NMC MOD (JI -E Warranty Wing NX -7500- WiNG NX 7500 AC POWER NX 7500 AC POWER I Year AC-PSIJ Wireless SUPPLY SUPPLY Warranty Wing NX -7500- WiNG IICI-,".NSI-,".NX 7500 1024 I-ICI-,".NS1-,".NX 7500 1024 Software ADP -1024 Wireless PACK ADAP'rIVE AP PACK ADAP'rIVE AP Warranty NX -7500- WiNG IICI-,".NSI-,".NX 7500 256 I -ICI -,".NSI -,".NX 7500 256 Software ADP -256 Wireless PACK ADAP'rIVE AP PACK ADAP'rIVE AP Warranty NX -7500- WiNG LIC1-,".NSI-,".NX 7500 64 I -ICI -,".NSI -,".NX 7500 64 Software ADP -64 Wireless PACK ADAP'rIVE AP PACK ADAP'rIVE AP Warranty NX -7500- WiNG IICI-,".NSI-,".NX 7500 8 I -ICI -,".NSI -,".NX 7500 8 Software ADP -8 Wireless PACK ADAP'rIVE AP PACK ADAP'rIVE AP Warranty NX -7500- WiNG IICI-,".NSI-,".NX 7500 I -ICI -,".NSI -,".NX 7500 Software ADSEC-LIC Wireless ADVANCED SECIJRI'rY ADVANCED Warranty SEC(JRI'rY NX -7500- WiNG NX 7500 DC POWER NX 7500 DC POWER I Year DC-PSIJ Wireless SUPPLY SUPPLY Warranty Wing NX -7500- WiNG NX 7530 50OC113 SPARE, NX 7530 50OC113 SPARE, I Year FII -500GB Wireless 14ARD DRIVE HARD DRIVE Warranty Wing NX -7500- WiNG NX 7500 MOUNTING KIT NX 7500 MOUNTING I Month RAIL Wireless SLIDING RAILS K1'r SLIDING RAILS Warranty Wing NX -7500- WiNG NX 7500 IC113PS I-ONG NX 7500 IC113PS I-ONG I Year SIP -I -X Wireless RANGF,". SIP XCVR RANGF,". SIP XCVR Warranty Wing NX -7500- WiNG NX 7500 IOC113PS LONG NX 7500 IOC113PS LONG I Year SI PPI --1-X Wireless RANGF,". SFP+ XCVR RANGF,". SFP+ XCVR Warranty Wing NX -7500- WiNG NX 7500 IOC113PS SHORT NX 7500 IOC113PS I Year SI PPI --SX Wireless RANGF,". SFP+ XCVR SHOR'r RANGF,". SFP+ Warranty XCVR Wing Attachment D Page 351 of 471 Page 507 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NX -7500- WiNG NX 7500 IC113PS SHOR'r NX 7500 IC113PS SI -FC R'r I Year SF P -SX Wireless RANCIF"", SF P XCVR RANCIF"", SF P XCVR Warranty Wing NX -7510- WiNG NX 7510 INTEGRATED NX 7510 INTEGRATED I Year 100RO-WR Wireless SVC PLA'rFORM SVC PLA' ICOR Warranty Wing NX7510E- WiNG NX 75 1 OE EXPRESS NX 7510E EXPRESS I Year 04/17/ 100 t0- Wireless MANAG1-,R PLA' ICOR MANACII-,".R PLA' ICOR Warranty 2023 APME APAC APAC REGION Wing NX -7510E- WiNG NX 75 1 OE EXPRESS NX 7510E EXPRESS I Year 04/17/ 100RO-WR Wireless MANAG1-,R PLA' ICOR MANACII-,".R PLA' ICOR Warranty 2023 Wing NX -7520- WiNG NX 7520 INTEGRATED NX 7520 INTEGRATED I Year 100RO-WR Wireless SVC PLA'rFORM SVC PLA' ICOR Warranty Wing NX -7530- WiNG NX 7530 IN'rEGRA'rED NX 7530 IN'rEGRA'rED I Year 100RO-WR Wireless SVC PLA'rFORM SVC PLA' ICOR Warranty Wing NX -9000- WiNG I-ICI-,".NSE1024 ADP AP I-ICI-,".NSE1024 ADP AP Software 10241 -IC- Wireless FOR NX 9000 FOR NX 9000 Warranty WR NX -9000- WiNG I-ICI-,".NSE128 ADP AP I-ICI-,".NSE128 ADP AP Software 1281 -IC -WR Wireless FOR NX 9000 FOR NX 9000 Warranty NX -9000- WiNG I-ICI-,".NSE8 PACK FOR I-ICI-,".NSE8 PACK FOR Software 81 -IC -WR Wireless NX 95XX NX 95XX Warranty NX -9000- WiNG I-ICI-,".NSEADVANCED LICF,".NSEADVANCED Software ADVSEC- Wireless SEC(JRI'rY FOR NX 9000 SEC(JRI'rY FOR NX Warranty LIC 9000 NX -9600- WiNG NX 9600 AirDefense NX 9600 AirDefense I Year 100AD-WR Wireless Appliance Appliance. Must purchase Warranty platform license Wing SPSWSVPI with this controller. NX -9600- WiNG NX 9600 INTEGRATED NX 9600 INTEGRATED I Year 100RO-WR Wireless SERVICES PLA' ICOR SERVICES PLA'rFORM Warranty Wing NX -9600- WiNG NX 9600 HARD DRIVE NX 9600 HARD DRIVE I Year HD -ACC Wireless (2-rB) ACCESSORY (2-rB) ACCESSORY Warranty Wing NX -9600- WiNG NX 9600 POWI-,",R NX 9600 POWER I Year PSIJ-ACC Wireless SUPPLY ACCESSORY SUPPLY ACCESSORY Warranty Wing NX -9610- WiNG NX 9610 INTEGRATED NX 9610 INTEGRATED I Year 100RO-WR Wireless SERVICES PLA' ICOR SERVICES PLA'rFORM Warranty Wing Attachment D Page 352 of 471 Page 508 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NX9- WING NX9XXX Nsiciurr PERP NX9XXX Nsiciurr Software Nsiciurr-i Wireless LIC FOR I AP PERPE'r[JAL I -ICI -,".NSE Warranty FOR I AP NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr- Wireless LIC FOR 1024 APS PERPE'r[JAL I -ICI -,".NSE Warranty 1024 FOR 1024 APS NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr-16 Wireless LIC FOR 16 APS PERPE'r[JAL I -ICI -,".NSE Warranty FOR 16 APS NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr- Wireless LIC FOR 2048 APS PERPE'r[JAL I -ICI -,".NSE Warranty 2048 FOR 2048 APS NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr- Wireless LIC FOR 256 APS PERPE'r[JAL I -ICI -,".NSE Warranty 256 FOR 256 APS NX9- WING NX9XXX Nsiciurr PERP NX9XXX Nsiciurr Software Nsiciurr-64 Wireless LIC FOR 64 APS PERPE'r[JAL I -ICI -,".NSE Warranty FOR 64 APS PD -3501G- WING SINGLE PORT 8023AF SINGLE PORT 8023AF I Year F, N, r Wireless MIDSPAN DEVICE MIDSPAN DEVICE Warranty PD-9001GO- WING ourDOOR 8023AT POE ourDOOR 8023AT I Year F, N, r Wireless SINGLE PC R'r MIDSPAN POE SINGLE PC R'r Warranty MIDSPAN PD-9001CIR- WING SINGLE PORT 8023AT SINGLE PORT 8023AT I Year F, N, r Wireless compuwr MIDSPAN compuwr MIDSPAN Warranty PD-9501GO- WING SINGLE PORT 8023AT SINGLE PORT 8023AT I Year F, N, r Wireless Puffs ou'rDOOR Puis ou'rDOOR Warranty MIDSPAN MIDSPAN PD- WING MOUNTING BRACKET MOUNTING BRACKET I Year MBKOur Wireless FOR ou'rDOOR FOR ou'rDOOR Warranty MIDSPANS MIDSPANS PV -50K- AppID EA SYS 50K FPM HW EXT RE, mf". ANAL Y'ric s I Year 01/21/ SYS DEPL system Application Warranty 2025 management for 50K Flows/Minute using analytics engine PV -50K- AppID EA SYS 50K FPM HW EXT RE, mf". ANAL Y'ric s I Year SYS -2 W[PAS SYS 50K FPM HW Warranty W[PAS PV -A-300 AppID EA APPLIANCE EXT RE, mf". ANAL Y'ric s I Year 12/29/ (HARDWARE, ONLY) APPLIANCE Warranty 2022 (HARDWARE, ONLY PV -A-300- AppID I OG INTERFACE I OG INTERFACE I Year I OG-IJG UPGRADE FOR PVA305 UPGRADE FOR PV -A- Warranty 300 Attachment D Page 353 of 471 Page 509 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. PV -FC -180 Apply EA APP SIHNSOR 4 SFP+ EX'rRE, mi-,". ANALY'rics I Year PORTS APP SIHNSOR 4 SFP+ Warranty PORTS PV -FC -180- Apply FAA Purview Application PURVIEW APP I Year 01/15/ G Sensor w/ 2 PSB SIH NSOR, 4 SFP+ Warranty 2025 POR-rs(-rAA) PV -FPM- Apply EA LICIHNSE 100K FPM EXTREME ANALY'rics Software 100K LICIHNSE 100K FPM Warranty PV -FPM -1M Apply EA LICIHNSE IM FPM EXTREME ANALY'rics Software LICIHNSE IM FPM Warranty I PV -FPM -3M Apply EA LICIHNSE FOR 3M EXT RE, KIT". ANAL Tric s Software FPM LICIHIon SE FOR 3M FPM Warranty PV -FPM- Apply EA LICIHNSE 500K FPM EXTREME ANALY'rics Software 500K LICIHNSE 500K FPM Warranty PV -FPM- Apply EA LICIHNSE 50K FPM EXTREME ANALY'rics Software 50K LICIHNSE 50K FPM Warranty PV-V50K- Apply EA SYS 50K FPM VIRT EXT RE, Kif". ANAL Y'r ic s I Year 01/21/ SYS DEPL system Application Warranty 2025 management for 50K Flows/Minute using virtual analytics engine PV -V -50K- AppID EA SYS 50K FPM VIRT EXT RE, mi-,". ANAL Y'r ic s I Year SYS -2 W[PAS SYS 50K FPM VIR'r Warranty W[PAS PWR- WiNG PWR SUPPLY POWER SUPPLY I Month BGA48VI20 Wireless 100240VAC 48VDC 2.5A INFRAs,rRtjc,r(JREPO Warranty WOWW WHIZ BRICKACDC2.5 A Wing 48VDC 120W PWR- WiNG PS ACDCO.93 A 45W POWER SUPPLY I Month BGA48V45 Wireless INFRAsmuuruRE, ADAP'rORPOWER Warranty WOWW BRICKACDCO.93 Wing APOWER SUPPLY INF RAs,rRtjc,r(JREPO WER BRICKACDCO.9375 A 45W QSFP-SFPP- Modular 100113 QSFP+SIS P+ 100113, QSFP+-SFP+ I Year AF P'r Interfaces ADAP'rOR ADAP'rOR Warranty RAN4054A WING ANTT".NNA ou'rDOOR 8 Environment Outdoor I Year 06/30/ Wireless dBi 2AG1-IZ Rated Down tilt 'Type Warranty 2020 Dipole Gain 8 dBi 2AG1-Iz Connector NMale RFS -4000- WING LICIHNSE12 ADAPTIVE LICIHNSE12 ADAPTIVE Software 12ADP-1-IC Wireless FOR R 5400 FOR RFS4000 Warranty RFS -4000- WiNG LICIHNSE24 ADAPTIVE LICIHNSE24 ADAPTIVE Software 24ADP-1-IC Wireless FOR R 5400 FOR RFS4000 Warranty Attachment D Page 354 of 471 Page 510 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. RFS -4000- WiNG I-ICF".NSE48 ADAP'riVE LICF".NSE48 ADAP'riVE Software 48ADP-1-IC Wireless FOR RFS4000 FOR RFS4000 Warranty RFS -4000- WING IICI-,".NSE RFS4000 LICF".NSE RFS4000 Software 6ADP-1-IC Wireless SERIES 6 ADP SERIES 6 ADP Warranty RFS -4010- WING RFS400OW/ INT POE +PS RFS400OW/ I Year 00010 -WR Wireless IN'r.POE +PS Warranty Wing RFS -4010- WiNG RFS400OW/ INTPOE+PS RFS400OW/ I Year 07/17/ 00010-ZIJS Wireless IN'r.POE+PS Warranty 2023 Wing RFS -4010- WiNG RACK MOUNTFRAY I[1 RACK MOUNT TRAY I Month m,rK,r i u- Wireless RF' 54010 IIJ F' 54010 Warranty WR Wing RFS -4011- WiNG Summit WM3411 Rack Summit WM3411 Rack I Year 06/30/ m' 'r2[1- Wireless Mount Kit Mount Kit Warranty 2020 WR RFS -6010- WING KIT sWrrCH IAF; 56010 KIT sWTrCH RFS6010 I Year 06/21/ 100R0 -WR Wireless wim ZERO POR'rs wim ZERO POR'rs Warranty 2021 Wing RFS -6010- WiNG I -ICI -,".NSE ADAPTIVE AP [.ICI -,".NSE ADAP'FiVE Software ADP -128 Wireless 128 POR'rRF56000 AP 128 POR'rRF56000 Warranty RFS -6010- WiNG I -ICI -,".NSE ADAPTIVE AP [.ICI -,".NSE ADAP'FiVE Software ADP -16 Wireless 16 POR'rRF56000 AP 16 POR'rRF56000 Warranty RFS -6010- WiNG I -ICI -,".NSE ADAPTNE AP [.ICI -,".NSE ADAP'FiVE Software ADP -256 Wireless 256 POR'rRF56000 AP 256 POR'rRF56000 Warranty RFS -6010- WiNG I -ICI -,".NSE ADVANCED LICIH.NSE ADVANCED Software ADSEC-LIC Wireless SEC(1RI'rYRF56000 SEC(1RI'rYRF56000 Warranty RFS -6010- WING IICI-,".NSE 8 LICIH.NSE 8 Software t1c-08- Wireless POR'rRF56000 SERIES POR'rRF56000 SERIES Warranty WWII RFS -7010- WiNG I -ICI -,".NSE ADAPTIVE AP [.ICI -,".NSE ADAP'FiVE Software ADP -1024 Wireless 1024 POR'rRFS7000 AP 1024 POR'rRF57000 Warranty RFS -7010- WiNG I -ICI -,".NSE ADAPTIVE AP [.ICI -,".NSE ADAP'FiVE Software ADP -512 Wireless 512 POR'rRF57000 AP 512 POR'rRF57000 Warranty RFS -7010- WiNG I -ICI -,".NSE ADAPTNE AP [.ICI -,".NSE ADAP'FiVE Software ADP -64 Wireless 64 POR'rRF57000 AP 64 POR'rRF57000 Warranty RFS -7010- WiNG I -ICI -,".NSE ADVANCED LICIH.NSE ADVANCED Software ADSEC-LIC Wireless SEC(1RI'rYRF57000 SEC(1RI'rYRF57000 Warranty RFS -7010- WING UPGRADE CERT 16 UPGRADE CERT 16 Software I1C-16-WR Wireless POR'rRF57000 SERIF, POR'rRF57000 SERIF, Warranty RMK- SRA RACK MOUNT KIT FOR MI.XE32 RACK I Year 4pos,r- 32Si-o,r sys,rEMS MO1JN'r K1'r FOR A Warranty MI -XE -32 4pos-r RACK (FLUSH MO(JN'r INs'rAIJ-A'riON) Attachment D Page 355 of 471 Page 511 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. RMK-CAB- SRA FRIJ M[.XE,32 4pos'r M[-Xe32 4Post Rack Kit I Year Cil o- RACK KI'r cro Custom Federal Warranty MI -XE -32 Rack/Cabinet (Cil o). RMK-CAB- SRA MLXE,16 MOUNT KIT MLXE,16 MOUNT KIT I Year MI -XE -16 CABINE'r/4 Pos'r RACK For M[-Xe16 installation Warranty in a Cabinet or a 4 post Rack. Includes a Cable Management Comb for cable management RMK-CAB- SRA MLXE,32 RACK MOUNT MLXE,32 RACK I Year MI -XE -32 ICI' r FOR INs'ri- IN CAB MO[JN'r KI' r FOR Warranty INs'rAI,I-A'riON IN CABINE-r (RECESS KI -r) RMI,', -CAB- SRA M[-XE,4 MOUNT KIT M[-XE,4 MOUNT KIT I Year MI -XE -4 CABINE'r/4 Pos'r RACK For M[-Xe4 installation in Warranty a Cabinet or a 4 post Rack RMK-CAB- SRA M[-XE,8 MOUNT KIT M[-XE,8 MOUNT KIT I Year MI -XE -8 CABINE'r/4 Pos'r RACK For M[-Xe8 installation in Warranty a Cabinet or a 4 post Rack RMC -NI -X- SRA RACK MOUNT KIT FOR M[-Xe32 / MI -X32/ I Year 32 32Si-o,r sys,rEMS XMR32000 Rack Mount Warranty Kit for installation in a standard 2 post rack RPS9 SRA 50OW AC PWR SUPPLY 50OW AC Power supply I Year FOR NI CER/CES SERIES for NetIron CES NetIron Warranty CER and Server1ron ADX 1000 Series RPS9DC SRA 50OW DC PWR SUPPLY 50OW DC Power supply I Year FOR NI CER/CES SERIES for NetIron CES NetIron Warranty CER and and Server1ron ADX 1000 Series RPS9DC-I SRA RPS9DCIEXI-IA(1s,r 500W DC Power Supply No with supply side intake Warranty airflow Si- Modular SSE IES S1 CHASSIS A SSE IES S1 CHASSIS A I Year 04/30/ CHASSIS -A 1-3 wim FANS wim FANS Warranty 2024 Switching SI-EOS- Modular SI/SIA USE CAPACITY SI/SIA USE Software 04/30/ USE 1-3 I -ICI -,".NSE UPGRADE CAPACI'ry [.ICI -,".NSE Warranty 2024 Switching UPGRADE SI-EOS- Modular S1 VIRTUAL SWITCH S1 VIRTUAL SWITCH Software 04/30/ VSB 1-3 BONDING [.ICI -,".NSE BONDING [.ICI -,".NSE Warranty 2024 Switching Attachment D Page 356 of 471 Page 512 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SI -FAN -A Modular S I A FAN 'TRAY S1 A FAN'rRAY I Year 04/30/ 1-3 Warranty 2024 Switching 51-1 O(JN'r- Modular SI MO UNT ING IT I Year 04/30/ Krr 1-3 Warranty 2024 Switching SI -5150- Modular S1 CHASSIS 16PORTs I Year 12/31/ 10G-B(JN 1-3 SF P+ B UN D LE wim Warranty 2019 Switching 5150 53-108SFP- Modular S3 5130 108 PORT SIP I Year 12/31/ BUN 1-3 BUNDLE Warranty 2019 Switching S3- Modular SSERIES S3 SSE IES S3 I Year 04/30/ CHASSIS -A 1-3 CHAS si s/i,'AN'rRAY CHAS si s/i,'AN'r RAY Warranty 2024 Switching S3- dular S3 CHASSISA AND 4 S3 CHASSISA AND 4 1 Year 04/30/ CHASSIS- 1-3 BAY POE SHELF BAY POE SHELF Warranty 2024 POEA Switching S3- Modular S3MIDMO(JN'rKI'r I Year 04/30/ MIDMOUN 1-3 Warranty 2024 'r-KI'r Switching S3 -POE- Modular S3 4 BAY POE UPGRADE I Year 04/30/ 4BAY-(JGK 1-3 KI'r Warranty 2024 Switching 54-64SFPP- Modular S4 64 PORTS SFP+ I Year 12/31/ BUN 1-3 Warranty 2019 Switching S4- Modular SSE IES S4 SSE IES S4 I Year 04/30/ CHASSIS 1-3 CHAS si s/i,'AN'rRAY CHAS si s/i,'AN'r RAY Warranty 2024 Switching S4- Modular SSE IES S4 AND 4 BAY SSE IES S4 AND 4 1 Year 04/30/ CHASSIS- 1-3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE4 Switching S4- Modular S4MIDMO(JN'rKI'r I Year 04/30/ MIDMOUN 1-3 Warranty 2024 'r-KI'r Switching S4 -POE- Modular S4 4 BAY POE UPGRADE I Year 04/30/ 4BAY-(JGK 1-3 KI'r Warranty 2024 Switching 56-96SFPP- Modular S6 96 PORTS SFP+ I Year 12/31/ BUN 1-3 Warranty 2019 Switching S6- Modular S6 CHASSIS W S6 FANS S6 CHASSIS W S6 I Year 04/30/ CHASSIS 1-3 FANS Warranty 2024 Switching Attachment D Page 357 of 471 Page 513 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. S6- Modular SSERIES S6 AND 4 BAY SSE IES S6 AND 4 1 Year 04/30/ CHASSIS- 1-3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE4 Switching S6 -FAN Modular S6FAN I Year 04/30/ 1-3 Warranty 2024 Switching S6- Modular S6MIDMO(JN'rKI'r I Year 04/30/ MIDMOUN 1-3 Warranty 2024 'r-KI'r Switching S8- Modular S8POE4 348 PORT I Year 12/31/ 348,rRpi-- 1-3 'r RI P LE S PEI-,", D B UN D LE Warranty 2019 BUN Switching S8- Modular SSE IES S8 SSE IES S8 I Year 04/30/ CHASSIS 1-3 CHAS si s/i,'AN'r RAYS CHAS sis/i,'AN'rRAYS Warranty 2024 Switching S8- Modular SSE IES S8 AND 4 BAY SSE IES S8 AND 4 1 Year 04/30/ CHASSIS- 1-3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE4 Switching S8- Modular SSE IES S8 AND 8 BAY SSE IES S8 AND 8 1 Year 04/30/ CHASSIS- 1-3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE8 Switching S8- Modular S8MIDMO(JN'rKI'r I Year 04/30/ MIDMOUN 1-3 Warranty 2024 'r-KI'r Switching S8 -POE- Modular S8 4 BAY POE UPGRADE I Year 04/30/ 4BAY-(JGK 1-3 KI'r Warranty 2024 Switching S8 -POE- Modular S8 8 BAY POE UPGRADE I Year 04/30/ 8BAY-(JGK 1-3 KI'r Warranty 2024 Switching S -AC -PS Modular SSE IES AC POWER I Year 04/30/ 1-3 SUPPLY S3/S4/S8 Warranty 2024 Switching S -AC -PS- Modular 15 AMP S POWER I Year 04/30/ 15A 1-3 SUPPLY Warranty 2024 Switching S -AC -PS -G Modular SSE IES AC POWER I Year 04/30/ 1-3 SUPPLY S3/S4/S6/S8 Warranty 2024 Switching 'rAA S -DC -PS Modular SSE IES DC POWER I Year 04/30/ 1-3 SUPPLY S3/S4/S8 Warranty 2024 Switching S-EOS- Modular SSFP RIES FLOW SSERIES FLOW Software FLOW 1-3 CAPAcrry [.ICI -,".NSE CAPACI'ry [.ICI -,".NSE Warranty Switching Attachment D Page 358 of 471 Page 514 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. S-EOS- Modular SSERIES MACSEC Software 04/30/ KMACSEC L3 LICE".NSE Warranty 2024 Switching S-EOS-1-3- Modular 5130 CLASS ROuTING 5130 CLASS ROUTING Software 04/30/ 5130 1-3 LICE".NSE LICE".NSE Warranty 2024 Switching S-EOS-1-3- Modular 5150 CLASS ROFFING 5150 CLASS ROUTING Software 04/30/ 5150 1-3 LICE".NSE LICE".NSE Warranty 2024 Switching S-EOS- Modular SSE IES MACSEC SSE IES MACSEC Software 04/30/ MACSEC 1-3 LICE".NSE LICE".NSE Warranty 2024 Switching S-EOS-PPC Modular PORT USE CAPACITY PORT USE CAPACITY Software 04/30/ 1-3 LICE".NSE LICE".NSE Warranty 2024 Switching S-EOS-VSB dular VIR'r(JAI, swrrCH VIR'r(JAL swrrCH Software 04/30/ 1-3 BONDING CHASSIS BONDING CHASSIS Warranty 2024 Switching LICE".NSE LICE".NSE S - FAN Modular SSE IES FANTRAY I Year 04/30/ 1-3 S3/S4/S8 Warranty 2024 Switching SG1201- Modular SIOM 48 PORT SIP W2 SIOM 48 PORT SIP W2 I Year 12/31/ 0848 1-3 op'rIONSi-o'rs op'rIONSi-o'rs Warranty 2019 Switching SG1201- Modular SI/OFAB 48 PORT SIP SI/OFAB 48 PORT SIP I Year 12/31/ 0848-176 1-3 W2 opsi-o'rs W2 opsi-o'rs Warranty 2019 Switching SG2201- Modular 5140 48PORT SIP 10 5140 48PORT SIP 10 1 Year 04/30/ 0848 1-3 Warranty 2024 Switching SG2201- Modular 5140 48PORT SIP 10 5140 48PORT SIP 10 1 Year 04/30/ 0848G 1-3 (-FAA) (-FAA) Warranty 2024 Switching SG4101- Modular SIOM 48 PORT SIP W1 SIOM 48 PORT SIP W1 I Year 04/30/ 0248 1-3 op'rION si-o'r op'rION si-o'r Warranty 2024 Switching SG4101- Modular SIOM 48 PORT SIP W1 SIOM 48 PORT SIP W1 I Year 04/30/ 0248G 1-3 op-IONsi-o-r (-FAA) op-riON si-o-r (-FAA) Warranty 2024 Switching SG5201- Modular 5155 CLASS 1/0 FABRIC 5155 CLASS 1/0 1 Year 12/31/ 0848-176 1-3 48 POR'rs SIP +2 OM FABRIC 48 POR'rs SIP Warranty 2019 Switching +2 OM SG8201- Modular S180 48PORT SIP S180 48PORT SIP I Year 04/30/ 0848-178 1-3 FABRIC FABRIC Warranty 2024 Switching Attachment D Page 359 of 471 Page 515 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SG8201- Modular S180 48POR'r SIP S180 48POR'r SIP I Year 04/30/ 0848-F 8G 1-3 FABRIC (-rAA) FABRIC (-rAA) Warranty 2024 Switching SGI-2001- Modular 48 PORTs SIP 2 PORTS 48 PORTs SIP 2 PORTs I Year 04/30/ 0850 1-3 QSFP+ S140 I/O QSFP+ S140 I/O Warranty 2024 Switching SGI-2001- Modular 48 PORT SI P2 PORTs 48 PORT SI P2 PORTs I Year 04/30/ 0850G 1-3 QSFP+S140 i/o(-rAA) QSFP+S140 i/o(-rAA) Warranty 2024 Switching SIS 1008- Modular SIOM 16 PORTs SIP SIOM 16 PORTs SIP I Year 12/31/ 0816 1-3 PLUS PLUS Warranty 2019 Switching SIS 1208- Modular SI/OFAB 8 SFP+ PORTs SI/OFAB 8 SI P+ PORTs I Year 12/31/ 0808-176 1-3 W2 opsi-o'rs W2 opsi-o'rs Warranty 2019 Switching SK2008- dular 5140 32POR'r SI PP 10 5140 32POR'r SI PP 10 1 Year 04/30/ 0832 1-3 Warranty 2024 Switching SK2008- Modular 5140 32PORT SI PP 10 5140 32PORT SI PP 10 1 Year 04/30/ 0832G 1-3 (-rAA) (-rAA) Warranty 2024 Switching SK2009- Modular 5140 24PORT iociivr io 5140 24PORT IOGBT io I Year 04/30/ 0824 1-3 Warranty 2024 Switching SK2009- Modular 5140 24PORT iociirr io 5140 24PORT IOGBT io I Year 04/30/ 0824G 1-3 (-rAA) (-rAA) Warranty 2024 Switching SK5208- Modular 155 CLASS 1/0 FABRIC 8 155 CLASS 1/0 FABRIC I Year 12/31/ 0808-176 1-3 POR'rs lOGB + 20M 8 POR'rs lOGB + 20M Warranty 2019 Switching SK8008- Modular S180 24PORT SI PP 10 5180 24PORT SI PP 10 1 Year 04/30/ 1224 1-3 Warranty 2024 Switching SK8008- Modular S180 24PORT SI PP 5180 24PORT SI PP I Year 04/30/ 1224-178 1-3 FABRIC FABRIC Warranty 2024 Switching SK8008- Modular S180 24PORT SI PP 5180 24PORT SI PP I Year 04/30/ 1224-F 8G 1-3 FABRIC (-rAA) FABRIC (-rAA) Warranty 2024 Switching SK8008- Modular S180 24PORT SI PP 10 5180 24PORT SI PP 10 1 Year 04/30/ 1224G 1-3 (-rAA) (-rAA) Warranty 2024 Switching SK8009- Modular S180 24PORT iociirr io S180 24PORT IOGBT io I Year 04/30/ 1224 1-3 Warranty 2024 Switching Attachment D Page 360 of 471 Page 516 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SK8009- Modular S180 24POR'r iociivr S180 24POR'r iociirr I Year 04/30/ 1224-178 1-3 FABRIC FABRIC Warranty 2024 Switching SK8009- Modular S180 24PORT iociirr S180 24PORT iociirr I Year 04/30/ 1224-F 8G 1-3 FABRIC (-rAA) FABRIC (-rAA) Warranty 2024 Switching SK8009- Modular S180 24PORT iociirr io S180 24PORT IOGBT io I Year 04/30/ 1224G 1-3 (-rAA) (-rAA) Warranty 2024 Switching SK8208- Modular 8 PORTs SFP+ S180 8 PORTs SFP+ S180 I Year 04/30/ 0808-178 1-3 FABRIC wim 2 OP FABRIC wim 2 OP Warranty 2024 Switching MOD MOD SK8208- Modular 8 PORTs SF P+ 5180 8 PORTs SF P+ 5180 I Year 12/19/ 0808-F8G 1-3 FABRIC W/2 OP FABRIC W/2 OP Warranty 2023 Switching MOD('rAA) MOD(-rAA) SKI -8008- Modular 8 POR'rs SF P+ 2 POR'rs 8 POR'rs SF P+ 2 POR'rs I Year 12/19/ 0810-178 1-3 QSFP+ 5180 FABRIC QSFP+ 5180 FABRIC Warranty 2023 Switching SKI -8008- Modular 8 PORTs SF P+ 2 PORTs 8 PORTs SF P+ 2 PORTs I Year 04/30/ 0810-F 8G 1-3 QSFP+S180 FAB(-rAA) QSFP+S180 FAB(,rAA) Warranty 2024 Switching S1-8013- Modular S180 6PORT QSFP 10 5180 6PORT QSFP 10 1 Year 06/24/ 1206 1-3 Warranty 2023 Switching S1-8013- Modular S180 6PORT QSFP 10 A 5180 6PORT QSFP 10 A I Year 04/30/ 1206A 1-3 Warranty 2024 Switching S1-8013- Modular S180 6PORT QSFP 10 A 5180 6PORT QSFP 10 A I Year 04/30/ 1206AG 1-3 (-rAA) (-rAA) Warranty 2024 Switching S1-8013- Modular S180 6PORT QSFP 5180 6PORT QSFP I Year 12/31/ 1206-178 1-3 FABRIC FABRIC Warranty 2023 Switching S1-8013- Modular S180 6PORT QSFP 5180 6PORT QSFP I Year 04/30/ 1206-178A 1-3 FABRIC A FABRIC A Warranty 2024 Switching S1-8013- Modular S180 6PORT QSFP 5180 6PORT QSFP I Year 04/30/ 1206-178AG 1-3 FABRIC A (-rAA) FABRIC A (-rAA) Warranty 2024 Switching SOG2201- Modular 12 PORTs SF'rYPE1 12 PORTs SF'rYPE1 I Year 04/30/ 0112 1-3 OM OM Warranty 2024 Switching SOG2201- Modular 12 PORTs SF'rYPE1 12 PORTs SF'rYPE1 I Year 04/30/ 0112G 1-3 om (-rAA) om (-rAA) Warranty 2024 Switching Attachment D Page 361 of 471 Page 517 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. S03GK2218- Modular 10SFP 2SFP+ POR'rs 10SFP 2SFP+ POR'rs I Year 04/30/ 0212 1-3 'rYPE2 OM 'rYPE2 OM Warranty 2024 Switching S03GK2218- Modular l0SFP 2SFP+ PORTS l0SFP 2SFP+ PORTS I Year 04/30/ 021201 1-3 -rYPE2 om (-rAA) -rYPE2 om (-rAA) Warranty 2024 Switching SO 2208- Modular 2 PORTS SFP+'rYPE1 2 PORTS SFP+'rYPE1 I Year 04/30/ 0102 1-3 OM OM Warranty 2024 Switching SO 2208- Modular 2 PORTS SFP+'rYPE1 2 PORTS SFP+'rYPE1 I Year 04/30/ 010201 1-3 om (-rAA) om (-rAA) Warranty 2024 Switching SO 2208- Modular 4 PORTS SFP+'rYPE1 4 PORTS SFP+'rYPE1 I Year 04/30/ 0104 1-3 OM OM Warranty 2024 Switching SO 2208- dular 4 POR'rs SFP+'rYPE1 4 POR'rs SFP+'rYPE1 I Year 04/30/ 010401 1-3 om (-rAA) om (-rAA) Warranty 2024 Switching SO 2208- Modular 4 PORTS SFP+'rYPE2 4 PORTS SFP+'rYPE2 I Year 04/30/ 0204 1-3 OM OM Warranty 2024 Switching SO 2208- Modular 4 PORTS SFP+'rYPE2 4 PORTS SFP+'rYPE2 I Year 04/30/ 020401 1-3 om (-rAA) om (-rAA) Warranty 2024 Switching SO 2209- Modular 1o01i3TTYPE2 OPTION 1o01i3TTYPE2 OPTION I Year 04/30/ 0204 1-3 MODULE MODULE Warranty 2024 Switching SO 2209- Modular 1o01i3TTYPE2 OPTION 1o01i3TTYPE2 OPTION I Year 04/30/ 020401 1-3 MODULE (-rAA) MODULE (-rAA) Warranty 2024 Switching so,r2206- Modular 12 P03RTsTRIPLETYPE1 12 PORTsTRIPLE I Year 04/30/ 0112 1-3 OM 'rYPE1 OM Warranty 2024 Switching so,r2206- Modular 12 P03RTsTRIPLETYPE1 12 PORTsTRIPLE I Year 04/30/ 011201 1-3 om (-rAA) -rYPE I om (-rAA) Warranty 2024 Switching so, K2268- Modular ToTS 2SFP+ PORTS ToTS 2SFP+ PORTS I Year 04/30/ 0212 1-3 'rYPE2 OM 'rYPE2 OM Warranty 2024 Switching so, K2268- Modular ToTS 2SFP+ PORTS ToTS 2SFP+ PORTS I Year 04/30/ 021201 1-3 -rYPE2 om (-rAA) -rYPE2 om (-rAA) Warranty 2024 Switching SOV3008- Modular 4 PORT VSB 4 PORT VSB I Year 04/30/ 0404 1-3 EXPANSION MODULE EXPANSION MODULE Warranty 2024 Switching Attachment D Page 362 of 471 Page 518 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SOV3008- Modular 4 PC R'r VSB 4 PC R'r VSB I Year 04/30/ 0404E 1-3 EXPANSION MODULE EXPANSION MODULE Warranty 2024 Switching (,FAA) (-FAA) SOV3208- Modular 2 VSB PORTTYPE2 OM 2 VSB PORTTYPE2 OM I Year 04/30/ 0202 1-3 Warranty 2024 Switching SOV3208- Modular 2 VSB PORTTYPE2 OM 2 VSB PORTTYPE2 OM I Year 04/30/ 0202G 1-3 (-FAA) (-FAA) Warranty 2024 Switching S -POE -PS Modular SSI RIES POE POWER SSI RIES POE POWER I Year 04/30/ 1-3 SUPPLY SUPPLY Warranty 2024 Switching SP-SWSV-P- WING AIRDEFI-,".NSE ADSP AIRDI-,".FI-,".NSE ADSP Software I Wireless SERVER SW LICIH.NSE SERVER SW LICIH.NSE Warranty SSA -AC -PS- Modular FAA COM[ IANT SSA I Year 04/30/ 1 OOOG 1-3 1000W PS Warranty 2024 Switching SSA -AC -PS- Modular SSA AC POWER SUPPLY S -Series Standalone (SSA I Year 01/15/ 1000W 1-3 1000W 5130 and SSA150 Class) Warranty 2025 Switching and SI Chassis - AC and PoE power supply, 15A, 110-240VAC input, (1000/1200W) SSA -AC -PS- Modular SSA AC POWER SUPPLY S -Series Standalone (SSA I Year 01/15/ 625W 1-3 625W 5130 and SSA150 Class) - Warranty 2025 Switching AC power supply, 151, 100-240VAC input, (625W) SSA-EOS- Modular SSA DOUBLE USER SSA DOUBLE USER Software 2X(1SER 1-3 CAPAcrry [.ICI -,".NSE CAPACI'ry [.ICI -,".NSE Warranty Switching SSA-EOS- Modular VIRTUAL SWITCH VIRTUAL SWITCH Software VSB 1-3 BONDING SSA LICIH.NSE BONDING SSA Warranty Switching LICIH.NSE SSA -FAN- Modular SSA AN S -Series Standalone (SSA I Year 01/15/ Krr 1-3 REP[-ACEmi-,".N,r KI'r 5130 and 5150 Class) - Warranty 2025 Switching Replacement fan assembly (Single FAN) SSA -FB -AC- Modular SSA F'rB PS 1/0 SIDE S -Series Standalone I Year 01/15/ PS -A 1-3 EXI-IA(Js,r (SSA180 Front to Back) - Warranty 2025 Switching AC power supply, 151, 100-240VAC input, I/O side exhaust SSA -FB -AC- Modular SSA F'rB PS 10 SIDE S -Series Standalone I Year PS -I3 1-3 IN'rAKE (SSA180 Front to Back) - Warranty Switching AC power supply, 15A, Attachment D Page 363 of 471 Page 519 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 364 of 471 Page 520 of 943 100-240VAC input, I/O side intake SSA -FB- Modular SSA FRONTTO BACK SSA FRONTTO BACK I Year 01/15/ FAN 1-3 FAN,rRAY FLAN ,rRAY Warranty 2025 Switching SSA -FB- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ FAN -G 1-3 SSA180 FAN ASSEMBLY SSA180 FAN Warranty 2024 Switching ASSEM131-Y SSA -FB- Modular OPTIONAL Optional Rack Mount it No 01/15/ MOIJN,rKl,r 1-3 RACKMO(JN,r KI,r FOR for the S SA 180 'Front to Warranty 2025 Switching SSA FB MODELS Back'models. SSA-GI018- Modular SSA 48 SF P AND 4 SI PP SSA 48 SIP AND 4 SI PP I Year 03/31/ 0652 1-3 POR,rs ix POR,rs ix Warranty 2021 Switching SSA -018018- Modular SSA180 F RONT To SSA180 FRONTro I Year 01/15/ 0652 1-3 BACK SF P BACK SF P Warranty 2025 Switching SSA -018018- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ A -G 1-3 SSA180 SF P wim 2 PSA SSA180 SF P wim 2 Warranty 2024 Switching PSA SSA -018018- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ B -G 1-3 SSA180 SF P wim 2 PSB SSA180 SF P wim 2 Warranty 2024 Switching PSB SSA -T1068- Modular SSA 48TS RJ45 POEAT SSA 48TS RJ45 POEAT I Year 01/15/ 0652A 1-3 AND 4 SI PP PC R,r IXA AND 4 SI PP PC R,r IXA Warranty 2025 Switching SSA -T1068- Modular SSA150ATRIPLE SPEED SSA150ATRIPLE I Year 04/30/ 0652G 1-3 POE ,rAA SPEED POE ,rAA Warranty 2024 Switching SSA -T4068- Modular SSA 48 TS RJ45 POE AT SSA 48 TS RJ45 POE AT I Year 01/15/ 0252 1-3 AND 4 SI PP PC R,r 4X AND 4 SI PP PC R,r 4X Warranty 2025 Switching SSA -T4068- Modular SSA 48 TS RJ45 POE AT 4 SSA 48 TS RJ45 POE AT I Year 04/30/ 0252-G 1-3 SI PP PC R,r 4X,rAA 4 SI PP PC R,r 4X,rAA Warranty 2024 Switching SSA -T8028- Modular SSA180 F RONT To SSA180 FRONTro I Year 01/15/ 0652 1-3 BACK rrRIPLES PEED BACK rrRIP[-ESPI-,".I-,".D Warranty 2025 Switching SSA -T8028- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ A -G 1-3 SSA180,rs wim 2 PSA SSA180,rs wim 2 PSA Warranty 2024 Switching SSA -T8028- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ B -G 1-3 SSA180,rs wim 2 PSB SSA180,rs wim 2 PSB Warranty 2024 Switching Attachment D Page 364 of 471 Page 520 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SSA-WAIJ-- Modular SSA 130 I50 CLASS SSA 5130, 5150 and I Year 01/15/ MO(JN'r 1-3 WALL MO(JN'r SSA180 class Wall Mount Warranty 2025 Switching BRACKET Bracket SSCON- Fixed 1-3 CONSOLE CABLE FOR No 11/01/ CAB SECURE s'rACK B2 AND Warranty 2023 C2 s'r 1206- Modular SIOM 48 POR'rs'rS RJ45 SIOM 48 PORTs Ts I Year 12/31/ 0848 1-3 POE A'r W2 OPSL RJ45 POE A'r W2 OPSL Warranty 2019 Switching s'r 1206- Modular SI/OFAB W48 TS AF POE SI/OFAB W48 TS AF I Year 12/31/ 0848-176 1-3 W2 onsi-urs POE W2 orrsi.o'rs Warranty 2019 Switching sT2206- Modular 5140 48PORT'rs io 5140 48PORT'rs io I Year 12/31/ 0848 1-3 Warranty 2023 Switching s,r2206- dular 5140 48POR,r,rs 10 A 5140 48POR,r,rs 10 A I Year 04/30/ 0848A 1-3 Warranty 2024 Switching sT2206- Modular 5140 48PORT'rs 10 A 5140 48PORT'rs 10 A I Year 04/30/ 0848AG 1-3 (-FAA) (-FAA) Warranty 2024 Switching sT4106- Modular SIOM 48 PORTTS RJ45 SIOM 48 PORTTS RJ45 I Year 04/30/ 0248 1-3 POE A'r wi opsi.o'r POE A'r wi opsi.o'r Warranty 2024 Switching sT4106- Modular SIOM 48P TS RJ45 POE SIOM 48P TS RJ45 POE I Year 04/30/ 0248G 1-3 A -r wi opsi-o-r (-FAA) A -r wi opsi-o-r (-FAA) Warranty 2024 Switching s' 4106- Modular SI/OFAB W48 TS AF POE SI/OFAB W48 TS AF I Year 01/30/ 0348-176 1-3 wi onsi-urs POE W1 orrsi.o'rs Warranty 2023 Switching sT4106- Modular SI/OFAB W48 TS AF POE SI/OFAB W48 TS AF I Year 04/30/ 0348-F6G 1-3 wi onsi-o-rs (-FAA) POE W1 onsi.urs Warranty 2024 Switching (-FAA) sT5206- Modular 5155 1/0 FABRIC 48 5155 1/0 FABRIC 48 1 Year 12/31/ 0848-176 1-3 POR'rs,rRIPLE4- 2 OM POR'rs,rRIPLE4- 2 OM Warranty 2019 Switching sT8206- Modular S180 48PORTTS FABRIC S180 48POR'Frs I Year 09/30/ 0848-178 1-3 FABRIC Warranty 2020 Switching sT8206- Modular S180 48PORTTS FABRIC S180 48POR'Frs I Year 04/30/ 0848-178A 1-3 A FABRIC A Warranty 2024 Switching sT8206- Modular S180 48PORTTS FABRIC S180 48POR'Frs I Year 04/30/ 0848-178AG 1-3 A (-FAA) FABRIC A (-FAA) Warranty 2024 Switching Attachment D Page 365 of 471 Page 521 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. s,rK-CAB- Fixed 1-3 21 s,rACKING CABLE 21 s,rACKING CABLE No 21 umnED S(JPPOR'r III nED S[1 PC Warranty s,rK-CAB- Fixed 1-3 51 s'FACKING CABLE 51 s'FACKING CABLE No 12/31/ 51 Warranty 2022 s,rK-CAB- Fixed 1-3 im s'FACKING CABLE im s'FACKING CABLE No LONG Warranty s,rK-CAB- Fixed 1-3 30CM s'FACKING 30CM s'FACKING No SHOR'r CABLE CABLE Warranty s,rK-RPS- Fixed 1-3 3SEur MOD (JI -AR 3SEur MOD (JI -AR I Year 1005CH3 SHELF FOR 1005W PS SHELF FOR 1005W PS Warranty s,rK-RPS- Fixed 1-3 1005W 8023AT POE 1005W 8023AT POE Limited 1005PS REDIJNDAN'r POWER RED(JNDAN'r POWER Lifetime SUPPLY SUPPLY Warranty with express Advanced Hardware Replacern ent-2 s,rK-RPS- Fixed 1-3 2SEur MO D (JI -AR 2Si-o,r MODULAR I Year 150CH2 SHELF FOR 150W RPS SHELF FOR 150W RPS Warranty s,rK-RPS- Fixed 1-3 8SEur MO D (JI -AR 8si-o'r MODULAR I Year 150CH8 SHELF FOR 150W PS SHELF FOR 150W PS Warranty s,rK-RPS- Fixed 1-3 150W NONPOE 150W NONPOE Limited 150PS REDIJNDAN'r POWER RED(JNDAN'r POWER Lifetime SUPPLY SUPPLY Warranty with express Advanced Hardware Replacern ent-2 s,rK-RPS- Fixed 1-3 500W 8023AT POE 500W 8023AT POE Limited 50OPS REDIJNDAN'r POWER RED(JNDAN'r POWER Lifetime SUPPLY SUPPLY Warranty with express Advanced Hardware Replacern ent-2 sTI-2006- Modular 48 PORTs TRIPLE 2 48 PORTs TRIPLE 2 1 Year 04/30/ 0850 1-3 POR-rs QSFP+ 5140 1/0 POR-rs QSFP+ 5140 1/0 Warranty 2024 Switching Attachment D Page 366 of 471 Page 522 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. s,rl-2006- Modular 48 PORTS 'rRIPLE 2P 48 PORTS 'rRIPLE 2P I Year 04/30/ 0850G 1-3 QSFP+ S140 i/o(-rAA) QSFP+ S140 i/o(,rAA) Warranty 2024 Switching SV -1252- WING KITAIRDEFF".NSE KITAIRDEFF".NSE I Year 07/31/ BK- I Wireless BACKUP APPLIANCE BACKUP APPLIANCE Warranty 2022 1252 1252 Wing SV -1252 -P -I WiNG KITAIRDEFF".NSE KITAIRDEFF".NSE I Year 07/31/ Wireless APPLIANCE MODEL APPLIANCE MODEL Warranty 2022 1252 1252 Wing SV -3652- WiNG KITAIRDEFF".NSE KITAIRDEFF".NSE I Year 07/31/ BK -I Wireless BACKUP APPLIANC BACKUP APPLIANC Warranty 2022 3652 3652 Wing SV -3652 -P -I WiNG KITAIRDEFF".NSE KITAIRDEFF".NSE I Year 07/31/ Wireless APPLIANCE MODEL APPLIANCE MODEL Warranty 2022 3652 3652 Wing ,rS-0524-WR WiNG 'rS0524 POWER 'rS0524 POWER I Year 06/28/ Wireless BROADBAND swrrCH BROADBAND swrrCH Warranty 2024 Wing TW -0511- WiNG TW0511 WALL PLATE TW0511 WALL PLATE Limited 07/13/ 60010-EIJ Wireless AP802.11 ABCIN EIJ AP802.11 ABCIN EIJ Lifetime 2022 Warranty Wing TW -0511- WiNG TW0511 WALL PLATE TW0511 WALL PLATE Limited 07/13/ 60010 -US Wireless AP802.11 ABCIN ITS AP802.11 ABCIN ITS Lifetime 2022 Warranty Wing TW -0511- WiNG TW0511 WALL PLATE TW0511 WALL PLATE Limited 04/13/ 60010 -WR Wireless AP802.11 ABCIN WR AP802.11 ABCIN WR Lifetime 2022 Warranty Wing TW -0522- WiNG WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 06/28/ 67030 -1 -WR Wireless N.AC. WR NAC. WR Extreme Lifetime 2024 Warranty Wing TW -0522- WING WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 07/28/ 67030-EIJ Wireless N.AC. EIJ NAC. EIJ Lifetime 2023 Warranty Wing TW -0522- WiNG WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 06/28/ 67030 -US Wireless N.AC. ITS NAC. ITS Lifetime 2024 Warranty Wing TW -0522- WING WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 07/28/ 67030 -WR Wireless N.AC. WR N.C. WR Lifetime 2023 Warranty Wing Attachment D Page 367 of 471 Page 523 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. V300 -8P -2,r- VPH V3008P2,rw V3008P2,rw 8 port Limited W 10/100/1000BASE'r Lifetime POE + ports half/full Warranty duplex 2x1000BASE'r with ports POE powered express 802.3bt type 4 fanless Advanced Hardware Replacem ent VIM5-2Q Smart VIM5 2x4OGF,", QSFP Versatile Interface Limited OmniEdge Module 5 with two Lifetime Switching 40CIbE (QSFP) ports Warranty supported on with ExtremeSwitching X465 express and VSP4900 Advanced Hardware Replacem ent VIM5-2Y Smart VIM5 2x25C!I-,"-, SFP28 Versatile Interface Limited OmniEdge Module 5 with two Lifetime Switching 25GbE (SFP28) ports Warranty supported on with ExtremeSwitching X465 express and VSP4900 Advanced Hardware Replacem ent VIM5-4X Smart VIM5 4xlOGF,". SFP+ Versatile Interface Limited OmniEdge Module 5 with four Lifetime Switching 10GbE (SFP+) ports Warranty supported on with ExtremeSwitching X465 express and VSP4900 Advanced Hardware Replacem ent VIM5-4XE Smart VIM5 4xlOGF,",", SFP+ Versatile Interface Limited OmniEdge MACsec LRM Module 5 with four Lifetime Switching l0GbE (SFP+) ports LRM Warranty MACsec capable with supported on express ExtremeSwitching X465 Advanced and VSP4900 Hardware Replacem ent Attachment D Page 368 of 471 Page 524 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. VI1 54Y Smart VI1 5 4x25GE"", SFP28 Versatile Interface Limited OmniEdge Module 5 with four Lifetime Switching 25GbE (SFP28) ports Warranty supported on with ExtremeSwitching X465 express and VSP4900 Advanced Hardware Replacem ent VI1 54YE Smart VI1 5 4x25GE"", SFP28 Versatile Interface Limited OmniEdge MACsec Module 5 with four Lifetime Switching 25GbE (SFP28) ports Warranty MACsec capable with supported on express ExtremeSwitching X465 Advanced and VSP4900 Hardware Replacem ent vmm-ANT WiNG Kl,rM[-2452VMM3M3036 Kl,rM[-2452VMM3M303 I Month CON- Wireless 259026302R 6259026302R Warranty BUNDLE Wing VSP4900- EAN VSP490048P with I I OOW VSP490048P Bundle Limited 48P-131 PSIJ Bundle includes VSP490048P and Lifetime one 1100W AC PSIJ FB Warranty (10941) with express Advanced Hardware Replacem ent VSP4900- EAN VSP490048PBlVIM52Y VSP490048P Bundle Limited 48P -BI -2Y Bundle includes one VSP490048P Lifetime one 1100W AC PSIJ FB Warranty (10941) and one VIM52Y with express Advanced Hardware Replacem ent VSP4900- EAN VSP490048PBI VI1 54X VSP490048P Bundle Limited 48P -BI -4X Bundle includes one VSP490048P Lifetime one 1100W AC PSIJ FB Warranty (10941) and one VIM54X with express Advanced Hardware Attachment D Page 369 of 471 Page 525 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 370 of 471 Page 526 of 943 Replacern ent VSP4900- FAN VSP490048PBI VI1 54XE VSP490048P Bundle Limited 48P-BI-4XE Bundle includes one VSP490048P Lifetime one 1100W AC PSIJ FB Warranty (10941) and one with VI1 54XE express Advanced Hardware Replacern ent VSP7400- FAN VSP 7432CQ VSP 7400 32 x lOOGbps I Year 32C QSFP28 ports Score CP(J Warranty 16GB RAM 128GB SSD 4post rack mount kit No PSIJ No Fans VSP7400- FAN VSP 7432CQF VSP 7400 32 x lOOGbps I Year 32C -AC -F QSFP28 ports Scare CP(J Warranty 16GB RAM 128GB SSD Single 750W AC PSIJ six fans 4post rack mount kit Front to Back Airflow VSP7400- FAN VSP 7432CQR VSP 7400 32 x lOOGbps I Year 32C -AC -R QSFP28 ports Score CP(J Warranty 16GB RAM 128GB SSD Single 750W AC PSIJ six fans 4post rack mount kit Back to Front Airflow VSP7400- FAN VSP 740048Y8C VSP 7400 48 x I Year 48Y -8C 10/25C!bps SFP28 ports 8 Warranty x lOOGbps QSFP28 ports Score CP(J 16GB RAM 128GB SSD 4post rack mount kit No PSIJ No Fans VSP7400- FAN VSP 740048Y8CACF VSP 7400 48 x I Year 48Y -8C -AC- 10/25C!bps SFP28 ports 8 Warranty F x lOOGbps QSFP28 ports Score CP(J 16GB RAM 128GB SSD Single 750W AC PSIJ six fans 4post rack mount kit Front to Back Airflow VSP7400- FAN VSP 740048Y8CACR VSP 7400 48 x I Year 48Y -8C -AC- 10/25C!bps SFP28 ports 8 Warranty R x lOOGbps QSFP28 ports Attachment D Page 370 of 471 Page 526 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 371 of 471 Page 527 of 943 Score CP(J 16GB RAM 128GB SSD Single 750W AC PSIJ six fans 4post rack mount kit Back to Front Airflow VSP-PRMR- FAN VSP 4900 Premier License VSP 4900 Premier Software I,E-I-IC-P with MACsec Feature License with Warranty MACsec for I Chassis VSP-PRMR- FAN VSP Premier License VSP 7400 Premier Software LIC -P Feature License Includes Warranty Insight license VSP-PRMR- FAN VSP 4900 Premier License VSP 4900 Premier Software I' -I -IC -P Feature License for I Warranty Chassis VX -9000- WiNG I-ICI-,".NSEVX9000 1024X LICE".NSEVX9000 Software ADP -1024 Wireless ADAP'rIVE AP 1024X ADAP'rFVE AP Warranty VX -9000- WING I-ICI-,".NSEVX9000 16X LICE".NSEVX9000 16X Software ADP -16 Wireless ADAP'rIVE AP ADAP'rFVE AP Warranty VX -9000- WING I-ICI-,".NSEVX9000 256X LICE".NSEVX9000 256X Software ADP -256 Wireless ADAP'rIVE AP ADAP'rFVE AP Warranty VX -9000- WING I-ICI-,".NSEVX9000 512X LICE".NSEVX9000 512X Software ADP -512 Wireless ADAP'rIVE AP ADAP'rFVE AP Warranty VX -9000- WING I-ICI-,".NSEVX9000 64X LICE".NSEVX9000 64X Software ADP -64 Wireless ADAP'rIVE AP ADAP'rFVE AP Warranty VX -9000- WING I-ICI-,".NSEVX9000 LICE".NSEVX9000 Software APPLNC- Wireless APPLIANCE APPLIANCE Warranty LIC VX9- WiNG VX9000 Io sicifrr PERP VX9000 Io sicifrr Software Nsiciurr-i Wireless LIC FOR I AP PERPE'r(JAL LICE"NSE Warranty FOR I AP VX9- WING VX9000 Nsicifrr PERP VX9000 Nsicifrr Software Nsiciurr- Wireless LIC FOR 1024 APS PERPE'r(JAL LICE"NSE Warranty 1024 FOR 1024 APS VX9- WING VX9000 Nsicifrr PERP VX9000 Nsicifrr Software Nsiciurr-16 Wireless LIC FOR 16 APS PERPE'r(JAL LICE"NSE Warranty FOR 16 APS VX9- WING VX9000 Nsicifrr PERP VX9000 Nsicifrr Software Nsiciurr- Wireless LIC FOR 2048 APS PERPE'r(JAL LICE"NSE Warranty 2048 FOR 2048 APS VX9- WING VX9000 Nsicifrr PERP VX9000 Nsicifrr Software Nsiciurr- Wireless LIC FOR 256 APS PERPE'r(JAL LICE"NSE Warranty 256 FOR 256 APS VX9- WING VX9000 Nsicifrr PERP VX9000 Nsicifrr Software Nsiciurr-64 Wireless LIC FOR 64 APS PERPE'r(JAL LICE"NSE Warranty FOR 64 APS Attachment D Page 371 of 471 Page 527 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAB910001 FAN DYLAN 9100 WALL WI -AN 9100 WALL I Year 06/30/ -E6 MO(JN'rING BRACKE'r MO[JN'rING BRACKE'r Warranty 2023 FOR 9122 9123 9132 9133 APs WAB910004 FAN ENCLOSURE 12X12X6 POLY ENCLOSURE I Year 04/08/ -E6 IA'rCH LOCK 12X12X6 I-A'rCH LOCK Warranty 2023 4 WAB910005 FAN ENCLOSURE 14X12X6 POLY ENCLOSURE I Year 04/08/ -E6 KEY LOCK 14X12X6 KEY LOCK 4 Warranty 2023 N WAP913200 FAN WAP 9132 n/ac 2X2 ROO WI -AN AP 9132 Limited 06/30/ -E6 US CANADA INDOOR n/ac 2X2 ROO Lifetime 2023 US () CANADA Warranty Wing WAP913201 FAN WAP 9132 N/AC 2X2 RO I WI -AN AP 9132 Limited 06/30/ -E6 'rAIWAN INDOOR N/AC 2X2 ROI Lifetime 2023 'rAIWAN Warranty Wing WAP913202 FAN WAP 9132 N/AC 2X2 R02 WI -AN AP 9132 Limited 06/30/ -E6 MEXICO INDOOR N/AC 2X2 R02 Lifetime 2023 MEXICO Warranty Wing WAP913203 FAN WAP 9132 N/AC 2X2 R03 WI -AN AP 9132 Limited 06/30/ -E6 COLUMBIA INDOOR N/AC 2X2 R03 Lifetime 2023 COI-IJM131A Warranty Wing WAP913204 FAN WAP 9132 N/AC 2X2 R04 WI -AN AP 9132 Limited 06/30/ -E6 SAUDI ARABIA INDOOR N/AC 2X2 R04 Lifetime 2023 SAUDI ARABIA Warranty Wing WAP913205 FAN WAP 9132 N/AC 2X2 R05 WI -AN AP 9132 Limited 06/30/ -E6 CHINA INDOOR N/AC 2X2 R05 Lifetime 2023 CHINA Warranty Wing WAP913206 FAN WAP 9132 n/ac 2X2 R06 WI -AN AP 9132 Limited 06/30/ -E6 EU EF'rA INDOOR n/ac 2X2 R06 Lifetime 2023 EU i-,".F,,rA Warranty Wing WAP913207 FAN WAP 9132 N/AC 2X2 R07 WI -AN AP 9132 Limited 06/30/ -E6 ISRAEL INDOOR N/AC 2X2 R07 Lifetime 2023 ISRAEL Warranty Wing WAP913208 FAN WAP 9132 N/AC 2X2 R08 WI -AN AP 9132 Limited 06/30/ -E6 A(Js,rRAI IA INDOOR N/AC 2X2 R08 Lifetime 2023 A(Js,rRAI,IA Warranty Wing Attachment D Page 372 of 471 Page 528 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913209 EAN WAP 9132 N/AC 2X2 R09 WI -AN AP 9132 Limited 06/30/ -E6 (JAE INDOOR 2X2 I IAC R09 Lifetime 2023 (JAE Warranty Wing WAP913210 EAN WAP 9132 N/AC 2X2 RIO WI -AN AP 9132 Limited 06/30/ -E6 sourl-I KOREA INDOOR N/AC 2X2 RIO Lifetime 2023 sourl-I KOREA Warranty Wing WAP913211 EAN WAP 9132 N/AC 2X2 RI I WI -AN AP 9132 Limited 06/30/ -E6 INDIA INDOOR N/AC 2X2 RI I Lifetime 2023 INDIA Warranty Wing WAP913212 EAN WAP 9132 n/ac 2X2 R12 WI -AN AP 9132 Limited 06/30/ -E6 JORDAN INDOOR n/ac 2X2 R12 Lifetime 2023 JORDAN Warranty Wing WAP913213 EAN WAP 9132 N/AC 2X2 R13 WI -AN AP 9132 Limited 06/30/ -E6 NEW ZEALAND INDOOR N/AC 2X2 R13 Lifetime 2023 NEW ZEALAND Warranty Wing WAP913214 EAN WAP 9132 N/AC 2X2 R14 WI -AN AP 9132 Limited 06/30/ -E6 'rHAILAND INDOOR N/AC 2X2 R14 Lifetime 2023 'rHAILAND Warranty Wing WAP913215 EAN WAP 9132n/ac2X2 R15 WI -AN AP 9132 Limited 06/30/ -E6 JAPAN INDOOR n/ac 2X2 RI 5 Lifetime 2023 JAPAN Warranty Wing WAP913216 EAN WAP 9132 n/ac 2X2 R16 WI -AN AP 9132 Limited 06/30/ -E6 DOMINICAN REP. INDOOR n/ac 2X2 R16 Lifetime 2023 DOMINICAN RE, P. Warranty Wing WAP913217 EAN WAP 9132 n/ac 2X2 R17 WI -AN AP 9132 Limited 06/30/ -E6 BA14AMAS INDOOR n/ac 2X2 R17 Lifetime 2023 BA14AMAS Warranty Wing WAP913218 EAN WAP 9132 N/AC 2X2 R18 WI -AN AP 9132 Limited 06/30/ -E6 QA-rAR INDOOR N/AC 2X2 RI 8 Lifetime 2023 QA-rAR Warranty Wing WAP913219 EAN WAP 9132 n/ac 2X2 R19 WI -AN AP 9132 Limited 06/30/ -E6 INDONESIA INDOOR n/ac 2X2 R19 Lifetime 2023 INDONESIA Warranty Wing Attachment D Page 373 of 471 Page 529 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913220 EAN WAP 9132 n/ac 2X2 R20 WI -AN AP 9132 Limited 06/30/ -E6 EGYp'r INDOOR n/ac 2X2 R20 Lifetime 2023 EGYP'r Warranty Wing WAP913221 EAN WAP 9132 n/ac 2X2 R21 WI -AN AP 9132 Limited 06/30/ -E6 BA14RAIN INDOOR n/ac 2X2 R21 Lifetime 2023 BA14RAIN Warranty Wing WAP913222 EAN WAP 9132 n/ac 2X2 R22 WI -AN AP 9132 Limited 06/30/ -E6 LE"BANON INDOOR n/ac 2X2 R22 Lifetime 2023 LEBANON Warranty Wing WAP913225 EAN WAP 9132 NAC 2X2 R25 WI -AN AP 9132 Limited 06/30/ -E6 CHILE INDOOR NAC 2X2 R25 Lifetime 2023 CHILE Warranty Wing WAP913226 EAN WAP 9132 NAC 2X2 R26 WI -AN AP 9132 Limited 06/30/ -E6 14ONG KONG INDOOR NAC 2X2 R26 Lifetime 2023 HONG KONG Warranty Wing WAP913227 EAN WAP 9132 NAC 2X2 R27 WI -AN AP 9132 Limited 06/30/ -E6 PERIJ INDOOR NAC 2X2 R27 Lifetime 2023 PIS RIJ Warranty Wing WAP913228 EAN WAP 9132 NAC 2X2 R28 WI -AN AP 9132 Limited 06/30/ -E6 Vl-,".NEZIJEI-A INDOOR NAC 2X2 R28 Lifetime 2023 Vl-,".N-A Warranty Wing WAP913229 EAN WAP 9132 NAC 2X2 R29 WI -AN AP 9132 Limited 06/30/ -E6 AI GE".VrINA INDOOR NAC 2X2 R29 Lifetime 2023 ARGE".N'rINA Warranty Wing WAP913230 EAN WAP 9132 N/AC2X2 R30 WI -AN AP 9132 Limited 06/30/ -E6 BRAZIL INDOOR NAC 2X2 R30 Lifetime 2023 BRAZIL Warranty Wing WAP913231 EAN WAP 9132 n/ac 2X2 R31 WI -AN AP 9132 Limited 06/30/ -E6 BRUNEI INDOOR n/ac 2X2 R31 Lifetime 2023 BRUNEI Warranty Wing WAP913232 EAN WAP 9132 NAC 2X2 R32 WI -AN AP 9132 Limited 06/30/ -E6 K(JWAI'r INDOOR NAC 2X2 R32 Lifetime 2023 K(JWAI'r Warranty Wing Attachment D Page 374 of 471 Page 530 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913233 EAN WAP 9132 N/AC 2X2 R33 WI -AN AP 9132 Limited 06/30/ -E6 MALAYSIA INDOOR N/AC 2X2 R33 Lifetime 2023 MALAYSIA Warranty Wing WAP913234 EAN WAP 9132 N/AC 2X2 R34 WI -AN AP 9132 Limited 06/30/ -E6 OMAN INDOOR N/AC 2X2 R34 Lifetime 2023 OMAN Warranty Wing WAP913235 EAN WAP 9132 N/AC 2X2 R35 WI -AN AP 9132 Limited 06/30/ -E6 PHILIPPINES INDOOR N/AC 2X2 R35 Lifetime 2023 PHILIPPINES Warranty Wing WAP913236 EAN WAP 9132 n/ac 2X2 R36 WI -AN AP 9132 Limited 06/30/ -E6 SINGAPORE, INDOOR n/ac 2X2 R36 Lifetime 2023 SINGAPORE Warranty Wing WAP913237 EAN WAP 9132 N/AC 2X2 R37 WI -AN AP 9132 Limited 06/30/ -E6 SC url-I AFRICA INDOOR N/AC 2X2 R37 Lifetime 2023 sourl-I AFRICA Warranty Wing WAP913238 EAN WAP 9132 n/ac 2X2 R38 WI -AN AP 9132 Limited 06/30/ -E6 'rRINIDAD INDOOR n/ac 2X2 R38 Lifetime 2023 'rRINIDAD Warranty Wing WAP913239 EAN WAP 9132 N/AC 2X2 R39 WI -AN AP 9132 Limited 06/30/ -E6 'r(JRKEY INDOOR N/AC 2X2 R39 Lifetime 2023 'r(JRKEY Warranty Wing WAP913240 EAN WAP 9132 N/AC 2X2 R40 WI -AN AP 9132 Limited 06/30/ -E6 RUSSIA INDOOR N/AC 2X2 R40 Lifetime 2023 RUSSIA Warranty Wing WAP913241 EAN WAP 9132 n/ac2X2 R41 WI -AN AP 9132 Limited 06/30/ -E6 MACAU INDOOR n/ac 2X2 R41 Lifetime 2023 MACAU Warranty Wing WAP913243 EAN WAP 9132 n/ac 2X2 R43 WI -AN AP 9132 Limited 06/30/ -E6 VIE'rNAM INDOOR n/ac 2X2 R43 Lifetime 2023 VIETNAM Warranty Wing WAP913246 EAN WAP 9132 n/ac 2X2 R46 WI -AN AP 9132 Limited 06/30/ -E6 MOROCCO INDOOR n/ac 2X2 R46 Lifetime 2023 MOROCCO Warranty Wing Attachment D Page 375 of 471 Page 531 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913247 FAN WAP 9132 n/ac 2X2 R47 WI -AN AP 9132 Limited 06/30/ -E6 Kl-,".NYA INDOOR n/ac 2X2 R47 Lifetime 2023 KI- Ion YA Warranty Wing WAP913248 FAN WAP 9132 n/ac 2X2 R48 WI -AN AP 9132 Limited 06/30/ -E6 AICll-,".RIA INDOOR n/ac 2X2 R48 Lifetime 2023 AI,Cll-,".RIA Warranty Wing WAP913249 FAN WAP 9132 n/ac 2X2 R49 WI -AN AP 9132 Limited 06/30/ -E6 NICII-,".RIA INDOOR n/ac 2X2 R49 Lifetime 2023 NIGl-,RIA Warranty Wing WAP913250 FAN WAP 9132 n/ac 2X2 R50 WI -AN AP 9132 Limited 06/30/ -E6 GHANA INDOOR n/ac 2X2 R50 Lifetime 2023 GHANA Warranty Wing WAP914400 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 ROO US CANADA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 ROO Warranty US CANADA Wing WAP914400 FAN WAP9144 WAVE 2 ROO WI -AN AP 9144 Limited 06/30/ -E6ED ITS CAN (ED(JC) RE, s,rRlc,rED CODE Lifetime 2023 No'r AVAILABLE FOR Warranty Cll-,".NERAI- ORDERS Wing WAP914401 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 ROl'rAIWAN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 ROI Warranty 'TAIWAN Wing WAP914402 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R02 MEXICO INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R02 Warranty MEXICO Wing WAP914403 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R03 COLUMBIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R03 Warranty COI-IJM131A Wing WAP914404 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R04 SAUDI ARABIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R04 Warranty SAUDI ARABIA Wing WAP914405 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R05 CHINA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R05 Warranty I CHINA Wing WAP914406 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R06 EU i-,".F,,rA � INDOOR WAVE 2 Lifetime 2023 Attachment D Page 376 of 471 Page 532 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 377 of 471 Page 533 of 943 DUAL RADIO 4X4 R06 Warranty EIJ EF,'rA Wing WAP914407 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R07 ISRAEL INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R07 Warranty ISRAEL Wing WAP914408 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R08 A(Js,rRAI IA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R08 Warranty A(Js,rRAI,IA Wing WAP914409 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R09 (JAE INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R09 Warranty (JAE Wing WAP914410 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 RIO sourl-I KOREA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 RIO Warranty sourl-I KOREA Wing WAP914411 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 RI I INDIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 RI I Warranty INDIA Wing WAP914412 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R12 JORDON INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R12 Warranty JORDON Wing WAP914413 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R13 NEW ZEALAND INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R13 Warranty NEW ZEALAND Wing WAP914414 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R14'rHAILAND INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R14 Warranty 'rHAILAND Wing WAP914415 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R 15 JAPAN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R15 Warranty JAPAN Wing WAP914416 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R16 DOMINICAN RE, P. INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R16 Warranty DOMINICAN RE, P. Wing WAP914417 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R17 BA14AMAS INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R17 Warranty BA14AMAS Wing Attachment D Page 377 of 471 Page 533 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP914418 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R 18 QA-rAR INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R18 Warranty QA-rAR Wing WAP914419 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R19 INDONESIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R19 Warranty INDONESIA Wing WAP914420 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R20 EGYP'r INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R20 Warranty EGYP'r Wing WAP914421 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R21 BA14RAIN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R21 Warranty BA14RAIN Wing WAP914422 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R22 1-1-,".13ANON INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R22 Warranty LEBANON Wing WAP914425 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R25 CHILE INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R25 Warranty CHILE Wing WAP914426 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R26 HONG KONG INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R26 Warranty HONG KONG Wing WAP914427 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R27 PE IT INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R27 Warranty PERIJ Wing WAP914428 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R28 VENEZUELA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R28 Warranty VENEZUELA Wing WAP914429 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R29 ARGl-,".N'rINA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R29 Warranty ARGl-,".N'rINA Wing WAP914430 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R30 BRAZI I. INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R30 Warranty I BRAZIL Wing WAP914431 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R31 BRUNEI � INDOOR WAVE 2 Lifetime 2023 Attachment D Page 378 of 471 Page 534 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 379 of 471 Page 535 of 943 DUAL RADIO 4X4 R31 Warranty BRUNEI in WAP914432 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R32 K(JWAI'r INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R32 Warranty K(JWAI'r Wing WAP914433 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R33 MALAYSIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R33 Warranty MALAYSIA Wing WAP914434 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R34 OMAN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R34 Warranty OMAN Wing WAP914435 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R35 PHILIPPINES INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R35 Warranty PHILIPPINES Wing WAP914436 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R36 SINGAPORE, INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R36 Warranty SINGAPORE Wing WAP914437 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R37 sourl-I AFRICA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R37 Warranty sourl-I AFRICA Wing WAP914438 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R38'rRINIDAD INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R38 Warranty 'rRINIDAD Wing WAP914439 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R39'r(JRKEY INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R39 Warranty 'r(JRKEY Wing WAP914440 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R40 RUSSIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R40 Warranty RUSSIA Wing WAP914441 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R41 MACAU INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R41 Warranty MACAU Wing WAP914443 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R43 VIE'rNAM INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R43 Warranty VIETNAM Wing Attachment D Page 379 of 471 Page 535 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP914446 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R46 MOROCCO INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R46 Warranty MOROCCO Wing WAP914447 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R47 ISI-,".NYA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R47 Warranty KI-,",IonYA Wing WAP914448 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R48 AI-Gl-,RIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R48 Warranty AI,Cll-,".RIA Wing WAP914449 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R49 NIGl-,RIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R49 Warranty NIGl-,RIA Wing WAP914450 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R50 GHANA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R50 Warranty GHANA Wing WI-CO002N FAN WI -AN 9100 2 AP I IN TO WI -AN 9100 LICIH.NSE Software 06/30/ AC I IAC LIC NIJ UPGRADE FOR 2 AP Warranty 2023 1 IN to I IAC LIC NIJ WI-CO005A FAN WI -AN 9100 APP WI -AN 9100 Software 06/30/ PP CON'rROI- 5 AP LIC NIJ APPLICA'riON Warranty 2023 CON'rROI- LICIH.NCE SW UPGRADE 5 AP LIC NIJ WI-COOION FAN WI -AN 9100 10 AP I IN to WI -AN 9100 LICIH.NSE Software 06/30/ AC I IAC LIC NIJ UPGRADE FOR 10 AP Warranty 2023 1 IN to I IAC LIC NIJ WI-CO020A FAN WI -AN 9100 APP WI -AN 9100 Software 06/30/ PP CON'rROI- 20 AP LIC NIJ APPLICA'rION Warranty 2023 CON'rROI- LICIH.NCE SW UPGRADE 20 AP LIC NIJ WI-CO050N FAN WI -AN 9100 50 AP I IN to WI -AN 9100 LICIH.NSE Software 06/30/ AC I IAC LIC NIJ UPGRADE FOR 50 AP Warranty 2023 1 IN to I IAC LIC NIJ WI-CO05OW FAN WLAN 9100 ORCH SYS WI -AN 9100 Software 06/30/ OS 50 AP LIC NIJ ORCuiFs'rRA'rION SYS Warranty 2023 LIC FOR 50 AP REQ. BASE SW LIC NIJ WI -00100W FAN WLAN 9100 ORCH SYS WI -AN 9100 Software 06/30/ OS 100 AP LIC NIJ ORCuiFs'rRA'rION SYS Warranty 2023 Attachment D Page 380 of 471 Page 536 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 381 of 471 Page 537 of 943 LIC FOR 100 AP REQ. BASE SW LIC NIJ WI-CO200A IRAN WI -AN 9100 APP WI -AN 9100 Software 06/30/ PP CON'rROI- 200 AP LIC APPLICA'riON Warranty 2023 NIJ CON'rROI- LICIH.NCE SW UPGRADE 200 AP LIC NIJ WI-CO50OW IRAN WLAN 9100 ORCH SYS WI -AN 9100 Software 06/30/ OS 500 AP LIC NIJ ORCuiFs'rRA'riON SYS Warranty 2023 LIC FOR 500 AP REQ. BASE SW LIC NIJ WI-C1000W IRAN WLAN 9100 ORCH SYS WI -AN 9100 Software 06/30/ OS 1000 AP LIC NIJ ORCuiFs'rRA'riON SYS Warranty 2023 LIC FOR 1000 AP REQ. BASE SW LICNIJ WOS9100E IRAN WI -AN 9100 ORCH WI -AN 9100 Software 06/30/ sys,ri-,"m LIC NIJ ORCuiFs'rRA'rION Warranty 2023 sys,ri-,"m SW ONLY RE, Q AP LIC NIJ WPR9100AI IRAN WI -AN 9100 POE WI -AN 9100 POE Limited 06/30/ -E6 INJEC'rOR NO PC INJEC'rOR FOR 912X Lifetime 2023 913X AP NO POWER Warranty CORD Wing WS -Al- IdentiFi 2.4/50-1/2' 120DEG DUAL 2.4/50-1/2' 120DEG I Year 11/01/ DD05120 Wireless FD IND AN'r DUAL FD IND AN'r Warranty 2023 WS -Al- IdentiFi 2.4/50-1/2' OMNI QUAD 2.4/50-1/2' OMNI QUAD I Year 07/31/ DQ04360 Wireless FD IND AN'r FD IND AN'r Warranty 2024 WS -Al- IdentiFi 4 DBI IN It 3FEED I Year 11/01/ D'r04360 Wireless 2.4/50-1/2' Warranty 2023 Ws -ANT IdentiFi 2AGHZ INDOOR DIPOLE 2AGHZ INDOOR I Year 11/01/ 2DIP-2 Wireless AN'r DIPOLE AN'r Warranty 2023 Ws -ANT IdentiFi 5GHZ INDOOR DIPOLE 5GHZ INDOOR DIPOLE I Year 11/01/ 5DIP-2 Wireless AN'r AN'r Warranty 2023 WS -AO- IdentiFi ou'rDOOR 2AG DIPOLE I Year 12/31/ 2DIPN3 Wireless 3 PACK Warranty 2019 WS -AO- IdentiFi ou'FOOR 5G MIMO 9 ouroOR 5G MIMO 9 1 Year 5D23009N Wireless DEG N DEG N Warranty WS -AO- IdentiFi ou'rDOOR 5G DIPOLE 3 1 Year 12/31/ 5DIPN3 Wireless PACK Warranty 2019 WS -AO- IdentiFi ou'FOOR DUAL BAND I Year 12/31/ DS02360N3 Wireless OMNI 3 PACK Warranty 2019 1 WS -AO- IdentiFi ou'FOOR DUAL BAND ouroOR DUAL BAND I Year 12/31/ D'r05120N Wireless MIMO 120 DEG N MIMO 120 DEG N Warranty 2019 WS -AO- IdentiFi ou'rDOOR DUAL BAND ou'rDOOR DUAL I Year 12/31/ DX07025N Wireless MIMO 25 DEG N BAND MIMO 25 DEG N Warranty 2019 Attachment D Page 381 of 471 Page 537 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WS -AO- IdentiFi ou'rDOOR DUAL BAND ou'rDOOR DUAL I Year 12/31/ DX07180N Wireless MIMO 180 DEG N BAND MIMO 180 DEG Warranty 2019 N WS -AO- IdentiFi ou'rDOOR DUAL BAND I Year 12/31/ DX10055N Wireless MIMO 55 DEG N Warranty 2019 WS -AO- IdentiFi ourOOR DUAL BAND I Year 12/31/ DX13025N Wireless MIMO 25 DEG N Warranty 2019 1 WS-AP37051 IdentiFi DUAL BAND 2X2X2 DUAL BAND 2X2X2 Limited 12/31/ Wireless MIMO INDOOR I IABGN MIMO INDOOR Lifetime 2020 AP I IABGN AP Warranty with express Advanced Hardware Replacern ent-2 Ws- IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Lifetime 07/31/ AP3710E Wireless MIMO EX'rERNAI, MIMO EX'rERNAI- Warranty - 2020 AN'ri-,".NNA AN'ri-,".NNA NB Ship for Indoor APs WS-AP37101 IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Lifetime 07/31/ Wireless MIMO IN'rEGRA'rED MIMO IN'rEGRA'rED Warranty - 2020 AN'ri-,".NNA AN'ri-,".NNA NB Ship for Indoor APs Ws- IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Limited 12/31/ AP3715E Wireless MIMO EX'r AN'ri-,".NNA 2 MIMO EX'r AN'ri-,".NNA Lifetime 2020 ENE'r 2 ENE'r Warranty with express Advanced Hardware Replacern ent-2 WS-AP37151 IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Limited 12/31/ Wireless MIMO IN'r AN'ri-,".NNA 2 MIMO IN'r AN'ri-,".NNA 2 Lifetime 2020 ENE'r ENE'r Warranty with express Advanced Hardware Replacern ent-2 Attachment D Page 382 of 471 Page 538 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Ws- IdentiFi DUALBAND 3X3X3 DUALBAND 3X3X3 I Year 07/31/ AP3765E Wireless ou'rDOOR I IAGN EX'r ou'rDOOR I IAGN EX'r Warranty - 2020 AN'r AN'r Stand Alone Outdoor APs WS-AP37651 IdentiFi DUALBAND 3X3X3 DUALBAND 3X3X3 I Year 07/31/ Wireless ou'rDOOR I IAGN IN'r ou'rDOOR I IAGN IN'r Warranty - 2020 AN'r AN'r Stand Alone Outdoor APs Ws- IdentiFi DUAL BAND 3X3X3 I Year 07/31/ AP3767E Wireless Our SIP I IAGN IN'r Warranty - 2020 AN'r Stand Alone Outdoor APs WS-AP38011 IdentiFi AP38011 AP38011 Limited 06/30/ Wireless DUALBANDSINGLE DUALBANDSINGLE Lifetime 2023 RADIO I lAC/BGN RADIO I lAC/BGN Warranty with express Advanced Hardware Replacern ent-2 Ws- IdentiFi AP3805E I IAC DUAL Dual Radio 802.1 lac/abgn Limited 06/30/ AP3805E Wireless RADIO EX'r AN'r 2x22 MIMO (on 50-12) Lifetime 2023 indoor access point with Warranty four reverse polarity SMA with connectors for external express antenna array and Advanced integrated clips for flush Hardware rail drop ceiling mounting Replacern (antennas wall bracket or ent-2 protruded drop ceiling bracket must be ordered separately) WS-AP38051 IdentiFi AP38051 I IAC DUAL Dual Radio 802.1 lac/abgn Limited 06/30/ Wireless RADIO IN'r AN'r 2x22 MIMO (on 50-1z) Lifetime 2023 indoor access point with Warranty four internal antenna array with and integrated clips for express flush rail drop ceiling Advanced mounting (wall bracket or Hardware Attachment D Page 383 of 471 Page 539 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 384 of 471 Page 540 of 943 protruded drop ceiling Replacern bracket must be ordered ent-2 separately) Ws- IdentiFi DUAL RADIO I IAC 3X33 DUAL RADIO I IAC Limited 06/30/ AP3825E Wireless MIMO EX'r AN'r 2 F",N 3X33 MIMO EX'r AN'r 2 Lifetime 2023 F",N Warranty with express Advanced Hardware Replacern ent-2 WS-AP38251 IdentiFi DUAL RADIO IIAC 3X33 D(JAI-RADIO 11AC Limited 06/30/ Wireless MIMO IN'r AN'r 2 F",N 3X33 MIMO IN'r AN'r 2 Lifetime 2023 F",N Warranty with express Advanced Hardware Replacern ent-2 Ws- IdentiFi DUAL RADIO DUAL RADIO I Year 12/31/ AP3865E Wireless 802.1 IAC/GN ou'rDOOR 802.1 IAC/GN Warranty - 2023 EX'r AN'r ou'rDOOR EX'r AN'r Stand Alone Outdoor APs WS-APCAP- IdentiFi SINGLE AP CAPACITY SINGLE AP CAPACITY Software I Wireless UPGRADE (C25 V2110 UPGRADE (C25 V2110 Warranty WS-APCAP- IdentiFi 100 AP CAPACITY 100 AP CAPACITY Software 100 Wireless UPGRADE (05210) UPGRADE (05210) Warranty WS-APCAP- IdentiFi XXX AP CAPACITY XXX AP CAPACITY Software 100X BIZ Wireless 'rRANSFER LICF".NSE 'rRANSFER LICF".NSE Warranty WS-APCAP- IdentiFi 16 AP CAPACITY 16 AP CAPACITY Software 16 Wireless UPGRADE (C25 V2110 UPGRADE (C25 V2110 Warranty WS-APCAP- IdentiFi XXX AP CAPACITY XXX AP CAPACITY Software 16XFR Wireless 'rRANSFER LICF".NSE 'rRANSFER LICF".NSE Warranty WS-APCAP- IdentiFi ONE AP CAPACITY ONE AP CAPACITY Software 1X BIZ Wireless 'rRANSFER LICF".NSE 'rRANSFER LICF".NSE Warranty WS-APCAP- IdentiFi 25 AP CAPACITY 25 AP CAPACITY Software 25 Wireless UPGRADE (05210) UPGRADE (05210) Warranty WS-APCAP- IdentiFi XXX AP CAPACITY XXX AP CAPACITY Software 25XFR Wireless 'rRANSFER LICF".NSE 'rRANSFER LICF".NSE Warranty WS -BASE- IdentiFi 802.1 lac Wired Wireless 802.1 lac Wireles Wired I Year 04/01/ DEM038 Wireless Security Bundle Security Demo bundle Warranty 2022 Attachment D Page 384 of 471 Page 540 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 385 of 471 Page 541 of 943 with AP3825 access point DSeries PoE switch RADAR license Ws- IdentiFi C20/C20N WI -AN uri- 16 C20/C20N WI -AN uri- No 12/31/ C20XCAPI1 Wireless APS CAPACI'ry [JPG 16 APS CAPACI'ry [JPG Warranty 2020 P16 WS -C25 IdentiFi C25 WIANC25 WIANLifetime 12/31/ Wireless CON'rROLLER CON'rROLLER Warranty - 2020 It 15 Day Ship WS -05210 IdentiFi 05210 WI -AN 05210 WI -AN I Year 03/31/ Wireless CON'rROLLER CON'rROLLER Warranty 2023 WS -CAB- IdentiFi 6DB LOSS 6DB LOSS I Year 06DBA'rN Wireless A'r'ri-,".N(JA'rOR A'r'ri-,".N(JA'rOR Warranty WS -CAB- IdentiFi IODB LOSS IODB LOSS I Year 10DBA'rN Wireless A'r'ri-,".N(JA'rOR A'r'ri-,".N(JA'rOR Warranty WS -CAB- IdentiFi IODBI A'r'rT".N(JA'rOR IODBI A'r'rT".N(JA'rOR I Year IODBA'rN- Wireless wim N'rYPE wim N'rYPE Warranty SN CONNEC'rOR CONNEC'rOR Ws- IdentiFi INDOOR RSMA 10 F'r INDOOR [Z -SMA 10 F'r I Year CAB240- Wireless CABLE CABLE Warranty PIORP Ws- IdentiFi INDOOR RSMA 25 F'r INDOOR [Z -SMA 25 F'r I Year CAB240- Wireless CABLE CABLE Warranty P25RP WS -CAB- IdentiFi 6DB A'r'rT".N(JA'rOR 6DB A'r'rT".N(JA'rOR I Year 6DBA'rN- Wireless wim N'rYPE wim N'rYPE Warranty SN CONNEC'rORS CONNEC'rORS WS -CAB- IdentiFi I-MR200 20 F'r N LMR200 20 F'r N I Year 1-20OC20N Wireless Warranty WS -CAB- IdentiFi I-MR400 6' N LMR400 6' N I Year 1-400006N Wireless Warranty WS -CAB- IdentiFi I-MR400 20 F'r N LMR400 20 F'r N I Year 1-40OC20N Wireless Warranty WS -CAB- IdentiFi I-MR400 50 F'r N LMR400 50 F'r N I Year 1-400050N Wireless Warranty WS -CAB- IdentiFi I-MR400 75 F'r N LMR400 75 F'r N I Year 1-40OC75N Wireless Warranty WS -CAB- IdentiFi I-MR600 25 F'r N LMR600 25 F'r N I Year 1-60OC25N Wireless Warranty WS -CAB- IdentiFi I-MR600 50 F'r N LMR600 50 F'r N I Year 1-600050N Wireless Warranty WS -CAB- IdentiFi CABLE I F'r I-MR400 CABLE, I Fr I-MR400, I Year NP-RPNJ Wireless 'rypi-,".N PIAJG'ro RPNJ 'TYPE -N P[-(JG'rO RPNJ Warranty Attachment D Page 385 of 471 Page 541 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WS -CAB- IdentiFi CABLE I F'r I-MR400 CABLE, I F -r I-MR400, I Year NP-RPNP Wireless rypi-,".N PIAJG'ro RPNP 'rYPE-N PI-IJG,ro Warranty RPNP WS -CAB- IdentiFi NTYPE PORT N -TYPE PORT I Year N'rERM Wireless 'rERMINA'rOR 'rERMINA'rOR Warranty WS -CAB- IdentiFi RN JACK TO N JACK RN JACK TO N JACK I Year P10RJNJ Wireless EX,ri-,".NDER EX,ri-,".NDER Warranty WS -CAB- IdentiFi RN PUJGTON PIAJG RN PIAJGTO N PIAJG I Year PIORPNP Wireless EX,ri-,".NDER EX,ri-,".NDER Warranty Ws- IdentiFi WI -AN CONTROLLER 25 WI -AN CONTROLLER Software c,r[-CAP[JP Wireless APS CAPACI'ry [JPG 25 APS CAPACI'ry [JPG Warranty 25 wsc,r[-CAP IdentiFi 25 AP CAPACITY 25 AP CAPACITY Software IJP25XFR Wireless 'rRANSFER LICIH.NSE 'rRANSFER LICIH.NSE Warranty WS -MB- IdentiFi OPTIONAL BRACKET No 11/01/ A105120 Wireless FOR INDOOR 120 DEG Warranty 2023 AN'r Ws- IdentiFi LICIH.NSE'ro 1H.NABLE LICIH.NSE'ro 1H.NABLE Software RADAR -1 Wireless RADAR ON ONE AP RADAR ON ONE AP Warranty Ws- IdentiFi LICIH.NSE'ro 1H.NABLE LICIH.NSE'ro 1H.NABLE Software RADAR -100 Wireless RADAR ON 100 APS RADAR ON 100 APS Warranty Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless I-ICI-,".NSE,rRANSFER CAPACI'ry LICIH.NSE Warranty 100XFR 'rRANSFER Ws- IdentiFi LICIH.NSE'ro 1H.NABLE LICIH.NSE'ro 1H.NABLE Software RADAR -16 Wireless RADAR ON 16 APS RADAR ON 16 APS Warranty Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless I-ICI-,".NSE,rRANSFER CAPACI'ry LICIH.NSE Warranty 16XFR 'rRANSFER Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless I-ICI-,".NSE,rRANSFER CAPACI'ry LICIH.NSE Warranty IXFR 'rRANSFER Ws- IdentiFi LICIH.NSE'ro 1H.NABLE LICIH.NSE'ro 1H.NABLE Software RADAR -25 Wireless RADAR ON 25 APS RADAR ON 25 APS Warranty Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless I-ICI-,".NSE,rRANSFER CAPACI'ry LICIH.NSE Warranty 25XFR 'rRANSFER WS-REG9P- IdentiFi V9 RE,G DOMAIN KEY V9 RE,G DOMAIN KEY No 03/31/ JP Wireless JAPAN JAPAN Warranty 2020 WS-REG9P- IdentiFi V9 RE,G DOMAIN KEY V9 RE,G DOMAIN KEY Software 03/31/ NAM Wireless FCC FCC Warranty 2020 WS-REG9P- IdentiFi V9 RE,G DOMAIN KEY V9 RE,G DOMAIN KEY No 03/31/ ROW Wireless ROW ROW Warranty 2020 WS -V2110- IdentiFi V2110 VI RT (JAI, GW IL V2110 VI RTUAL GW IL Software 12/31/ 8-11- Wireless Warranty 2020 Attachment D Page 386 of 471 Page 542 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WS -V2110- IdentiFi V2110 VI R'r (JAI, GW JP V2110 VI R'r (JAI, GW JP Software 12/31/ 8 -JP Wireless Warranty 2020 WS -V2110- IdentiFi V2110 VI RT (JAI, GW V2110 VIRTUAL GW Software 12/31/ 8 -NAM Wireless NAM NAM Warranty 2020 WS -V2110- IdentiFi V2110 VI RT (JAI, GW V2110 VIRTUAL GW Software 12/31/ 8 -ROW Wireless ROW ROW Warranty 2020 1 WS -V2110- IdentiFi V2110 V9 VI RT UAL V2110 V9 VI RTIJAI- Software 03/31/ 9-11- Wireless APPLIANCE FOR APPLIANCE FOR Warranty 2020 ISRAEL ISRAEL WS -V2110- IdentiFi V2110 V9 VI RT UAL V2110 V9 VI RTIJAI- Software 03/31/ 9 -JP Wireless APPLIANCE FOR JAPAN APPLIANCE FOR Warranty 2020 JAPAN WS -V2110- IdentiFi V2110 V9 VIRT APPL V2110 V9 VIRT APPL Software 03/31/ 9 -NAM Wireless FCC REGIJI-A'rORY FCC REGIJI-A'rORY Warranty 2020 DOMAIN DOMAIN WS -V2110- IdentiFi V2110 V9 VIRT APPL V2110 V9 VIRT APPL Software 03/31/ 9 -ROW Wireless ROW RE, GIJI-A'rORY ROW RE, GIJI-A'rORY Warranty 2020 DOMAIN DOMAIN X465- Smart X465241IJ24W with ExtremeSwitching Limited 24M(J-24W- OmniEdge 1100W PSIJ Bundle X465241 IJ24W Bundle Lifetime 131 Switching includes X465241t4IJ24W Warranty and one 1100W AC PSIJ with FB (10941) express Advanced Hardware Replacern ent X465- Smart X465241IJ24W with ExtremeSwitching Limited 241 (J -24W- OmniEdge 200OW PSIJ Bundle X465241 IJ24W Bundle Lifetime B2 Switching includes X465241t4IJ24W Warranty and one 200OW AC PSIJ with FB (XNACPWR2000WF) express Advanced Hardware Replacern ent X465- Smart X46524MIJ with I I OOW ExtremeSwitching Limited 241 IJ -131 OmniEdge PSIJ Bundle X465241t4IJ Bundle Lifetime Switching includes X465241t4IJ and Warranty one 1100 AC PSIJ FB with (10941) express Advanced Hardware Replacern ent Attachment D Page 387 of 471 Page 543 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. X465- Smart X46524MIJ with 200OW ExtremeSwitching Limited 241 (J -B2 OmniEdge PSIJ Bundle X465241t4IJ Bundle Lifetime Switching includes X465241t4IJ and Warranty one 200OW AC PSIJ FB with (XNACPWR200OW) express Advanced Hardware Replacem ent X465 -24W- Smart X46524W with I IOOW ExtremeSwitching Limited BI OmniEdge PSIJ Bundle X46524W Bundle Lifetime Switching includes X46524W and Warranty one I IOOW AC PSIJ FB with (10941) express Advanced Hardware Replacem ent X465 -24W- Smart X46524W with 200OW ExtremeSwitching Limited B2 OmniEdge PSIJ Bundle X46524W Bundle Lifetime Switching includes X46524W and Warranty one 200OW AC PSIJ FB with (XNACPWR200OW) express Advanced Hardware Replacem ent X465 -48P- Smart X46548P with I IOOW PSIJ ExtremeSwitching Limited BI OmniEdge Bundle X46548P Bundle includes Lifetime Switching X46548P and one I IOOW Warranty AC PSIJ FB (10941) with express Advanced Hardware Replacem ent X465-48'1- Smart X46548'1 with 350W PSIJ ExtremeSwitching Limited B3 OmniEdge Bundle X46548'1 Bundle includes Lifetime Switching X46548'1 and one 350W Warranty AC PSIJ FB (10953) with express Advanced Hardware Replacem ent Attachment D Page 388 of 471 Page 544 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. X465 -48W- Smart X46548W with I I OOW ExtremeSwitching Limited BI OmniEdge PSIJ Bundle X46548W Bundle Lifetime Switching includes X46548W and Warranty one 1100W AC PSIJ FB with (10941) express Advanced Hardware Replacem ent X465 -48W- Smart X46548W with 200OW ExtremeSwitching Limited B2 OmniEdge PSIJ Bundle X46548W Bundle Lifetime Switching includes X46548W and Warranty one 200OW AC PSIJ FB with (XNACPWR2000WF) express Advanced Hardware Replacem ent X 1144 FAN ExtremeAccess Platform ExtremeAccess Platform I Year 1440 1440 hardware appliance Warranty with 6 10/100/1000Mbps Base'r ports and 2 I/IOGb SFP+ ports includes Fan and I 12V external power adapter. Power Cord to be ordered separately X 1148 FAN ExtremeAccess Platform ExtremeAccess Platform I Year 1480 1480 hardware appliance Warranty with 6 10/100/1000Mbps Base'r ports and 2 I/IOGb SFP+ ports includes Fan and I 12V external power adapter. Power Cord to be ordered separately X13 R- SRA FRIJ 1100W DCPSNON F It IJ I I OOW DC Power I Year I I OOWPS DC POR'rsIDE EXI-IA(Js,r Supply for Warranty -01-F VDX6940144S with Non Port side exhaust airflow X13 R- SRA FRIJ 1100W F It IJ I I OOW DC Power I Year I I OOWPS DC DCPSPOR'rsIDE Supply for Warranty -01-R EXI-IA(Js,r VDX6940144S with Port side exhaust airflow X13 R- SRA FRIJ 250W DCPS/FAN DC Power supply(with I Year 250WPSDC- integrated fans) for Warranty F VDX6740DCF Attachment D Page 389 of 471 Page 545 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA FRIJ 250W DCPS/FAN DC Power supply(with I Year 250WPSDC- integrated fans) for Warranty R VDX6740DCR X13 R- SRA SI.X FIXED FAN AC SLX Fixed FAN Front to I Year 3250CFM- POR'rsIDE IN'rAKE Back airflow Warranty FAN -F X13 R- SRA SI.X FIXED FAN AC SLX Fixed FAN Back to I Year 3250CFM- POR'rsIDE EXI-IA(Js,r Front airflow Warranty F; AN -It XBR- SRA FRIJ 50OW ACPS FRIJ 50OW AC Power No 500WPSAC- Supply with Non Port side Warranty 01-F exhaust airflow for VDX674o,r XBR- SRA FRIJ 50OW ACPS FRIJ 50OW AC Power No 500WPSAC- Supply with Port side Warranty 01-R exhaust airflow for VDX 674o'r XB -AC- SRA FRIJ AC FAN FRIJ AC fan assembly I Year FAN -F with Non port side Warranty Exhaust airflow for VDX674o,rF XB -AC- SRA FRIJ AC FAN FRIJ AC fan assembly I Year FAN -R with port side Exhaust Warranty airflow for VDX674o,rR X13 R- SRA FRIJ300OW AC POWER 32slot NetIron I Year ACPWR- SUPPLY MI-Xe/XMR/M[-X AC Warranty 3000 3000W power supply XBR- SRA SI.X FIXED AC 650W PS SI.X Fixed AC 650W I Year ACPWR- POR'rsIDE IN'rAKE Power Supply Front to Warranty 650-F Back airflow. Power cords not included. XBR- SRA SI.X FIXED AC 650W PS SI.X Fixed AC 650W I Year ACPWR- POR'rsIDE EXI-IA(Js,r Power Supply Back to Warranty 650-R Front airflow. Power cords not included. XBBR-BI-NK- SRA PIT BLANK 10 Blank Panel I Year FULL MOD(JI-ES/I-C forVDX87704 and Warranty VDX87708 I/O Modules XBBR-BI-NK- SRA PIT BLANK SIM/MIS Blank Panel for I Year HALF FOR 4/8 si.o,r CHASSIS VDX87704 and Warranty VDX87708 SFM and Mgmt Module Slots XBBR-BI-NK- SRA PIT BLANK PS FOR 4/8 Blank Panel for I Year PSU si-o'r CHASSIS VDX87704 and Warranty VDX87708 PSIJ Slots Attachment D Page 390 of 471 Page 546 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR-DC- SRA F RIJ CABLE HARNESS Cable harness for VDX No CB[--1-IRNS FOR VDX 69401445 DC 69401445 DC skus Warranty XBR- SRA FRIJ300OW DC POWER 32slot NetIron I Year DCPWR- SUPPLY MI-Xe/XMR/M[-X AC Warranty 3000 3000W power supply XBR- SRA SLX FIXED DC 650W PS SLX Fixed DC 650W I Year DCPWR- POR'rsIDE IN'rAKE Power Supply Front to Warranty 650-F BDCk airflow. Power cords not included. XBR- SRA SLX FIXED DC 650W PS SLX Fixed DC 650W I Year DCPWR- POR'rsIDE EXI-IA(Js,r Power Supply BDCk to Warranty 650-R Front airflow. Power cords not included. XB -FAN- SRA FRIJ FRIJ AC fan assembly I Year 40-F FAN40MMNONPOR'r with Non port sideExhaust Warranty SIDE EXI-IA(Js,r airflow for VDX694036Q XB -FAN- SRA FRIJ FAN40MMPOR'r FRIJ AC fan assembly I Year 40-R SIDE EXI-IA(Js,r with port side Warranty Exhaustairflow for VDX694036Q XB -FAN- SRA FRIJ FAN80MMNON FRIJ AC fan assembly I Year 80-01-F POR' r SIDE EXI-IA(Js,r with non port side Warranty Exhaust airflow for VDX6940144S XB -FAN- SRA FRIJ FAN80MMPOR'r FRIJ AC fan assembly I Year 80-01-R SIDE EXI-IA(Js,r with port side Exhaust Warranty airflow for VDX6940144S XB -FAN- SRA FRUFAN ASSY 4/8 si.6'r Fan FRIJ for VDX87704 I Year FRIJ CHASSIS and VDX87708 Slot Warranty Chassis XB -F SRA FRUM4 FIFTER RPi-cm,r Filter replacement for all I Year 4DS 4 Pos,rsHELF Dtjc,r VDX87704 installed with Warranty a duct shelf XBR-Fi-,rR- SRA VDX87704 FILTER Filter replacement for all I Year 4'rEI- REP LAci-,".mi-,".N'r 'rEI-CO VDX87704 mid mounted Warranty 2pos'r on a 2 Post rack XB -F SRA M8 FIFFER FRIJ Filter replacement for all I Year 8 VDX87708 rack mounts Warranty X13 R- SRA FR(JS[-X FIXED SLX Fixed Rackmount I Year R000297 RACKMOIJN'r KI'r kit. 4post mid/flush mount Warranty compatible XBR-RMK- SRA VDX87708 RK KIT VDX87708 Rack kit for I Year 4P-8 4pos'r 2731 R ,CD FLUSH Flushed or recessed mount Warranty on a 4 Post rack Attachment D Page 391 of 471 Page 547 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR-RMK- SRA VDX87704 RACK KI'r 4 VDX87704 RACK KI'r 4 1 Year FI --4 Pos'r 2731F LUSI=I Pos'r 2731 FLUSH Warranty XBR-RMK- SRA VDX87704 RACK KIT4 VDX87704 RACK KIT 4 1 Year FI--4DS-2 Poo, rF[-IJSH MO(JN'r Pos'r SHELF Dtjc,r Warranty 2731 FLUSH (MODIFIED FOR G1 -,-.N2 MODULES) XBR-RMK- SRA VDX87704 RACK KIT4 VDX87704 RACK KIT 4 1 Year RE-4DS-2 Pos'rRECESSED MN'r Pos'r SHELF Dtjc,r Warranty 2731 RECESSED (MODIFIED FOR G1 -,-.N2 MODULES) XBR-RMK- SRA VDX87704 RACK KIT VDX87704 RACK KIT I Year 'rEI-CO-4 'rEI-CO 2pos'r MID m,r -rEI-CO (2 Pos-r) MID Warranty FH MO(JN'r AND FLUSH XBR-RMK- SRA VDX87708 RACK KIT VDX87708 RACK KIT I Year 'rEI-CO-8 'rEI-CO 2pos'r MID m,r -rEI-CO (2pos-r) MID Warranty MO(JN'r XBR- SRA 2pos'r RACK Brocade SIX 9850 1 Year SI -X9850-4- MO(JN'rING KI'r FOR twopost rack mounting kit Warranty 2PRM-KI'r SI -X98504 for 4 slot chassis. Include telco flush and midplane mounting XBR- SRA 4pos'r RACK Brocade SIX 9850 1 Year SI -X9850-4- MO(JN'rING KI'r FOR fourpost rack mounting kit Warranty 4PRM-KI'r SI -X98504 for 4 slot chassis. Include 2731 flush and recessed mounting XBR- SRA FRUCABLE Brocade SIX 9850 Cable I Year SI -X9850-4- MANAG1-,".MF".N'r KI' r FOR Management kit for 4slot Warranty CAB SIX 98504 chassis XBR- SRA SI -X98504 FAN MODULE Brocade SIX 9850 fan I Year SI -X9850-4- module for 4slot chassis. Warranty FANM Fan module has 2 fans. XBR- SRA SI -X98504 AIR ETTER Brocade SIX 9850 air I Year SI -X9850-4- filter for 4slot chassis Warranty FurR XBR- SRA NEBS KIT FOR SI.X98504 Brocade SIX 9850 NEBS I Year SI -X9850-4- kit for 4slot chassis. Warranty IAF-,".13S-Kl,r Includes air filter door air filter and cable management kit X13 R- SRA SPARE, SI -X98504 Brocade SI -X9850 Spare I Year SI -X9850-4- CHASSIS 4slot chassis Warranty S Attachment D Page 392 of 471 Page 548 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA BLANK PANEL FOR Brocade SIX 9850 switch I Year SI -X9850-4- SI -X98504 SEM fabric module blank panel Warranty SF MPN[- for 4slot chassis X13 R- SRA 2pos'r RACK Brocade SIX 9850 1 Year SI -X9850-8- MO(JN'rING KI'r FOR twopost rack mounting kit Warranty 2PRM-KI'r SI -X98508 for 8 slot chassis. Include telco flush and midplane mounting X13 R- SRA 4pos'r RACK Brocade SIX 9850 1 Year SI -X9850-8- MO(JN'rING KI'r FOR fourpost rack mounting kit Warranty 4PRM-KI'r SI -X98508 for 8 slot chassis. Include flush and recessed mounting X13 R- SRA FRUCABLE Brocade SIX 9850 Cable I Year SI -X9850-8- MANAG1-,".MF".N'r KI' r FOR Management kit for Not Warranty CAB SIX 98508 chassis X13 R- SRA SI -X98508 FAN MODULE Brocade SIX 9850 fan I Year SI -X9850-8- module for Not chassis. Warranty FANM Fan module has 4 fans. X13 R- SRA SI -X98508 AIR ETTER Brocade SIX 9850 air I Year SI -X9850-8- filter for Not chassis Warranty FurR X13 R- SRA NEBS KIT FOR SI.X98508 Brocade SIX 9850 NEBS I Year SI -X9850-8- kit for Not chassis. Warranty IAF-,".13S-Kl,r Includes air filter door air filter and cable management kit X13 R- SRA SPARE, SI -X98508 Brocade SI -X9850 Spare I Year SI -X9850-8- CHASSIS Not chassis Warranty S X13 R- SRA BLANK PANEL FOR Brocade SIX 9850 switch I Year SI -X9850-8- SI -X98508 SEM fabric module blank panel Warranty SI MPN[- for Not chassis X13 R- SRA SI -X9850 AC 300OW Brocade SIX 9850 AC I Year SI -X9850- POWER SUPPLY 300OW power supply for Warranty ACP WR- 4slot and Not chassis 3000 90270V AC input X13 R- SRA SI -X9850 DC 300OW Brocade SIX 9850 DC I Year SI -X9850- POWER SUPPLY 300OW power supply for Warranty DCPWR- 4slot and Not chassis 3000 48V DC input X13 R- SRA BLANK PANEL FOR Brocade SIX 9850 1 Year SI -X9850- SI -X9850 IN'rERFACE interface module blank Warranty IMPNL MODULE panel for 4slot and Not chassis Attachment D Page 393 of 471 Page 549 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA BLANK PANEL FOR Brocade SIX 9850 1 Year SI -X9850- SI -X9850 mcmr management module Warranty MMPN[- MODULE blank panel for 4slot and 8slot chassis X13 R- SRA BLANK PANEL FOR Brocade SIX 9850 power I Year SI -X9850- SI -X9850 POWER supply blank panel for Warranty PWRPNL SUPPLY 4slot and 8slot chassis X13 R- SRA FR(JVDX674024PSFP+DC FRIJ VDX 6746'1, 48P I Year VDX6740- NONPOR'rsIDE EX IGBASE'r POR'rS2 Warranty 24 -DC -F 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS AC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FR(JVDX674024PSFP+CSC FRIJ VDX 6746TIG 48P I Year VDX6740- POR'rsIDE EXI-I AF IGBASE'r POR'rS2 Warranty 24 -DC -1t 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS AC PO 'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FR(JVDX674024PSFP+AC FRIJ VDX 6740 24P I Year VDX6740- NONPR'r SD EX AF SFP+ AC NONPOR'r Warranty 24-F SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FR(JVDX674024PSFP+AC FRIJ VDX 6740 24P I Year VDX6740- POR'rsIDE EX AF SFP+ AC PO 'r SIDE Warranty 24-1t EXI-IA(Js,r AIRFLOW XBR- SRA FRIJVDX674o,r24PIOG,r FRIJ VDX 6746'r 24P I Year VDX674o,r- DCNONPOR'rSIDE EX iociivr DC NONPOR'r Warranty 24 -DC -F SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FR[JVDX674o'r24PTociB'r FRIJ VDX 6746'r 24P I Year VDX674o,r- DCPR'r SD EX AF iociirr DC PO 'r SIDE Warranty 24 -DC -1t EXI-IA(Js,r AIRFLOW XBR- SRA FR(JVDX674o'r24PTociB'r FRIJ VDX 6746'r 24P I Year VDX674o,r- ACNONPR'r SD EX iociirr AC NONPOR'r Warranty 24-F SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FR(JVDX674o'r24PTociB'r FRIJ VDX 6746'r 24P I Year VDX674o,r- ACPR'r SD EX AF iociirr AC PO 'r SIDE Warranty 24-1t EXI-IA(Js,r AIRFLOW Attachment D Page 394 of 471 Page 550 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA FR(JVDX674o'rlG48PlG FRIJ VDX 6749'r 48P I Year VDX674o,r- BASET POR'rSN IGBASE'r POR'rS2 Warranty 56 -IG -DC -F 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICF".NSE ONLY NO op'ricS AC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJVDX674o,rIG48PX FRIJ VDX 6746TIG 48P I Year VDX674o,r- I G'rN PO R'r SI DE EX IGBASE'r POR'rS2 Warranty 56 -IG -DC -R 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICF".NSE ONLY NO op'ricS DC PORT SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJVDX6740,rIG48P FRIJ VDX 6746'r 48P I Year VDX674o,r- XlG'rNON PORT EX IGBASE'r POR'rS2 Warranty 56 -IG -F 400113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICF".NSE ONLY NO op'ricS AC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJVDX674o,rIG48PX FRIJ VDX 6746TIG 48P I Year VDX674o,r- lG'rPOR'rsIDE EX AF IGBASE'r POR'rS2 Warranty 56 -IG -R 400113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICF".NSE ONLY NO op'ricS AC PORT SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694024QACNON 694036Q base system Warranty 24Q -AC -F POR'rsIDE EXI-IA(Js,r with 24 40GbE QSFP+ ports AC powersupply NON POR'rsIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694024QACPOR'rSI 694036Q base system Warranty 24Q -AC -R DE EXI-IA(Js,r with 24 40GbE QSFP+ ports AC powersupply POR'rsIDE EXI-IA(Js,r AIRFLOW Attachment D Page 395 of 471 Page 551 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. X13 R- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694024QDCNON 694036Q base system Warranty 24Q -DC -F POR'rsIDE EXI-IA(Js,r with 24 40GbE QSFP+ ports DC powersupply NON POR'rsIDE EXI-IA(Js,r AIRFLOW X13 R- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694024QDCPOR'rSI 694036Q base system Warranty 24Q -DC -R DE EXI-IA(Js,r with 24 40GbE QSFP+ ports DC powersupply POR'rsIDE EXI-IA(Js,r AIRFLOW X13 R- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694064SACNON 69401445 base system Warranty 64S -AC -F POR'rsIDE EXI-IA(Js,r with 64 l0GbE SFP+ ports AC powersupply NON POR'rsIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694064SACPOR,rSID 69401445 base system Warranty 64S -AC -R E EXI-IA(Js,r with 64 l0GbE SFP+ ports AC powersupply POR'rsIDE EXI-IA(Js,r AIRFLOW X13 R- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694064SDCNON 69401445 base system Warranty 64S -DC -F POR'rsIDE EXI-IA(Js,r with 64 l0GbE SFP+ ports DC powersupply NON POR'rsIDE EXI-IA(Js,r AIRFLOW X13 R- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694064SDCPOR,rSID 69401445 base system Warranty 64S -DC -R E EXI-IA(Js,r with 64 l0GbE SFP+ ports DC powersupply POR'rsIDE EXI-IA(Js,r AIRFLOW XBR- SRA 4 si-o'r 4 1/0 Slot chassis 0 SIM I Year VDX8770-4 CHAS SI SOSFMOMM2FA 0 MM 2 AN 0 PSIJ Warranty NODS Blanks fully populated XBR- SRA 8 si-o'r 8 1/0 Slot chassis 0 SIM I Year VDX8770-8 CHAS SI SOSFMOMM4FA 0 MM 4 AN 0 PSIJ Warranty NODS Blanks fully populated XBR- SRA CONVERCIF,"D SERVICE FCOE S/W [.ICI -,".NSE 8 1 Year 10/31/ VDXFCOE- FRIJVDX673016/24 8G FC ports 8 FC optics Warranty 2024 01 FOR VDX673024 VDX673016 Attachment D Page 396 of 471 Page 552 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA CONVERGIH.D SERVICE FCOE S/W [.ICI -,".NSE 16 1 Year 10/31/ VDXFCOE- FRIJVDX674040/60 8G FC ports 16 FC optics Warranty 2024 02 FOR VDX673060 VDX673040 X 1H, Ion- SRA FRIJ1100W F RIJ 11 OOW AC Power I Year I I OOWPSAC PSACNONPOR'r SIDE supply for VDX6940144S Warranty -F EXI-IA(Js,r AF NONPOR'rSIDE EXI-IA[Js,r AF Xl-,",N- SRA FRIJ1100W F [ZI1 I I OOW AC Power I Year I I OOWPSAC PSACPOR'rsIDE supply for VDX6940144S Warranty -R EXI-IA(Js,r AF PC R'rSIDE EXI-IA[Js,r AF Xl-,",N- SRA FRIJ250WACPS/FANNO Brocade VDX 6740 0.1620 I Year 250WPSAC- NPOR'rsIDE EXI-IA(Js,r PS/I anRIJ NONPOR'r Warranty F SIDE EXI-IA(Js,r AIR FLOW Xl-,",N- SRA FRIJ250WACPS/FANPOR Brocade VDX 6740 0.1620 I Year 250WPSAC- 'r SIDE EXI-IA(Js,r PS/I anRIJ PC R'r SIDE Warranty R EXI-IA(Js,r AIR FLOW Xl-,",N- SRA FRIJ SERIAL CABLE Serial Cable (RJ45 I Year R000030 RJ45 / ADAP'rOR Connector) Warranty Xl-,",N- SRA F [ZI1 6510 FIXED RACK FRIJ6510/6505/6710/674 No R000291 MO(JN'r KI'r OI IXED RACK MO[JN'r Warranty KI'rfor 4 post racks Xl-,",N- SRA F RUMI DMO UNT KITB R F RIJ 6 5 10/6 5 0 5/6710/674 No R000292 0 MIDMO[JN,rKl,r for 2 Warranty postracks Xl-,",N- SRA FRUFLUSH MOUNT Flush mount kit for 2 post No R000293 KI'r 14 U RM KI'rB R racks for VDX6710/VDX Warranty 6740 Xl-,",N- SRA FRI12 POST MID MOUNT G620/VDX6940/VDX674 No R000294 Kl,r/i,,[-IJSH MO(JN'r KI'r o'r MIDMO(JN'r RACK Warranty KI'r for 2 post racks Xl-,",N- SRA FRIJUNIVERSAL RCK FRIJUNIVERSAL RACK I Year R000295 MN'r KI'r4 Pos'r MO(JN'r KI'r4 Pos'r Warranty 2432 DEP'rH RCK VDX 6749,1/VDX674o,11G Xl-,",N- SRA FRIJUNIVERSAL RCK G620/VDX6940/VDX674 No R000296 MN'r KI'14 Pos'r o'r FIXED RACK Warranty MO1JN'r KI'r for 4 post racks Xl-,",N- SRA SLX 9640 FAN AC F2B SLX 9640 FAN Front to I Year SI -X9640- AIRFLOW Back airflow Warranty FAN -F Attachment D Page 397 of 471 Page 553 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Xl-,",N- SRA SLX 9640 FAN AC 132F SLX 9640 FAN Back to I Year SI -X9640- AIRFLOW Front airflow Warranty FAN -R xi-,".N-,rwx- SRA FRUTWINAXI 1 TTER1 FRUTWINAXI I Year 10/31/ 0101 PACK 1 E'rER1 PACK Warranty 2024 xi-,".N-,rwx- SRA FRUTWINAXI 1 TTER8 FRUTWINAXI I Year 10/31/ 0108 PACK 1 E'rER8 PACK Warranty 2024 1 xi-,".N-,rwx- SRA FRU TWINAX3 1 TTER1 FRU TWINAX3 I Year 10/31/ 0301 PACK 1 E'rER1 PACK Warranty 2024 xi-,".N-,rwx- SRA FRUTWINAX3 mTTER8 FRUTWINAX3 I Year 10/31/ 0308 PACK 1 E'rER8 PACK Warranty 2024 xi-,".N-,rwx- SRA FR(J'rWINAX5 1 E'rER1 FR(J'rWINAX5 I Year 10/31/ 0501 PACK 1 E'rER1 PACK Warranty 2024 xi-,".N-,rwx- SRA FR(J'rWINAX5 mE'rER8 FR(J'rWINAX5 I Year 10/31/ 0508 PACK 1 E'rER8 PACK Warranty 2024 Xl-,".N-IJSB- SRA FR(J4GB (JSB DRIVEBR FRIJ 4 GB (JSB Drive I Year 4 GB Warranty I XESN- Network Extreme Essential Plus Extreme Essential Plus Software PI-IJS-SW- Managerne Software Package Software Package Warranty P nt includes Network Management (NMS) AP Adoption Licenses and Network Access Control (NAC) XN-2P- SRA Two Post NEBS it for Spare two post mounting I Year RKM,r299 SI -X9150 ear NEBS earthquake kit Warranty for use in SI -X9150 XN-2P- Smart 2P RMRj'r X465 VSP4900 Optional two post rack Limited RMI<J,r-ooi OmniEdge mount kit for Lifetime Switching ExtremeSwitching X465 Warranty and VSP4900 models. with Includes brackets for front express or midmount of chassis in Advanced a two post rack. Hardware Replacer ent XIS -2P- Smart RM it 200 series X430 Rack Mount it Spare for No RMI<J,r-004 OmniEdge X435 X440G2 24 and 48 port models of Warranty Switching 200 series X430 X435 X440G2 XN-2P- FAN Two Post Rack Mount kit Optional two post rack No RMI<J,r-XA for XA 1400 mount kit for Warranty ExtremeAccess Platform 1400 models. Includes brackets for front mount Attachment D Page 398 of 471 Page 554 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 399 of 471 Page 555 of 943 of chassis in a two post rack. XN-4P- Smart Spare 4P RMKIT X465 Spare four post rack Limited RKM,r-ooi OmniEdge VSP4900 mount kit for use with Lifetime Switching ExtremeSwitching X465 Warranty and VSP4900 with express Advanced Hardware Replacern ent XN-4P- FAN Four Post Rail it VSP Spare four post rack I Year RKM,r298 7400 SLX9150 mount rail kit for use in Warranty VSP7400 SLX9150 XN- Smart 200OW AC PSIJ X465 Modular Power Supply I Year ACP WR- OmniEdge VSP4900 200OW AC Front to Back Warranty 200OW-F Switching Supported on ExtremeSwitching X465 and VSP4900 XN- FAN VSP/S[-X 750W AC PSIJ AC 750W PSIJ Front to I Year ACP WR- Front to Bk airflow Back Airflow for use in Warranty 750W -F VSP7400 SLX9150 XN- FAN VSP/S[-X 750W AC PSIJ AC 750W PSIJ Back to I Year ACPWR- Bk to Front airflow Front Airflow for use in Warranty 750W -[t VSP7400 SLX9150 XN- FAN VSP/S[-X 750W DC PSIJ DC 750W PSIJ Front to I Year DCPWR- Front to Bk airflow Back Airflow for use in Warranty 750W -F VSP7400 SLX9150 XN- FAN VSP/S[-X 750W DC PSIJ DC 750W PSIJ Back to I Year DCPWR- Bk to Front airflow Front Airflow for use in Warranty 750W -[t VSP7400 SLX9150 XN-FAN- FAN VSP/S[-X Front to Back Single Fan module Front I Year 001-F Fan to Back Airflow for use in Warranty VSP7400 SLX9150 XN-FAN- FAN VSP/S[-X Back to Front Single Fan module Back I Year 001-R Fan to Front Airflow for use in Warranty VSP7400 SLX9150 XN-FAN- Smart Spare Fan Module X465 Spare fan module front to Limited 002-F OmniEdge VSP4900 back airflow supported on Lifetime Switching ExtremeSwitching X465 Warranty and VSP4900 with express Advanced Hardware Replacern ent Attachment D Page 399 of 471 Page 555 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XIII- SRA SPARE AN 'TRAY FOR Leadfree spare fan tray for I Year CE2000- NI CER/CES ROHS6 NetIron CES and NetIron Warranty AN CER Series XIS -SSI - Smart 120C113 SSD MODULE Modular SSD 120C113 I Year 001-120 Omni Edge supported on Warranty Switching ExtremeSwitching X465 and VSP4900 Attachment D Page 400 of 471 Page 556 of 943 L3 R= Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Table 1 - Extreme Product Warranty Summary of Entitlements Warranty DurationOf Warrant al Technical "Warranty Period"y Assistance Center On -Line Support Portal Software/Firmware Availability Hardware Replacement' 90 Days -- Defective Return and Replace -- Hardware I Year Warranty One Year One Year One Year Software Media shipped within '10 business days of Replacement receipt of defective asset Two years for Base Return and Replace - I lardware 5 Year Warranty Five Years Five Years Five Years Operational shipped within 10 business days of Software' Updates receipt of defective asset Product Lifetime for Base Operational Limited Lifetime Software Updates Advanced exchange replacement ProdLICt and Upgrades' Warranty --10 BLIsiness Product Lifetime Product Lifetime Lifetime hardware is shipped within'10 Day Ship One Year for business days Advanced Software License Updates' Limited Lifetime Product Lifetime for Advanced exchange replacement Warranty With Express Droduct Lifetime Droduct Lifetime Dr - od uct Base Operational hardware shipped next business day Advanced hardware Lifetime Software Updates' from RMA approval time Replacement' Limited Lifetime ProdLICt One year for Return and Replace -- Hardware Warranty'15 Day Return Product Lifetime Product Lifetime Lifetime Base Operational shipped within '15 bUsiness days of To Factory Ship Software Updates receipt of defective asset Limited Lifetime Product Lifetime for Advanced exchange replacement Warranty With Express Droduct Lifetime Droduct Lifetime Droduct Base Operational hardware shipped next business day Advanced hardware Lifetime Software Updates from RMA approval time Replacement -2 and Upgrades Software Warranty' 90 Days 90 Days 90 Days 90 Days N/A I Month Warranty I Month for Return and Replace - I lardware (W i N G)" hardware 90 Days I Month N/A shipped within 10 business days of receipt of defective asset 3 Month Warranty Return and Replace -- Hardware (WiNG)` 3 Months 90 Days 3 Months N/A shipped within '10 business days of receipt of defective asset 90 Days - Defective Return and Replace - I lardware I Year Warranty One Year 90 Days I Year software media shipped within 10 business days of (WNG)��,lc) replacement receipt of defective asset Limited Lifetime ProdLICt 90 Days -- Defective Return and Replace -- Hardware Warranty" (WING) Product Lifetime 90 Days Lifetime software media shipped within '10 business days of replacement receipt of defective asset Limited Lifetime Product Lifetime for Advanced exchange replacement Warranty with Express Droduct Lifetime Droduct Lifetime' Droduct Base Operational hardware shipped next business day Advanced hardware Lifetime Software Updates and from RMA approval time Replacement -B9 Upgrades '8 A1v1 to 5 j1\1 (1\1ondov to ridov) locol Find Uer'ti bine, "pocilic I ''I 1 -1, kw'fli�)Ii I SI "I'lli III "r,"111,111 11''1 1,11 C', up''I'll'' I I, ''I''1111''d ln�,, I fi','Irfw ln,+)w `Ho,,, QpOl',fl )I1,11 SVhmli", I, ''I''1111''d ln�,, I' ll',Tfw r), )re Ihiworrdlflv is ANO opplicohle Io he W1 A1\1 and A1-,)S1j procfiicIti occrIJred I 11,111ni'' I,, 1, luHh''i, ''I''1111''d '111''I 11''1111�)Iwd Inv I ;+di",Irfw h''k)W [roin -,,ehro Ieadhnoloyiea hu Fxhreine 11,1c,Iworkti jrovKons provided lander Ix Fxhreine Worroiflv ore coifflimohons or Ilu -"ohro worronh/ proviSionS III jpldl"11'1,'r"1, hil'Hwi, ''I''1111''d ln�,, I ;+dl',Tfw h''k)W ploce ail IIx hine or IIx occrIJtiMon Advoinced So[Iwore I icentic ond Advoinced So[Iwore I icense Ujpdok,ore (`Iohol lechnicol rIljpjpoN provided viol lelophone, Online SIIppoN Fjoi-IA luHh''i, ''I''1111''d Inv di for h''k)W 1111,1 'P1,111 V 111I I' rfi�)11111" 0111 )Irfi Skul I)IIIIII'SIIqqx)1'1 lorIA ond einoil �IijpjpoN lor reinoinder or Wonroiflv Period 'Advoinced exchom4c, rejploceineifl hordwore delivered nmd hIitiinc,ss dov [roin R1\1A opprovol bine [or A,>, (`,r procfiwIIn 'IjrocfiwI [ehine for W1 A11,19100jrocfiwI� iti r veorti potil and or tiAe dok, 11,loi-Ilh Americo, Wc,tilers) FIii-ope and AINroki oi)l\/ Advoince Hordwore P''JAm-''ins ''111 IluHh''i, ''I1111''d '111''I 11''1111 I lny I�di','Irfw ln,,Jmn� WWW.EXTREMENETWORKS.COM 2 Attachment D Page 402 of 471 Page 558 of 943 Attachment oExtreme networks Product Warranty, End User License Agreement, Etc. Product (Limited) Warranty l�ensure hme|y�eiptofProduct War�ntyenhdements - as described herein, end-usercustomer must register your Hardware Product Warranty Extreme products. Product registration is required within Subject tothe limitations and conditions set forth herein. 30days after purchase tovalidate product warranty. Failure Extreme warrants tothe original purchasing End User todoso may result in delays in receiving warranty support. that each unit of Extreme hardware products ("Hardware Product warranty registration isavailable at: Products" or^Pnrducts^)will befree from defects in material and workmanship under normal use consistent with Extreme's published written specifications for the Product atthe time of shipment. Warranty Period is for the duration specified in Table - Product Warranty, beginning from the date of shipment. Breach ofwarranty will be enforceable against Extreme only if written notice of such breach is received byExtreme within the applicable Warranty Period. Subject tothe limitations and conditions set forth herein, Extreme warrants that commencing on the Warranty Start Date and continuing for aperiod ofninety (90)days: (a) the mediaonwhich the Software isfurnished will befree of defects in materials and workmanship under normal use and (b)the Software substantially conforms tothe documentation. Except for the foregoing limited warranty, the Software is provided `Y\S |S"This limited warranty extends only tothe Software purchased from anapproved source byanEnd User who isthe first registered end user. End User's sole and exclusive remedyand the entire liability of Extreme and its suppliers under this limited warranty will be(i)replacement ofthe defective mediaarid/or (ii) at Extreme's sole ophon, repair or replacement of the Software subject tothe condition that any error ordefect constituting a breach of this limited warranty is reported to Extreme within the warranty period. In noevent does Extreme warrant that the Software is error free or that End User will beable tooperate the Software without problems or interruptions. In addihon, due to the continual development ofnew techniques for intruding upon and attacking networks. Extreme does riot warrant that the Software orany equipment, systemornetwork onwhich the Software is used will befree ofvulnerability to intrusion or attack. Rennedies-|ntheeventofafai|ureofanyPnrductto comply with the foregoing warranty during the applicable warranty period. Extreme shaU, at its sole option, repair or replace the Product (which may include aworkaround) or refund the fees paid for such Product following return of such Product. The foregoing sets forth Customer's sole and exclusive remedies for breach of warranty. Todetermine the applicable warranty for a particular product reference the Definitions Used inThis Policy Documentation - Extreme supplied or published then - current technical docurnentation describing the features and functions of the associated Products. Warranty Start Date- Used in this policy is from the date of shipment of the Product from Extreme, or in the case of resale by an Extreme authorized reseller, commencing not more than 90 days after shipment by Extreme. Warranty Dmration- Product Lifetinne- Except where otherwise defined, aperiod oftime commencing onthe Warranty Start Date from Extreme (see be|ow)and ending onfive years from the Product's announced end-of-sa|e date inaccordance with Extreme's End ofLife policy described at: . For purposes offurther clarity, end-of-sa|edates are defined in the Extreme End ofLife Policy. Extreme Wireless Controllers Product Lifetime warranty duration is one year from the Product's end-of- sa|edate. Base Operational Softvare-Embeddedsoftwarethatis required tooperate anExtreme-brandednetwork device and isoffered for sale asaninclusive component ofsuch hardware network device product as further described in Extreme's published price list applicable tosuch hardware product (^CoveredProduct''). Feature Packs and Advanced SoftwareLicenses-Defined assoftware enabled pursuant toauthorized use ofan Extreme-issuedlicense key that enables certain optional embedded software features in an Extreme Networks network device and isoffered for sale asanoptional component of such hardware network device product as further described in Extreme Networks' published price list applicable tosuch hardware product ("Covered Product''). Advanced SoftvareLicenseUpdates-Minorre|easesof Advanced Software Licenses that are optional embedded software features of Covered Products. www.sxresmswsrvmmxs»,m s Attachment Page 403 of 471 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AppficationSoftware-Definedassoftware that is not required tooperate anetwork device, such asmanagement software orother standalone software. |tisriot an enhancement tothe Base Operational Software and may reside onanother network device. Upgrade and Update Software / Firmware Rellease ° A=Major Release Number Major software releases are ° B=Minor / Sustaining Release Number Minor / Sustaining releases are updates. ° C=Maintenance / Sustaining Release Number Maintenance/ Sustaining releases are updates Extreme Product Warranty Entitlements Global Technical Assistance Center - Customer isentitled as part of this warranty to utilize Extreme warranty support line via emai|. Web form ortelephone available from 8 AMto5PM(Monday toFriday) local End User's time for basic hardware and operational software troubles hoohrig assistance inconnection with warranty claims, including RMA's(excluding installation, configuration and general networking troubleshooting). On -Line Support Portal -CustomershaUa|sohaveaccess to Extreme Customer Support Website by registering the Product arid/or FRU at: which may include, but is riot limited to: (i)information about status arid/or review of known hardware arid/or software issues/problems. (ii) access totechnical documentahon.(iii)the ability tolog a case. (iv) information about the status of outstanding RMAs. Base Operational Softvare-Updatesand Upgrades- CustomerisenhdedtoreceiveanyBaseOperahona| Software orBase Operational Softwareupgrades/updates that Extreme may develop and generally release on Covered Products. Base Operational Software: Updates-Customerisenhded toreceive any Base Operational Software updates (i.e`sustaining arid/or maintenance re|eases)that Extreme may develop and generally release onCovered Products. HardwareRepIacennent: Advanced Exchange Next Business Day Ship- Extreme Networks must process the RMA relating tothe defective product per the Advanced Exchange Warranty RMA Times section ofthe Extreme Networks Service Availability Matrix, Monday through Friday, in order to ship the replacement product to your site, bythe end ofday ofthe Next Business Day. Otherwise Second Business Day shipment will beprovided for RM/Ys processed after the time indicated. Extreme will use all commercially reasonable efforts topick pack and ship the hardware replacement using acommercial delivery service tocustomers'site. The replacement part will beshipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4business day delivery from an Extreme regional parts depot tothe customerdelivery site. Variation in business delivery days ispossible depending oncountry ofdestination orgeographical location with the country or other factors. Extreme pays for the return freight ofproducts from Customer to Extreme, including any applicable taxes, duties and customfees tocountry ofshipment destination. Any government or Brokers fees associated with the return of products from Customer to Extreme in the country of origin isCustomers responsibility. Customer must bethe Exporter ofRecord for all product returns to Extreme. Extreme pays the freight ofthe unit shipped tocustomer,excluding any applicable taxes, duties and customfees inCustomers destination country. Extreme will riot bethe importer of record onany shipments toCustomec Customer isresponsible for returning the defective Product to an Extreme -authorized return facility. |nthe event that you fail to return the defective Product within ten (l0) business days of receipt of the replacement FRU. Extreme reserves the right to require customerto pay the full, or portion of the, List Price of the FRU or product component. Extreme will send an invoice to customer that will reflect the arnount to be paid. HardwareRepIacennent:RetmnnandRepIace-Extreme will make commercially reasonable efforts, stits expense, to see the shipping of repaired or replacement FRU (feature, function and fit compatible) within '10 orl5 business days (depending upon affected product) ofreceipt ofthe defective FRU at an Extreme facility. Extreme will use all commercially reasonable efforts topick pack and ship the hardware replacement using acommercial delivery service tocustomers'site. The replacement part will beshipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4business day delivery from an Extreme regional parts depot tothe customerdelivery site. Variation in business delivery days ispossible depending oncountry ofdestination orgeographical location with the country or other factors. Customer pays for the return freight ofthe product to Extremetdesignated |ocahon, including any applicable taxes, duties andcustomfees in both country of origin and destination. Customer must be the Exporter of Record for all product returns to Extreme. Extreme pays the freight ofthe unit shipped toCustomer, excluding any applicable taxes, duties and customfees. Customer must be the Importer of Record for all returns to Customer. www.sxresmswsrvmmxs»,m * Attachment Page 404m4n Attachment oExtreme networks Product Warranty, End User License Agreement, Etc. AdvancedHardwareReplacennent-Extremepnrvidesfor Actual delivery times may vary depending onspecific the advanced shipment ofreplacement hardware. After customer|ocahon. request for a replacement Field Replaceable Unit(FRU) Dead on Arrival (DCA) All hardware products include isvalidated for warranty entitlement byExtreme Global Advance Part Replacement (Next Business Day Shipment) Technical Assistance Center (GTAC)and aReturn Material during the first 30 days after product shipment. For upto Authorization (RMA)number isprocessed, anew field replaceable unit (FRU). Extreme will make commercially reasonable efforts, topick, pack and ship the replacement FRU per the Hardware Replacement provisions as stated in Table (Warranty Summary ofEnhdements) using commercial delivery service to custorner's site. Extreme will use all commercially reasonable efforts topick pack and ship the hardware replacement using acommercial delivery service tocustomers'site. The replacement part will beshipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4business day delivery from an Extreme regional parts depot tothe customerdelivery site. Variation in business delivery days ispossible depending oncountry ofdestination orgeographical location with the country or other factors. Extreme pays for the return freight ofproducts from Customer to Extreme, including any applicable taxes, duties and customfees tocountry ofshipment destination. Any government or Brokers fees associated with the return of products from Customer to Extreme in the country of origin isCustomers responsibility. Customer must bethe Exporter ofRecord for all product returns to Extreme. Extreme pays the freight ofthe unit shipped tocustomer,excluding any applicable taxes, duties and customfees inCustomers destination country. Extreme will riot bethe importer of record onany shipments toCustomec Customer isresponsible for returning the defective Product to an Extreme -authorized return facility |nthe event that you fail to return the defective Product within ten (l0) business days of receipt of the replacement FRU. Extreme reserves the right to require customerto pay the full, or portion of the, List Price of the FRU or product component. Extreme will send an invoice to customer that will reflect the amounttobepaid. Hardware Replacement: General Provisions - Extreme is not responsible for any delays related toexport or customs regulations orprocesses, or transportation issues. thirty (30) days from the date of shipment of the Product from Extreme (or inthe case ofresale by an Extreme authorized reseller orchannel partner, commencing not more than ninety (90)days after shipment by Extreme). Extreme will use all commercially reasonable efforts to provide Advanced Hardware Replacement ofaffected field replaceable unit (FRU)ofHardware Products that fail to operate within twenty-four(24) hours ofinitial installation. For purposes ofthis DOA policy, "fail tooperate" shall mean a material failure tosubstantially perform in accordance with the Hardware Products' published Documentation. Warranty Duration: Integrated Component Coverage - For certain product families someintegrated Components, such as power supplies, fans, and cab|es, may have their own separate warranty duration which may be different than the product it is embedded in. For alisting, reference Table 2 - integrated Component Coverage below. Table 2 - Integrated The following components that are integrated within a product may have separate warranty provisions: Product Family Fans Power SuppfieO I. -Series N/A 3 Years naiemal neuunuanflponersupplieoore mcmueummenananivcov mme [or mex. a.anu c seneoneuunuanfl pw°ersupp1v c^hleo madam m/ppeunux exiemal neuunuanfl ponersuppxeo amcmmmu unuerme neuunuanflPower supplvwmnaniv Appliance Products and Products Sold Within aBundle - For products that are sold ina^bund|ed^manner rioted aseither aBundle orasanAppliance infurther defined in Extreme's published price list, the warranty provision provided is per each individual Product Part Number that comprises the bund|e, unless otherwise noted in the price list. www.sxresmswsrvmmxs»,m s Attachment Page 405 of 471 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme isriot responsible for any delays related toexport orcustoms regulations or pnrcesses, in the event of force maUeune,ordue totransportation issues. Actual delivery times may vary depending on specific customer location. Replacement Products will be warranted for the remaining warranty period ofthe original Products that were replaced, and may be new or refurbished products. |fawarranty claim is invalid for any reason and Extreme agrees to repair the returned Product even though it is not under warranty, Extreme reserves the right to charge for services performed and expenses incurred by Extreme in repairing, hand|ing and shipping the returned Product. Expendable parts, such as fuses, |amps, fi|ters, and other parts that are regularly replaced due tonormal use are excluded from this limited Product Warranty. As to Products repaired or replaced during the original warranty period for such Product, the warranty period onthe replacement Product orthe repaired Product shall terminate 30 days after shipment to End User or upon the termination ofthe original warranty period, whichever is longer. Unless required for operational reasons oras otherwise agreed between customerand Extreme in aseparate writing, replacement FRU will beatthe then -current minimum hardware, software and software release levels as published byExtreme for the Product being replaced. Astoany out-of-wanantyProducts repaired, modified or replaced by Extreme at Extreme's regular published charges, the warranty period with respect tothe material and workmanship hereunder shall expire 30days after the date ofshipment ofsaid Product toEnd User. XMIUMUM The warranties set forth above shall riot apply to: (i)any third party software or hardwane, whether or not such third party software or hardware isorwas provided by Extreme; (ii)any Products that have been modified or repaired byanyone orany entity other than Extreme or asauthorized byExtreme inwriting; or(iii)any Products Em: Extreme- which have riot been maintained inaccordance with any handling oroperating instructions supplied byExtreme, or that have been subjected toany unusual ornon-standard physical or electrical stress, misuse, negligence, accidents, orcauses beyond Extreme's control. The warranties and corresponding entitlements set forth herein are for the benefit ofand shall apply only toend user customer. EXCEPT FOR THE EXPRESS WARRANTIES AND CONDITIONS SET FORTH HEREIN, EXTREME MAKES NOOTHER WARRANTIES ORCONDITIONS REL/g-|NG TOTHE PRODUCTS AND/OR FRU(s)PROVIDED, AND SPEC|F|CALLYAND EXPRESSLY0SCLA|MSANY OTHER EXPRESS, |MPL|EOORSTATUTORY WARRANTIES AND FURTHER EXPRESSLY0SCLA|MSANY WARRANTY OFMERCHANTAB|L|TyFITNESS FOR PART|CULAR PURPOSE, ACCURACY OF INFORMATION, OR NON - INFRINGEMENT OF THIRD PARTY RIGHTS. |NNOEVENT VV|LLEXTREME BEL|ABLETOCUSTOMER FOR ANY INDIRECT, SPECIAL- INCIDENTAL- CONSEQUENTIAL- OR EXEMPLARYDAMAGES OFANY KIND (|NCLU0NGBUT NOT L|M|TEOTOANY LOSTPROFITS ORLOSTSAVINGS, LOSSOFUSE ORINTERRUPTION OFBUSINESS, OR PROCUREMENT OFSUBSTITUTE GOOOS).HOWEVER CAUSED, WHETHER ARISING |NCONTRACT, TORT, BREACH OFWARRANTY, NEGL|GENCE.STRICT L|AB|L|TY OROTHERWISE, EVEN |FEXTREME WAS ADVISED OF THE POSS|B|L|TYOFSUCH DAMAGES, AND WHETHER ORNOT ANY REMEDY PROVIDED HEREIN SHOULOFAIL- OF |TSESSENT|ALPURPOSE. EXTREME TOTAL- L|AB|L|TY UNDER THIS WARRANTY TOCUSTOMER |NRELAT|ONTO THE PROOUCT(S)AND/OR FRU(S)AND FULF|LLMENTOF WARRANTY SERVICES ASDEFINED HEREIN SHALLBE L|M|TEOTOTHE AMOUNTS PAID TOEXTREME FOR SUCH PROOUCT(S)AND/OR FRU(S). Extreme reserves the right to engage third party subcontractors toperform any services defined herein on behalf ofExtreme. xttp://wwwmmmm*netwm,xs.com/contvct // Phone +1'*oo'579'2000 Vzossmemewewmms,Inc. All rights rosomeusmemewewmmsand mesmemewewmms logo aro tradomamsmeowtoeuuademamsofsmemewewmms,Inc. m meooitodsmtosand/or ome,omomes.All othe,oamesaro mepmpeny ofme/,especuveo*oers.For additional Information oosmemewewm,ksnacoma,ksploaso see littp://www.extremerietworks.com/compariy/legal/trademarks. Specifications and product availability are subject tochange without notice. mnz1'nws'ns www.sxresmswsrwoexs»,m s Attachment Page 406 of 471 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. rm "u End User License Agreement 4= C u tonfi :-r, r d� ,,ein NPbi6 nk ,g This document is an agreement ("Agreemenf') between You, the end user, and Extreme Networks, Inc., on behalf of itself and its Affiliates ("Extreme") that sets forth Your rights and obligations with respect to the "Licensed Materials". BY INSTALLING SOFTWARE AND/OR THE LICENSE KEY FOR THE SOFTWARE ("License Key") (collectively, "Licensed Software"), IF APPLICABLE, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE AND/OR ANY OF THE LICENSED MATERIALS UNDER THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE LICENSE(S) AND THE LIMITATION(S) OF WARRANTY AND DISCLAIMER(S)/LIMITATION(S) OF LIABILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE LICENSE KEY (IF APPLICABLE) TO EXTREME OR YOUR DEALER, IF ANY, OR DO NOT USE THE LICENSED SOFTWARE AND/OR LICENSED MATERIALS AND CONTACT EXTREME OR YOUR DEALER WITHIN TEN (10) DAYS FOLLOWING THE DATE OF RECEIPT TO ARRANGE FOR A REFUND. 1. DEFINITIONS. "Affiliates" means, with respect to a party, any person, partnership, corporation, limited liability company, or other form of enterprise that directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with such party. "Server Application" means the software application associated to software authorized for installation (per License Key, if applicable) on one or more of Your servers as further defined in the Ordering Documentation. "Client Application'' means the application to access the Server Application. "Network Device" means a physical computer device, appliance, appliance component, controller, wireless access point, or virtual appliance as further described within the applicable product documentation, which includes, without limitation, the Order Documentation. "Licensed Materials" means the Licensed Software (including, without limitation, the Server Application and Client Application), Network Device (if applicable, but excluding any ODM Network Device), Firmware, media embodying software, and the accompanying documentation. "Concurrent User" means any of Your individual employees who You provide access to the Server Application at any one time. "Firmware" means any software program or code embedded in chips or other media. "Standalone" software is software licensed for use independent of any hardware purchase as identified in the Ordering Documentation. "ODM Network Device" means a Network Device purchased by You from a Specified ODM as identified in the Ordering Documentation. "Specified ODM" means an original device manufacturer as identified in the Ordering Documentation. "Licensed Software" collectively means the software, including without limitation Standalone software, Firmware, Server Application, Client Application or other application licensed with conditional use parameters as defined in the Ordering Documentation. "Ordering Documentation" means the applicable price quotation, corresponding purchase order, relevant invoice, order acknowledgement, and accompanying documentation or specifications for the products and services purchased, acquired or licensed hereunder from Extreme either directly or indirectly. "Open Source Software" means any software code or component that is distributed as open source software or freeware or is otherwise distributed publicly or made generally available in source code form under terms that permit modification and redistribution on one or more triggering conditions. 2. TERM. This Agreement is effective from the date on which You accept the terms and conditions of this Agreement via click -through, commence using the products and services or upon delivery of the License Key if applicable, and shall be effective until terminated. In the case of Licensed Materials offered on a subscription basis, the term of "licensed use" shall be as defined within Your Ordering Documentation. 3. GRANT OF LICENSE. Extreme hereby grants You a non -transferable, non-sublicensable, non-exclusive license to use the Licensed Materials and the accompanying documentation for Your own business purposes, subject to the terms and conditions of this Agreement, applicable licensing restrictions, and any term, user server networking device, field of use, or other restrictions as set forth in Your Ordering Documentation. If the Licensed Materials are being licensed on a subscription and/or capacity basis, the applicable term and/or capacity limit of the license shall be specified in Your Ordering Documentation. You may install and use the Licensed Materials as permitted by the license type purchased as described below in License Types. The license type purchased is specified in the Ordering Documentation. YOU MAY NOT USE, COPY, OR MODIFY THE LICENSED MATERIALS, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. 4. LICENSE TYPES. • Single User, Single Network Device. Under the terms of this license type, the license granted to You by Extreme authorizes You to use the Licensed Materials as bundled with a single Network Device as identified by a unique serial number for the applicable term, if and as specified in Your Ordering Documentation, or any replacement for that Network Device for that same term, for internal use only. A separate license, under a separate license agreement, is required for any other Network Device on which You or another individual, employee or other third party intend to use the Licensed Materials. A separate license under a separate license agreement is also required if You wish to use a Client license (as described below). • Single User, Multiple Network Devices. Under the terms of this license type, the license granted to You by Extreme authorizes You to use the Licensed Materials with a defined amount of Network Devices as defined in the Ordering Documentation. • Client. Under the terms of the Client license, the license granted to You by Extreme will authorize You to install the License Key for the Licensed Materials on Your server and allow the specific number of Concurrent Users as ordered by you and is set forth in Your Ordering Documentation. A separate license is required for each additional Concurrent User. • Standalone. Software or other Licensed Materials licensed to You for use independent of any Network Device. • Subscription. Licensed Materials, and inclusive Licensed Software, Network Device or related appliance updates and maintenance services, licensed to You for use during a subscription period as defined in Your applicable Ordering Documentation. • Capacity. Under the terms of this license, the license granted to You by Extreme authorizes You to use the Licensed Materials up to the amount of capacity or usage as defined in the Ordering Documentation. 5. AUDIT RIGHTS. You agree that Extreme may audit Your use of the Licensed Materials for compliance with this Agreement and Your License Type at any time, upon reasonable notice. In the event that such audit reveals any use of the Licensed Materials by You other than in full compliance with the Attachmentag Page Page 563 Of 943 December 2018 EULA e 1 of 4 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme Networks End User License Agreement license granted and the terms of this Agreement, Extreme reserves the right to charge You for all reasonable expenses related to such audit in addition to any other liabilities and overages applicable as a result of such non-compliance, including but not limited to additional fees for Concurrent Users, excess capacity or usage over and above those specifically granted to You. From time to time, the Licensed Materials may upload information about the Licensed Materials and the associated usage to Extreme. This is to verify the Licensed Materials are being used in accordance with a valid license and/or entitlement. By using the Licensed Materials, you consent to the transmission of this information. 6. RESTRICTION AGAINST COPYING OR MODIFYING LICENSED MATERIALS. Except as expressly permitted in this Agreement, You may not copy or otherwise reproduce the Licensed Materials. In no event does the limited copying or reproduction permitted under this Agreement include the right to decompile, disassemble, electronically transfer, reverse engineer, extract or otherwise derive, the source code and any other ideas, algorithms or procedures from the Licensed Materials, including without limitation the Licensed Software, or to translate the Licensed Materials into another computer language, except to the extent that Extreme is not permitted by applicable law to exclude or limit such rights. The media or software in other form embodying the Licensed Materials may be copied by You, in whole or in part, into machine-readable form, in sufficient numbers only for backup or archival purposes, or to replace a worn or defective copy. However, You agree not to have more than two (2) copies of the Licensed Software in whole or in part, including without limitation the original media, in Your possession for said purposes without Extreme's prior written consent, and in no event shall You operate more copies of the Licensed Software than the specific licenses granted to You. Notwithstanding the above, you may not copy or reproduce the documentation. You agree to maintain appropriate records of the location of the original media and all copies of the Licensed Software, in whole or in part, made by You. You agree to include any copyright, trademark, claims of confidentiality, or trade secrets, or other proprietary notice set forth on the label of the media embodying the Licensed Software on any copy of the Licensed Materials in any form, in whole or in part, or on any modification of the Licensed Materials or any such modular work containing the Licensed Materials or any part thereof. 7. TITLE AND PROPRIETARY RIGHTS. (a) The Licensed Materials are copyrighted works and, as between You and Extreme, are the sole and exclusive property of Extreme, its Affiliates, and/or its and their suppliers. This Agreement conveys a limited right to operate the Licensed Materials and shall not be construed to convey title to the Licensed Materials to You. There are no implied rights. You shall not sell, lease, transfer, sublicense, dispose of, or otherwise make available the Licensed Materials or any portion thereof, to any other party. (b) You further acknowledge that in the event of a breach of this Agreement, Extreme shall suffer severe and irreparable damages for which monetary compensation alone will be inadequate. You therefore agree that in the event of a breach of this Agreement, Extreme shall be entitled to monetary damages and its reasonable attorney's fees and costs in enforcing this Agreement, as well as injunctive relief to restrain such breach, in addition to any other remedies available to Extreme. 8. PROTECTION AND SECURITY. In the performance of this Agreement or in contemplation thereof, You and Your employees and agents may have access to private or confidential information owned or controlled by Extreme relating to the Licensed Materials supplied hereunder including, but not limited to, product specifications and schematics, and such information may contain proprietary details and disclosures. All information and data so acquired by You or Your employees or agents under this Agreement or in contemplation hereof shall be and shall remain Extreme's exclusive property, and You shall use all commercially reasonable efforts to keep, and have Your employees and agents keep, any and all such information and data confidential, and shall not copy, publish, or disclose it to others, without Extreme's prior written approval, and shall return, destroy or expunge such information and data to Extreme at its request. Nothing herein shall limit Your use or dissemination of information not actually derived from Extreme or of information which has been or subsequently is made public by Extreme, or a third party having authority to do so. You agree not to deliver or otherwise make available the Licensed Materials or any part thereof, including without limitation the object or source code (if provided) of the Licensed Software, to any party other than Extreme or its employees, except for purposes specifically related to Your use of the Licensed Materials on a single computer as expressly provided in this Agreement, without the prior written consent of Extreme. You acknowledge that the Licensed Materials contain valuable confidential information and trade secrets, and that unauthorized use, copying and/or disclosure thereof are harmful to Extreme, its Affiliates, and its and their suppliers. 9. MAINTENANCE AND UPDATES. Except as otherwise defined below, updates and certain maintenance and support services, if any, shall be provided to You pursuant to the terms of a separate service and/or maintenance agreement, if Extreme and You enter into such an agreement. Except as specifically set forth in such agreement, Extreme shall not be under any obligation to provide updates, modifications, or enhancements, or maintenance and support services for the Licensed Materials to You. If you have purchased Licensed Materials on a subscription basis then the applicable service terms for Your Licensed Materials are as provided in Your Ordering Documentation. Extreme will perform the maintenance and updates in a timely and professional manner, during the term of Your subscription, using qualified and experienced personnel. You will cooperate in good faith with Extreme in the performance of the support services including, but not limited to, providing Extreme with: (a) access to the Extreme Licensed Materials (and related systems), and (b) reasonably requested assistance and information. Further information about the applicable maintenance and updates terms can be found on Extreme's website atllttdla://www exn.ueincited,Nvoallti .coin/comlapul ��;1➢1d CI Iii ;tau aulalati�a;;V; . 10. DEFAULT AND TERMINATION. In the event that You shall fail to keep, observe, or perform any obligation under this Agreement, including without limitation a failure to pay any sums due to Extreme, or in the event that you become insolvent or seek protection, voluntarily or involuntarily, under any bankruptcy law, Extreme may, in addition to any other remedies it may have under law, terminate this Agreement and any other related agreements between Extreme and You. (a) Immediately after any termination of this Agreement, Your licensed subscription term, or if You have for any reason discontinued use of Licensed Materials, You shall return to Extreme, destroy or expunge (in Extreme's discretion) the original and any copies of the Licensed Materials and remove the Licensed Materials, including without limitation any Licensed Software, from any Network Devices, and certify in writing that through Your best efforts and to the best of Your knowledge the original and all copies of the terminated or discontinued Licensed Materials have been returned to Extreme, destroyed or expunged. (b) Sections 1, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive expiration or termination of this Agreement for any reason. Attachment 9 Page 408 71 Of 943 December 2018 EULA Page 2 of 4 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme Networks End User License Agreement 11. EXPORT REQUIREMENTS. You are advised that the Licensed Materials, including without limitation the Licensed Software, is of United States origin and subject to United States Export Administration Regulations; diversion contrary to United States law and regulation is prohibited. You agree not to directly or indirectly export, re-export, import or transmit the Licensed Materials, including without limitation the Licensed Software to any country, end user or for any use that is prohibited by applicable United States laws or regulations (including but not limited to those countries embargoed from time to time by the United States government) or contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, re- export, import, transmission or use. 12. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Licensed Materials (i) incorporate commercial computer software and commercial computer software documentation developed exclusively at private expense, and (ii) are in all respects proprietary property belonging solely to Extreme or its suppliers. If You are acquiring the Licensed Materials on behalf of any part of the U.S. government, the following provisions apply. The object code and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the object code or the accompanying documentation by the U.S. government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the provisions hereof. Any technical data provided that is not covered by the above provisions is deemed to be "technical data" and "commercial items" pursuant to DFAR Section 252.227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 252.227.7015(b). 13. LIMITED WARRANTY AND LIMITATION OF LIABILITY. Extreme warrants to You that (a) the initially -shipped version of the Licensed Materials will materially conform to the Ordering Documentation; and (b) the media on which the Licensed Software is recorded will be free from material defects for a period of ninety (90) days from the date of delivery to You or such other minimum period required under applicable law. Extreme does not warrant that Your use of the Licensed Materials will be error -free or uninterrupted. NONE OF EXTREME, ITS AFFILIATES, OR ITS OR THEIR LICENSORS OR SUPPLIERS, MAKE ANY OTHER WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED "AS IS". THE LIMITED WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON -INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED, AND STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. IN NO EVENT WILL EXTREME OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR ANY LOST PROFITS OR DATA, OR ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR INABILITY TO USE THE LICENSED MATERIALS, TO ANY PARTY EVEN IF EXTREME OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EXTREME OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOU PAID FOR THE LICENSED MATERIALS DURING THE TWELVE (12) -MONTH PERIOD PRECEDING THE EVENT CAUSING THE CLAIM. Some jurisdictions do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to You. This limited warranty gives You specific legal rights, and You may also have other rights which vary based on Your applicable jurisdiction. 14. GOVERNING LAW; JURISDICTION. The validity, performance and construction of this Agreement and the rights and obligations of the parties pursuant to this Agreement shall be governed and construed in accordance with the laws of the State of California, without reference to any conflicts of law rules that would mandate the application of the laws of another jurisdiction. Extreme and You hereby consent to the exclusive jurisdiction of, and venue in, the State and Federal courts of the State of California. You waive any objections to the personal jurisdiction and venue of such courts. None of the 1980 United Nations Convention on the Limitation Period in the International Sale of Goods, the United Nations Convention on Contracts for the International Sale of Goods, or the Uniform Computer Information Transactions Act shall apply to this Agreement. 15. FREE AND OPEN SOURCE SOFTWARE. Portions of the Licensed Software provided to You may contain Open Source Software that is subject to a license that permits You to modify these portions and redistribute the modifications (an "Open Source License"). Your use, modification, and redistribution of the Open Source Software are governed by the terms and conditions of the applicable Open Source License. Some of the Open Source Software may be subject to: the GNU General Public License (GPL), the Lesser General Public License (LGPL), the Artistic License, the Mozilla Public License, Common Public License, the BSD License, the MIT License, the Apache License, the Creative Commons License, and/or other Open Source Licenses, copies of which are provided with the Licensed Materials or can be found on Extreme's website at ➢udhla :Ify w ex,i-eincitefi,Nvoilti .Coin/ uilrl..IIlao�n�i��ylola�ru y2 �� deck un udion/. In accordance with the terms of GPL and LGPL, you may request a copy of the relevant source code should GPL and/or LGPL terms apply to your Licensed Software. Additional details are available upon request to Extreme. This offer is valid for up to three years from the date of original distribution of the relevant Licensed Software. All Open Source Software is provided to You on an "AS IS" basis, and Extreme makes no representations or warranties for the use of this Open Source Software by You independent of any Extreme provided product, software, or services. Refer to the licenses and copyright notices listed in the relevant open source declaration for any specific license terms that apply to each Open Source Software component and warranty, if any, from the associated authors or licensors. Extreme specifically disclaims any warranties for defects caused by altering or modifying any Open Source Software or the products' recommended configuration. You have no warranty or indemnification claims against Extreme in the event that the Open Source Software infringes the intellectual property rights of a third party. Technical support, if any, will only be provided for the unmodified Extreme product as used within such product's recommended configuration. 16. GENERAL. (a) This Agreement is the entire agreement between Extreme and You with respect to the subject matter hereof, including without limitation the Licensed Materials, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. Attachment 9 Page 409 71 Of 943 December 2018 EULA Page 3 of 4 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme Networks End User License Agreement (b) This Agreement may not be changed or amended except in writing signed by both parties hereto. No purchase order shall supersede or amend any terms of this Agreement. (c) You represent that You have full right and/or authorization to enter into this Agreement. (d) This Agreement shall not be assignable by You without the express written consent of Extreme. The rights of Extreme and Your obligations under this Agreement shall inure to the benefit of Extreme's assignees, licensors, and licensees. (e) Section headings are for convenience only and shall not be considered in the interpretation of this Agreement. (f) The provisions of the Agreement are severable and if any one or more of the provisions hereof are judicially determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions of this Agreement shall nevertheless be binding on and enforceable by and between the parties hereto. (g) Extreme's waiver of any right shall not constitute waiver of that right in future. (h) Should You have any questions regarding this Agreement, You may contact Extreme at the address set forth below. Any notice or other communication to be sent to Extreme must be mailed by certified mail to the following address: Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 United States ATTN: Legal Department AttachmentPage Page 566 Of 943 December 2018 EULA Page 4 of 4 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. All offers and related ordering for Extreme professional services as further defined herein are subject to the following terms and conditions. These terms and conditions apply to any and all purchase orders submitted by a channel partner, reseller, or end-user (hereafter referred to as "Customer") relating to the Services and will supersede any different or additional terms on Customer's purchase orders. For the purpose of this Agreement, "Extreme" shall mean either (a) Extreme Networks, Inc. with its billing address at 145 Rio Robles, San Jose, CA 95134, or (b) Extreme Networks Ireland Limited, with its billing address at Rineanna House, Shannon Industrial Estate, Co Clare, Republic of Ireland, VAT No IE8215318B, as such entity is designated in the sales quotation and corresponding order documentation issued hereunder. Billing matters should be directed to CreditAndColl ections&extremenetworks.com for e-mail inquiries or you may call 1-408-579-2800 for further direction. If you are exempt from sales tax please furnish a copy of your exemption certificate in the name of Extreme Networks, Inc., or as otherwise reasonably requested by Extreme. Services. Extreme will provide to Customer network engineering and/or consulting services as further identified by Extreme on its posted Price List and as further described pursuant to your applicable order documentation (the "Services"). Beyond the standard services descriptions as identified in your order documentation, delivery of Services may be further conditioned as set forth in a statement of work, letter of engagement, request for schedule, and/or any other document outlining the scope of services to be performed in accordance with these terms and conditions (hereinafter referred to as a "Scope Document"). Fees. Rates and Payment. Services fees and rates will be as published on Extreme's then -current applicable price list or as specified in the Scope Document, if any. If an hourly rate is specified, Customer will pay for each hour of Services without proration. If a flat rate is specified, Customer will pay at the rate specified. In addition to labor fees, Customer is responsible for all travel and out-of-pocket expenses related to the Services. Travel expenses may include without limitation: lodging, train fare, airfare, parking, tolls and mileage. Shipping expenses, if any, are the sole responsibility of Customer. Shipping expenses include: freight charges from Extreme to the staging area, freight charges from the staging area to the Customer site, overnight courier charges for replacement components, cables, etc. Services may be provided in a number of ways including on-site, telephone, and/or remote support. Fees and rates do not include, and Customer is responsible for, all sales, use, value-added and other taxes, and all customs, duties and tariffs, or export fees now or hereafter claimed or imposed by any governmental authority upon payments to Extreme under this Agreement. Payment on each invoice is due within thirty (30) days of date of such invoice. Extreme will have the right to use subcontractors to perform all or part of the Services as it deems appropriate, provided that Extreme shall remain responsible for such subcontractor's performance of such Services. Change Orders. In order to add or change any terms or conditions of these Terms and Conditions, a written change order signed by both parties ("Change Order") is required. Extreme will prepare all Change Orders. The parties must mutually agree to all Change Orders. Pending such agreement, Extreme will continue to perform and be paid as if such Change Order had not been requested or recommended. Deliverables and Acceptance. For purposes of these Terms and Conditions, the term "Deliverables" means the tangible results of the Services. Upon completion of the Services, Customer shall have five (5) days to verify that the Services and Deliverables provided substantially conform to these Terms and Conditions. Customer must notify Extreme of its non-acceptance within such five (5) day period. Any notification of non-acceptance will include a reasonably detailed description of the reasons for such non-acceptance. Extreme shall have thirty (30) days from the date of such notification to rectify the problem, following which Customer shall have another five (5) day period to review the applicable Services or Deliverables. In the event that Customer either (a) does not notify Extreme of any non-acceptance during the relevant five (5) day period, or (b) confirms its acceptance of the applicable Services or Deliverables, in writing within the relevant five (5) day period, the applicable Services or Deliverables shall be deemed accepted. Notwithstanding the foregoing, the acceptance criteria or procedures for Deliverables set forth in any Scope Document will only apply to the Services provided. License and Ownership. Upon Customer acceptance of a Deliverable and receipt by Extreme of payment in full, Extreme grants Customer a non-exclusive, perpetual, non -transferable license to use such Deliverable for its own internal purposes. Customer's license confers no title or ownership in the Deliverable and will not be construed as a sale of any rights in the Deliverable or the media on which it is recorded or printed. All copyrights and other intellectual property rights existing prior to the date of performance of Services shall belong to the party that owned such rights immediately prior to the date of performance of Services. Neither party shall gain by virtue of these Terms and Conditions any rights of ownership, patents, trade secrets, trademarks or any other intellectual property rights owned by the other. Extreme shall own all copyright, patents, trade secrets, trademarks and other intellectual property rights, title and interest in or pertaining to any techniques, know-how, software, inventions, processes, data, design, diagrams, documentation and all other information and materials created by Extreme in performing the Services hereunder. Confidentiality. Each party shall hold in confidence all materials or information disclosed to it hereunder which are marked as confidential or proprietary, or if disclosed verbally, would ordinarily be regarded as confidential in the course of business on account of the nature of the information or the circumstances of its disclosure ("Confidential Information"). Each party agrees to take precautions to prevent any unauthorized disclosure or use of Confidential Information consistent with precautions used to protect such party's own confidential or proprietary information, but in no event less than reasonable care. The obligations of the parties hereunder shall not apply to any Confidential Information which: (i) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known or available; (ii) is known by the receiving party at the time of receiving such information; or (iii) is independently developed by the receiving party without use of any of the other party's Confidential Information. Notwithstanding the foregoing, disclosure of Confidential Information shall not be precluded if such disclosure is in response to a valid order of a court or other governmental body or otherwise required by law; provided, however, that the responding party shall first have given notice to the other party hereto to enable such other party to seek a protective order or otherwise prevent such disclosure. Limited Warranty. Extreme will use reasonable commercial efforts to provide the Services in a professional and workmanlike manner. EXTREME MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY UNDER THESE TERMS AND CONDITIONS AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON -INFRINGEMENT OF THIRD PARTY RIGHTS. EXTREME'S TOTAL LIABILITY ARISING FROM THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE TOTAL AMOUNT PAID TO EXTREME UNDER THIS AGREEMENT. EXTREME WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND UNDER THESE TERMS AND CONDITIONS. Extreme will not be responsible in anyway for any losses or other consequences arising from its failure to meet any schedule due to any delay, inability or failure by Customer or third party to deliver or provide access to any information or materials required for performance of the Services. Attachment D Page 411 of 471 Page 567 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Limitation ofLiability. UNDER NO CIRCUMSTANCES WILL EXTREME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF EXTREME WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF EXTREME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES, FOR DAMAGES HEREUNDER IS LIMITED TO THE AMOUNTS THAT CUSTOMER HAS PAID EXTREME UNDER THE SCOPE DOCUMENT UNDER WHICH CUSTOMER'S CLAIM AROSE. CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EXTREME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY THEM ARISING IN CONNECTION WITH THE PERFORMANCE OF SERVICES HEREUNDER EXCEPT TO THE EXTENT RESULTING FROM EXTREME'S WILLFUL OR KNOWING MISCONDUCT. Noninterference with Business. During this Agreement, and for a period of two (2) years immediately following this Agreement's termination or expiration, Customer agrees not to interfere with the business of Extreme in any manner. By way of example and not of limitation, Customer agrees not to solicit or induce any employee or independent contractor to terminate or breach an employment, contractual or other relationship with Extreme. Master Services Agreement. Except as otherwise governed pursuant to a valid and current written and duly executed agreement between Customer and Extreme (a "Services Agreement") in the event of a conflict between such Services Agreement and these Terms and Conditions, the terms of the Services Agreement will prevail as applied against such conflicting terms. Miscellaneous. Extreme is and at all times shall be an independent contractor in all matters relating to these Terms and Conditions. These Terms and Conditions will be governed by the laws of California, without regard to that body of law controlling conflicts of law. All disputes arising under these Terms and Conditions shall be brought in Superior Court of the State of California in Santa Clara County or the Federal District Court of San Jose, as permitted by law. Either party shall have the right to terminate these Terms and Conditions upon the material breach of the other party; provided the breaching party has failed to cure such breach within thirty (30) days after receipt of written notice of such breach. A provision of these Terms and Conditions will survive expiration or termination of these Terms and Conditions if the context of the provision indicates that it is intended to survive. If these Terms and Conditions is terminated, Customer will promptly pay Extreme for Services performed prior to the termination date, plus any expenses incurred. These Terms and Conditions may not be assigned by Customer by operation of law or otherwise without the prior written approval of Extreme. Extreme's rights and obligations, in whole or in part, under these Terms and Conditions may be assigned or delegated by Extreme to any affiliated company or subsidiary or in connection with a merger, reorganization, consolidation or sale of all or substantially all of Extreme's assets. These Terms and Conditions shall be binding upon, and inure to the benefit of, the successors and assigns of the parties thereto. No waiver will be implied from conduct or failure to enforce rights, and no waiver will be effective unless in writing signed on behalf of the party against whom the waiver is asserted. Neither party will have the right to claim damages or to terminate these Terms and Conditions as a result of the other party's failure or delay in performance due to circumstances beyond its reasonable control (except for obligations relating to fees payable under these Terms and Conditions), including but not limited to labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, components, raw materials or supplies, war, riot, insurrection, epidemic, natural disasters, governmental action or terrorism. If any part of these Terms and Conditions is found invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of these Terms and Conditions will remain in full force. Attachment D Page 412 of 471 Page 568 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t P,yorj th N -,wank Terms of Support NOTICE TO ALL USERS: PLEASE READ THESE TERMS OF SUPPORT (THE "AGREEMENT") CAREFULLY. EXTREME RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THIS AGREEMENT AT ANY TIME WITHOUT FURTHER NOTICE BUT WILL POST THE REVISED AGREEMENT ON EXTREME'S WEBSITE. YOUR CONTINUED USE OF THE SERVICES AFTER ANY SUCH REVISIONS CONSTITUTES YOUR ACCEPTANCE OF THE NEW AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT OR ANY FUTURE REVISED AGREEMENT, DO NOT USE OR CONTINUE TO USE THE SERVICES. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THE EXTREME WEBSITE TO DETERMINE IF THERE HAVE BEEN ANY CHANGES TO THIS AGREEMENT AND TO REVIEW SUCH CHANGES. Extreme Networks, Inc. ("Extreme") agrees to provide the ExtremeWorks Support Program and related Support Plans to You pursuant to the following terms and conditions. If You do not accept these terms, do not purchase or use the ExtremeWorks Support Program or related Support Plans. 1. Definitions. In addition to the terms defined elsewhere in this Agreement, the following terms have the following meanings: 1.1 "Authorized Resellers" means those companies (a) authorized by Extreme to resell, promote or deliver the ExtremeWorks Support Program to the marketplace, and (b) through which Company has purchased the ExtremeWorks Support Program. 1.2 "Customer" or You" means a purchaser of the Services who acquires such Services for ordinary business usage and not for purposes of further distribution or resale. 1.3 "Customer Documentation" means Product documentation, Product specifications and other related materials. 1.4 "Customer Personal Data" means all personal data (as defined in the Data Protection Law) which is processed by Extreme on Your behalf, or on behalf of an End User, in connection with the Services. 1.5 "Data Protection Law" means all applicable laws relating to data protection and privacy including (without limitation) the EU Data Protection Directive (95/46/EC) as implemented in each jurisdiction, the EU General Data Protection Regulation (2016/679), the EU Privacy and Electronic Communications Directive 2002/58/EC, as implemented in each jurisdiction, and any amending or replacement legislation from time to time. 1.6 "Defect" means a failure of any Product to operate in accordance with Extreme's technical specifications as set forth in the End User Documentation. 1.7 "Intellectual Property Rights" means any and all current and future (i) rights associated with works of authorship; including but not limited to copyrights, moral rights, and mask -work rights; (ii) patent rights, rights of priority, and design rights; (iii) trade secret rights, (iv) trademark rights (including service mark rights) and trade dress rights; (v) all other intellectual and industrial property rights of every kind and nature which may exist anywhere in the world, whether registered or unregistered; and (vi) any and all applications and registrations, renewals, extensions, provisionals, continuations, continuations -in -part, divisions, reissues or reexaminations of any of the foregoing. 1.8 "Price List" means Extreme's suggested retail price list applicable to the delivery location in effect at the time of order acceptance by Extreme, which price list is subject to revision from time to time in Extreme's sole discretion. Attachment D Page 413 of 471 Page 569 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t P,yorj th N -,wank 1.9 "Products" mean Extreme commercial networking products as identified in the Price List, including (i) hardware products with embedded Software, (ii) Software Products in object code form, (iii) End User Documentation, and (iv) other materials related to the foregoing, if any, supplied to You and/or the Company in a commercial package. 1.10 "Releases" mean Updates and Upgrades, collectively. No Alpha or Beta or non -production versions shall be considered Releases. 1.11 "Services Environment" refers to the combination of hardware and software components owned, licensed or managed by Extreme to which Extreme may establish a data communication link between You and Extreme, and from which Extreme may access Your Products, as part of, and in order to, provide the Services You have ordered. You may be required to provide systems passwords so that problems may be diagnosed and, where possible, corrected remotely. 1.12 "Service Specification" means the Extreme document that sets forth the description of the Extreme service or solution -offering that You are purchasing. 1.13 "Services" mean the services provided by Extreme under the ExtremeWorks Support Program (or similar support arrangement), the Premier Services Program (PSP) Foundation Services, and Extreme Managed Services, or any other end user services provided by Extreme under this Agreement in accordance with the applicable program guide, and as further described in the Service Specification. 1.14 "Software" or "Software Products" mean Extreme software products in object code form which are either sold separately or embedded into Extreme hardware products. Software Products are licensed to You and/or Company under the then -current software license terms for the Software Product in effect at the time of order acknowledgement by Extreme. 1.15 "Trademarks" mean "Extreme Networks" and the applicable Product trademarks as listed in Extreme's usage guidelines, subject to revision from time to time in Extreme's sole discretion. 1.16 "Update" means a new version of a Software Product that includes defect corrections, bug fixes and/or minor enhancements that operate within the framework of the specifications for the current Upgrade of the Software Product, but does not include substantive features or functions not performed by the prior Release of the Software Product. 1.17 "Upgrade" means a new version of a Software Product that includes substantive features or functions not performed by the prior Release of the Software Product. 1.18 "Your Content" means all text, files, images, graphics, illustrations, information, data (including Customer Personal Data as defined in this Agreement), audio, video, photographs and other content and material, in any format, provided by You or on behalf of any End User that reside in, or run on or through, the Service. 2. Services. The scope of the Services provided to Company hereunder is based on the support plan purchased by Company for each unit of the Product purchased. Service Descriptions of the available Extreme support plans, including Extreme's obligations and End User entitlements, are set forth at,_Ir;;I; t //www,extirei rieirietwoirlks,coi mo/su.., oirt/i moa inteiroairoce ,seirvlices (together, the "Support Plans"). Certain on-site Services may not be available in some geographic regions or may require a "phase-in" period before they can be made available to Company. Extreme shall have the right to use subcontractors to perform all or part of the Service(s), as it deems appropriate. To be eligible for the PSP Foundation Service, Company must have Extreme equipment with current maintenance support entitlements. Future Services are deemed added to this Agreement at such time as they are added to the Price List, unless otherwise specified by Extreme in writing. Extreme has the right to discontinue the distribution or availability of any Service at any time upon sixty (60) days' prior notice to Company by email, notification on Extreme's website, or any other method permitted under this Agreement. In accordance with the Support Plan purchased for the applicable Product, the Services may include the following: Attachment D Page 414 of 471 Page 570 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t ,, rn.J th N -,wank 2.1 Releases. Extreme or its authorized representatives will make available to Company all Releases made generally available by Extreme only for Products for which Company has an active contract for Services. The content of all Releases shall be decided upon by Extreme in its sole discretion. Updates for Products for which Company has an active contract for Services shall be provided to Company at no additional charge during the term of this Agreement. Extreme shall impose additional charges for Upgrades. Company shall install only one (1) copy of a Release for each Product under an active contract for Services, and Company is prohibited from installing Releases on any Product which is not covered under an active contract for Services. 2.2 Corrections. Extreme shall use commercially reasonable efforts to provide a correction or workaround for any reported and reproducible Defect in any Product for which Services have been purchased with a level of effort commensurate with the severity level; provided that Extreme shall have no obligation to correct all Defects in the Products. Company shall notify Extreme TAC of the nature and severity of such Defect and the specific serial number of the applicable Product, and provide Extreme with enough information to locate and reproduce the Defect. Extreme shall not be responsible for correcting any Defect not attributable to Products or any Defect listed under Section 3 ("Exclusions"). 3. Exclusions. The Services provided by Extreme hereunder will not include support and maintenance of any third -party software or hardware not provided by Extreme. Extreme is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident, natural disasters, terrorism, negligence, or misuse of the Products (such as, without limitation, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or (v) certain components, including but not limited to the following: spare fan trays, blank panels, cables, cable kits, rack mount kits, brackets, antennas, GBICs and miniGBICs. Extreme shall only be obligated to support the then -current revision of the Products and the immediately prior revision. Support for any earlier versions or for other problems not covered under the Services may be obtained at Extreme's then -current rates for special technical services and on Extreme's then -current terms and conditions for such services, subject to acceptance by Extreme at its sole discretion. 4. Company Obligations. 4.1 Company Assistance. Company agrees to provide Extreme with reasonable access to the Products for which problems are reported and all back-ups and Company information services, technical personnel, facilities, and premises as required in connection with the performance of the Services. To efficiently resolve problems and perform local hardware diagnostics, Company shall provide modem level access for all Company sites. Company may provide passwords and/or activate the modem when needed. Company shall be responsible for any and all cables, hardware or software not provided by Extreme. Company's failure to provide such access or information may delay the Services and/or result in Extreme's inability to perform the Services; in such cases, Extreme shall not be liable for any consequences relating to or resulting from such delay or failure to perform. 4.2 Contact People. Company shall appoint at least two (2) individuals who have been trained and are knowledgeable on Extreme products within Company's organization to serve as the primary contacts between Company and Extreme and to receive support as provided herein. Company shall provide and shall update as appropriate contact information for the primary contacts, including address, phone number and email address. All of Company's support inquiries shall be initiated through these primary contacts. Attachment D Page 415 of 471 Page 571 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t ,, rn.J th N -,wank 4.3 Restrictions on Copying and Reverse Engineering. As a material consideration for this Agreement, Company expressly agrees not to translate, disassemble, reverse compile or reverse engineer the Products, including the Software Products, in whole or in part, except to the extent such prohibition is restricted by applicable law. Company will not copy, modify, create derivative works, rent, lease, loan or use for timesharing or service bureau purposes any Products, including Software Products, in whole or in part without the prior written approval of Extreme, which approval may be withheld in Extreme's sole discretion. 4.4 No Removal of Markings. Company agrees Products and not to remove or destroy any patent, marking, or confidentiality legend placed upon or Documentation supplied by Extreme. 5. Ordering and Payment Terms. 5.1 Orders. to comply with all legends that appear on or in the copyright, logo, trademark, trade name, proprietary contained within Products, containers or End User 5.1.1 The terms and conditions of this Agreement will apply to any and all purchase orders submitted by Company and will supersede any different or additional terms on Company's purchase orders. 5.1.2 Each purchase order must be acknowledged and accepted by Extreme in writing prior to Extreme incurring any obligation under such purchase order. Extreme reserves the right to reject any order. 5.1.3 In countries where Services are available from Extreme, Company may purchase a Support Plan set forth on Extreme's then -current Price List by submitting an order for such Support Plan either at the time of the purchase of the Product to which it relates or at any time thereafter, subject to Section 5.2 ("Reinstatement and Inspection"), Section 6 ("Support for End of Life") and Extreme's acceptance of such order at its sole discretion. Company shall be responsible for any other travel and living expenses incurred in connection with the Services or on-site Service calls that are not expressly included in Company's applicable Support Plan. 5.1.4 Each order of one Support Plan is only valid for a single unit or units of the Product for which Service is purchased and paid for. All orders for Services must include the location where the Services will be provided, the Support Plan being purchased and the model number and serial number of the Product to be supported or such information must be provided to Extreme in writing promptly following the purchase of the Services. Extreme will not be obligated to provide Services for a Product unless Extreme has received such information. 5.1.5 All orders for Services placed with Extreme will be non -cancelable, and all support fees and training fees, if applicable, paid to Extreme shall be non-refundable. 5.2 Reinstatement and Inspection. If Services are not ordered concurrently with any Product orders or are not promptly renewed each year, Extreme may, at its option, commence such Services upon payment of the applicable support fee and a reinstatement fee. If a Product is purchased in used condition, Extreme may, at its option, inspect the Product and commence Services for such Product upon payment of the applicable support fee, a reinstatement fee and Extreme's inspection fee. 5.3 Purchases from Extreme. If Company is purchasing the Services directly from Extreme, Extreme's terms and conditions of sale and service shall apply to such purchase. These terms and conditions can be found at htti3://extremenetworks.com/comi3anv/lecial/terms-of-sales/. Attachment D Page 416 of 471 Page 572 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t ,, rn.J th N -,wank 5.4 Purchases from Authorized Reseller. If Company is purchasing the Services from an Authorized Reseller, notwithstanding the above, the payment terms set forth in Company's agreement with the Authorized Reseller shall govern; provided, however, in the event the Company's Authorized Reseller defaults on its payment obligations to Extreme for the Services, then You or Company's Use of the Services may be suspended without notice, until such time as the Authorized Reseller cures the breach, or the Company elects to contract for Services directly with Extreme. All other terms of this Agreement shall remain in full force and effect, and any other conflicting, additional or different terms set forth in an agreement between the Company and an Authorized Reseller are superseded by this Agreement and shall be entirely unenforceable against Extreme. 6. Support for End of Life. 6.1 Product End of Life. In the event Extreme discontinues or otherwise ceases to make available to its customers a particular Product model number, Extreme will continue to offer Services for such Product in accordance with its then -current End of Life Policy available atr� :::,// .::. ^ it ^i m;i, ,ir;;1,c^ ,irlk .::.a ,i m:p .0 .pl�oirl/eirod...o f..,salla...airid...eirid...of ..,su..jp oirin...Iprodu..jcts,/. The Services shall remain in effect with respect to other Products, if any, then covered. 6.2 Support Plan End of Life. Extreme reserves the right to discontinue any Support Plan in its sole discretion upon sixty (60) days' notice, by email, notification on Extreme's website, or any other method permitted under this Agreement, to Company; however, Extreme will continue to provide services under such discontinued Support Plan through the end of any prepaid support period so long as You and/or the Company is not in breach of any of its obligations under this Agreement. 7. Records and Audit. Company agrees to maintain complete, clear and accurate records relating to its activities under this Agreement, including, without limitation, its inventory and sales of each Product and Service (including reseller and end user information) (the "Records"), and retain such Records for such time period as may be required by law and commercially reasonable prudent practices, but not less than two (2) years. Such Records will be maintained in accordance with standard business practices and Generally Accepted Accounting Principles. Company will permit Extreme, or persons designated by Extreme, at Extreme's cost, to audit the Records to ensure compliance by Company with its obligations to Extreme. Any such audit shall be conducted during regular business hours and in such a manner as to not unduly interfere with normal business activities of Company. If the audit reveals an underpayment of amounts owed to Extreme, Company will promptly pay any such shortfall, and if such underpayment is more than 5% for the audited period, Company will further pay, or reimburse Extreme for, the cost of the audit, including professional fees. 8. Return Process. If Company is returning a Product to Extreme, Company must first obtain a Return Material Authorization ("RMA") number from Extreme. Company must return the entire contents of the defective Product and dated End User proof of purchase for the defective Product, if requested by Extreme, marked with the RMA number, to a receiving point designated by Extreme. Shipping cartons that are not marked with RMA numbers will be rejected by Extreme and returned to Company via collect freight. Extreme will pay the transportation charges (excluding taxes, duties and customs) in accordance with the Support Plan purchased for such Product. Notwithstanding the foregoing, Company retains sole responsibility for risk of loss or damage to Products during shipment to and from Extreme. Products returned to Extreme may be repaired or replaced by Extreme at Extreme's sole discretion. Replacement Products may be new or refurbished Products. In the event that Extreme evaluates and determines there is "no trouble found" in greater than twenty-five percent (25%) of the Products or parts returned in a ninety (90) day period, Extreme reserves the right to charge Company a service charge of twenty percent (20%) of the List Price per unit. Attachment D Page 417 of 471 Page 573 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t P,yorj th N -,wank 9. Ownership of Intellectual Property Rights; License; Non -Disclosure 9.1 Intellectual Property Rights. You and Company acknowledge that the Products are proprietary to Extreme and its suppliers, and that Extreme and its suppliers retain exclusive ownership of all Intellectual Property Rights in and to the Products, including in and to any Software Products and Trademarks. You and Company will take all reasonable measures to protect Extreme's Intellectual Property Rights in any Product. Except as expressly provided herein, Company is not granted any right to any Intellectual Property Rights with respect to any Product. 9.2 License. All Releases provided under the Services are licensed subject to the terms and conditions of the then -current Software license agreement for such Software Product in effect at the time the Release is provided. 9.3 Non -Disclosure. You and/or the Company may be exposed to certain confidential information of Extreme including but not limited to information concerning the business, technology, and customers of Extreme, which You and/or Company knows or should know is Extreme's confidential and proprietary information (herein "Confidential Information"). You and/or Company agrees that while this Agreement is in effect and for a period of three (3) years thereafter, You/it will not: (i) use the Confidential Information for any purpose other than to perform under this Agreement; or (ii) disclose to any third party any Confidential Information without the prior written consent of Extreme. Company may disclose Confidential Information only to its employees or contractors on a need to know basis and as is reasonably necessary to allow the party to perform under this Agreement; provided that each such employee or contractor is under a written obligation of nondisclosure which protects the Confidential Information under terms at least as stringent as these terms. This Section will not apply to Confidential Information after such information is made public by Extreme. If any Confidential Information is required to be disclosed by Company as a matter of law or by order of a court or other legal process, Company will promptly notify Extreme of such obligation to disclose and reasonably assist Extreme in obtaining a protective order or otherwise limiting such disclosure. 10. Warranty. All Updates provided hereunder are warranted for the remaining warranty period of the original Software Product, if any, as specified in the warranty card which shipped with the original Software Product. All Upgrades are warranted as set forth in the warranty card for such Upgrade. Replacement Products provided under the Services are warranted for the remaining warranty period of the original Product, if any, as specified in the warranty card which shipped with the original Product. Nothing in the Services shall be construed as expanding or adding to the warranty set forth on the warranty card. Extreme will use all reasonable commercial efforts to provide the support requested by You and/or Company under this Agreement in a professional and workmanlike manner. In the event that Extreme fails to meet this warranty, Extreme may reperform the Services, but Extreme cannot guarantee that every question or problem raised by You or the Company will be resolved. EXTREME WARRANTS THE SERVICES ONLY TO YOU AND/OR COMPANY PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. EXCEPT AS SET FORTH ABOVE, EXTREME MAKES, AND YOU AND/OR COMPANY RECEIVE, NO OTHER WARRANTIES OF ANY KIND. EXTREME EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS AND CONDITIONS, WHETHER EXPRESS, IMPLIED (in fact or by operation of law), STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, TERM OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, ABSENCE OF HIDDEN DEFECTS, ANY WARRANTY OF NON -INFRINGEMENT, AND ANY WARRANTY, TERM OR CONDITION THAT MAY ARISE BY REASON OF USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR COURSE OF PERFORMANCE. Attachment D Page 418 of 471 Page 574 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc Extreme C7, nnk, t P,yorj th N -,wank 11. Term and Termination. 11.1 Services Term. The Services start date shall be determined as follows: (a) for the initial purchase of Service, the Service start date shall be the original shipment date of the covered Product from Extreme, and (b) for Service renewals, the Service start date shall be the date on which the prior Service period ended. Company shall be responsible for the Service Fees from such Service start date. The Service end date will be 12 months from the Service start date, unless otherwise specified in writing by Extreme. Unless Company or Extreme provides notice at least sixty (60) days prior to the end of the Support Plan term of its intent not to renew the Support Plan, the Support Plan term will automatically renew for one (1) year subject to payment being received by Extreme for such Support Plan. If Company fails to pay the annual Support Plan fees in accordance with Extreme's invoice, the applicable ExtremeWorks Support Plan will automatically terminate without notice. 11.2 Agreement Term. All Releases provided under the Services are licensed subject to the terms and conditions of the then -current Software license agreement for such Software Product in effect at the time the Release is provided. 11.3 Termination. This Agreement shall be terminated immediately upon the expiration of all prepaid support periods for the Support Plans purchased by You and/or Company. This Agreement may also be terminated by Extreme (i) for its convenience, upon sixty (60) days' prior written notice to the Company; provided, however, that Extreme will continue to provide Services during any prepaid support period so long as this Agreement was not terminated for Your or Company's breach, (ii) immediately upon written notice to Company, if Company breaches or violates any provision of Sections 4.3 ("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), and 9 ("Ownership of Intellectual Property Rights; License; Non -Disclosure"); (iii) immediately upon written notice to Company, if Company fails to perform or otherwise defaults in any of its obligations (other than those covered by Section 11.3(ii) above) under this Agreement and fails to cure such failure or default within thirty (30) days after written notice thereof, or (iv) , immediately upon written notice to the Company, if the Company is insolvent or makes any arrangement with its creditors generally, or has a receiver appointed for all or a substantial part of its business or properties, or an insolvency, bankruptcy or similar proceeding is brought by or against Company and involving Company as debtor, and if brought against Company is not dismissed within sixty (60) days from its institution, or if Company goes into liquidation or otherwise ceases to function as a going concern. 11.4 Effect of Termination. Upon the expiration or termination of this Agreement for whatever reason, You and/or Company shall no longer be entitled to receive Services from Extreme pursuant to this Agreement, all support fees and training fees paid prior to the effective date of termination shall be non- refundable, and Extreme will no longer have any obligation to provide Services to You and/or Company for the Products pursuant to this Agreement. In addition, Extreme will be entitled to reject all or part of any orders received from Company after notice but prior to the effective date of termination. By thirty (30) days from the effective date of termination, Company will return or destroy all copies of the Confidential Information. At the request of Extreme, the president or the equivalent officer of Company will certify in writing that Company has complied with its obligations hereunder. 11.5 Survival of Terms. The following Sections will survive any expiration or termination of this Agreement for whatever reason: Sections 4.3 ("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), 6 ("Support for End of Life"), 7 ("Records and Audit"), 8 ("Return Process"), 9 ("Ownership of Intellectual Property Rights; License; Non -Disclosure"), , 11.4 ("Effect of Termination"), 11.5 ("Survival of Terms"), 12 ("No Consequential Damages"), 13 ("Limitation on Liability"), 14 ("Data Protection"). Attachment D Page 419 of 471 Page 575 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t P-,yorj th N -,wank 12. No Consequential Damages. Except in case of bodily injury or death where, and then only to the extent that, applicable law requires such liability, UNDER NO CIRCUMSTANCES WILL EXTREME BE LIABLE FOR (i) ANY LOST PROFITS (even if they arise as a direct or immediate consequence of the event that generated the damages), OR (ii) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS, LOST REVENUE OR LOST SAVINGS, LOSS OF USE, LOSS OR DAMAGE TO DATA OR GOODS OR INTERRUPTION OF BUSINESS, IN EACH CASE HOWEVER CAUSED, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF EXTREME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED HEREIN. IN NO EVENT WILL EXTREME BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. 13. Limitation on Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, EXCEPT IN CASE OF BODILY INJURY OR DEATH WHERE, AND THEN ONLY TO THE EXTENT THAT, APPLICABLE LAW REQUIRES SUCH LIABILITY, EXTREME'S AGGREGATE LIABILITY FROM OR IN RELATION TO THIS AGREEMENT AND THE SERVICES, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY COMPANY TO EXTREME FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE MOST RECENT FULL CALENDAR YEAR PRECEDING COMPANY'S INITIAL NOTICE OF ANY CLAIM OR POTENTIAL CLAIM HEREUNDER. THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE. 14. Data Protection. 14.1 Subject to Section 14.2, in performing the Services, Extreme will comply with industry standard privacy requirements as may further be defined within the Extreme Networks Privacy and Cookies Policy, which is available at.extremenetworks.com.,. and is incorporated herein by reference. Extreme's Privacy and Cookies Policy is subject to change at Extreme's discretion; however, Extreme policy changes will not result in a material reduction in the level of protection provided for Customer Personal Data provided during the term Your order. 14.2 This Section 14.2 shall apply where Extreme's processing of personal data in connection with this Agreement is subject to Data Protection Law. In the event of a conflict between Section 14.1 and Section 14.2, this Section 14.2 shall apply. You have appointed Extreme to process Personal Data on Your behalf as is necessary to provide the Services and in accordance with such other written instructions as You may issue from time to time. The parties' respective obligations for the processing and control of Customer Personal Data are set out in Annex 1 — Processing of Customer Personal Data, located at r;;n;,a,,//Ibil;;;,II,y72s3YlE:fli, which is incorporated herein by reference. 14.3 The Service Specifications applicable to Your order define the administrative, physical, technical and other safeguards applied to Your Content residing in the Services Environment, and describe other aspects of system management applicable to the Services. You are responsible for the introduction of any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Content and Your Applications, including any viruses, Trojan horses, worms or other programming routines contained in Your Content or Your Applications that could limit or harm the functionality of a computer or that could damage, intercept or expropriate data. 14.4 You may not provide Extreme access to health, payment card or similarly sensitive personal information that imposes specific data security obligations for the processing of such data unless explicitly agreed between the parties. If available, You may purchase Services from Extreme designed to address particular data protection requirements applicable to Your business or Your Content. Attachment D Page 420 of 471 Page 576 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t ,, rn.J th N -,wank 15 Miscellaneous 15.1 Notices. Any notices permitted or required under this Agreement will be in writing and will be deemed given when delivered in person, by overnight courier upon written verification of receipt, by confirmed facsimile, or by certified or registered mail, return receipt requested, five (5) days after deposit in the mail. Either party may change its address by giving written notice of such change in the manner provided. Notices to Extreme shall be sent to: Extreme Networks, Inc., 6480 Via del Oro, San Jose, California 95119, Attention: Legal Department, Fax: (408) 579-3000. 15.2 Assignment. This Agreement may not be assigned by Company by operation of law or otherwise without the prior written approval of Extreme. Extreme's rights and obligations, in whole or in part, under this Agreement may be assigned or delegated by Extreme to any affiliated company or subsidiary or in connection with a merger, reorganization, consolidation or sale of all or substantially all of Extreme's assets. This Agreement shall bind and inure to the benefit of the parties and their successors and permitted assigns. 15.3 Waiver; Severability. The waiver by either party of a breach of any provisions contained herein shall be in writing and shall in no way be construed as a waiver of any succeeding breach of such provision or the waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or applicable court decisions. 15.4 Injunctive Relief. It is expressly agreed that a violation of Sections 4.3 ("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), or 9 ("Ownership of Intellectual Property Rights; License; Non -Disclosure") of this Agreement could cause irreparable harm to Extreme and that a remedy at law could be inadequate. Therefore, in addition to any and all remedies available at law, Extreme will be entitled to seek injunctive relief or other equitable remedies in the event of any threatened or actual violation of any or all of the provisions hereof. 15.5 Controlling Law; Venue. This Agreement shall be governed in all respects exclusively by the laws of the State of California and the United States of America without regard to conflicts of law principles. The United Nations Convention on the International Sale of Goods is hereby expressly excluded from application to this Agreement. All disputes arising under this Agreement shall be brought in Superior Court of the State of California in Santa Clara County or the Federal District Court of San Jose, as permitted by law, and Company consents to personal jurisdiction in such courts. 15.6 Timing of Disputes. All disagreements or controversies of any kind whether claimed in tort, contract or otherwise concerning this Agreement shall be brought within one (1) year after the occurrence of the event giving rise to the disagreement or controversy. 15.7 No Agency. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Attachment D Page 421 of 471 Page 577 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t ,, rn.J th N -,wank 15.8 Export. Company acknowledges that it must comply with all applicable laws and regulations of the United States that may restrict the export, re-export, or transshipment of certain commodities and technical information, including the Products, the Services and technical information relating thereto, in any medium. Company will obtain and maintain all approvals and licenses, including export licenses, permits and authorizations, from the appropriate governmental authorities as may be required to enable Company to fulfill its obligations under this Agreement and shall comply with all applicable laws, rules, policies and procedures of the United States government. Company acknowledges that, unless prior written authorization is obtained from the relevant authorities in the United States, it will not export, re-export, or transship, directly or indirectly, any Products, Services or technical information relating thereto, in any medium, that would be in contravention to any applicable laws and regulations of the United States then in effect. Company shall indemnify and hold harmless Extreme for any violation or alleged violation by Company of such laws or regulations. Company's obligations pursuant to this Section shall survive and continue after any termination of rights under this Agreement. 15.9 Force Majeure. Neither party will have the right to claim damages if this Agreement is terminated as a result of the other party's failure or delay in performance due to circumstances beyond its reasonable control (except for obligations relating to fees payable under this Agreement), including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, components, raw materials or supplies, war, riot, insurrection, epidemic, natural disasters, governmental action or terrorism. 15.10 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes, and its terms govern, all prior and all contemporaneous proposals, negotiations, commitments, understandings, agreements or other communications between the parties, oral or written, regarding such subject matter, including any prior click through agreements. U Attachment D Page 422 of 471 Page 578 of 943 Attachment D - Extreme networks Product Warranty, End User Licenent, Etc. EM: EX/boeme- Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 Wednesday, July 25, 2018 Sample Customer Sample Street Address Sample City, State & Zip Re: Extreme Networks, Inc. Property Schedule No. Dear Sample Customer: Enclosed, please find two (2) sets of financing documents for your review and execution. (If these documents were emailed to you, please print out two (2) sets.) Execute both sets and return all of the originals to my attention. The original sets of the executed documents are required prior to funding your transaction. To expedite the return of these documents, please overnight them to me: EXTREME NETWORKS, INC. ATTN: Sample Account Manager 6480 VIA DEL ORO, SAN JOSE, CA 95119 Only the person with Signing Authority, listed on the Lessee's Certificate, should execute the documents. For verification of original documents, please execute in blue ink. Upon closing, Extreme Networks, Inc. will return a fully executed original set for your files. Please Note: All fully executed documents must be returned no later than Expiration Date; otherwise, the transaction is subject to re -pricing. Executed documents required for funding are: 1. Master Tax -Exempt Lease/Purchase Agreement 2. Addendum/Amendment to Master Purchase Agreement 3. Property Schedule No. 4. Property Description and Payment Schedule (Exhibit 1) 5. Lessee's Counsel's Opinion (Exhibit 2) 6. Lessee's Certificate (Exhibit 3) 7. Payment of Proceeds Instructions (Exhibit 4) 8. Acceptance Certificate (Exhibit 5) 9. Bank Qualification Certificate (Exhibit 6) 10. Certificate of Insurance — Required prior to funding. 11. Notification of Tax Treatment with Tax Exemption Certificate or Letter — Required for annual state tax audits. 12. Invoicing Instructions — Required in order to ensure that invoices are directed to the proper area in your organization. 13. Escrow Agreement 14. IRS Form 8038-G or 8038 -CG Please contact either Leasing Manager Name at Leasing Manager Number or me at Account Manager Number with any questions. Sincerely, Sample Account Manager Account Manager Master TELP-Appropriation Attachment D Page 423 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 579 of 943 Attachmen#.QdMtftFrAt(b'NtydrklffdKseII} Tment, Etc. ❑ Master Tax -Exempt Lease/Purchase Agreement* ❑ Addendum/Amendment to Master Tax -Exempt Lease/Purchase Agreement* ❑ Property Schedule ❑ Property Description and Payment Schedule — Exhibit 1 ❑ Lessee's Counsel's Opinion — Exhibit 2. Exhibit 2 is the standard legal opinion used by Extreme Networks, Inc. This opinion will need to be processed by your attorney on their letterhead. Your attorney will want to review the Lease/Purchase Agreement. ❑ Lessee's Certificate — Exhibit 3. Please fill in the date of the meeting of the governing body, referenced in section 1. We would also like a copy of those minutes or board resolutions for our files. ❑ Payment of Proceeds Instructions — Exhibit 4. This is the Vendor payment information. ❑ Acceptance Certificate — Exhibit 5. The date of Acceptance will need to be filled in with the date the equipment is installed and accepted. ❑ Bank Qualification Certificate — Exhibit 6. One of the two boxes must be checked off. ❑ Request for Certificate of Insurance — Please fill out the form and fax it to your insurance company. The Insurance Certificate is required prior to funding. ❑ Notification of Tax Treatment — Please provide your State of Sales/Use Tax Exemption Certificate ❑ Invoicing Instructions — The information you provide enables us to invoice you correctly. ❑ Escrow Agreement Please keep copies of Exhibit A (Form of Requisition of Costs of Property) and Schedule 1 (Disbursement Schedule). When you are ready to disburse funds from Escrow, you will need to sign and fill in both Exhibit A and Schedule 1. Along with those 2 forms, we will need copies of invoices. Exhibit 5 (Acceptance Certificate) will need to be filled out when the project is complete and it is your final payment request. ❑ IRS Form 8038-G or 8038 -GC The original form will be required for funding, which we will submit to the IRS on your behalf. Or, you may submit the original completed form to the IRS directly. Extreme Networks, Inc. will require a copy of the completed form and proof of filing prior to funding *The items above marked with an asterisk require a signature in the presence of a witness/attestor. The attesting of the signature does not require a notary, but the signature of a person present at the time the document is signed. Master TELP-Appropriation Attachment D Page 424 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 580 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Master Tax -Exempt Lease/Purchase Agreement BETWEEN: Extreme Networks, Inc. (the "Lessor") 6480 Via Del Oro San Jose, CA 95119 AND. Sample Customer (the "Lessee") Sample Street Address Sample City, State & Zip Attention: Sample Customer Telephone: Customer Phone Number DATED: Master Date ARTICLE I 1.01 Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Agent" means any agent for the Registered Owners, if any, to which all or a portion of Lessor's right, title and interest in, to and under a Property Schedule and the Property under such Property Schedule may be assigned for the benefit of the Registered Owners of Lease Participation Certificates in such Property Schedule. "Agreement" means this Master Tax -Exempt Lease/Purchase Agreement, including all exhibits and schedules attached hereto. "Commencement Date" is the date when the term of a Property Schedule and Lessee's obligation to pay rent thereunder commences, which date shall be set forth in the Property Schedule. "Event of Nonappropriation" is defined in Section 6.06. "Event of Default" is defined in Section 13.01. "Lease Participation Certificates" means certificates evidencing a right to receive a share of Rental Payments payable under a Property Schedule and Purchase Price Payments payable under a Property Schedule and any other rights set forth herein with respect to the Property under said Property Schedule. "Lease Term" means, with respect to a Property Schedule, the Original Term and all Renewal Terms. The Lease Term for each Property Schedule executed hereunder shall be set forth in such Property Schedule, as provided in Section 4.02. "Lessee" means the entity identified as such in the first paragraph hereof, and its permitted successors and assigns. "Lessor" means the entity identified as such in the first paragraph hereof, and its successors and assigns. "Original Term" means, with respect to a Property Schedule, the period from the Commencement Date until the end of the budget year of Lessee in effect at the Commencement Date. "Property" means, collectively, the property leased/purchased pursuant to this Agreement, and with respect to each Property Schedule, the property described in such Property Schedule, and all replacements, repairs, restorations, modifications and improvements thereof or thereto made pursuant to Section 8.01 or Article IX. "Property Schedule" means a Property Schedule in the form attached hereto for Property Schedule 1. Subsequent Property Schedules pursuant to this Agreement shall be numbered consecutively, beginning with Property Schedule 2. "Purchase Price" means the amount that Lessee may, in its discretion, pay to Lessor to purchase the Property under a Property Schedule, as provided in Section 11.01 and as set forth in the Property Schedule. "Registered Owners" means the registered owners of Lease Participation Certificates in a Property Schedule as shown on the registration books maintained by the Agent. "Renewal Terms" means the renewal terms of a Property Schedule, each having a duration of one year and a term coextensive with Lessee's budget year. "Rental Payments" means the rental payments payable by Lessee under Article VI of this Agreement and each Property Schedule, as set forth in each Property Schedule. "Rental Payments Dates" means the rental payments dates for the Rental Payments as set forth in each Property Schedule. "State" means the state in which Lessee is situated. "Vendor" means the manufacturer or contractor of the Property as well as the agents or dealers of the manufacturer or contractor from whom Lessor or Lessee purchased or is purchasing all or any portion of the Property. ARTICLE II 2.01 Property Schedules Separate Financings. Each Property Schedule executed and delivered under this Agreement shall be treated as a separate financing, distinct from other Property Schedules. Without limiting the foregoing, upon the occurrence of an Event of Default or an Event of Nona ppropriation with respect to a Property Schedule, Lessor shall have the rights and remedies specified herein with respect to the Property financed and the Rental Payments payable under such Property Schedule, and except as expressly provided in Section 12.02 below, Lessor shall have no rights or remedies with respect to Property financed or Rental Payments payable under any other Property Schedules unless an Event of Default or Event of Nonappropriation has also occurred under such other Property Schedules. EACH PROPERTY SCHEDULE MERGES ALL PRIOR UNDERSTANDINGS AND CONSTITUTES THE FINAL AND COMPLETE AGREEMENT between Lessor and Lessee for the property. Documentation (e.g., orders and invoices) between or among Lessee and any property/equipment vendor, dealer, distributor or manufacturer does not apply to any Property Schedule or to Lessor. ARTICLE III 3.01 Covenants of Lessee. As of the Commencement Date for each Property Schedule executed and delivered hereunder, Lessee shall be deemed to represent, covenant and warrant for the benefit of Lessor, any Agent, and any Registered Owners, as follows: (a) Lessee is a public body corporate and politic duly organized and existing under the constitution and laws of the State with full power and authority to enter into this Agreement and the Property Schedule and the transactions contemplated thereby and to perform all of its obligations thereunder. (b) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic. To the extent Lessee should merge with another entity under the laws of the State, Lessee agrees that as a condition to such merger it will require that the remaining or resulting entity shall be assigned Lessee's rights and shall assume Lessee's obligations hereunder. (c) Lessee has been duly authorized to execute and deliver this Agreement and the Property Schedule by proper action by its governing body, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement and the Property Schedule, and Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the Master TELP-Appropriation Attachment D Page 425 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 581 of 943 Property Schedule AMt(POUrM�bQitic$XWLr&gswtao"fl"tt rmii jy, FDncbbW4R@gbAw&(?im@4t ate for the Property Schedule, Lessee shall cause to be executed an opinion of counsel in substantially the form attached to the form of the Property Schedule as Exhibit 2. (d) During the Lease Term for the Property Schedule, the Property thereunder will perform and will be used by Lessee only for the purpose of performing essential governmental uses and public functions within the permissible scope of Lessee's authority. (e) Lessee will provide Lessor with current financial statements, budgets and proof of appropriation for the ensuing budget year and other financial information relating to the ability of Lessee to continue this Agreement and the Property Schedule in such form and containing such information as may be requested by Lessor. (f) Lessee will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code"), including Sections 103 and 148 thereof, and the regulations of the Treasury Department thereunder, from time to time proposed or in effect, in order to maintain the excludability from gross income for federal income tax purposes of the interest component of Rental Payments under the Property Schedule and will not use or permit the use of the Property in such a manner as to cause a Property Schedule to be a "private activity bond" under Section 141(a) of the Code. Lessee covenants and agrees that it will use the proceeds of the Property Schedule as soon as practicable and with all reasonable dispatch for the purpose for which the Property Schedule has been entered into, and that no part of the proceeds of the Property Schedule shall be invested in any securities, obligations or other investments except for the temporary period pending such use nor used, at any time, directly or indirectly, in a manner which, if such use had been reasonably anticipated on the date of issuance of the Agreement, would have caused any portion of the Property Schedule to be or become "arbitrage bonds" within the meaning of Section 103(b)(2) or Section 148 of the Code and the regulations of the Treasury Department thereunder proposed or in effect at the time of such use and applicable to obligations issued on the date of issuance of the Property Schedule. (g) The execution, delivery and performance of this Agreement and the Property Schedule and compliance with the provisions hereof and thereof by Lessee does not conflict with or result in a violation or breach or constitute a default under, any resolution, bond, agreement, indenture, mortgage, note, lease or other instrument to which Lessee is a party or by which it is bound by any law or any rule, regulation, order or decree of any court, governmental agency or body having jurisdiction over Lessee or any of its activities or properties resulting in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any property or assets of Lessee or to which it is subject. (h) Lessee's exact legal name is as set forth on the first page of this Agreement. Lessee will not change its legal name in any respect without giving thirty (30) days prior notice to Lessor. ARTICLE IV 4.01 Lease of Property. On the Commencement Date of each Property Schedule executed hereunder, Lessor will be deemed to demise, lease and let to Lessee, and Lessee will be deemed to rent, lease and hire from Lessor, the Property described in such Property Schedule, in accordance with this Agreement and such Property Schedule, for the Lease Term set forth in such Property Schedule. 4.02 Lease Term. The term of each Property Schedule shall commence on the Commencement Date set forth therein and shall terminate upon payment of the final Rental Payment set forth in such Property Schedule and the exercise of the Purchase Option described in Section 11.01, unless terminated sooner pursuant to this Agreement or the Property Schedule. 4.03 Delivery. Installation and Acceptance of Property. Lessee shall order the Property, shall cause the Property to be delivered and installed at the locations specified in the applicable Property Schedule and shall pay all taxes, delivery costs and installation costs, if any, in connection therewith. To the extent funds are deposited under an escrow agreement or trust agreement for the acquisition of the Property, such funds shall be disbursed as provided therein. When the Property described in such Property Schedule is delivered, installed and accepted as to Lessee's specifications, Lessee shall immediately accept the Property and evidence said acceptance by executing and delivering to Lessor the Acceptance Certificate substantially in the form attached to the Property Schedule. ARTICLE V 5.01 Eniovment of Property. Lessee shall during the Lease Term peaceably and quietly have, hold and enjoy the Property, without suit, trouble or hindrance from Lessor, except as expressly set forth in this Agreement. No Registered Owner shall interfere with such quiet use and enjoyment during the Lease Term so long as Lessee is not in default under the subject Property Schedule. 5.02 Location: Inspection. The Property will be initially located or based at the location specified in the applicable Property Schedule. Lessor shall have the right at all reasonable times during business hours to enter into and upon the property of Lessee for the purpose of inspecting the Property. ARTICLE VI 6.01 Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional, statutory or charter limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the faith and credit or taxing power of Lessee. Upon the appropriation of Rental Payments for a fiscal year, the Rental Payments for said fiscal year, and only the Rental Payments for said current fiscal year, shall be a binding obligation of Lessee; provided that such obligation shall not include a pledge of the taxing power of Lessee. 6.02 Payment of Rental Payments. Lessee shall promptly pay Rental Payments under each Property Schedule, exclusively from legally available funds, in lawful money of the United States of America, to Lessor in such amounts and on such dates as described in the applicable Property Schedule, at Lessors address set forth on the first page of this Agreement, unless Lessor instructs Lessee otherwise. Lessee shall pay Lessor a charge on any delinquent Rental Payments under a Property Schedule in an amount sufficient to cover all additional costs and expenses incurred by Lessor and Agent from such delinquent Rental Payment. In addition, Lessee shall pay a late charge of five cents per dollar or the highest amount permitted by applicable law, whichever is lower, on all delinquent Rental Payments. 6.03 Interest Component. A portion of each Rental Payment due under each Property Schedule is paid as, and represents payment of, interest, and each Property Schedule hereunder shall set forth the interest component (or method of computation thereof) of each Rental Payment thereunder during the Lease Term. 6.04 Rental Payments to be Unconditional. SUBJECT TO SECTION 6.06, THE OBLIGATIONS OF LESSEE TO PAY THE RENTAL PAYMENTS DUE UNDER THE PROPERTY SCHEDULES AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED HEREIN SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, ANY DEFECTS, MALFUNCTIONS, BREAKDOWNS OR INFIRMITIES IN THE PROPERTY OR ANY ACCIDENT, CONDEMNATION OR UNFORESEEN CIRCUMSTANCES. THIS PROVISION SHALL NOT LIMIT LESSEE'S RIGHTS OR ACTIONS AGAINST ANY VENDOR AS PROVIDED IN SECTION 10.02. 6.05 Continuation of Lease by Lessee. Lessee intends to continue all Property Schedules entered into pursuant to this Agreement and to pay the Rental Payments thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Rental Payments during the term of all Property Schedules can be obtained. Lessee agrees that its staff will provide during the budgeting process for each budget year to the governing body of Lessee notification of any Rental Payments due under the Property Schedules during the following budget year. Notwithstanding this covenant, if Lessee fails to appropriate the Rental Payments for a Property Schedule pursuant to Section 6.06, such Property Schedule shall terminate. Although Lessee has made this covenant, in the event that it fails to provide such notice, no remedy is provided and Lessee shall not be liable for any damages for its failure to so comply. 6.06 Non -Appropriation. If sufficient funds are not appropriated to make Rental Payments required under a Property Schedule, such Property Schedule shall terminate and Lessee shall not be obligated to make Rental Payments under said Property Schedule beyond the then current fiscal year for which funds have been appropriated. Upon the occurrence of such nonappropriation (an "Event of Nonappropriation") Lessee shall, no later than the end of the fiscal year for which Rental Payments have been appropriated, deliver possession of the Property under said Property Schedule to Lessor. If Lessee fails to deliver possession of the Property to Lessor upon termination of said Property Schedule by reason of an Event of Nona ppropriation, the termination shall nevertheless be effective but Lessee shall be responsible for the payment of damages in an amount equal to the portion of Rental Payments thereafter coming due that is attributable to the number of days after the termination during which the Lessee fails to deliver possession and for any other loss suffered by Lessor as a result of Lessee's failure to deliver possession as required. In addition, Lessor may, by written instructions to the Agent or to any other escrow agent who is holding proceeds of the Property Schedule, instruct the Agent or such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be credited to Lessee's obligations under the Property Schedule and this Agreement. Lessee shall notify Lessor Master TELP-Appropriation Attachment D Page 426 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 582 of 943 in writing within seven (7) days after#U0M1IB9 # Re failure to provide such notice shall not operate to extend the Lease Term or result in any liability to Lessee. 6.07 Defeasance of Rental Payments. Lessee may at any time irrevocably deposit in escrow with a defeasance escrow agent for the purpose of paying all of the principal component and interest component accruing under a Property Schedule, a sum of cash and non -callable securities consisting of direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America or any agency or instrumentality thereof, in such aggregate amount, bearing interest at such rates and maturing on such dates as shall be required to provide funds sufficient for this purpose. Upon such defeasance, all right, title and interest of Lessor in the Property under said Property Schedule shall terminate. Lessee shall cause such investment to comply with the requirements of federal tax law so that the exclusion from gross income of the interest component of Rental Payments on said Property Schedule is not adversely affected. ARTICLE VII 7.01 Title to the Property. Upon acceptance of the Property by Lessee and unless otherwise required by the laws of the State, title to the Property shall vest in Lessee, subject to Lessor's interests under the applicable Property Schedule and this Agreement. 7.02 Personal Property. The Property is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Property or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. If requested by Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the Property from any party having an interest in any such real estate or building. 7.03 Security Interest. To secure the performance of all of Lessee's obligations under this Agreement, including without limitation all Property Schedules now existing or hereafter executed, Lessee grants to Lessor, for the benefit of Lessor and its successors and assigns, a security interest constituting a first lien on Lessee's interest in all of the Property, whether now owned or hereafter acquired, all additions, attachments, alterations and accessions to the Property, all substitutions and replacements for the Property, and on any proceeds of any of the foregoing, including insurance proceeds. Lessee shall execute any additional documents, including financing statements, affidavits, notices and similar instruments, in form and substance satisfactory to Lessor, which Lessor deems necessary or appropriate to establish, maintain and perfect a security interest in the Property in favor of Lessor and its successors and assigns. Lessee hereby authorizes Lessor to file all financing statements which Lessor deems necessary or appropriate to establish, maintain and perfect such security interest. 7.04 Substitution. Lessee may substitute for all or any portion of the Property under a Property Schedule personal property of approximately equal or greater market value and with an equal or greater useful life. In the event of any such substitution, Lessee shall deliver to Lessor a certification that the personal property proposed to be substituted has approximately equal or greater market value and an equal or greater useful life as the portion of the Property being substituted for, together with an opinion of counsel acceptable to Lessor to the effect that the proposed substitution will not adversely affect the exemption of the interest components of Rental Payments under the Property Schedule from federal income taxation. Lessee shall be responsible for all costs and expenses of Lessor, including counsel fees, for any such substitution. Lessee shall cause all financing statements, fixture filings, certificates of title, affidavits, notices and similar instruments, to be made or filed in a timely manner to secure and perfect the security interest of Lessor in the substituted property. ARTICLE VIII 8.01 Maintenance of Property by Lessee. Lessee shall keep and maintain the Property in good condition and working order and in compliance with the manufacturer's specifications, shall use, operate and maintain the Property in conformity with all laws and regulations concerning the Property's ownership, possession, use and maintenance, and shall keep the Property free and clear of all liens and claims, other than those created by this Agreement. Lessee shall have sole responsibility to maintain and repair the Property. Should Lessee fail to maintain, preserve and keep the Property in good repair and working order and in accordance with manufacturer's specifications, and if requested by Lessor, Lessee will enter into maintenance contracts for the Property in form approved by Lessor and with approved providers. 8.02 Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Property free of all levies, liens and encumbrances, except for the interest of Lessor under this Agreement. The parties to this Agreement contemplate that the Property will be used for a governmental or proprietary purpose of Lessee and, therefore, that the Property will be exempt from all property taxes. The Rental Payments payable by Lessee under this Agreement and the Property Schedules hereunder have been established to reflect the savings resulting from this exemption from taxation. Lessee will take such actions necessary under applicable law to obtain said exemption. Nevertheless, if the use, possession or acquisition of the Property is determined to be subject to taxation or later becomes subject to such taxes, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to the Property. Lessee shall pay all gas, water, steam, electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Property. Lessee shall pay such taxes or charges as the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during the then current fiscal year of the Lease Term for such Property. 8.03 Insurance. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Property against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor in an amount equal to at least the outstanding principal component of Rental Payments, and (b) liability insurance that protects Lessor from liability in all events in an amount reasonably acceptable to Lessor, and (c) workers compensation insurance covering all employees working on, in, near or about the Property; provided that Lessee may self -insure against all such risks. All insurance proceeds from casualty losses shall be payable as hereinafter provided in this Agreement. All such insurance shall be with insurers that are authorized to issue such insurance in the State. All such liability insurance shall name Lessor as an additional insured. All such casualty insurance shall contain a provision making any losses payable to Lessor and Lessee as their respective interests may appear. All such insurance shall contain a provision to the effect that such insurance shall not be canceled or modified without first giving written notice thereof to Lessor and Lessee at least thirty (30) days in advance of such cancellation or modification. Such changes shall not become effective without Lessor's prior written consent. Lessee shall furnish to Lessor, on or before the Commencement Date for each Property Schedule, and thereafter at Lessor's request, certificates evidencing such coverage, or, if Lessee self -insures, a written description of its self-insurance program together with a certification from Lessee's risk manager or insurance agent or consultant to the effect that Lessee's self-insurance program provides adequate coverage against the risks listed above. 8.04 Advances. In the event Lessee shall fail to either maintain the insurance required by this Agreement or keep the Property in good repair and working order, Lessor may, but shall be under no obligation to, purchase the required insurance and pay the cost of the premiums thereof or maintain and repair the Property and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the Lease Term for the Property Schedule for which the Property is under and shall be due and payable on the next Rental Payment Date and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the date such amounts are advanced until paid at the rate of 12% per annum or the maximum amount permitted by law, whichever is less. ARTICLE IX 9.01 Damage or Destruction. If (a) the Property under a Property Schedule or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty, or (b) title to, or the temporary use of, the Property under a Property Schedule or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, Lessor and Lessee will cause the Net Proceeds (as hereinafter defined) of any insurance claim, condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Property, unless Lessee shall have exercised its right to defease the Property Schedule as provided herein, or unless Lessee shall have exercised its option to purchase Lessors interest in the Property if the Property Schedule so provides. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee. For purposes of Section 14.02(b) and this Article IX, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim, condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys' fees, incurred in the collection thereof. 9.02 Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 9.01, Lessee shall (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds and, if Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Section 6.02, or (b) defease the Property Schedule pursuant to Section 6.07, or (c) exercise its option to purchase Lessor's interest in the Property pursuant to the optional purchase provisions of the Property Schedule, if any. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after such defeasance or purchase may be retained by Lessee. Master TELP-Appropriation Attachment D Page 427 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 583 of 943 Attachment D - Extreme networks ProcAi@tftFr?knty, End User License Agreement, Etc. 10.01 Disclaimer of Warranties. LESSOR MAKES NO (AND SHALL NOT BE DEEMED TO HAVE MADE ANY) WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR CONDITION OF, OR THE QUALITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN, THE PROPERTY, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE STATE OF TITLE THERETO OR ANY COMPONENT THEREOF, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND LESSOR HEREBY DISCLAIMS THE SAME; IT BEING UNDERSTOOD THAT THE PROPERTY IS LEASED TO LESSEE "AS IS" ON THE DATE OF THIS AGREEMENT OR THE DATE OF DELIVERY, WHICHEVER IS LATER, AND ALL SUCH RISKS, IF ANY, ARE TO BE BORNE BY LESSEE. Lessee acknowledges that it has made (or will make) the selection of the Property from the Vendor based on its own judgment and expressly disclaims any reliance upon any statements or representations made by Lessor. Lessee understands and agrees that (a) neither the Vendor nor any sales representative or other agent of Vendor, is (i) an agent of Lessor, or (ii) authorized to make or alter any term or condition of this Agreement, and (b) no such waiver or alteration shall vary the terms of this Agreement unless expressly set forth herein. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, the Property Schedules, or the existence, furnishing, functioning or use of any item, product or service provided for in this Agreement or the Property Schedules. 10.02 Vendor's Warranties. Lessor hereby irrevocably assigns to Lessee all rights that Lessor may have to assert from time to time whatever claims and rights (including without limitation warranties) related to the Property against the Vendor. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against the Vendor of the Property, and not against Lessor, nor shall such matter have any effect whatsoever on the rights and obligations of Lessor with respect to this Agreement, including the right to receive full and timely payments hereunder. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties of the Vendor of the Property. 10.03 Use of the Property. Lessee will not install, use, operate or maintain the Property improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement and the applicable Property Schedule. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Property. In addition, Lessee agrees to comply in all respects with all laws of the jurisdiction in which its operations involving any item of Property may extend and any legislative, executive, administrative or judicial body exercising any power or jurisdiction over the items of the Property; provided that Lessee may contest in good faith the validity or application of any such law or rule in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest of Lessor in and to the Property or its interest or rights under this Agreement. Lessee shall promptly notify Lessor in writing of any pending or threatened investigation, inquiry, claim or action by any governmental authority which could adversely affect this Agreement, any Property Schedule or the Property thereunder. 10.04 Modifications. Subject to the provisions of this Section, Lessee shall have the right, at its own expense, to make alterations, additions, modifications or improvements to the Property. All such alterations, additions, modifications and improvements shall thereafter comprise part of the Property and shall be subject to the provisions of this Agreement. Such alterations, additions, modifications and improvements shall not in any way damage the Property, substantially alter its nature or cause it to be used for purposes other than those authorized under the provisions of state and federal law; and the Property, on completion of any alterations, additions, modifications or improvements made pursuant to this Section, shall be of a value which is equal to or greater than the value of the Property immediately prior to the making of such alterations, additions, modifications and improvements. Lessee shall, at its own expense, make such alterations, additions, modifications and improvements to the Property as may be required from time to time by applicable law or by any governmental authority. ARTICLE XI 11.01 Option to Purchase. Lessee shall have the option to purchase Lessors entire interest in all of the Property subject to a Property Schedule and to terminate any restrictions herein on the Property under such Property Schedule on the last day of the Lease Term for a Property Schedule, if the Property Schedule is still in effect on such day, upon payment in full of the Rental Payments due thereunder plus payment of One (1) Dollar to Lessor. Lessee shall give written notice to Lessor of its intent to purchase Lessor's interest in the Property at least sixty (60) days prior to the last day of the Lease Term for applicable Property Schedule. Upon exercise of the purchase option as set forth in this Section 11.01 and payment of the purchase price under the applicable Property Schedule, and performance by Lessee of all other terms, conditions and provisions hereof, Lessor shall deliver to Lessee all such documents and instruments as Lessee may reasonably require to evidence the transfer, without warranty by or recourse to Lessor, of all of Lessor's right, title and interest in and to the Property subject to such Property Schedule to Lessee. 11.02 Option to Prepay. Lessee shall have the option to prepay the Rental Payments due under a Property Schedule, but only if the Property Schedule so provides, and on the terms set forth in the Property Schedule. ARTICLE XII 12.01 Assignment by Lessor. Lessor's right, title and interest in, to and under each Property Schedule and the Property under such Property Schedule may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor and, to the extent of their interest, by any Registered Owner, without the necessity of obtaining the consent of Lessee; provided that (i) any assignment, other than an assignment to or by a Registered Owner, shall not be effective until Lessee has received written notice, signed by the assignor, of the name, address and tax identification number of the assignee, and (ii) any assignment to or by a Registered Owner shall not be effective until it is registered on the registration books kept by the Agent. Lessee shall retain all such notices as a register of all assignees (other than Registered Owners) and shall make all payments to the assignee or assignees designated in such register or, in the case of Registered Owners, to the Agent. In the event that Lessor's interest in a Property Schedule and the Property thereunder is assigned to the Agent, Lease Participation Certificates in that Property Schedule may be executed and delivered by the Agent to Registered Owners. Lessee agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements that may be reasonably requested by Lessor or any assignee to protect its interests in this Agreement and the Property Schedules. 12.02 Property Schedules Separate Financings. Assignees of the Lessors rights in one Property Schedule shall have no rights in any other Property Schedule unless such rights have been separately assigned. Lessor may collectively assign two or more Property Schedules with the same Commencement Date to the Agent for the purpose of causing the execution and delivery of Lease Participation Certificates in the Property Schedules with the same Commencement Date. Such assignment shall occur on such Commencement Date and upon such assignment all Property Schedules so assigned shall be treated as a single financing and a single Property Schedule with respect to rights and remedies upon the occurrence of an Event of Default or an Event of Nonappropriation under this Agreement. Registered Owners rights with respect to the Property Schedules shall be determined as provided in the escrow agreement or trust agreement relating to such Lease Participation Certificates. 12.03 Assignment and Subleasing by Lessee. NONE OF LESSEE'S RIGHT, TITLE AND INTEREST IN, TO AND UNDER THIS AGREEMENT AND IN THE PROPERTY MAY BE ASSIGNED, SUBLEASED OR ENCUMBERED BY LESSEE FOR ANY REASON, WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR. 12.04 Release and Indemnification Covenants. To the extent permitted by applicable law, Lessee shall indemnify, protect, hold harmless, save and keep harmless Lessor from and against any and all liability, obligation, loss, claim and damage whatsoever, regardless of cause thereof, and all expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest (collectively, "Losses") arising out of or resulting from the entering into this Agreement, any Property Schedules hereunder, the ownership of any item of the Property, the loss of federal tax exemption of the interest on any of the Property Schedules, the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of the Property or any accident in connection with the operation, use, condition, possession, storage or return of any item of the Property resulting in damage to property or injury to or death to any person; provided, however, that Lessee shall not be required to indemnify Lessor for Losses arising out of or resulting from Lessors own willful or negligent conduct, or for Losses arising out of or resulting from Lessor's preparation of disclosure material relating to Lease Participation Certificates (other than disclosure material provided to Lessor by Lessee). The indemnification arising under this Section shall continue in full force and effect notwithstanding the full payment of all obligations under this Agreement, or the applicable Property Schedule, or the termination of the Lease Term for such Property Schedule for any reason. ARTICLE XIII 13.01 Events of Default Defined. Any of the following shall constitute an "Event of Default" under a Property Schedule: (a) Failure by Lessee to pay any Rental Payment under the Property Schedule or other payment required to be paid with respect thereto at the time specified therein; (b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed with respect to the Property Schedule, other than as referred to in subparagraph (a) above, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the Master TELP-Appropriation Attachment D Page 428 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 584 of 943 failure stated in the MJWA1Mnbae WQ999&"EWffaftW, iFt6onsent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) Any statement, representation or warranty made by Lessee in or pursuant to the Property Schedule or its execution, delivery or performance shall prove to have been false, incorrect, misleading or breached in any material respect on the date when made; (d) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (e) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator of Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 60 consecutive days. The foregoing provisions of Section 13.01 are subject to the following limitation: if by reason of force maieure Lessee is unable in whole or in part to perform its agreements under this Agreement and the Property Schedule (other than the obligations on the part of Lessee contained in Article VI hereof) Lessee shall not be in default during the continuance of such inability. The term "force maieure" as used herein shall mean the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States or of the State or any of their departments, agencies or officials, or any civil or military authority; insurrections, riots, landslides, earthquakes, fires, storms, droughts, floods, explosions, breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of Lessee. 13.02 Remedies on Default. Whenever any Event of Default exists with respect to a Property Schedule, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: (a) Without terminating the Property Schedule, and by written notice to Lessee, Lessor may declare all Rental Payments and other amounts payable by Lessee thereunder to the end of the then -current budget year of Lessee to be due, including without limitation delinquent Rental Payments under the Property Schedule from prior budget years, and such amounts shall thereafter bear interest at the rate of 12% per annum or the maximum rate permitted by applicable law, whichever is less; (b) Lessor may terminate the Property Schedule, may enter the premises where the Property subject to the Property Schedule is located and retake possession of the Property, or require Lessee, at Lessee's expense, to promptly return any or all of the Property to the possession of Lessor at such place within the United States as Lessor shall specify, and Lessor may thereafter dispose of the Property in accordance with Article 9 of the Uniform Commercial Code in effect in the State; provided, however, that any proceeds from the disposition of the property in excess of the sum required to (i) defease the Property Schedule pursuant to Section 6.07, (ii) pay any other amounts then due under the Property Schedule, and (iii) pay Lessors costs and expenses associated with the disposition of the Property (including attorneys fees), shall be paid to Lessee or such other creditor of Lessee as may be entitled thereto; (c) By written notice to the Agent, if any, Lessor may instruct the Agent to apply all sums held by the Agent in any accounts relating to the Property Schedule under the applicable escrow or trust agreement as provided in the applicable escrow or trust agreement. (d) By written notice to any escrow agent (other than the Agent) who is holding proceeds of the Property Schedule, Lessor may instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be credited to payment of Lessee's obligations under the Property Schedule; (e) Lessor may take any action, at law or in equity, that is permitted by applicable law and that may appear necessary or desirable to enforce or to protect any of its rights under the Property Schedule and this Agreement. 13.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice, other than such notice as may be required in this Article. 13.04 Costs and Attorney Fees. Upon the occurrence of an Event of Default by Lessee in the performance of any term of this Agreement, Lessee agrees to pay to Lessor or reimburse Lessor for, in addition to all other amounts due hereunder, all of Lessor's costs of collection, including reasonable attorney fees, whether or not suit or action is filed thereon. Any such costs shall be immediately due and payable upon written notice and demand given to Lessee, shall be secured by this Agreement until paid and shall bear interest at the rate of 12% per annum or the maximum amount permitted by law, whichever is less. In the event suit or action is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorneys' fees at trial or on appeal of such suit or action or in any bankruptcy proceeding, in addition to all other sums provided by law. ARTICLE XIV 14.01 Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by certified mail, postage prepaid, to the parties hereto at the addresses immediately after the signatures to this Agreement (or at such other address as either party hereto shall designate in writing to the other for notices to such party), to any assignee (other than a Registered Owner) at its address as it appears on the registration books maintained by Lessee and to any Registered Owner at its address as it appears on the registration books maintained by the Agent. 14.02 Certification as to Arbitrage. Unless a separate Certificate as to Arbitrage is delivered on the Commencement Date, Lessee shall be deemed to make the following representations and covenants as of the Commencement Date for each Property Schedule: (a) The estimated total costs, including taxes, freight, installation, cost of issuance, of the Property under the Property Schedule will not be less than the total principal amount of the Rental Payments. (b) The Property under the Property Schedule has been ordered or is expected to be ordered within six months and the Property is expected to be delivered and installed, and the Vendor fully paid, within one year from the Commencement Date. Lessee will pursue the completion of the Property and the expenditure of the net proceeds of the Property Schedule with due diligence. (c) Lessee has not created or established, and does not expect to create or establish, any sinking fund or other similar fund (i) that is reasonably expected to be used to pay the Rental Payments under the Property Schedule, or (ii) that may be used solely to prevent a default in the payment of the Rental Payments under the Property Schedule. (d) The Property under the Property Schedule has not been and is not expected to be sold or otherwise disposed of by Lessee, either in whole or in major part, prior to the last maturity of the Rental Payments under the Property Schedule. (e) There are no other obligations of Lessee which (i) are being sold within 15 days of the Commencement Date of the Property Schedule; (ii) are being sold pursuant to the same plan of financing as the Property Schedule; and (iii) are expected to be paid from substantially the same source of funds. (f) The officer or official who has executed the Property Schedule on Lessee's behalf is familiar with Lessee's expectations regarding the use and expenditure of the proceeds of the Property Schedule. To the best of Lessee's knowledge, information and belief, the facts and estimates set forth herein are accurate and the expectations of Lessee set forth herein are reasonable. 14.03 Further Assurances. Lessee agrees to execute such other and further documents, including, without limitation, confirmatory financing statements, continuation statements, certificates of title and the like, and to take all such action as may be necessary or appropriate, from time to time, in the reasonable opinion of Lessor, to perfect, confirm, establish, reestablish, continue, or complete the interests of Lessor in this Agreement and the Property Schedules, to consummate the transactions contemplated hereby and thereby, and to carry out the purposes and intentions of this Agreement and the Property Schedules. 14.04 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns Master TELP-Appropriation Attachment D Page 429 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 585 of 943 14.05 Severability. In the jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 14.06 Waiver of Jury Trials. UNLESS PROHIBITED BY LAW, LESSEE AND LESSOR HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS OF LESSOR OR LESSEE IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF. 14.07 Amendments, Changes and Modifications. This Agreement may be amended in writing by Lessor and Lessee to the extent the amendment or modification does not apply to outstanding Property Schedules at the time of such amendment or modification. The consent of the applicable assignee or Agent, if any, shall be required to any amendment or modification before such amendment or modification shall be applicable to any outstanding Property Schedule. 14.08 Execution in Counterparts. This Agreement and the Property Schedules hereunder may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 14.09 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State. 14.10 Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written. Lessor: Extreme Networks, Inc. By: Name: Title: I Lessee: Sample Customer I Name Title: Attest Name: Title: Master TELP-Appropriation Attachment D Page 430 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 586 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Property Schedule No. Master Tax -Exempt Lease/Purchase Agreement This Property Schedule No. is entered into as of the Commencement Date set forth below, pursuant to that certain Master Tax - Exempt Lease/Purchase Agreement (the "Master Agreement"), dated as of Master Date, between Extreme Networks, Inc., and Sample Customer. 1. Interpretation. The terms and conditions of the Master Agreement are incorporated herein by reference as if fully set forth herein. Reference is made to the Master Agreement for all representations, covenants and warranties made by Lessee in the execution of this Property Schedule, unless specifically set forth herein. In the event of a conflict between the provisions of the Master Agreement and the provisions of this Property Schedule, the provisions of this Property Schedule shall control. All capitalized terms not otherwise defined herein shall have the meanings provided in the Master Agreement. 2. Commencement Date. The Commencement Date forthis Property Schedule is Start Date. 3. Property Description and Payment Schedule. The Property subject to this Property Schedule is described in Exhibit A hereto. Lessee shall not remove such property from the locations set forth therein without giving prior written notice to Lessor. The Rental Payment Schedule for this Property Schedule is set forth in Exhibit 1. 4. Opinion. The Opinion of Lessee's Counsel is attached as Exhibit 2. 5. Lessee's Certificate. The Lessee's Certificate is attached as Exhibit 3. 6. Payment of Proceeds. Lessor shall disburse the proceeds of this Property Schedule in accordance with the instructions attached hereto as Exhibit 4. 7. Acceptance Certificate. The form of Acceptance Certificate is attached as Exhibit 5. 8. Additional Purchase Option Provisions. In addition to the Purchase Option provisions set forth in the Master Agreement, Rental Payments payable under this Property Schedule shall be subject to prepayment as follows: See termination amount in Exhibit 1 (Payment Schedule), subject to per diem adjustment. 9. Bank Qualification Certificate. Attached as Exhibit 6. One of the two boxes must be checked off. 10. Expiration. Lessor, at its sole determination, may choose not to accept this Property Schedule if the fully executed, original Agreement (including this Property Schedule and all ancillary documents) are not received by Lessor at its place of business by Expiration Date. 11. Effective Interest Rate. %. IN WITNESS WHEREOF, Lessor and Lessee have caused this Property Schedule to be executed in their names by their duly authorized representatives as of the Commencement Date above. Lessor: Extreme Networks. Inc. Name: Title: Lessee: Sample Customer By: Name: Title: Attest Name: Title: Master TELP-Appropriation Attachment D Page 431 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 587 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 1 Property Description and Payment Schedule Re: Property Schedule No. , dated Start Date, to Master Tax -Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. and Sample Customer. The Property is as follows: The Property as more fully described in Exhibit A incorporated herein by reference and attached hereto. EQUIPMENT LOCATION: Sample Street Address, Sample City, State & Zip USE: test - This use is essential to the proper, efficient and economic functioning of Lessee or to the services that Lessee provides; and Lessee has immediate need for and expects to make immediate use of substantially all of the Property, which need is not temporary or expected to diminish in the foreseeable future. Rental Payment Schedule If the Due Dates are not defined in this Rental Payment Schedule, they shall be defined as the day of each monthly period of this Rental Payment Schedule commencing with the Acceptance Date. Total Principal Amount: $100,000.00. Rental Payment No. Due Date Payment Principal Interest Termination Amount Lessee: Sample Customer B: Name: Title: Master TELP-Appropriation Attachment D Page 432 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 588 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT A Property Description Equipment as described in [Vendor Name and Quote Number], dated [Quote Date] (inserted below [if less than 2 pages]), referred to and incorporated herein by this reference. Master TELP-Appropriation Attachment D Page 433 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 589 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 2 Lessee's Counsel's Opinion [To be provided on letterhead of Lessee's counsel.] [Address to Lessor and Lessee] RE: Property Schedule No. , dated Start Date, to Master Tax -Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. and Sample Customer. Ladies and Gentlemen: We have acted as special counsel to Sample Customer ("Lessee"), in connection with the Master Tax -Exempt Lease/Purchase Agreement, dated as of (the "Master Agreement"), between Sample Customer, as lessee, and Extreme Networks, Inc. as lessor ("Lessor"), and the execution of Property Schedule No. (the "Property Schedule") pursuant to the Master Agreement and, if applicable, that certain Escrow Agreement dated as of Start Date by and among Lessee, Lessor and KeyBank National Association as Escrow Agent (the "Escrow Agreement", and collectively the "Transaction Documents"). We have examined the law and such certified proceedings and other papers as we deem necessary to render this opinion. All capitalized terms not otherwise defined herein shall have the meanings provided in the Transaction Documents. As to questions of fact material to our opinion, we have relied upon the representations of Lessee in the Transaction Documents and in the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon the foregoing, we are of the opinion that, under existing law: 1. Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) the police power. 2. Lessee has all requisite power and authority to enter into the Transaction Documents and to perform its obligations thereunder, including the account(s) opened pursuant to the Escrow Agreement. 3. The execution, delivery and performance of the Transaction Documents by Lessee has been duly authorized by all necessary action on the part of Lessee. 4. All proceedings of Lessee and its governing body relating to the authorization and approval of the Transaction Documents, the execution thereof and the transactions contemplated thereby have been conducted in accordance with all applicable open meeting laws and all other applicable state and federal laws. 5. Lessee has acquired or has arranged for the acquisition of the Property subject to the Property Schedule, and has entered into the Master Agreement and the Property Schedule, in compliance with all applicable public bidding laws. 6. Lessee has obtained all consents and approvals of other governmental authorities or agencies which may be required for the execution, delivery and performance by Lessee of the Transaction Documents. 7. The Transaction Documents have been duly executed and delivered by Lessee and constitute legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with the terms thereof, except insofar as the enforcement thereof may be limited by any applicable bankruptcy, insolvency, moratorium, reorganization or other laws of equitable principles of general application, or of application to municipalities or political subdivisions such as the Lessee, affecting remedies or creditors' rights generally, and to the exercise of judicial discretion in appropriate cases. Master TELP-Appropriation Attachment D Page 434 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 590 of 943 8. As of the Q hff6l6(9F,- BhtgffMlgaM InriE� fH Vgff&MwAWg�ff6r i W&ffaWEd �EMed sufficient, no litigation is pending, (or, to our knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the Transaction Documents or of other agreements similar thereto; (b) questioning the authority of Lessee to execute the Transaction Documents, or the validity of the Transaction Documents, or the payment of principal of or interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Transaction Documents; or (d) affecting the provisions made for the payment of or security for the Transaction Documents. 9. The Lessee is a political subdivision within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended, and the related regulations and rulings thereunder, and the portion of payments identified as the interest component of the rents (as set forth in the payment schedule attached to the Property Schedule) will not be includable in Federal gross income of the recipient under the statutes, regulations, court decisions and rulings existing on the date hereof and consequently will be exempt from Federal income taxes. This opinion may be relied upon by Lessor, its successors and assigns, and any other legal counsel who provides an opinion with respect to the Property Schedule. Very truly yours, By: DO NOT SIGN THIS FORM — MUST BE ON LETTERHEAD OF LESSEE'S COUNSEL Dated Master TELP-Appropriation Attachment D Page 435 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 591 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 3 Lessee's Certificate Re: Property Schedule No. , dated Start Date, to Master Tax -Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. and Sample Customer. The undersigned attestor, being the duly elected, qualified and acting of the Sample Customer ("Lessee") does hereby certify, as of Start Date, as follows: 1. Lessee did, at a meeting of the governing body of the Lessee held on , by resolution or ordinance duly enacted, in accordance with all requirements of law, approve and authorize the execution and delivery of the above -referenced Property Schedule (the "Property Schedule") and the Master Tax -Exempt Lease/Purchase Agreement (the "Master Agreement") by the following named representative of Lessee, to wit: NAME OF EXECUTING OFFICIAL (Official(s) who signed the documents.) TITLE OF EXECUTING OFFICIAL SIGNATURE OF EXECUTING OFFICIAL And/ Or 2. The above-named representative of the Lessee held at the time of such authorization and holds at the present time the office set forth above. 3. The meeting(s) of the governing body of the Lessee at which the Master Agreement and the Property Schedule were approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, and the enactment approving the Master Agreement and the Property Schedule and authorizing the execution thereof has not been altered or rescinded. All meetings of the governing body of Lessee relating to the authorization and delivery of Master Agreement and the Property Schedule have been: (a) held within the geographic boundaries of the Lessee; (b) open to the public, allowing all people to attend; (c) conducted in accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the Lessee, if any, and the laws of the State. 4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default or an Event of Nona ppropriation (as such terms are defined in the Master Agreement) exists at the date hereof with respect to this Property Schedule or any other Property Schedules under the Master Agreement. 5. The acquisition of all of the Property under the Property Schedule has been duly authorized by the governing body of Lessee. 6. Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Rental Payments scheduled to come due during the current budget year under the Property Schedule and to meet its other obligations for the current budget year and such funds have not been expended for other purposes. 7. As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the Master Agreement or the Property Schedule or of other agreements similar to the Master Agreement; (b) questioning the authority of Lessee to execute the Master Agreement or the Property Schedule, or the validity of the Master Agreement or the Property Schedule, or the payment of principal of or interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Master Agreement and the Property Schedule; or (d) affecting the provisions made for the payment of or security for the Master Agreement and the Property Schedule. Sample Customer Attest By: Title: SOMEONE OTHER THAN THE EXECUTING OFFICIAL(S) SHOWN ABOVE MUST SIGN HERE. Master TELP-Appropriation Attachment D Page 436 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 592 Of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 4 Payment of Proceeds Instructions Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 Re: Property Schedule No. , dated Start Date (the "Property Schedule") to Master Tax -Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. ("Lessor) and Sample Customer ("Lessee"). Ladies and Gentlemen: The undersigned, an Authorized Representative of the Lessee hereby requests and authorizes Lessor to disburse the net proceeds of the Property Schedule as follows: Name of Payee: By check If by check, Payee's address: If by wire transfer. oav to: Bank Name: Bank Address: Bank City, State, Zip: Bank Phone: For Account of: Account No.: ABA No.: Sample Customer By: Name: Title: By wire transfer Master TELP-Appropriation Attachment D Page 437 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 593 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 5 Acceptance Certificate Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 Re: Property Schedule No. , dated Start Date, to Master Tax -Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. and Sample Customer. Ladies and Gentlemen: In accordance with the above -referenced Master Tax -Exempt Lease/Purchase Agreement (the "Master Agreement"), the undersigned ("Lessee") hereby certifies and represents to, and agrees with Extreme Networks, Inc. ("Lessor"), as follows: (1) The Property, as such terms are defined in the above -referenced Property Schedule, has been acquired, made, delivered, installed and accepted on the date indicated below. (2) Lessee has conducted such inspection and/or testing of the Property as it deems necessary and appropriate and hereby acknowledges that it accepts the Property for all purposes. (3) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default or an Event of Nonappropriation (as such terms are defined in the Master Agreement) exists at the date hereof. Date: Sample Customer as Lessee By: Name: Title: Master TELP-Appropriation Attachment D Page 438 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 594 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 6 Bank Qualification Certificate Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 Re: Property Schedule No. , dated Start Date, to Master Tax -Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. and Sample Customer. Bank Qualified Tax -Exempt Obligation ❑ (Check box for Bank Qualified designation) Lessee hereby designates this Property Schedule as a "qualified tax-exempt obligation" as defined in Section 265(b)(3)(B) of the Code. Lessee reasonably anticipates issuing tax-exempt obligations (excluding private activity bonds other than qualified 501(c)(3) bonds and including all tax-exempt obligations of subordinate entities of the Lessee) during the calendar year in which the Commencement Date of this Property Schedule falls, in an amount not exceeding $10,000,000.00. Non -Bank Qualified Tax -Exempt Obligation ❑ (Check box for Non -Bank Qualified designation) Lessee reasonably anticipates issuing more than $10,000,000.00 in tax-exempt obligations in the calendar year of the Commencement Date as defined in the Property Schedule. "Note: ONE of the boxes above MUST be checked. Lessee: Sample Customer By: Name: Title: Master TELP-Appropriation Attachment D Page 439 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 595 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. "Please fill out this form and fax it to your insurance company" Request for Certificate of Insurance TO: Insurance Carrier: (Name) (Address) (Address) (Contact Name) (Contact Phone) (Contact Fax) _ FROM: Customer/Lessee: Sample Customer Sample Street Address Sample City, State & Zip Contact Name: Sample Contact Name Contact Phone: Sample Phone Number Sample Customer is in the process of financing test with Extreme Networks, Inc. Sample Customer requests that Extreme Networks, Inc. be listed as "Extreme Networks, Inc., their successors and assigns" and that it be named ADDITIONAL INSURED as to liability coverage and LOSS PAYEE as to property coverage. A copy of said certificate should be forwarded to Extreme Networks, Inc. as described below. NOTE: Coverage is to include: (1) insurance against all risks of physical loss or damage to the Equipment; (2) commercial general liability insurance (including blanket contractual liability coverage and products liability coverage) for personal and bodily injury and property damage of not less than $1,000,000; and (3) if applicable, automobile liability coverage of not less than $3,000,000. Extreme Networks, Inc. is to receive 30 days prior written notice of cancellation or material change in coverage. Qualifying language such as "endeavor to provide"; "but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representative" or the like will NOT be accepted and will delay funding. ❑ 1. Please EMAIL or FAX this completed information to: Extreme Networks, Inc. Sample Account Manager, Account Manager Phone Number: Account Manager Number Email: Account Manager Email Fax: (800) 746-2436 ❑ 2. Please MAIL a Certificate of Insurance to: Extreme Networks, Inc. Attn: Collateral Services 6480 Via Del Oro San Jose, CA 95119 ❑ 3. Please CONTACT the Account Manager: ✓ When sending this Certificate. ✓ If this cannot be completed today. ✓ If you have any questions. Master TELP-Appropriation Attachment D Page 440 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 596 Of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Notification of Tax Treatment Extreme Networks, Inc. is required to collect and remit sales/use tax in the taxing jurisdiction where your equipment will be located. In the event we do not receive a valid sales tax exemption certificate prior to the date your lease commences, you will be charged sales/use tax. Personal property tax returns will be filed as required by local law. In the event that any tax abatements or special exemptions are available on the equipment you will be leasing from us, please notify us as soon as possible and forward the related documentation to us. This will ensure that your leased equipment will be reported correctly. Please indicate below if you feel that your lease is subject to tax or whether a valid exemption exists. I agree that my lease is subject to sales/use tax. I am exempt from sales/use tax and I have attached a completed exemption certificate to Extreme Networks, Inc. I have previously provided a completed exemption certificate to Extreme Networks, Inc. which is valid for this transaction. I am exempt from state tax but subject to local tax. I have attached a completed exemption certificate. I have a valid abatement or property tax exemption (documentation attached). If applicable to the tax rates in your state, are you outside the city limits or in an unincorporated area? Additional comments: Lessee: Sample Customer By: Name: Title: Master TELP-Appropriation Attachment D Page 441 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 597 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. LESSEE INVOICE INSTRUCTIONS (The information you provide enables us to invoice you correctly.) Sample Customer BILL TO ADDRESS: BILLING CONTACT: First, M.I. and Last Name: Title: Phone Number: Fax Number: PURCHASE ORDER NUMBER: Invoices require purchase order numbers: YES NO Purchase Order Number: FEDERAL TAX ID NUMBER: EQUIPMENT LOCATION (If different from Billing Address): ADDITIONAL INFORMATION NEEDED ON INVOICE: Master TELP-Appropriation Attachment D Page 442 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 598 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement #: EXTREME EXTENDED PAYMENT AND SPECIAL PURCHASE AGREEMENT This agreement, including the attached schedules and exhibits, each of which, as applicable, is expressly incorporated herein (collectively, the "Agreement"), is entered into as of the last date entered on the signature page of this Agreement (the "Effective Date") by and between Extreme Networks, Inc., with a principal office at 6480 Via del Oro San Jose, CA 95119, Extreme Networks Ireland Limited, an Ireland corporation with principal offices at Rineanna House, Shannon Industrial Estate, Shannon, Co Clare, Ireland, (independently and jointly "Extreme") and ("Purchaser") with a principal office at Background: This Agreement governs Purchaser's purchase of Extreme Technology, under the special terms of this Agreement. Generally, Purchaser will purchase Extreme Technology which will ultimately be located/installed at a location utilized by the Purchaser. Extreme will allow Purchaser to make payments on such Extreme Technology as set forth in this Agreement. Extreme and Purchaser hereby agree as follows: 1. DEFINITIONS Purchaser is the ultimate user of Extreme Technology as set forth in a Schedule. "End User Agreement' means the applicable End User License Agreement, in shrink-wrap or click -wrap format, packaged with either the Programs or Extreme Technology or set forth on Extreme's website, depending on the Extreme Technology family, the terms of which Extreme is passing through to Purchaser and may be amended from time to time, at Extreme's discretion. "Extreme Technology" means all Extreme products, replacement parts, Programs, documentation, web sites, and any other technology, data or other data, information or content owned or licensed by Extreme and furnished or otherwise made available by Extreme or its agents to Purchaser pursuant to this Agreement. "Program" (i) the software programs, bundled firmware or standalone software Extreme products or other software delivered by Extreme for use with the Extreme Technology, including all backup copies; (ii) Program Updates and; (iii) documentation for the Program. "Program Update" means a bug fix, error correction, update, enhancement (major or minor), new release, or modification of any kind of any part of the Program that Extreme makes available to its customers. "Schedule" refers to the terms and conditions not otherwise set forth in this Agreement that the parties may agree to from time to time for the sale and redistribution of Extreme Technology under this Agreement. The standard Schedule form for Purchaser is attached as Exhibit A and each Schedule executed by the parties shall be subject to the provisions of this Agreement. 2. ORDERS, SHIPMENT AND DELIVERY 2.1. Orders. To place an order the parties will execute a Schedule to the Agreement. Nothing in this Agreement requires the parties to enter into a Schedule. However, once entered into, each Schedule is a binding agreement for the purchase of the Extreme Technology and is subject to the provisions of this Agreement. Only Extreme Technology ordered under this Agreement, as identified by the serial number will be subject to the provisions of this Agreement and not inventory or product purchased under any other Agreement. Attachment D Page 443 of 471 Page 599 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement #: 2.2. Cancellation or Postponement of Schedule Prior to Shipment by Purchaser. Purchaser may cancel a Schedule in whole or in part without incurring a cancellation charge, by written notice received by Extreme at any time at least ten (10) business days prior to the originally scheduled shipment date. Any Schedule cancellation requested by Purchaser which is requested less than ten (10) business days prior to the originally scheduled shipment date, is subject to good faith discussions between Extreme and Purchaser, with the understanding that Purchaser may incur restocking/cancellation charges as a result of such cancellation. Purchaser may postpone a shipment date one time by written notice given at least five (5) business days prior to the scheduled shipment date, provided that the rescheduled date does not exceed the original date by more than thirty (30) days. 2.3 Cancellation or Postponement of Schedule Prior to Shipment by Extreme. Extreme reserves the right to cancel a Schedule or postpone any shipment in whole or in part under any Schedule if (a) Purchaser fails to make any payment, (b) Purchaser fails to meet reasonable credit or financial requirements established by Extreme, including any limitations on allowable credit, (c) Purchaser fails to comply with the terms and conditions of this Agreement. Extreme reserves the right to discontinue the manufacture, sale or distribution of any or all Extreme Technology at any time, and to cancel any orders for such discontinued Extreme Technology without liability of any kind on the part of Extreme to Purchaser or any third party. No such cancellation, refusal or delay will be deemed a termination (unless Extreme so advises Purchaser) or breach of this Agreement by Extreme. 2.4 Shipment and Delivery. All shipments will be made ExWorks (Extreme's place of shipment), except (a) for shipments within the United States, shipping shall be FOB Destination (Extreme's place of shipment); (b) for shipments within member countries of the European Union, shipping shall be CIP Consignee; and (c) for shipments to the rest of Europe, Canada and other international locations, all shipping terms are DDU Airport and all shipping described above are per Incoterms 2010. Customer shall identify mode of shipment and carrier in the accepted purchase order for ExWorks and FOB destination shipments. Extreme will select the mode of shipment and the carrier for CIP terms. 3. TITLE AND SECURITY INTEREST 3.1. Title. Title to the Extreme Technology shall pass to Purchaser upon delivery by Extreme to Purchaser at Extreme's manufacturing site or distribution center. Title to any software delivered under this Agreement shall remain with Extreme or its third party licensors. The Extreme Technology may consist of or contain additional third party software and such third party software may be licensed under terms different from those in this Section. Any open source software is licensed to Purchaser under the applicable open source licenses and such software will be subject to all of the provisions of the applicable license(s). 3.2. Security Interest. Purchaser shall be deemed to have granted Extreme a security interest in the Extreme Technology subject to this Agreement and all accessions, substitutions and replacements, and proceeds (cash and non-cash), including, without limitation, insurance proceeds (but without power of sale), to secure the prompt payment and performance as and when due of all obligations and indebtedness of Purchaser, now existing or hereafter created, to Extreme pursuant to this Agreement or otherwise. Purchaser authorizes Extreme to file financing statements to give public notice of its interest in the Extreme Technology and any proceeds thereof. Pricing and payment schedules will be set out in each Schedule. 4. PRICING, PAYMENT TERMS AND TAXES Attachment D Page 444 of 471 Page 600 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement #: 4.1. Pricing and Payment Schedule. Extreme Technology pricing and the payment schedule for Extreme Technology will be set forth in the applicable Schedule. All payments to Extreme shall be in the currency set forth in the Schedule. 4.2. Payments. All amounts are due and payable as set forth in the Schedule(s). Prices stated in each executed Schedule are exclusive of taxes noted in Section 4.3. Extreme reserves the right to charge Purchaser a late penalty of 1.5% per month applied against undisputed overdue amounts, or the maximum rate permitted by law, whichever is less. Late penalties will be recalculated every 30 days thereafter based on Purchaser's current outstanding balance. In addition, Extreme, without waiving any other rights or remedies to which it may be entitled, shall have the right to suspend or terminate any or all Schedules and refuse additional Schedules until Extreme's receipt of all overdue amounts. Extreme shall have no liability to Purchaser for any such suspension or termination of the Schedule or for its refusal of additional Schedules. Extreme further reserves the right to seek collection of all overdue amounts (including by referral to third party collectors), plus all reasonable legal fees (including reasonable attorney's fees) and costs associated with such collection. Although Extreme may extend credit to Purchaser, Extreme reserves the right to change its credit terms at any time when, in Extreme's sole opinion, Purchaser's financial condition or payment record so warrants. To assist Extreme in establishing and updating credit limits and payment terms, Purchaser agrees to provide Extreme with financial information relating to Purchaser's business, including audited financial statements and other credit related information as may be reasonably requested. 4.3. Taxes. Except for taxes based on or measured by Extreme's net income, Purchaser will pay, or reimburse Extreme for its payment of, all customs charges, duties, and sales, use, gross receipts, value added, goods and services or other taxes or fees imposed under or by any governmental authority, whether levied against Extreme or Purchaser, and a) associated with the payment of any amount by Purchaser to Extreme under this Agreement; or b) based on the export, import, shipment, purchase or sale of the Products or Services, their installation or use. If Purchaser claims an exemption from its obligation to pay any such taxes, it shall be Purchaser's responsibility to provide Extreme with an appropriate tax exemption certificate. All payments shall be made free and clear without deduction for all present and future taxes imposed by any taxing authority. In the event that Purchaser is prohibited by law from making any payment unless such deductions are made or withheld therefrom, Purchaser shall pay such additional amounts as are necessary such that the net amounts received by Extreme, after such deduction or withholding, equal the amounts which would have been received if such deduction or withholding had not occurred. Purchaser shall promptly furnish Extreme with a copy of an official tax receipt or other appropriate evidence of any tax imposed on payments made under this Agreement, including taxes on any additional amounts paid. In the event that Purchaser remits sales tax directly to the taxing authority, or claims an exemption from the tax, Purchaser will defend and indemnify Extreme against any claim by a taxing authority based on Purchaser's failure to remit the sales tax including but not limited to any penalty, interest, additional tax, or other charge that may be levied or assessed as a result of a delay or failure of Purchaser to pay any tax, charge or other fee. Purchaser and Extreme agree to cooperate to minimize any applicable taxes, including reasonable notice and cooperation in the case of any audit. This clause shall survive the termination of the Agreement. 4.4. Optional right of Return and Credit. At any time after any minimum payment requirements have been met but prior to full payment for the Extreme Technology, Purchaser may elect to return any or all of the Extreme Technology, to a location specified by Extreme and at Purchaser's expense, upon 60 days prior written notice. If Purchaser elects to return the Extreme Technology then Purchaser agrees that once the Extreme Technology is received by Extreme, title shall be considered to be passed to Extreme, at which time no further payments will be due by Purchaser Attachment D Page 445 of 471 Page 601 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement #: with respect to the Extreme Technology returned, so long as 1) there are no other outstanding payments or other charges owed by Purchaser at the time the Extreme Technology is received by Extreme and 2) other than normal wear and tear, the Extreme Technology is in good, working condition. Without limiting any other remedies Extreme may have in law or in equity, if Purchaser has notified Extreme it will return some or all of Extreme Technology but fails to return the indicated Extreme Technology within the respective Notification Period, amounts due and payable for the Extreme Technology will continue to accrue until the Extreme Technology is received by Extreme or is paid in full by the Purchaser. 4.5. Optional Take -Back. At any time following payment in full for the Extreme Technology, in the event that Purchaser does not want to retain the Extreme Technology, Purchaser agrees to notify Extreme of such and to offer to Extreme a first right of refusal to retake possession of the Extreme Technology under terms mutually agreed by the parties ("Take -Back"). Notwithstanding the foregoing, Extreme will be under no obligation to enter into such arrangement. 5. EXTREME TECHNOLOGY RESTRICTIONS 5.1. Restrictions. Except as expressly authorized, by local law, and only to the extent authorized, Purchaser will not authorize any third parties to: (i) disassemble, decompile, or reverse engineer any Extreme Technology; or (ii) copy or otherwise reproduce any Extreme Technology, in whole or in part; or (iii) remove, modify or otherwise tamper with any notice or legend on any Extreme Technology or any labeling on any physical media containing Programs; or (iv) use Extreme Technology in any manner to provide time sharing, or other computer services to third parties; or (v) create derivative works from, alter, modify, change or enhance Extreme Technology without Extreme's prior written consent; or (vi) use, modify, enhance, copy or sublicense Programs; or (vii) make any warranties, representations, promises or commitments on behalf of Extreme or its Licensors without the prior written authorization of Extreme; or (viii) distribute any Extreme Technology without the applicable End User Agreement. Purchaser's rights in Extreme Technology will be limited to those expressly granted in this Agreement. Purchaser agrees that a breach of this Section shall constitute a material default under this Agreement for which Extreme may have no adequate remedy at law, such that injunctive or other equitable relief may be appropriate to restrain such breach, whether threatened or actual. 5.2. Proprietary Rights. For any Extreme Technology, Purchaser shall acknowledge and agree to the applicable End User Agreement. The Purchaser obtains a license to the Programs solely pursuant to the terms and conditions in the End User Agreement. No rights under the End User Agreement are conveyed to Purchaser. 6. SERVICE, SUPPORT AND MAINTENANCE Service, support and maintenance may be purchased through Extreme or a third party subject to availability. 7. TERM AND TERMINATION 7.1. Term. This Agreement will commence on the Effective Date and will remain in effect unless terminated as provided for in this Agreement. The effective date and term of each Schedule will be identified in the Schedule. 7.2. Termination 7.2.1. Agreement Termination for Convenience. Either party may, at its option, terminate this Agreement or any Schedule for its convenience with sixty (60) days prior written notice to the other party ("Notification Period"). Attachment D Page 446 of 471 Page 602 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement #: 7.2.2. Effect of Termination. Except in the case for termination for breach as provided in Section 7.3, upon expiration or termination of this Agreement or any Schedule by either party, in whole or in part, Purchaser shall either a) immediately remit the balance of all remaining payments and any other amounts outstanding under all applicable Schedules, b) request that the payment schedule remain unchanged, such request shall not be unreasonably denied or c) return Extreme Technology, at Purchaser's cost, to Extreme pursuant to the RMA procedures set forth in this Agreement. If Purchaser elects to return the Extreme Technology then Purchaser agrees that once the Extreme Technology is received by Extreme, title shall be considered to be passed to Extreme. No further payments will be due by Purchaser with respect to the Extreme Technology returned so long as 1) there are no other outstanding payments or other charges owed by Purchaser at the time the Extreme Technology is received by Extreme and 2) other than normal wear and tear, the Extreme Technology is in good, working condition. Without limiting any other remedies Extreme may have in law or in equity, if Purchaser has notified Extreme it will return some or all of Extreme Technology but fails to return the indicated Extreme Technology within the respective Notification Period, amounts due and payable for the Extreme Technology will continue to accrue until the Extreme Technology is received by Extreme or is paid in full by the Purchaser. 7.3. Termination for Breach. 7.3.1. This Agreement and/or all Schedules may be terminated by either party if the other party breaches any of its material obligations under this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice ("Cure Period") of such breach. The termination of this Agreement will not affect either party's obligation to make payments to the other party as a result of events that occurred prior to termination. In the case of termination by Extreme for an uncured breach by Purchaser, Purchaser must immediately remit the balance of all remaining payments and any other amounts outstanding under all applicable Schedules. 7.3.2. Notwithstanding anything in this Agreement to the contrary, Extreme may immediately terminate this Agreement and/or any Schedule in whole or in part if: (i) Purchaser fails to comply with the payment provisions of this Agreement, (ii) upon the insolvency, bankruptcy, or dissolution of Purchaser, or; (iii) if Extreme believes there has been or will be a substantial impairment of Purchaser's credit or an assignment for the benefit of Purchaser's creditors. 7.4. NO DAMAGES FOR TERMINATION. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR DAMAGES OF ANY KIND, INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ON ACCOUNT OF THE TERMINATION OR EXPIRATION OF THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. NEITHER PARTY WILL BE LIABLE TO THE OTHER ON ACCOUNT OF TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR REIMBURSEMENT OR DAMAGES FOR THE LOSS OF GOODWILL, PROSPECTIVE PROFITS OR ANTICIPATED INCOME, OR ON ACCOUNT OF ANY EXPENDITURES, INVESTMENTS, LEASES OR COMMITMENTS MADE BY EITHER PARTY OR FOR ANY OTHER REASON WHATSOEVER BASED UPON OR RESULTING FROM SUCH TERMINATION OR EXPIRATION. 7.5. Survival. The parties' obligations under the following sections shall survive any termination and/or expiration of this Agreement: Sections 1, 3, 4, 5, 7.2.4, 9, 10 and 11 of this Agreement. 8. INDEMNITY 8.1. Intellectual Property Indemnification. Extreme will defend Purchaser against any third -party suit or proceeding and pay any damages finally awarded against Purchaser therein, based upon any Attachment D Page 447 of 471 Page 603 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement #: third party claim that any Extreme Technology furnished hereunder, alone and not in combination with any other Extreme Technology, constitutes a direct infringement of any United States or European Union patent, copyright or trade secret issued or in effect as of the Effective Date, provided that Purchaser: (i) promptly notifies Extreme in writing of any such suit or proceeding; (ii) provides Extreme sole control over the defense or settlement of such suit or proceeding; and (iii) provides reasonable information and assistance in the defense and/or settlement any such claim or action. Extreme will not be responsible for any costs, expenses or compromises incurred or made by Purchaser without Extreme's prior written consent. If the use of any Extreme Technology is permanently enjoined, or Extreme determines at its sole discretion that it may be enjoined, then Extreme may, at its sole discretion and expense: (i) procure for Purchaser the right to continue using Extreme Technology; (ii) replace Extreme Technology with a non -infringing Extreme Technology; (iii) modify Extreme Technology so that it becomes non -infringing; or (iv) accept return of Extreme Technology and credit Purchaser the sum paid to Extreme by Purchaser for the infringing Extreme Technology less depreciation calculated on a forty-eight (48) month life. 8.2. Exceptions. Extreme will not be obligated to defend or be liable for any expenses, damages, costs or losses resulting from any suit or proceeding based upon a claim arising from (a) Extreme's compliance with Purchaser's designs, specifications or instructions; (b) modification of Extreme Technology by a party other than Extreme; (c) the combination of Extreme Technology or part thereof with any other Extreme Technology; (d) the direct or contributory infringement of any process patent using any Extreme Technology furnished hereunder; (e) Purchaser's violation of a trade secret pursuant to the confidentiality obligations of the Non -Disclosure Agreement entered into by the parties; (f) Purchaser's use of any Extreme mark or any mark confusingly similar thereto, to identify anything other than Extreme Technology or services; or (g) use of the Extreme Technology or any revenue derived therefrom. DISCLAIMER. THE FOREGOING STATES THE ENTIRE LIABILITY AND OBLIGATIONS OF EXTREME AND THE EXCLUSIVE REMEDY OF PURCHASER WITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS. 9. LIMITED EXTREME TECHNOLOGY WARRANTY AND RETURNS 9.1. Warranty to Purchaser. Extreme warrants the Extreme Technology pursuant to the terms and conditions of the Extreme standard warranty posted on JI°s://.ex�ireiim�eiie�aoirlls.coiim�/su oirL ollliciies/ or for software, subject to the software license agreement posted on https://www.extremenetworks.com/company/legal. 9.2. Exclusive Remedy. As Purchaser's exclusive remedy for breach of the Extreme Technology warranty, during the Warranty Period, Extreme will repair or replace, at Extreme's sole discretion and at no charge to Purchaser, any Extreme Technology that (a) Purchaser has notified Extreme does not materially comply with the warranties described in Section 9.1; (b) with the exception of Programs, Purchaser has returned to an Extreme -authorized repair center during the applicable warranty period pursuant to the RMA Procedure of this Section; and (c) Extreme has confirmed to be defective. Replacement Extreme Technology may be remanufactured. Replacement Extreme Technology shall carry the remaining warranty of the replaced Extreme Technology. 9.3. Limitations on Warranty and Returns. Extreme shall not be responsible for and the foregoing warranty shall not apply to Extreme Technology that has been (i) damaged by accident, Act of God, shipment, improper installation, inadequate maintenance, abnormal physical or electrical stress, misuse or misapplication, or (ii) modified without Extreme's express written acceptance of such modification for warranty purposes. Attachment D Page 448 of 471 Page 604 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement #: 9.4. Disclaimer. THE FOREGOING WARRANTIES ARE IN LIEU OF, AND EXTREME EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON -INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXTREME NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY. 9.5. Returns and RMA Procedure. Purchaser shall not return any Extreme Technology unless it was purchased under this Agreement. For all Extreme Technology returned under this Agreement Purchaser must; (a) contact the Asset Manager of Extreme Capital for return material authorization number ("RMA"), b) provide Extreme with the serial number of Extreme Technology c) arrange and pay for shipping for the return of the Extreme Technology to a location specified by Extreme Communications Systems, Inc. The following additional terms shall apply only to warranty returns: Extreme shall a) verify whether or not Extreme Technology is within the applicable Warranty Period or Purchaser is otherwise entitled to repair or replacement of Extreme Technology without charge; b) (i) if Purchaser is entitled to return Extreme Technology for repair/replacement without charge, then Extreme shall issue to Purchaser an RMA; and (ii) if Extreme Technology is not under warranty, then Purchaser must issue a purchase order for service to Extreme, upon receipt of which Extreme will issue an RMA to Purchaser; (c) Purchaser shall ship the Extreme Technology together with the RMA information to the address provided by Extreme, at Purchaser's expense; and (d) Extreme shall repair or replace Extreme Technology and will return Extreme Technology at Extreme's expense. Purchaser shall pay freight cost for return shipment by Extreme to Purchaser of any Extreme Technology claimed by Purchaser to be defective but determined by Extreme to not be defective. The repair lead time is measured from receipt of the returned Extreme Technology at Extreme's repair facility. 10. LIMITATION OF LIABILITY 10.1. Hazardous Use. Purchaser acknowledges that Extreme Technology is not designed, manufactured or intended for use in connection with the design, construction, maintenance, and/or operation of any system where a failure of such system could result in a situation that threatens the safety of human life. Except as otherwise provided herein, Extreme shall not be liable to Purchaser, in whole or in part, for any claims or damages arising from such use, or resale by Purchaser to a third party for such purposes, and Purchaser agrees to indemnify, defend (with counsel approved in writing in advance by Extreme) and hold Extreme harmless against any claims for cost, damage, expense (including reasonable attorneys' fees) or liability arising out of or in connection with any such use or resale. 10.2. LIMITATION OF LIABILITY. EXCEPT FOR BREACHES OF CONFIDENTIALITY AND BREACHES OF EXTREME'S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY SHALL HAVE ANY LIABILITY TO EACH OTHER OR ANY OTHER THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, LOSS OF USE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE TRANSACTION CONTEMPLATED THEREBY, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, AND IRRESPECTIVE OF WHETHER SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IN NO EVENT WILL EXTREME'S OR ITS SUPPLIERS' TOTAL LIABILITY FOR ANY CLAIMS OR CAUSES ARISING OUT OF THIS AGREEMENT OR THE TRANSACTION CONTEMPLATED THEREBY, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE SUMS RECEIVED BY EXTREME FOR THE EXTREME TECHNOLOGYS PURCHASED BY PURCHASER, IN THE PREVIOUS TWELVE MONTH PERIOD, THAT ARE THE SUBJECT OF AND DIRECTLY AFFECTED BY SUCH CLAIMS. THESE LIMITATIONS ARE CUMULATIVE AND NOT PER INCIDENT. THESE Attachment D Page 449 of 471 Page 605 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement #: LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 11. GENERAL 11.1. Order of Precedence of Documents. In the event of a conflict between the documents that constitute the Agreement, the documents shall govern in the following order of precedence: (i) the Schedule, (ii) the local implementation agreement for the Extreme Technology provided outside the United States, (iii) the Agreement, (iii) applicable provisions in the Documentation. 11.2The following information is "Confidential Information: (i) as to both parties, the terms of this Agreement, and all information exchanged by the parties during negotiations culminating in this Agreement and during the Term of this Agreement; any information related to a party's performance of, or failure to perform, this Agreement; and any information that is marked or designated as "Confidential" or with like notice; (ii) as to the party disclosing the information, any information related to that party's assets, liabilities, financial results, financing plans, business strategies, product development plans, operations, source code, technology, know-how, trade secrets, customers, vendors, contractors, Extreme's and personnel, and all other information that a reasonable person would understand to be confidential; and (iii) as to Purchaser, data center locations, data center designs (including non -graphic information observed at Purchaser's data center); but excluding in all cases any information which is independently developed by the other party as shown by such party's written business records, or becomes generally available to the public other than through breach of this Agreement, or violation of law or other agreement. Each party agrees not to disclose the other party's Confidential Information to any third party except to its agents and representatives who need to know the information to represent or advise it with respect to the subject matter of this Agreement and who are bound by written non -disclosure obligations at least as stringent as those stated in this Agreement; provided, however, that a party will not be liable for disclosure of the other party's Confidential Information if it is required by law or regulation to be disclosed and the disclosing party gives advance written notice of the disclosure to the other party at the earliest possible time, or the party discloses the information as part of a bona fide legal proceeding to enforce its rights under this Agreement. Each party agrees to use at least a reasonable degree of care to protect the other party's Confidential Information. Each party agrees not to use the other party's Confidential Information except in connection with the performance of its obligations or exercise of its rights under this Agreement. Each party shall return or destroy the other party's Confidential Information on completion of the Agreement, or earlier on request of the other party, provided that a party may retain the other party's Confidential Information if reasonably necessary to fulfill a Schedule under this Agreement, or to maintain reasonable and customary business records. On request of a party, an officer of the other party shall certify its compliance with the preceding sentence. 12. This Agreement shall not limit either party's present or future business activities or relationships of any nature, including business activities or relationships that may be competitive with those of the other party. The parties acknowledges that the other party and its affiliates are actively engaged in business activities, investment, technology exploitation, and research and development efforts that are or may be similar to or coincident with the activities of the other party or its Confidential Information. Accordingly, each party further acknowledges that this Agreement shall in no way limit, restrict or preclude either party from assigning employees or pursuing any of its present or future business activities or interests, either alone or in conjunction with other parties, or from entering into any agreements or transaction with any other person or entity, regardless of whether such business activities and interests are competitive with any actual or proposed business activities and interests of the other party. The parties further agree that each may in the future develop or purchase products or services related to or similar to the subject matter of this Agreement. Attachment D Page 450 of 471 Page 606 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement #: 12.1. Import and Export. Purchaser acknowledges and agrees that it shall not import, export, or re- export, directly or indirectly, any commodity (including, but not limited to, Extreme Technology, related Extreme Technology or related information including Programs, other software and technical data) to any country in violation of the laws and regulations of any applicable jurisdiction. This restriction expressly includes, but is not limited to, the export regulations of the United States, and the import and export restrictions of the various countries into which Purchaser is authorized to ship Extreme Technology. Purchaser also agrees that they will not export or re-export the Extreme Technology, directly or indirectly, (i) to any U.S. embargoed country; (ii) to any person or entity on a denial list published by the U.S. Government or the government of any country into which the Extreme Technology will be shipped; (iii) for any end use that is prohibited by United States or other applicable law, including nuclear, missile, chemical biological weaponry or other weapons of mass destruction. Purchaser understands that certain Extreme Technology may require export licenses or re-export approval when being shipped. Purchaser shall indemnify, defend (with counsel approved in writing in advance by Extreme) and hold Extreme harmless against any claims for cost, damage, expense or liability arising out of or in connection with any breach of this Section. 12.2. Environmental Compliance (If Applicable). For Sales into the European Union (EU) Purchaser will accept all producer responsibilities as outlined in the EU Directive on Waste Electrical and Electronic Extreme Technology (WEEE), including as necessary registration with each EU country where Purchaser resells Extreme Technology. 12.3. Independent Parties. Each party is an independent contractor, this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Extreme and Purchaser, and neither Extreme nor Purchaser will have the power to bind the other or incur obligations on the other's behalf without the other's separate and specific prior written consent. 12.4. Insurance. Purchaser agrees during the term of this Agreement to carry liability insurance in an amount that sufficient to meet its indemnification obligations under this Agreement. 12.5. Force Majeure. Neither party is responsible for a failure to fulfill any obligations due to causes beyond its control, except that in no event will this provision affect Purchaser's obligation to make payments under this Agreement. 12.6. Notice. All legal notices required hereunder shall be in writing sent to the General Counsel of the other party and shall be deemed served when received by addressee or, if delivery is not accomplished by reason of some fault of the addressee, when tendered for delivery. 12.7. Assignability. The terms and conditions of this Agreement shall bind and inure to each party's permitted successors and assigns. Notwithstanding the foregoing, Purchaser may not assign this agreement, whether by contract or through a merger, acquisition, change in control, or otherwise, without Extreme's prior written consent, and any attempted assignment without Extreme's prior written consent shall be null and void. 12.8. Severability. If any provision in this Agreement is determined in any proceeding binding upon the parties to be invalid or unenforceable, that provision will be deemed severed from the remainder of this agreement, and the remaining provisions of this agreement will continue in full force and effect. 12.9. No Waiver. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Attachment D Page 451 of 471 Page 607 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement #: 12.10. No Compensation. Purchaser acknowledges and agrees that it shall not be entitled to any compensation, damages or payments in respect to goodwill that has been established or for any damages on account of prospective or anticipated profits, and shall not be entitled to reimbursement in any amount for any training, advertising, market development, investments, leases or other costs that shall have been expended by Purchaser before termination of this Agreement. Purchaser hereby waives its rights under applicable laws for any such compensation 12.11. Controlling Language. This Agreement has been prepared and executed in the English language only, which language shall be controlling in all respects. 12.12. Governing Law. This Agreement is governed by the laws of the State of New York without reference to conflict of laws principles. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the state and Federal courts located in Santa Clara County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. If this Agreement is made with Extreme Networks Ireland Limited, this agreement shall be governed by the laws of England, without reference to conflicts of laws principles, and all disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the English courts and the parties agree and submit to the personal and exclusive jurisdiction of the courts located in London, England. The U.N. Convention on the International Sale of Goods shall not apply to this Agreement. 12.13. Headings. The headings and titles used in this Agreement are for convenience only and not intended to indicate any legal meaning over and above that detailed in this Agreement. 12.14. Foreign Corrupt Practices Act. In conformity with the United States Foreign Corrupt Practices Act and with Extreme's established corporate policies regarding foreign business practices, Purchaser and its employees and agents shall not directly or indirectly make an offer, payment, promise to pay, or authorize payment, or offer a gift, promise to give, or authorize the giving of anything of value for the purpose of influencing an act or decision of an official of any government including the United States Government (including a decision not to act) or inducing such a person to use his influence to affect any such governmental act or decision in order to assist Extreme in obtaining, retaining or directing any such business. 12.15. Audit Rights. Extreme or its auditors may with thirty (30) day's prior written notice and at its own expense, perform audits to ascertain Purchaser's compliance with the terms and conditions of this Agreement, including the protection of Confidential Information and usage rights and restrictions. Purchaser shall provide Extreme and/or its auditors with any reasonable assistance they require at no charge. If at any time, Extreme finds Purchaser to be out of compliance with the terms and conditions of this Agreement, then Extreme may suspend or terminate Purchaser's rights granted hereunder. In the case of standalone Programs, Extreme may charge Purchaser any additional license fee associated with unauthorized use or reproduction of the Programs. 12.16. Entire Agreement. This Agreement represents the entire agreement between the parties relating to the subject matter hereof and replaces any prior agreements or understandings. No waiver or modification of the Agreement shall be valid unless in writing signed by each party. By their signatures below, the parties indicate their agreement to the terms and conditions set forth in this Agreement. This Agreement may be executed in counterparts, each of which will be deemed an original for all purposes, and together will constitute one and the same document. Telecopy signatures will be Attachment D Page 452 of 471 Page 608 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement #: relied upon as original signatures in all respects. All signed copies of this Agreement will be deemed originals. EXTREME NETWORKS, INC. Signature: Print Name: Title: Date: EXTREME NETWORKS IRELAND LIMITED Signature: Print Name: Title: Date: PURCHASER: Signature:_ Print Name: Title: Date: Attachment D Page 453 of 471 Page 609 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement #: EXHIBIT A SCHEDULE NUMBER _ FOR THE EXTENDED PAYMENT AND SPECIAL PURCHASE AGREEMENT BETWEEN EXTREME AND PURCHASER AGREEMENT # This Schedule shall commence on the last date of signature and continue until the earlier of the following: a) the date it is terminated in accordance with the Agreement or b) the date on which payment has been made in full for the Extreme Technology listed herein. Purchaser - Name, Address, Telephone Number, E-mail Address and other applicable contact information Other applicable Contact Name(s) and Telephone No(s): Shipping Address: Extreme Technoloav Total Purchase Price: Payment: Purchaser shall make monthly payments beginningT( BD) in the amount of $ USD/month for months, due and payable monthly in advance for the Extreme Technology listed herein. Description of Extreme Technology is attached as Appendix 1 to this Schedule # _ Other Terms Applicable to this Schedule: Extreme will endeavor to provide Purchaser with a list of the serial numbers for each unit of the Extreme Technology shipped underthis Schedule. If any of the information provided by Extreme is inaccurate or misstated, Purchaser must promptly notify Extreme, If Purchaser fails to notify Extreme as provided herein. Purchaser shall remain responsible for making payments for the Extreme Technology as provided by the Agreement and this Schedule. By signing this Schedule, Extreme and Purchaser agree that the provisions of the Extreme Extended Payment and Special Purchase Agreement (the "Agreement") executed by the parties and the exhibits attached to this Schedule apply to this Schedule and are incorporated by this reference. To the extent that this Schedule is inconsistent with the Agreement, the terms of this Schedule shall prevail. Extreme Networks, Inc. By: By: Name: Name: Title: Title: Date: Date: Extreme Networks Ireland Limited [Include if applicable] By: Name: Title: Date: Attachment D Page 454 of 471 Page 610 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement #: Appendix A Quantity Product Name SKU Price Attachment D Page 455 of 471 Page 611 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. NETWORK SUBSCRIPTION AGREEMENT THIS NETWORK SUBSCRIPTION AGREEMENT (this "Agreement") is made as of the Effective Date, between Extreme Networks, Inc. with its principal place of business at 6480 Via del Oro, San Jose, California 95119 and Extreme Networks Ireland Limited, a corporation organized under the laws of Ireland, with principal offices at Rineanna House, Shannon Industrial Estate, Shannon, Co Clare, Ireland (independently and collectively "Extreme"), and having its principal place of business at ("Customer"). 1. SCOPE OF AGREEMENT 1.1 This Agreement governs Customer's use of Network Subscription (as defined below) utilizing certain Extreme Technology. For the avoidance of doubt and notwithstanding anything herein to the contrary, Customer is not purchasing any Extreme Technology or other equipment from Extreme under this Agreement. 1.2 With respect to any Subscription purchased within the United States or its territories, this Agreement is entered into, and all Subscription(s) shall be performed by or on behalf of Extreme Networks Inc. To the extent Subscription(s) are available and purchased outside the United States or its territories this Agreement is entered into, and shall be performed by or on behalf of Extreme Networks Ireland Limited and such purchases will be subject to a local implementation agreement between Extreme Networks Ireland Limited and the Affiliate of the Customer located outside the United States. Each local implementation agreement will incorporate by reference the provisions of this Agreement as amended by mutual agreement of the parties. 1.3 This Agreement incorporates all provisions of the schedules, exhibits, supplements, addendums, amendments and other documents that are referenced herein. All of these documents taken together, including those effective in the future, shall constitute the entire agreement between Extreme and Customer and replace any prior oral and/or written communications, negotiations and agreements relating to the subject matter hereof. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both parties. 2. DEFINITIONS The following terms have the meanings ascribed to them when used with an initial capital letter in this Agreement. "Affiliate" means an entity that controls, is controlled by (directly or indirectly) or is under common control with the entity referred to, but only for the time that such control exists. As used in this definition, "Control" means the right to control more than fifty percent (50%) of the voting interests of the entity referred to. "Extreme Technology" means all product, replacement parts, software, Documentation, web sites, and any other technology, data or other data, information or content owned or licensed by Extreme and furnished or otherwise made available by Extreme or its agents to Customer pursuant to this Agreement. "Designated Representative" means the person(s) duly authorized by each party who have the authority to take the actions referenced in any provision of this Agreement. "Documentation" means Extreme's written documentation provided in connection with Extreme Technology that describes the functions and features of the Extreme Technology, including user guides and manuals, Help Files, FAQ, information describing technical functionality and specifications, and related information that Extreme provides to its customers generally in connection with the Extreme Technology, whether in print, web based, or other electronic form, all as they may be updated from time to time. "Documentation" does not include marketing and promotional materials. Page 1 of 16 Extreme Confidential and Proprietary Attachment D Page 456 of 471 Page 612 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. "Network Subscription" or "Subscription" means the subscription(s) and Extreme Technology provided by Extreme to Customer pursuant to the applicable Subscription Schedule. "Order" means a document signed by both parties that describes purchase terms for Subscription(s) including but not limited to a Subscription Schedule. "Premises " means location where Subscription(s) are used and/or installed "Program" means: (i) the software programs, bundled firmware or standalone software products or other software delivered by Extreme for use with the Subscription(s), including all backup copies; (ii) Program Updates and; (iii) Documentation for the Program. "Program Update" means a bug fix, error correction, update, enhancement (major or minor), new release, or modification of any kind of any part of the Program that Extreme makes available to its customers. "Tax " or "Taxes " means all taxes assessed on or against this Agreement or any Extreme Technology, including any products and equipment, utilized in connection with the provision of the Subscription services provided hereunder, including without limitation any sales, use, gross receipts or other similar transaction tax(es); provided that Taxes do not include any taxes on or measured by the net income net worth or shareholder's capital of Extreme. "Subscription Schedule " refers to the terms and conditions not otherwise set forth in this Agreement that the parties may agree to from time to time for the provision of the Subscription. A Subscription Schedule will include without limitation a description of the Extreme Technology/Subscription, additional support and respective pricing for each as well as estimated shipping and delivery date, ship to destination, bill to address, Premise address(es) and name (including contact information) of the Designated Representative and other contact name(s), if applicable. The standard Subscription Schedule form is attached as Exhibit A and each Subscription Schedule executed by the parties shall be subject to the provisions of this Agreement. 3. TERM & TERMINATION 3.1 This Agreement will commence upon the date last executed by the parties ("Effective Date") and will terminate upon the expiration of the last surviving Subscription Schedule unless otherwise terminated as provided by this Agreement. The term of the Subscription will be identified in the applicable Subscription Schedule. 3.2 This Agreement and/or all Subscription Schedules may be terminated by either party if the other party breaches any of its material obligations under this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of such breach. The termination of this Agreement will not affect either party's obligation to make payments to the other party as a result of events that occurred prior to termination. Upon such termination, the Extreme Technology must be returned to Extreme within the 30 day notification period. Notwithstanding the foregoing, Subscription Schedules which by their terms are non -cancellable may not be cancelled or terminated by Customer for any reason. 3.3 Notwithstanding anything in this Agreement to the contrary, Extreme may immediately terminate this Agreement and/or any Subscription Schedule in whole or in part if: (i) Customer fails to comply with the payment provisions of this Agreement, (ii) upon the insolvency, bankruptcy, or dissolution of Customer, or; (iii) if Extreme believes there has been or will be a substantial impairment of Customer's credit or an assignment for the benefit of Customer's creditors. Upon such termination, the Extreme Technology must be returned within 15 days of notification by Extreme. Page 2 of 16 Extreme Confidential and Proprietary Attachment D Page 457 of 471 Page 613 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. 3.4 Except as otherwise set forth in a Subscription Schedule, either party may, at its option terminate all or a portion of any applicable Subscription Schedule and/or this Agreement with sixty (60) days prior written notice. Within 60 days after notice, Customer will return the respective Extreme Technology. 3.5 Upon expiration or termination of this Agreement or any Subscription Schedule in whole or in part, Customer shall return Extreme Technology to Extreme pursuant to the RMA Procedures set forth in this Agreement. In the event of a termination of this Agreement or any Subscription Schedule by the Customer, Customer will bear all costs associated with the return of the Extreme Technology and shall do so in a manner that ensures a timely return of the respective Extreme Technology. Upon termination or expiration of the Agreement, unless otherwise specifically provided in the Subscription Schedule, the following amounts will become immediately due and payable: (i) any unpaid amounts for the Subscription provided through the date of termination; (ii) the monthly recurring charges accrued until the Extreme Technology is returned to Extreme as provided by this Agreement, and; (iii) any other amounts due and payable under this Agreement. Further, if Customer fails to make arrangements for return or otherwise fails to return Extreme Technology within the respective notice period, Extreme may take all actions reasonably necessary to obtain possession of and remove the Extreme Technology. Customer will not interfere with or object to such repossession or removal and Customer will cooperate (and ensure corporation of its employees, subcontractors, agents, representatives, and other third parties) with Extreme in such efforts. Customer releases Extreme from, and indemnifies Extreme against, any and all claims of third parties which are in any manner related to allowing Extreme access to the Premises for purposes of exercising and enforcing its rights in and to the Extreme Technology. Without limiting any other remedies Extreme may have in law or in equity, if Customer fails to return the Extreme Technology within the respective notification period, amounts due and payable for the Subscription(s) will continue to accrue until the Extreme Technology is received by Extreme and for 60 days thereafter. 3.6 Survival. The following provisions shall survive expiration or termination of this Agreement: 1, 2, 3, 4, 5.7, 5.9, 6, 7, 8.3, 8.4, 9.1, 10, 11, 12, 13, and 15. 4. PRICE AND PAYMENT TERMS 4.1 The Subscription(s) Charges will be invoiced monthly in advance of the due date (and will not be pro- rated) at the rate set forth on the applicable Subscription Schedule. 4.2 All Subscription Charges and other amounts payable by Customer are due and payable on the due date set forth in a Subscription Schedule or if none, then as specified in the applicable invoice. Extreme reserves the right to charge Customer a late penalty of 1.5% per month applied against undisputed overdue amounts, or the maximum rate permitted by law, whichever is less. Late penalties will be recalculated every 30 days thereafter based on Customer's current outstanding balance. In addition, Extreme, without waiving any other rights or remedies to which it may be entitled, shall have the right to suspend or terminate any or all Subscription(s) and refuse additional Orders until Extreme's receipt of all overdue amounts. Extreme shall have no liability to Customer for any such suspension or termination of the Subscription or for its refusal of additional Orders. Extreme further reserves the right to seek collection of all overdue amounts (including by referral to third party collectors), plus all reasonable legal fees (including reasonable attorneys' fees) and costs associated with such collection. 4.3 Charges for non-recurring expenses (such as professional services, installation and training) will be quoted, contracted, and billed separately from the Subscription. 4.4 The prices stated in each Order are exclusive of Taxes. Customer agrees to pay when due all sales, use, property or estimated property, excise and other taxes, fees or other charges of any nature whatsoever (except for any taxes based on Extreme's net income), however designated, together with any fines, penalties or interest thereon, now or hereafter imposed by any governmental entity or paid or accrued by Extreme, whetherbased upon this Agreement, any Subscription charge, or the installation, license, delivery, ownership, use, possession or return of any Extreme Technology. Extreme will pay all property or estimated property taxes on the Extreme technology, or any portion thereof, as applicable, directly to the Page 3 of 16 Extreme Confidential and Proprietary Attachment D Page 458 of 471 Page 614 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. appropriate taxing authority. Customer will reimburse Extreme for any such payments made by Extreme promptly upon request. Any fees, taxes or other charges paid by Extreme upon failure of Customer to make such payments shall become immediately due from Customer to Extreme. Any payment made hereunder to Extreme shall include the amount of any taxes required to be paid by Extreme as the result of the receipt of such payment. 4.5 Extreme will invoice and Customer shall bear applicable shipping and related charges that result from Customer's procurement, subsequent unit relocation, termination of the Subscription and other applicable fees as provided by this Agreement. 4.6 Should a court of competent jurisdiction determine, contrary to the parties' express intention, that this Agreement is a lease intended as security or other secured financing transaction, then solely in that event and for this expressly limited purpose, Customer shall be deemed to have granted Extreme a security interest in the Extreme Technology subject to this Agreement and all accessions, substitutions and replacements, and proceeds (cash and non-cash), including, without limitation, insurance proceeds (but without power of sale), to secure the prompt payment and performance as and when due of all obligations and indebtedness of Customer, now existing or hereafter created, to Extreme pursuant to this Agreement or otherwise. Customer authorizes Extreme to file financing statements to give public notice of its interest in the Extreme Technology and any proceeds thereof. 5. QUOTES, ORDERS, SHIPMENT, DELIVERY 5.1 Quote. At Customer's request, Extreme shall issue a quote stating terms for the purchase of the Subscription (a "Quote"). Each Extreme Quote shall be valid for sixty (60) days from issuance unless otherwise specifically stated in the Quote. 5.2 Orders. Nothing in this Agreement requires the parties to enter into any Orders. However, once entered into, each Order is abinding agreement for the purchase of the Subscription and is subject to the provisions of this Agreement. This Agreement shall govern each Order by any of Customer's Affiliates and Customer will be responsible for any Affiliate's purchases under this Agreement (including but not limited to an Affiliate's failure to make payment or other breach of this Agreement). Extreme may, in its sole discretion, reject an Order for failure to state the information required, or for failure to accurately reflect the commercial terms established by a Quote, Order, or Subscription Schedule. 5.3 Changing or Modifying Orders. If the parties wish to change or modify an existing Order, they shall execute a written statement that references the specific Order by date, purchase order number, or other identifier, and describes the requested changes (a "Change Order"). No changes to an Order shall become effective until both parties have mutually agreed upon and executed the Change Order. 5.4 Cancellation. Customer may cancel an Order without incurring a cancellation charge by written notice received by Extreme at any time at least ten (10) business days prior to the originally scheduled shipment date. Any other cancellation requested by Customer is subject to good faith discussions between Extreme and Customer, with the understanding that Customer may incur restocking/cancellation charges as a result of such cancellation. 5.5 Postponing Shipment. Customer may postpone a shipment date one time by written notice given at least five (5) business days prior to the scheduled shipment date, provided that the rescheduled date does not exceed the original date by more than thirty (30) days. Shipment dates may be rescheduled only by a Designated Representative of Customer. 5.6 Delivery & Shipping. Extreme will deliver Extreme Technology and Subscription to the Premises or other location designated by Customer on the applicable Subscription Schedule using a carrier of Extreme's choice. All shipments will be made ExWorks (Extreme's place of shipment), except (a) for shipments within the United States, shipping shall be FOB Destination (Extreme's place of shipment); (b) for shipments within member countries of the European Union, shipping shall be CIP Consignee; and (c) Page 4 of 16 Extreme Confidential and Proprietary Attachment D Page 459 of 471 Page 615 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. for shipments to the rest of Europe, Canada and other international locations, all shipping terms are DDU Airport and all shipping described above are per Incoterms 2010. Customer shall identify mode of shipment and carrier in the accepted purchase order for ExWorks and FOB destination shipments. Extreme will select the mode of shipment and the carrier for CIP terms. Shipping dates are estimates only. If Extreme becomes aware that it will not be able to meet a delivery date, then: (i) it shall promptly notify Customer of the delay and its proposed solution and recovery plans, and (ii) shall expedite delivery of any such Extreme Technology, at its expense. Extreme may change or discontinue Extreme Technology at any time. A change in the Extreme Technology may occur after a Customer places an Order but before Extreme performs the Subscription. As a result, Extreme Technology Customer receives might display minor differences from the Extreme Technology ordered. However, the Extreme Technology will meet or exceed all material specifications of such Order. 5.7 RMA Procedure. Customer shall not return any Extreme Technology (including but not limited to replacement parts) without a return material authorization ("RMA") number issued by Extreme. In the event of a return due to a support or warranty issue, Extreme will make arrangements for shipping the Extreme Technology back to Extreme from the Premises or other location designated by the Customer using a carrier selected by Extreme. All returns as a result of termination by the Customer will be facilitated as outlined in section 3.5 of the Agreement. Customer shall prepare the Extreme Technology for return to Extreme using the original packaging (or other packaging reasonably suitable for the Extreme Technology and type of shipment) and include the Order number, approximate date on which the Extreme Technology was delivered to Customer, RMA information and any other information as Extreme may require. Customer shall adhere to any other written RMA instruction that Extreme may issue from time to time. Failure to follow the RMA procedure as outlined in this Section could result in additional fees due and payable by Customer to Extreme including without limitation, recurring monthly fees for the Subscription and amounts associated with missing, wrong or damaged Extreme Technology, any failure to package or prepare Extreme Technology for return to Extreme as provided in this Section, additional shipping costs and the for the cost of replacing or restoring Extreme Technology to good working order. 5.8 Documentation. Notwithstanding anything in the Documentation to the contrary, the Documentation shall be part of the Agreement only as to those parts that: (i) describe the features and functions of the Product, or (ii) are expressly incorporated in this Agreement, a Subscription Schedule or an Order. 5.9 Order of Precedence of Documents. In the event of a conflict between the documents that constitute the Agreement, the documents shall govern in the following order of precedence: (i) the Subscription Schedule, (ii) the Agreement (iii) the local implementation agreement for the Subscription provided outside the United States, (iv) applicable provisions in the Documentation, the Order. PROGRAMS. Subject to the terms of the Agreement, Customer may use the Program(s) subject to the provisions of the license agreement that accompanies the Extreme Technology or that is posted at www.Extremenetworks.com. 7. USE OF SUBSCRIPTION BY CUSTOMER 7.1 The Extreme Technology is personal property of Extreme and no title, equity, ownership or right (including any license right) in or to the Extreme Technology in whole or in part shall pass to Customer except as otherwise expressly provided by this Agreement. Customer agrees that it may not pass any right or interest in the Extreme Technology to a third party and Customer shall ensure it takes necessary steps to protect Extreme's rights under this Agreement such that the Extreme Technology cannot be construed as a fixture nor shall it become a fixture on the Premises or any other location. Customer will not take any action that causes or purports to cause the imposition of any lien, claim, interest, right or encumbrance on Extreme Technology or otherwise transfer any right or interest in the Extreme Page 5 of 16 Extreme Confidential and Proprietary Attachment D Page 460 of 471 Page 616 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. technology to a third parry. Further, Customer will immediately take all necessary action to remove any lien or encumbrance on the Extreme Technology (other than any lien or encumbrance in favor of or expressly approved by Extreme) arising in connection with the Subscription provided under this Agreement or any Subscription Schedule, and shall, at its sole expense, defend, indemnify and hold Extreme harmless from and against any claims, damages, costs, expenses, losses or the like relating to the protection and preservation of Extreme's rights, title and interest in the Extreme Technology. Customer shall not remove or alter any asset tag affixed to Extreme Technology. 7.2 Customer will maintain the Premises and any other location where Extreme Technology may be located in a safe and secure manner, in accordance with recommended industry standards and conditions, and in a manner as required by the specifications accompanying the Extreme Technology and/or as may be advised by Extreme. Such requirements include but are not limited to ensuring use of the appropriate power requirements, data communications equipment, network and/or using cabling. Customer shall not remove or alter any asset tag affixed to Extreme Technology. Further, Customer will not, and will not permit others to, rearrange, disconnect, remove, relocate, attempt to repair, or otherwise tamper with any Subscription and/or Extreme Technology without the prior written consent of Extreme. If Customer wishes to relocate Extreme Technology, Customer shall provide thirty (30) day prior written notification to Extreme. Relocation may only occur within the country of original delivery. 7.3 Further, Customer will allow, or will secure permission, as applicable, for Extreme and its underlying suppliers, sub -contractors or agents to access Premises and/or Extreme Technology for the installation, maintenance, repair, replacement, relocation, inspection, monitoring, identification, or repossession of the Extreme Technology and performance of the Subscription from time to time as may be determined is necessary or desirable by Extreme. Extreme will use commercially reasonable efforts to notify Customer regarding timing and implementation of any replacement Extreme Technology (hardware or software) that will occur on the Premises. Customer shall notify Extreme promptly of any changes in Customer's hardware or software that may affect Subscription provided by Extreme. 7.4 Customer will provide Extreme with current and accurate information for Customer's Designated Representative and any other contact necessary for access to Customer's Premises. 7.5 Customer will provide Extreme and its authorized agents, sub -contractors, suppliers and agents with a safe place to work. Customer will comply with all laws and regulations regarding the working conditions on the Customer Premises and use of the Subscription. Extreme Technology may not be used for any purpose other than that for which it is provided to Customer under this Agreement. Extreme personnel who perform work related to the Subscription on Customer's premises will use reasonable efforts to comply with Customer's on-site security requirements. Customer may require any Extreme personnel to leave its premises for any reason or no reason in Customer's sole discretion, provided, however, that if Customer has not provided reasonable grounds for requiring the personnel to leave, then Extreme shall be relieved of its obligations under the Agreement to the extent it is delayed in performing them by reason of the removal. 7.6 At all times during the term of this Agreement, Customer will cooperate in all reasonable respects with Extreme (and its suppliers, sub -contractors and agents) to enable Extreme to provide the Subscription contemplated under this Agreement and any Subscription Schedule. Extreme's provision of the Subscription is conditional upon Customer's compliance with this Agreement. To the extent that Customer fails to cooperate with Extreme, provide access to the Extreme Technology or otherwise follow any reasonable instruction by Extreme, Extreme's ability to provide the Subscription(s) may be impacted and Extreme will have no liability for its delay and/or inability to provide the Subscription(s). Page 6 of 16 Extreme Confidential and Proprietary Attachment D Page 461 of 471 Page 617 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. 7.7 Customer will bear risk of loss of such Extreme Technology while on Customer's Premises except to the extent the loss is caused by the act, omission or negligence of Extreme and/or its suppliers, agents and contractors. 7.8 Extreme, or an agent designated by Extreme, shall have the right to perform an audit of Customer's use of the Subscription during normal business hours. Customer agrees to cooperate with Extreme in such audit and to provide Extreme with all records reasonably related to Customer's use of the Subscription. The audit will be limited to verification of Customer's compliance with the provisions of this Agreement. 8. WARRANTY 8.1 Extreme warrants that the Subscription provided under any Subscription Schedule will substantially conform to the description of Subscription in the respective Subscription Schedule, and that the Subscription will be performed in a workmanlike manner. Extreme Technology and replacement parts used in repairing or servicing Extreme Technology may be new, equivalent -to -new, or reconditioned. The Extreme Technology provided under this Agreement will conform to the specifications in the Documentation shipped with the Extreme Technology. Extreme shall use commercially reasonable efforts to repair and/or replace Extreme Technology that does not conform to the specifications as provided herein within the normal manufacturing lead times. 8.2 This warranty does not apply to Subscription(s) and Extreme Technology (including without limitation replacement parts) which: (i) has been serviced, modified or altered, except as expressly authorized by Extreme; (ii) have not been installed, operated, exposed to conditions, repaired, or maintained in accordance with any installation, handling, maintenance or operation instructions supplied or specified by Extreme; (iii) have been subjected to unusual physical or electrical stress; or (iv) have been damaged as a result of accident, misuse, transporting, negligence, accident or relocation by Customer or a third party. Customer agrees that the use of any third party products, which have not been certified or are supported by Extreme may cause errors in the operation of the Subscription(s). Customer acknowledges that its use of any such third party products shall release Extreme from the performance of Extreme's respective obligations and Customer agrees to pay Extreme for any time and materials associated with Extreme diagnosing such issues at Extreme's hourly billing rate. Extreme may at its discretion provide additional support to resolve any such issues. 8.3 Customer's exclusive remedy for breach of this warranty is the correction of defective Subscription(s) by Extreme, or at Extreme's election, a refund of the most recent three (3) months of recurring Subscription charges attributable to the defective Subscription. 8.4 Extreme specifically disclaims any and all warranties and liability related to any security software. Customer acknowledges that security software does not guarantee the security of Customer's network, and that Customer is responsible for all other aspects of security, including without limitation, correct installation and setup of the security features of the software and all related requirements, correctly configured security policies, selection of hardware and software (including network security tools), correct installation, configuration, and maintenance of the hardware and software, the interoperability of the various components of Customer's network, and a physically and electronically secure operating environment. Extreme further disclaims any and all warranties and liability related to any third party products not supplied by Extreme. EXTREME DOES NOT WARRANT THAT THE SUBSCRIPTION WILL BE UNINTERRUPTED OR ERROR -FREE OR THAT ALL FAILURES OR DEFECTS WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SUBSCRIPTION(S) ARE PROVIDED "AS IS" AND NEITHER EXTREME OR ITS SUPPLIERS OR AGENTS MAKE ANY WARRANTIES WITH RESPECT TO THE SUBSCRIPTION(S) OR ANY EXTREME TECHNOLOGY SUPPLIED, MAINTAINED, OPERATED OR RECOMMENDED, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Page 7 of 16 Extreme Confidential and Proprietary Attachment D Page 462 of 471 Page 618 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. 9. SUPPORT, SECURITY AND NETWORK ACCESS 9.1 Extreme's Access to Secure Information Systems and Data. Customer will be solely responsible for the content of all information that Customer stores or transfers via the Subscription(s), for backing up and maintaining copies of all its data and for the removal of any confidential, proprietary, or personal information on Extreme Technology. Extreme is not responsible for managing Customer's network environment. 9.2 Support. "ExtremeWorks Next Business Day" is included with the Subscription delivered under this Agreement. Customer may upgrade to other levels of service available that may be available from time to time for an additional fee and subject to Extreme's terms and conditions applicable to such offer. A description of Extreme's current service offers and applicable terms and conditions can be found at https:Hleam. extremenetworks.com/rs/extreme/images/ExtremeWorks-Advanced-Hardware-RUlacement- Services-SDD.pdf. For the avoidance of doubt, Extreme does not provide any kind of support for third party products not supplied by Extreme. Customer agrees that any warranty and/or support for such products shall be provided, if at all, by the manufacturer, distributor or reseller of such products. 10. CONFIDENTIALITY 10.1 The following information is "Confidential Information: (i) as to both parties, the terms of this Agreement, and all information exchanged by the parties during negotiations culminating in this Agreement and during the Term of this Agreement; any information related to a party's performance of, or failure to perform, this Agreement; and any information that is marked or designated as "Confidential" or with like notice; (ii) as to the party disclosing the information, any information related to that party's assets, liabilities, financial results, financing plans, business strategies, product development plans, operations, source code, technology, know-how, trade secrets, customers, vendors, contractors, Extremes and personnel, and all other information that a reasonable person would understand to be confidential; and (iii) as to Customer, data center locations, data center designs (including non -graphic information observed at Customer's data center); but excluding in all cases any information which is independently developed by the other party as shown by such party's written business records, is or becomes generally available to the public other than through breach of this Agreement, or violation of law or other agreement. Each party agrees not to disclose the other party's Confidential Information to any third party except to its agents, advisors, affiliates and representatives, and with respect to Extreme, its potential investors, each who need to know the information to represent or advise it with respect to the subject matter of this Agreement and who are bound by non -disclosure obligations at least as stringent as those stated in this Agreement; provided, however, that a party will not be liable for disclosure of the other party's Confidential Information if it is required by law or regulation to be disclosed and, to the extent not prohibited by applicable law or regulation, the disclosing party gives advance written notice of the disclosure to the other party at the earliest possible time, or the party discloses the information as part of a bona fide legal proceeding to enforce its rights under this Agreement. Each party agrees to use at least a reasonable degree of care to protect the other party's Confidential Information. Each party agrees not to use the other party's Confidential Information except in connection with the performance of its obligations or exercise of its rights under this Agreement. Each party shall return or destroy the other party's Confidential Information on completion of the Subscription, or earlier on request of the other party, provided that a party may retain the other party's Confidential Information if reasonably necessary to use the Subscription, or to maintain reasonable and customary business records and (ii) the obligation to return or destroy does not extend to automatically generated computer back-up or archival copies generated in the ordinary course of receiving party's information systems procedures, provided that except as otherwise permitted herein, receiving party shall make no further use of such copies. On request of a party, an officer of the other party shall certify its compliance with the preceding sentence. 10.2 This Agreement shall not limit either party's present or future business activities or relationships of any nature, including business activities or relationships that may be competitive with those of the other party. Each party acknowledges that the other party and its affiliates are actively engaged in business activities, investment, technology exploitation, and research and development efforts that are or may be Page 8 of 16 Extreme Confidential and Proprietary Attachment D Page 463 of 471 Page 619 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. similar to or coincident with the activities of the other parry or its Confidential Information. Accordingly, each party further acknowledges that this Agreement shall in no way limit, restrict or preclude either party from assigning employees or pursuing any of its present or future business activities or interests, either alone or in conjunction with other parties, or from entering into any agreements or transaction with any other person or entity, regardless of whether such business activities and interests are competitive with any actual or proposed business activities and interests of the other party. The parties further agree that each may in the future develop or purchase products or services related to or similar to the subject matter of this Agreement. The parties agree that monetary damages would not be a sufficient remedy for breach of this section and therefore agree that either parry shall be entitled to seek injunctive and other specific relief. Notwithstanding anything in this Agreement to the contrary, the provisions of this Section 10 shall survive for two (2) years after expiration or termination of this Agreement. 11. INDEMNIFICATION 11.1 General Indemnification. Each party will defend the other, the other's Affiliates, and each of their respective directors, officers, agents, and employees against any unaffiliated third party claim based on that party's gross negligence or intentional misconduct, and indemnify each of them from the resulting losses, damages, and costs and expenses (including reasonable attorney fees) finally awarded to the third party by a court of competent jurisdiction or pursuant to a settlement agreement. The indemnifying parry may settle, at its sole expense, any claim for which it is responsible under this Subsection. The indemnifying party shall control the defense and/or settlement of any claim covered by this subsection, provided that the indemnified parry reserves the right to employ counsel at its own expense and participate in the defense. 11.2 Intellectual Property Indemnification. Extreme will defend Customer, and each of its respective directors, officers, agents, and employees (collectively, the "Customer Indemnitee"), against any unaffiliated third parry claim that the Extreme Technology infringes the third party's United States or European Union patent, trademark, copyright, or valid trade secret (each, an " IP Claim"), and indemnify the Customer Indemnitee from all resulting losses, damages, costs, and expenses (including reasonable attorneys' fees) finally awarded to the third parry by a court of competent jurisdiction (or an arbitration panel or other tribunal, as applicable) or pursuant to a settlement agreement (collectively referred to as "Damages") provided that Customer shall promptly notify Extreme in writing of the claim, provide Extreme sole control over the defense and/or settlement of such claim with Extreme's choice of counsel, and at Extreme's request and expense, provide full information and reasonable assistance to Extreme with respect to such claim. Notwithstanding the prior sentence, Customer's failure to give prompt notice of the claim shall not relieve Extreme of its obligations under this Section except to the extent such failure prejudices Extreme's defense of the matter. Extreme may settle, at its sole expense, any IP Claim for which Extreme is responsible under this Section. Extreme will not be obligated to defend or be liable in any manner for infringement to the extent arising out of: (a) required compliance with Customer -provided technology or specifications; (b) modification of Extreme Technology (except modifications provided by Extreme) or use of such Extreme Technology not in accordance with Specifications; (c) Customer's combination, operation or use of the Extreme Technology with hardware, software or other materials not provided by Extreme; (d) Customer's failure to use reasonable materials or instructions provided by Extreme which would have rendered the Extreme Technology non -infringing. The Customer Indemnitee reserves the right to employ counsel at its own expense and participate in the defense and/or settlement of any IP Claim. In addition to the foregoing, should any Extreme Technology become, or are likely to become, in Customer's reasonable opinion, the subject of such a claim, Extreme shall, at its expense either: (1) procure for Customer the right to make continued use thereof; or (2) replace or modify such with a non -infringing replacement or modification that is functionally equivalent or better than the replaced Extreme Technology; provided, however, that if Extreme is unable through the use of commercially reasonable efforts to do either, then Extreme may request return of the Extreme Technology, and, upon receipt thereof; no further monthly recurring fees for the Subscription(s) will be Page 9 of 16 Extreme Confidential and Proprietary Attachment D Page 464 of 471 Page 620 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. due and payable by Customer for that part of the Subscription that includes the infringing Extreme Technology and shipping costs associated with returning the infringing Extreme Technology. 11.3 The foregoing provisions of this Section state the entire liability and obligations of Extreme and the exclusive remedy of Customer with respect to any actual or alleged infringement of any intellectual property right by the Extreme Technology, or any part thereof. 12. LIMITATION OF LIABILITY 12.1 NEITHER EXTREME NOR ANY OF ITS PERMITTED ASSIGNEES (NOR THEIR EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATES) SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION ARISING IN CONNECTION WITH THE AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EXTREME OR ANY OF ITS ASSIGNEES (OR THEIR EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATES) BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, SAVINGS, OR VALUE AS WELL AS LOSS OF DATA OR INABILITY TO ACCESS DATA. 12.2 EXTREME'S AND ITS ASSIGNEE'S ENTIRE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID OR PAYABLE BY CUSTOMER UNDER THE SUBSCRIPTION SCHEDULE WHERE THE CLAIM AROSE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THE CLAIM. 12.3 NOTHING HEREIN SHALL PREVENT EITHER PARTY FROM SEEKING INJUNCTIVE RELIEF. 13. INSURANCE. Without limiting Extreme's indemnification obligations above or other obligations under this Agreement, Customer shall obtain and maintain liability insurance and insurance against loss or damage to all Extreme Technology including, without limitation, loss by fire (including extended coverage), theft and such other risks of loss as are customarily insured against on that type of Extreme Technology. Such insurance shall be in such amounts, in such form and with such insurers as are acceptable to Extreme, and shall contain a requirement that no material modification or cancellation of coverage may occur unless thirty (30) days prior written notice thereof has been provided to Extreme. Customer shall cause its insurer to name Extreme as loss payees and additional insured, and within fifteen (15) days after Extreme's request, Customer shall cause its insurer to provide to Extreme a certificate evidencing such coverage. 14. RELATIONSHIP OF THE PARTIES Each party is an independent contractor of the other and nothing in this Agreement shall be construed to create an association, trust, partnership, joint venture, or agency relationship between the parties. Although the parties may refer to each other colloquially as "partners" they do not intend to create a partnership, and neither party has any fiduciary duty, obligation, or liability to the other or any obligation to share profits and losses. Neither party will have any rights, power, or authority to act or create an obligation, express or implied, on behalf of another party except as expressly specified in this Agreement. 15. MISCELLANEOUS 15.1 High -Risk Disclaimer. The Subscription provided under this Agreement are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, life-support machines, or any other application in which the failure of the products, software, or services could lead directly to death, personal injury, or severe physical or property damage Page 10 of 16 Extreme Confidential and Proprietary Attachment D Page 465 of 471 Page 621 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. (collectively, "High -Risk Activities" ). Extreme expressly disclaims any express or implied warranty of fitness for High -Risk Activities. 15.2 Export Compliance. Customer acknowledges that the Subscription provided under this Agreement, which may include technology and encryption, are subject to the customs and export control laws and regulations of the United States ("U.S."), may be rendered or performed either in the U.S., in countries outside the U. S., or outside of the borders of the country in which Customer or the Extreme Technology is located, and may also be subject to the customs and export laws and regulations of the country in which the Subscription is rendered or received. Customer agrees to abide by those laws and regulations. Extreme's acceptance of any Order for Subscription(s) is contingent upon the issuance of any applicable export license required by the U. S. Government or any other applicable national government; Extreme is not liable for delays or failure to deliver the Subscription resulting from failure to obtain such license or certification. Each Party agrees to indemnify, defend and hold the other harmless from any third -party claims, demands, or causes of action against the other due to the indemnifying party's violation or alleged violation of the applicable export laws, regulations or orders. 15.3 Excluded Data. Customer acknowledges that any software and/or the Subscription provided under this Agreement are not designed to offer functionality providing security and access management for the processing and/or storage of the following categories of data: (1) data that is classified and or used on the U.S. Munitions list, including software and technical data; (2) articles, services and related technical data designated as defense articles and defense services; (3) ITAR (International Traffic in Arms Regulations) related data; and (4) other personally identifiable information that is subject to heightened security requirements as a result of Customer's internal policies or practices or by law or regulation (examples include but are not limited to the Health Insurance Portability and Accountability Act, the Gramm -Leach - Bliley Act, Family Educational Rights and Privacy Act, and hereinafter may be collectively referred to as "Excluded Data"). Customer hereby agrees that Customer is solely responsible for reviewing and ensuring its data that will be provided to Extreme (or to which Extreme will have access) does not contain Excluded Data. 15.4 U.S. Government Restricted Rights. The software and documentation provided with the Subscription are "commercial items" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end-users acquire the software and documentation with only those rights set forth herein. 15.5 Assignment. Customer may not assign this Agreement without Extreme's prior written consent, not to be unreasonably withheld. Any attempted assignment in violation of the preceding sentence shall be void. This Agreement shall inure to the benefit of the parties permitted successors and assigns. Extreme may at any time without notice to Customer assign or transfer all or part of any interest in this Agreement or any Subscription Schedule. In such events, all the provisions of this Agreement or any Subscription Schedule hereunder for the benefit of Extreme shall inure to the benefit of and be exercised by or on behalf of such assignee, but the assignee shall not be liable for or be required to perform any of Extreme's obligations to the Customer. Extreme may direct that all payments due and to become due under this Agreement or any Subscription Schedule hereunder and assigned by Extreme shall be paid directly to assignee, upon notice of such assignment to Customer. The right of the assignee to the payment of the assigned payments, the performance of all of Customer's obligations and to exercise any other of Extreme's rights hereunder shall be absolute and unconditional and not be subject to any defense, right of cancellation or termination, counterclaim or set—off which the Customer may have or assert against Extreme, and the Customer hereby agrees that it will not assert any such defenses, rights of cancellation or termination, set—offs, counterclaims and claims against the assignee. No such assignment by Extreme shall relieve Extreme of its obligations or limit or otherwise affect the Customer's rights and/or obligations hereunder. 15.6 Non -Waiver. The failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other or subsequent right or remedy. Page 11 of 16 Extreme Confidential and Proprietary Attachment D Page 466 of 471 Page 622 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. Specifically, but without limitation, Customer's payment of fees is not a waiver of any claims for breach of this Agreement. 15.7 Severability. In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force. 15.8 Notices. Legal notices shall be sent via electronic mail and first class United States mail to the individuals named in the Order, and copied to: To Customer: [insert contact name & address] To Extreme: Extreme Networks, Inc. Attn: Office of the General Counsel 6480 Via del Oro San Jose, CA 95119 Non -legal notices in the ordinary course of business; e.g., notice to postpone a shipment, shall be sent via electronic mail to the Designated Representative of the other party or to such other designee as may be set forth herein. Notices shall be effective as of the day sent via email, or if that day is not a Business Day or the first Business Day that follows the day sent. 15.9 Force Majeure. Extreme will not be liable for any failure of performance hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God, environmental conditions at Customer's Premises, suppliers, fire, vandalism, cable cut, power outage, Customer's third party contractors, storm or other similar occurrences; any law, order, regulation, action or request of any government, including state and local governments having jurisdiction over either of the parties, or of any instrumentality thereof, or of any civil or military authority; wars; or strikes or other labor difficulties (each, a "Force Majeure"). 15.10 Controlling Law, Venue, Costs of Suit, and Waiver of Jury Trial. With respect to disputes which may arise as a result of this Agreement in the US, the laws of the State of New York (exclusive of its conflict of law principles) govern this Agreement, including all matters of construction, validity and performance. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING (INCLUDING ANY COUNTERCLAIM) OF ANY TYPE IN WHICH IT IS A PARTY AS TO ALL MATTERS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT OR ANY DOCUMENT, INSTRUMENT OR AGREEMENT EXECUTED IN CONNECTION HEREWITH. 15.10.1 All disputes arising out of or in connection with this Agreement and/or any Order issued hereunder to any Extreme entity other than Extreme -US shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with said rules. The place of arbitration shall be London. The arbitral tribunal shall conduct the proceedings and all awards shall be rendered in the English language. This choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction. 15.11 Dispute Resolution. The parties shall attempt in good faith to resolve any dispute arising out of or relating to the Agreement by negotiation between authorized representatives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of the Agreement; provided that Customer shall remain obligated to timely make any and all payments during such negotiations. If the dispute has not been resolved by negotiation as provided herein within fifteen (15) days after the commencement thereof, Customer agrees that Extreme or its assignee may, but shall have no obligation to, compel the Customer to participate in a mediation Page 12 of 16 Extreme Confidential and Proprietary Attachment D Page 467 of 471 Page 623 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. under the CPR Mediation Procedure then currently in effect. Unless the parties agree otherwise, Extreme or its assignee will select a mediator from the CPR Panels of Distinguished Neutrals, who shall apply the law of the State of New York, without reference to its conflict of law, to the merits of any dispute or claim. The mediator shall not be permitted to award any punitive, consequential or other special damages under any circumstances. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. Notwithstanding anything to the contrary, neither party shall be required to pursue the procedures described in this Section prior to filing a request of injunctive or other equitable relief. If the dispute has not been resolved by mediation as provided herein within thirty (30) days of the initiation of such procedure, this Agreement does not preclude either party from initiating litigation; provided, however, that Extreme or its assignee may initiate litigation at any time if Extreme or its assignee has elected to participate in a mediation procedure and Customer has failed to participate. Notwithstanding the foregoing, nothing herein shall 1) prohibit Extreme from initiating any action against Customer in any federal or state court in New York at any time, including without limitation without first seeking mediation or 2) prohibit either party from participating in any court -mandated mediation, arbitration or other alternative dispute resolution, as the case may be. 15.12 Publicity. Neither party may issue any press release or other publicity regarding the subject matter of this Agreement without the other party's prior written consent. 15.13 Trademarks. Neither party may use the other party's name, logo, trade or service marks, or similar indicia (each a "Trademark") without the other party's prior written consent. Any authorized use shall be subject to the Trademark owner's mark usages guidelines provided to the other or published on its website. 15.14 Intellectual Property. All right, title, and interest in the intellectual property (including all copyrights, patents, trademarks, trade secrets, and trade dress) embodied in the Subscription, as well as the methods by which the Subscription is performed and the processes that make up the Subscription, shall belong solely and exclusively to Extreme or the applicable suppliers or licensors, and Customer shall have no rights whatsoever in any of the above, except as expressly granted in this Agreement. The Subscription is protected pursuant to intellectual property laws and treaties. Customer may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Subscription, in whole or in part. 15.15 Designated Representative. Each party shall appoint a Designated Representative(s) Each party shall notify the other of their appointed Designated Representative(s) and their respective contact information as may be modified from time to time via notification to the other. 15.16 Compliance with Laws. Each party shall comply with all applicable governmental law, statutes, ordinances, administrative orders, rules, authorizations and regulations, including without limitation, those related to the export of technical materials. Customer will not use the Subscription or allow the Subscription to be used (i) for any unlawful purpose; or (ii) in violation of any relevant government law, statues, ordinance, administrative order, rules or regulation or authorization. 15.17 Translations. This Agreement is in English and the English language shall be controlling in all respects. Any other version in any other language shall be for accommodation only and shall not be binding upon the parties. All communications and notices to be made or given pursuant to this Agreement, and any dispute proceeding related to or arising hereunder, shall be in the English language. In the event of any discrepancy or inconsistency between different language versions of the Agreement (and all associated documents or correspondence concerning this Agreement), the English language version shall prevail. 15.18 Counterparts. This Agreement may be executed in two or more counterparts, all of which, taken together, shall be considered to be one and the same instrument. Page 13 of 16 Extreme Confidential and Proprietary Attachment D Page 468 of 471 Page 624 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. 15.19 Entire Agreement. THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES REGARDING ITS SUBJECT MATTER AND SUPERSEDES AND REPLACES ANY PRIOR OR CONTEMPORANEOUS AGREEMENT OR UNDERSTANDING, WRITTEN OR ORAL. Each party warrants and represents that its respective signatories, whose signatures appear below, have been and are on the date of signature duly authorized to execute this Agreement. Customer By: Name: Title: Date: Extreme Networks Ireland Limited. By: Name: Title: Date: Extreme Networks, Inc. By: Name: Title: Date: Page 14 of 16 Extreme Confidential and Proprietary Attachment D Page 469 of 471 Page 625 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. EXHIBIT A SUBSCRIPTION SCHEDULE SCHEDULE NUMBER Customer Billing Address: Designated Representative Name, Address, Telephone Number, E-mail Address and other applicable contact information Other applicable Contact Name(s) and Telephone No(s).: Premise Address (if different from Customer Address): Shipping Address (if different from the Premise Address): Subscription Price: Recurring Subscription Charge - $ /month, billable monthly in advance. Subscription: During the term of this Subscription Schedule, Extreme shall perform the Subscription in accordance with the terms and conditions of this Subscription Schedule and at the prices set forth herein. The Subscription encompasses the following: 1. [Insert brief description of the equipment -based services (capacity, e.g.) and attach exhibits as needed.] 2. [Describe support and maintenance terms including pricing] Term of Subscription Schedule This Subscription Schedule shall commence on the Effective Date and continue until the date it is terminated pursuant to the Agreement. Page 15 of 16 Extreme Confidential and Proprietary Attachment D Page 470 of 471 Page 626 of 943 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. SUBSCRIPTION SCHEDULE (CON'T) Other Terms Applicable to this Subscription Schedule: Estimated Shipping and Delivery Date: [Refer to quote if appropriate] By signing this Subscription Schedule, Extreme and Customer agree that the provisions of the Network Subscription Agreement (the "Agreement") executed by the parties and the exhibits attached to this Subscription Schedule apply to this Subscription Schedule and are incorporated by this reference. To the extent that this Subscription Schedule is inconsistent with the Agreement, the terms of this Subscription Schedule shall prevail. Customer By: Name: Title: Date: Extreme Networks Ireland Limited [Include if applicable] By: Name: Title: Date: Extreme Networks, Inc. By: Name: Title: Date: Page 16 of 16 Extreme Confidential and Proprietary Attachment D Page 471 of 471 Page 627 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB NASPO ValuePoint PARTICIPATING ADDENDUM Master Agreement #: AR3230 Contractor: Extreme Networks, Inc. (Contractor) Participating Entity: State of Florida, Department of Management Services (Department) Agreement No. 43220000-NASPO-I9-ACS 1. Scope: This addendum covers the NASPO ValuePoint Master Agreement for Data Communications Products and Services led by the State of Utah (Lead State) for use by Agencies, as defined in section 287.012, Florida Statutes, and authorized by section 287.042(16), Florida Statutes. For purposes of this Participating Addendum, the Department and Extreme Networks, Inc., are collectively referred to herein as the "Parties." 2. Alternate Contract Source Agreement (ACS): ACS refers to this Participating Addendum, Exhibit A: Additional Special Contract Conditions, Exhibit B: Special Contract Conditions, and the Master Agreement and all attachments. 3. Order of Precedence: All terms and conditions contained in the ACS are incorporated as if fully set forth herein and shall remain in full force and effect throughout the term of the ACS unless modified in writing by the parties. This Participating Addendum and Exhibit A: Additional Special Contract Conditions may only be modified or amended upon mutual written agreement by the Parties. If amendments are made to the Master Agreement, the Contractor shall: 1) notify the Department of such amendments; and 2) provided the Department is amenable to incorporating the amendments into the ACS, enter into a written amendment with the Department reflecting the addition of such amendments. In the event of conflict, the following order of priority governs: a) This Participating Addendum and all Amendments; b) Exhibit A: Additional Special Contract Conditions; c) Exhibit B: Special Contract Conditions; d) Attachment A: NASPO ValuePoint Master Agreement Terms & Conditions; e) Attachment B: Scope Awarded to Contractor f) Attachment C: Pricing Discounts and Value -Added Services g) An Order issued against the ACS; h) The Solicitation, SK18001 (Request for Proposals), Data Communications Products and Services; i) The Contractor's response to the Solicitation, as revised (if permitted) and accepted by the Lead State. Page 1 of 4 Page 628 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB NASPO ValuePoint PARTICIPATING ADDENDUM 4. Term of the Participating Addendum: a) Initial Term: The initial term of the ACS will become effective on the last date the document is signed by all Parties, whichever is later, and shall be effective through September 30, 2024, unless terminated earlier, in accordance with Exhibit A: Additional Special Contract Conditions or Exhibit B: Special Contract Conditions. b) Renewal: Upon agreement of the Parties, the Department and the Contractor may renew the ACS in accordance with section 287.057(13), Florida Statutes, and Rule 60A- 1.048, Florida Administrative Code. Renewals must be in writing and are subject to the same term, conditions, and modifications set forth in the ACS. The Contractor and the Department may negotiate renewal term pricing, which shall not exceed the pricing provided during the initial term as set forth in the Master Agreement. 5. Product and Service Offering: The Contractor is authorized to provide the Products listed below: • Networking • Routers, Switches, Security, and Storage Networking • Wireless • Value Added Services are permitted under this PA to the extent they do not overlap with services offered through a state term contract. If the service(s) are offered through a state term contract, agency customers are obligated use the state term contract(s) to purchase the service(s). 6. Master Price Agreement Number: All purchase orders issued by agencies within the jurisdiction of this Participating Addendum shall include the NASPO ValuePoint Master Agreement number: AR3230 7. Primary Contacts: The primary contact individuals for this Participating Addendum are as follows (or their named successors): Contractor Name: Michael Swierk Address: 6480 Via Del Oro San Jose CA 95119 Telephone: 603-952-6909 Email: mswierk@extremenetworks.com This space intentionally left blank Page 2 of 4 Page 629 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB NASPO ValuePoint PARTICIPATING ADDENDUM State of Florida Name: Joy Geller Address: 4050 Esplanade Way, Tallahassee Florida 32399 Telephone: 850-410-0978 Email: I ioy„ ellIleir( din -.JL ov 8. Participating State or Entity Terms and Conditions Participating State or Entity must check one of the boxes below. These modifications or additions apply only to actions and relationships within the State of Florida. A Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to its contractual relationship with the Contractor under the Terms and Conditions of the State of Utah NASPO ValuePoint Master Agreement. I No changes to the terms and conditions of the Master Agreement are required. [ I The following changes are modifying or supplementing the Master Agreement terms and conditions: Exhibit A — Additional Special Contract Conditions Exhibit B — Special Contract Conditions IN WITNESS WHEREOF, the Parties have executed this Addendum as of the date of execution by both parties below. Participating State: Contractor: State of Florida Extreme Networks, Inc. e�igRed By by: By: rDacuSigned L& NAG Name: Jonathan R. Satter Name: TeTeMbIbEfittle Title: Secretary Title: Senior Vice President, Sales Date: 8/7/2020 1 2:43 PM EDT Date: 8/4/2020 13:23 PM EDT Page 3 of 4 Page 630 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB For questions on executing a participating addendum, please contact: NASPO ValuePoint Cooperative Contracting Coordinator: Telephone: Email: info nas ovalue oint.or [Please email fully executed PDF copy of this document to .I ,,,,,,,,,,,&nas ov6lllw,�e oliiint„ours to support documentation of participation and posting in appropriate data bases.] Page 4 of 4 Page 631 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB Cie-, )rirtry)er)t of MANAGEN SERVICES \/\/o serve who serve Florida ADDITIONAL SPECIAL CONTRACT CONDITIONS Exhibit A The following changes are modifying or supplementing the Master Agreement and ACS terms and conditions. These modifications or additions apply only to actions and relationships within the ACS. Upon execution of the ACS, Customers may purchase products and services under contract using the State of Florida Alternate Contract Source Number 43220000-NASPO-19-ACS. A. Vendor Registration: In order to complete any transaction between an Individual Customer and the Contractor, the Contractor must be registered in MvFloridaMarketPlace. B. Purchases: In order to procure products and services hereunder, Customers shall issue purchase orders or use a purchasing card which shall reference Florida Alternate Contract Source Number 4322000-NASPO-19-ACS. Customers are responsible for reviewing the terms and conditions of this ACS including all Exhibits. C. Additional Customer Terms: If any additional ordinance, rule, or other local governmental authority requires additional contract language before a Customer can make a purchase under this ACS, the Customer is responsible for entering a separate agreement with the Contractor and capturing that additional contract language therein. D. The State of Florida's performance and obligation to pay under this ACS is contingent upon an annual appropriation by the Legislature. The vendor shall comply with section 11.062, Florida Statutes and section 216.347, Florida Statutes, prohibiting use of funds to lobby the Legislature, Judicial, or state agencies. E. Product and Service Offerings: The Contractor is authorized to provide Products as referenced in Section 5 of the Participating Addendum (PA). Any Product Offerings not listed are not approved. F. Hours of Work: The Contractor will provide services and support during the States normal working hours. Normal working hours are 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays. Days observed as holidays by State agencies are provided via the link below: https://www.dms.myflorida.com/workforce operations/human resource management/fo r sja! personnel system hr practitioners/state holidays G. Employment Eligibility Verification: The language of subsection 13.2 of the Special Contract Conditions regarding E -Verify shall apply to resellers as well as other subcontractors. Page 632 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB H. Price List/Preferred Price: The Contractor's price list will be the same as the NASPO ValuePoint price list, and the Department will post a link on the Department's website to the price list posted on the NASPO ValuePoint website. Contractors are encouraged to provide special pricing and/or tiered discount rates applicable to State of Florida Customers wherever possible. I. Orders: Any Order placed by a Customer for a Product and/or Service available under the Master Agreement shall be deemed to be a sale under and governed by the terms and conditions of the ACS. To the extent the Customer and the Contractor agree on additional terms, the terms will be documented on the Customer Order, signed by both parties, and integrated into the ACS order of precedence as reflected on the PA. J. Electronic Invoicing: The Contractor may supply electronic invoices in lieu of paper- based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: a. EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non -catalog goods and services. PO Flip via AN The online process allows Contractors to submit invoices via the AN for catalog and non -catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third -party provider of MFMP, a state contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third -party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. K. Product Installation & Invoicing: Contractor will provide timely billing and Customer will notify Contractor, in writing, of any billing concern. In order for Contractor to generate accurate service invoices, Purchasing Entities shall provide meter reads within the Contractor(s) requested timeframe. Contract No. 43220000-NASPO-19-ACS Data Communication Products and Services Page 633 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB L. Contract Reporting: The Contractor shall report information on orders received from Customers associated with the ACS. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due Dates MFMP Transaction Report Calendar month 15th calendar day of the month following the receipt of payment for the vendor's good or services. Contract Quarterly Sales State's Fiscal 15 calendar days after close of the period Report Quarter No favorable action will be considered for any contractor who has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to include fees / monies that is required under the ACS. c. Contract Quarterly Sales Report: The Contractor agrees to submit a Quarterly Sales Report to the Department's Contract Manager within 15 calendar days after the close of each State Fiscal quarter. Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July -September) — due October 15th. Quarter 2 - (October -December) — due January 15th. Quarter 3 - (January -March) — due April 15th. Quarter 4 - (April -June) — due July 15th. Quarterly reporting requirements begin the date of ACS execution. Reports must be submitted in MS Excel format and can be retrieved by accessing the following link at FL DMS Quarterly Sales Report Form. The report will include all sales (orders) from Customers received (associated with this ACS) during the period. Initiation and submission of the Quarterly Report is the responsibility of the Contractor without prompting or notification from the Department's Contract Manager. If no orders are received during the period, the Contractor must submit a report stating that there was no activity. If the Contractor fails to submit two consecutive quarterly sales reports, this ACS may be terminated for convenience or the Department may choose to not renew the ACS. In addition, the Department may require additional sales information such as copies of purchase orders, or ad hoc sales reports. The Contractor shall submit these specific ad hoc requests within the specified amount of time as requested by the Department. d. MFMP Transaction Fee Report: The Contractor is required to submit monthly Transaction Fee Reports in the Department's electronic format. Reports are due 15 calendar days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendor on the MFMP Contract No. 43220000-NASPO-19-ACS Data Communication Products and Services Page 634 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB website: MFMP Transaction Fee and Reporting. Assistance is also available with the Transaction Fee Reporting System from the MFMP Customer Service Desk by email at feer)rocessinamyfloridamarketplace.com or telephone 866-FLA-EPRO (866- 352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. M. Ad hoc Reports: The Department reserves the right to require additional reports or information pertaining to this ACS and any resulting purchase orders or contracts with customers. The Contractor must submit a report or information within five (5) business days after receipt of a Department request, unless otherwise approved by the Department. N. Financial Consequences: The following financial consequences will be assessed for nonperformance of the Quarterly Sales Report and Monthly Transaction Fee Report requirements. The State reserves the right to withhold payment or implement other appropriate remedies, such as contract termination or nonrenewal. These consequences for non-performance are not to be considered penalties. The financial consequences will be paid via check or money order and made out to the Department of Management Services in US Dollars within 30 calendar days after the required report submission date. These consequences are individually assessed for failures over each target period beginning with the first full month or quarter of the contract performance and every quarter thereafter. These consequences of non-performance shall not be considered penalties. O. Business Review Meetings: The Department reserves the right to schedule business review meetings as frequently as necessary. The Participating State will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Participating State/Entity for review and acceptance. The Contractor shall address the agenda items and any of the Participating State's additional concerns at the meeting. At minimum, the parties shall meet to discuss: a. Program compliance b. Program trending review c. Savings report: Hard dollar and soft dollar d. Spend report e. Subcontractor and contingent staff performance f. Recommendations for improved compliance and performance Contract No. 43220000-NASPO-19-ACS Data Communication Products and Services Page 635 of 943 Performance Financial Target Consequence Performance Metrics Description Frequency for Non - Performance Per Day Late Quarterly Sales Report Quarterly Sales Report are due 100% Quarterly $250 Submission on or before the 15th calendar day after close of a quarter. Monthly Transaction Fee Transaction Fee Report are due 100% Monthly $100 Report on or before the 15th calendar day after close of the period. The financial consequences will be paid via check or money order and made out to the Department of Management Services in US Dollars within 30 calendar days after the required report submission date. These consequences are individually assessed for failures over each target period beginning with the first full month or quarter of the contract performance and every quarter thereafter. These consequences of non-performance shall not be considered penalties. O. Business Review Meetings: The Department reserves the right to schedule business review meetings as frequently as necessary. The Participating State will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Participating State/Entity for review and acceptance. The Contractor shall address the agenda items and any of the Participating State's additional concerns at the meeting. At minimum, the parties shall meet to discuss: a. Program compliance b. Program trending review c. Savings report: Hard dollar and soft dollar d. Spend report e. Subcontractor and contingent staff performance f. Recommendations for improved compliance and performance Contract No. 43220000-NASPO-19-ACS Data Communication Products and Services Page 635 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB Failure to comply with this section may result in the Contractor being found in default and PA termination. P. Resellers/Partners: The Contractor may use resellers/partners in order to provide equipment and services. All resellers/partners shall be the direct responsibility of the Contractor. The Contractor is responsible for all liability, terms, and conditions within the ACS and the Customer Order. The Contractors resellers/partners' participation will be in accordance with the terms and conditions set forth in the ACS and the Customer Order. If a reseller/partner is authorized to conduct business on behalf of the Contractor and the reseller/partner is to receive compensation from the Contractor for its services, then any dispute between the Contractor and the reseller/partner shall be resolved between the Contractor and the reseller/partner. The State of Florida is not a party to any agreement entered into between the Contractor and its resellers/partners. The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), including those of any such resellers/partners and shall ensure that all such resellers/partners meet the following requirements: • Have an active registration with the Florida Department of State, Division of Corporations (www.sunbiz.org) • Registered in the MFMP Vendor Information Portal (https://vendor.m)floridamarketplace.com) • Not be on the State of Florida's Convicted, Suspended, or Discriminatory lists http://www.dms.myflorlda.com/business operations/State purchasing/vendor Inf ormation/convicted suspended discriminatory complaints vendor lists • Have a copy of E -Verify Status on file • Have a current W-9 filed with the Florida Department of Financial Services (https://fivendor.m)dloridacfo.com Q. All licenses obtained under this ACS shall be transferable to the extent necessary for any Customer reorganization under section 20.06, Florida Statutes. Contract No. 43220000-NASPO-19-ACS Data Communication Products and Services Page 636 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB Exhibit B SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION...........................................................................................................................2 SECTION 2. CONTRACT TERM AND TERMINATION................................................................................. 2 SECTION 3. PAYMENT AND FEES.............................................................................................................3 �yx��Nl�[![�Lil��:7e\i��► Ie1�Ie�el�► I�� I �yx•1t�Nl►�.'i[•lil►�l»IeUNI��i�/��.��e\�i�� :i SECTION 6. MISCELLANEOUS..................................................................................................................7 SECTION 7. LIABILITY AND INSURANCE........................................................................................................... 9 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY..............................................................................................................................................10 SECTION 9. DATA SECURITY..................................................................................................................12 SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS..........................................................13 �yx��Nl�ti�il[�Lil��:7e\i>t�► Nl�l�r•]:�I�[ [! pyx.��•�►��.�•�►��:�e�.�rem.�� .� SECTION 13. BACKGROUND SCREENING AND SECURITY...................................................................... 16 SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM .................................................... 17 In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. SP approved version 7-1-2019 1 Page 637 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. SP approved version 7-1-2019 2 Page 638 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB SECTION 3. PAYMENTAND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor's pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor's authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then -authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor's Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract's term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor's performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. SP approved version 7-1-2019 3 Page 639 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department's Contract Manager. The Department's Contract Manager, who is primarily responsible for the Department's oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department's Contract Manager Name Department's Name Department's Physical Address Department's Telephone # Department's Email Address SP approved version 7-1-2019 4 Page 640 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor's Contract Manager. The Contractor's Contract Manager, who is primarily responsible for the Contractor's oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor's Contract Manager Name Contractor's Name Contractor's Physical Address Contractor's Telephone # Contractor's Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at Ipc.tffl�ca.o„t.Pr ,i,,,c, SP approved version 7-1-2019 5 Page 641 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at IPtrIp.,//v..:.Ip.iPi%cj iririiirr• SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The provisions of subparagraphs 287.058(1)(a) -(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, SP approved version 7-1-2019 6 Page 642 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State's Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. SP approved version 7-1-2019 7 Page 643 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. 6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will SP approved version 7-1-2019 8 Page 644 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers' Compensation Insurance. The Contractor shall maintain workers' compensation insurance as required under the Florida Workers' Compensation Law or the workers' compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers' compensation insurance for all of the latter's employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers' Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected. 7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Not applicable. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any SP approved version 7-1-2019 9 Page 645 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the SP approved version 7-1-2019 10 Page 646 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB service. (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be responsible for responding to and resolving all claims for access to Contract -related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State's Records Management website. 8.4 Intellectual Property. SP approved version 7-1-2019 11 Page 647 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. In connection with Contractor's professional services, deliverables are provided on a licensed basis, as set forth in Attachment A. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor's action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. "Security breach" for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post -incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor's findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer's or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. SP approved version 7-1-2019 12 Page 648 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor's promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non -Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time -frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of SP approved version 7-1-2019 13 Page 649 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department's delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the Department Customer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor's reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACTAUDITS. SP approved version 7-1-2019 14 Page 650 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractors' data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida's Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor's general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida's Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor's employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re -screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E -Verify. The Contractor must use the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E - Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E -Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within SP approved version 7-1-2019 15 Page 651 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB five (5) calendar days to the Contract Manager identifying the new hire with its E -Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; Q) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. ATTACHEMENT A Professional Services IP Terms This attachment provides terms regarding intellectual property rights when providing SP approved version 7-1-2019 16 Page 652 of 943 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB professional services to Customer. Definitions: "Deliverables" means any reports, analyses, scrips, templates, software or other work products, tangible or intangible, to be delivered by Extreme to Customer as set forth in the SOW. "Intellectual Property Rights: means all worldwide intellectual property rights including copyrights, trademarks, service marks, trade secrets, know-how, inventions, patents, patent applications, moral rights and all other proprietary rights, whether registered or unregistered. "Party" means Contractor or Customer individually. Grant of License Rights in the Deliverables. Contractor grants Customer a nonexclusive and nontransferable license to use the Deliverables specified in the Agreement (in object code if any software is provided) for Customer's own internal use. This license grant does not include the right to sublicense and is nontransferable. For Deliverables that are to be used with an Extreme subscription license and/or subscription service, the term of this license is revocable, and shall be for the same duration as the applicable subscription license/service (not perpetual) that Customer has purchased, and shall expire at the end of the subscription license/service. For Deliverables that are not intended for use with a subscription license or subscription service, this license is irrevocable (except in case of breach of the Agreement) and perpetual. 2. This license confers no title or ownership in the Deliverables and will not be construed as a sale of any rights in the Deliverable or the media on which it is recorded, printed, or otherwise provided/transmitted. All copyrights and other Intellectual Property Rights existing prior to the date of performing the Services shall belong to the Party that owned such rights immediately prior to the date of performance of Services. Neither Party shall gain by virtue of these terms any rights of ownership, patents, trade secrets, trademarks or any other Intellectual Property Rights owned by the other Party. Contractor shall own all copyright, patent, trade secrets, trademarks and other Intellectual Property Rights, title and interest in or pertaining to any techniques, know-how, software, inventions, processes, data, design, diagrams, documentation and all other information and materials created by Contractor in performing the Service hereunder. 3. This license does not apply to any other Contractor products or items licensed or otherwise provided, under a separate agreement. Notwithstanding anything herein to the contrary, open source software is licensed to the Customer under that open source software's own applicable license terms. SP approved version 7-1-2019 17 Page 653 of 943 71' Ifit I p� V,. About NCPA NCPA (National Cooperative Purchasing Alliance) is a leading national government purchasing cooperative working to reduce the cost of goods and services by leveraging the purchasing power of public agencies in all 50 states. NCPA utilizes state of the art procurement resources and solutions that result in cooperative purchasing contracts that ensure all public agencies are receiving products and services of the highest quality at the lowest prices. For more information, go to .ncna.us. Who Can Use NCPA's Contracts? There are over 90,000 agencies nationwide from both the public and nonprofit sectors that are eligible to utilize These include, but are not limited to the following agency types: • School Districts (including K-12, Charter schools, and Private K-12) • Higher Education (including Universities, Community Colleges, Private Colleges, and Technical / Vocational Schools) • Cities, Counties, and any Local Government • State Agencies • Healthcare Organizations • Church/Religious • Nonprofit Corporations State Statutes Want to see your state's laws on cooperative purchasing? Click here to view or sae "s laws on cooeralve r�rclaslnq. (,hffo�// .nca.us/Sfafufes9. This contract is accessible nationally to public agencies whose state laws allow for intergovernmental contract use. Contract SYININIEX ICIP 01-97 Advanced Technology olllutiiions Aggregator Term August 1, 2019 thru July 31, 2022 plus two additional option years. Awarded Manufacturers This contract covers all manufacturers listed on the SYNNEX corporate line card plus services Fre is ht All deliveries to NCPA members shall be freight prepaid, FOB Destination. Forauthorized Dealers, all standard commercial freight policies will apply. Possible assistance with freight will be determined on a case by case basis. Additional freight costs may apply for white glove, special and expedited delivery requirements. � ff Page 654 of 943 71, Ifit I p� V,. Contract Pricina SYNNIEX INCIP 01-97 Advanced Tech Sollutions Aggregator Contract IPricing: • 4% Discount from MSRP applicable to all manufacturing lines, (unless noted in Exceptions below) 2% Discount from MSRP for the following Exceptions: • Chromebooks, HP Smartbuys, Lenovo TopSeller Products and all other promotionally priced products. • Manufacturers: APC, Asus, Cisco, Crucial, Google, Global Knowledge Training, Microsoft Software, NEC, Seagate, and F5 Services. Please refer to the Services line card for a complete breakdown of specific costs associated with our services. Dealer is free to offer additional discounts from the established contract price. Authorized Dealer Program SYNNEX offers a Dealer Program that provides select reseller partners the ability to sell to NCPA members using this contract. The Dealer is authorized to invoice the NCPA mem ber and accept payment on behalf of SYNNEX, subject to the following requirements: • Dealer quote will include the NCPA contract price and your cost from SYNNEX. • End-user pricing can NOT exceed the NCPA Contract Price but can be discounted by the Dealer. • Dealer must identify all NCPA quotes and orders to SYNNEX. Quotes can be obtained at NCP synnex„com„ • Both the End-user and Dealer POs should reference the NCPA Contract number (NCPA 01-97). Dealer is responsible for maintaining a copy of these POs for audit purposes for up to 3 years following the date of that sale. • Reseller must have a current account in good standing at SYNNEX and signed Dealer Agreement. To participate, please send request to ,NCP snnex„com„ • SYNNEX and manufacturers' standard commercial certifications/authorizations are required for participation. SYNNEX Contacts Team Contact: For New Authorizations: Nicholas Coperine For Existing Resellers: NCP snnex„coirn 1-914-618-1524 Cory Fortune: 1-800-456-4822, ext. 494560 Jennifer McEachern 1-800-456-4822, ext. 494079 Website: htt ::// s nnexcor wcom/us/ ovsoly/nc a/ � ff Page 655 of 943 71, Ifit I p� V,. POS Reporting Authorized Dealer must provide a POS of their sales under this contract to NCP d�snnex„coirn no later than the 5th day following the end of the preceding month using the template below. (SYNNEX is required to provide a monthly POS to NCPA by the 15th to ireiaoirtiin d7nc a„us ) Contract Fees Authorized Dealer is responsible for the payment of the Contract IFee to SYNNEX, bythe 151h day of the month„ Contract fee„ 0.80% or 80 bps for Commodity Products 2.00% for Enterprise Products The Contract Fee is calculated off the Dealer's combined monthly POS based on the total pricing charged to the NCPA members. Participating manufacturers are encouraged to provide special pricing that offsets this Contract Fee. Payment should be sent to the following address: SYNNEX Corporation c/o Corry Fortune 39 Pelham Ridge Drive Greenville, SC 29615 Marketina There are no restrictions in the marketing of this contract directly to the cooperative membership. The NCPA Program Office can assist SYNNEX and our participating Dealers with their marketing efforts, training and attendance at industry events and SYNNEX GovSoly shows. NCPA has provided a membership list to assist our dealer organization in the marketing of this contract. Reach out to nc aaynnex.com for more information. NCPA Jonathan Applegate, Director, Operations Tele: 832-477-3475 E -Mail: jappllegate ncpams � ff Page 656 of 943 AWAWMW S T]EE PCG BILL TO: City of Boynton Beach 100 E ocean avenue Boynton Beach, F1 33435 STEP CG, LLC 50 E. Rivercenter Bldg, Suite 900 Covington, KY 41011 SHIP TO: City of Boynton Beach 100 E ocean avenue Boynton Beach, FL 33435 Quote Quote Date: 05/07/2021 Valid Till: Jun 25, 2021 Quote Number: Q-14403 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Contact Name:Charles Stevens Quote Stage: Delivered .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... S.No. Product Details Qty List Price Discount Total 1. Extreme 5420F-48P-4XE 5 $ 8,295.00 $ 18,663.75 $ 22,811.25 5420F 48port PoE+ Switch 2. Extreme 97004-5420F-48P-4XE 5 $ 363.00 $ 217.80 $ 1,597.20 EW NBD AHR 5420F-48P-4XE 3. Extreme XN-ACPWR-920W 5 $ 1,215.00 $ 2,733.75 $ 3,341.25 920W AC Power Supply 4. Extreme 10099 10 $ 29.00 $ 130.50 $ 159.50 Power Cord 15A USA NEMA 5-15 C15 5. Extreme IA -ES -1K 1 $ 7,995.00 $ 3,597.75 $ 4,397.25 Identity & Access 1 000 End -System License - VOUCHER 6. Extreme 97003-S20098 1 $ 1,607.00 $ 192.84 $ 1,414.16 EW SOFTWARE SUPPORT 520098 Sub Total $ 33,720.61 Tax $ 0.00 Grand Total $ 33,720.61 III'eriiiIIIIs and CondIIIitWon'! 43220000-Naspo-19-ACS Page 657 of 943 S T AAMMW 111,, P(11111�:,11.11 AffAmmmi �° v,1hew�nrrm:v r;on Charles Stevens Lx(vaion STATEMENT OF WORK City of Boynton Beach Switch Installation and Network Services Contract NCPA 01-97 Network Design and Management May 5, 2021 INTRODUCTION This Statement of Work ("SOW") is between STEPCG, LLC, with a principal place of business at 50 East Rivercenter Blvd., Suite 900, Covington, KY 41011 ("STEPCG"), and City of Boynton Beach ("Client"). The purpose of this SOW is to set forth the terms under which STEPCG will provide Client with services as defined. The terms of this SOW shall be governed by the master agreement jointly executed between the Client and STEPCG ("Agreement"). If an Agreement is not in place, the SOW will be governed by the Terms and Conditions as outlined in this SOW. CONTACTS Client STEPCG Sponsor Charles Stevens Account Manager Danny Poindexter Email stevensc@bbfl.us Email DPoindexter@stepcg.com Phone 561-742-6079 Phone 281-769-8774 Ext 3109 Technical Contact Charles Stevens Solutions Architect David Paliga Email stevensc@bbfl.us Lead Engineer TBD Phone 561-742-6079 Project Manager TBD ,noit y,/ rOA/,.f''" c (. F"I'd dirIf `:,Uitu 1)00 v"lo1w1i q con c)vingl:on, K e[1U ,[(, fir y 41M I F'6d`65&df"943 S T AAMMW ..,., P(11111�"'11.11 AffAmMME �.° DescriptiAni................................................. V'/hew i3rrw':� i;on Quantity . Lx(vaion SCOPE OF WORK Scope overview STEPCG will provide remote resources to provide switch software staging, configuration, and production operation validation of five (5) Extreme Networks — Universal 5420F -48P (VOSS SW) switch units. The Extreme Networks 5420 switch units will be deployed as SPBm network fabric access switch nodes, replacing existing legacy ERS switch units. These units in addition to six (6) other existing switch units (provided within list below and topology diagram) will need to be configured and integrated into Extreme XMC and Control for automated campus operations. *Please note that the City of Boynton Beach — City Hall network, has automated campus operations in production today. This project is to extend the automated campus fabric rollout to the City of Boynton Beach — Utility network. Line# PartNuthter DescriptiAni................................................. Manufacturer Quantity . 1.0 5420E-48P-4XE ExtremeSwitching 5420F 48 10/100/1000BASET FDX/HDX Po E+ 2 stacking/SFP-DD 4 10G unpopulated SFP+ MACSec capable internal fixed PSU fans 1 unpopulated modular PSU slot. Includes 1 year XIQ Pilot Cloud Subscription. Extreme Networks 5 1.1 97004-5420F-48P-4XE EW NBD AHR 5420F-48P-4XE Extreme Networks 5 1.2 XN-ACPWR-920W 920W AC PoE PSU supported on PoE models of 5420 switches Extreme Networks 5 1.3 10099 Power Cord, 15A, USA, NEMA 5-15, IEC320-C15 Extreme Networks 10 2.0 IA -ES -1K NAC ENTERPRISE LICENSE FOR 1K ES Extreme Networks 1 2.1 97003-S20098 EW SOFTWARE SUPPORT S20098 Extreme Networks 1 The following switch units will be replaced with the 5420F series switch units specified within the BoM above. o UTEP o UTW P o UtilAdminlstFL o UtilAdmin2ndFL ERS 4850GTS-PWR+ (1) ERS 4850GTS-PWR+ (1) ERS 4850GTS-PWR+ (1) ERS 4850GTS-PWR+ (2) The following switch nodes that exist within the Utility network will need to be configured and operationally validated to support directly connected hosts as well as network fabric automation interconnect operations. f(r,/n.f''" c (. F"I'd dirty f '(uitu "))(.) vnnon✓J"ir E, q con F'6db "659�)df"943 S T AAMMW 111,, P(11111�"'11.11 AffAmMME �° • UTEP.core.B v,ihew nrj()V':r(ion • UtilAdminSR Lx(vaion • Switch Stack Switch Type • UTEP.core.A VSP 7254XSQ • UTEP.core.B VSP 7254XSQ • UtilAdminSR VSP 4450GS-PWR+ • UTWP.core VSP 4450GS-PWR+ • UtilDES VSP 4450GS-PWR+ • UTEP ERS4950GTS-PWR+ • UTWP ERS 4950GTS-PWR+ Planning / Design Phase: Establish timeline and work schedule for remote configuration services to existing network infrastructure and switch unit replacements. New Switch units will be configured and tested to allow City of Boynton Beach to install switch units independently, and on their own time schedule. ,jnoit y,/ rOA/,.f''" c (. F"I'd diI'If `:,Uitu 1)00 "t"lo1 J q con c)vingl:on' K e[IU '1(' fir y 41M I F'6db`660�)df"943 S T AAMMW 111,, P(11111�"'11.11 AffAmmmi �° V'Vhew nr()V':�(ion Lx(vaion All work to be performed remotely and will be scheduled during normal business hours 8:OOam — 5:00pm Monday — Friday. The timeline will reflect information and planning in the event the project is disrupted due to severe weather or Majeure events. Product and project resource lead-times may vary based upon issuance of Purchase Order to start of project. Typical lead-time of 2-4 weeks. Timelines and project start dates will be established based upon customer product receivable date. A STEPCG project manager will be the primary contact for City of Boynton Beach for the duration of installation project. The project manager will work with City of Boynton Beach to establish timelines for the project along with scheduling appropriate resources to completion. Discovery Phase • Collect and review existing switch/routing configurations for switch units that will be replaced. • Review existing Extreme Management Center — XMC configuration and operations. • Review implemented IP switching and routing address schema and topology maps. • Collect outputs from learned mac -addresses, per port and per vlan basis. • Confirm configuration backups for each of the existing and new deployed switch units. • Identify new port allocations for relocated and new connections from existing to new switch units. • Review operations and standardized switch configurations within City of Boynton Beach. • Collect and identify SPBm configurations and design. • Collect and identify RSMLT configurations and operations — if required. • Review current XMC, Analytics, Extreme Control NAC Configuration profiles, rules, and operations. • Collect and review configuration parameters for network services such as dhcp, dns, syslog, SNMP, AAA, ACLs and other security requirements. Configuration Phase — To be completed by City of Boynton Beach • Inventory switch component receivables. • Apply asset tagging labels. • Unpack and assemble switch units — power supply, mounting gear equipment. • Apply IP addressing for remote accessibility, serial console access if required. • Provide local TFTP / FTP services for image installation and download. • Provide network connectivity from new switch units to production network allowing testing and validation to switch unit configuration operations. ,noit y,/ fON,"''" c (. F"I'd diI'If `:,Uitu "N)(.) "t"lo1 J q con c)vinq[:on, K e[1U '[(' ky 41M I P6db "6611'Cif"943 S T AAMMW 111,, P(11111�"'11.11 AffAmmmi �° V'/hew nrjrw':�(ion Lx(vaion • Install purchased NAC License IA -ES -1K. • Provide remote network access to the identified Utilities network switch nodes that will require configuration updates. Configuration Phase — To be completed by STEPCG via provided remote access. Upgrade switch unit software to recommended O/S release. Deploy best practice configurations to allow seamless installation of new switch unit, fabric network cores and router operations. To include the following and not limited to other features and functionality required by the City of Boynton Beach. • Port VLAN based configurations. • Port Descriptions / VLAN Descriptions • SPBm / ISIS Configurations / Fabric Integrations — Access Switches and Cores • LAGS • DHCP Forwarding • SNMP • SYSLOG • XMC Management • AAA per device • Loop Detection / Prevention mechanisms • BUM Traffic Control • QoS • LLDP • VoIP Integrations • Extreme Control — NAC Enablement (integration within existing XMC - Control NAC deployment) Automated Campus Fabric w/Extreme Control (NAC) integration services for Utility Network • Existing Rules, End -system groups and Engine groups will be used to migrate the Utility network into automated campus network operations. • Add new and existing Utility Network switches into Extreme Control location groups for automation and NAC for end -systems. • Setup test lab for NAC authentication during staging of new 5420 series switch unit - MAC authentication, and 802.1x. • Utilize existing Build Rules, End -system groups and Engine groups for scaling of Extreme Control. • Apply Extreme best practices to VOSS, BOSS, XMC and Extreme Control • Upgrade to the latest stable release for VOSS, BOSS, XMC and Extreme Control • Add new and existing Utility Network - Extreme Ethernet switches as Extreme Analytics source — if required. ,jnoit y,/ rOA/,.f''" c (. F"I'd diI'If `:,Uitu 1)00 "t"lo1 J q con c)vingl:on' K e[1U '[(' fir y 41M I F'6db`662 )df"943 S T AAMMW 111,, P(11111�"'11.11 AffAmmmi �° V'Vhew nr()V':�(ion Lx(vaion 5420F -48P deployment phase — To be completed by City of Boynton Beach. • To install pre -configured Extreme Networks 5420F -48P switch units within each location and designated physical space. • Install new power cords provided with Extreme Networks 5420F -48P switching units. • To verify power -up cycle and switch boot operations. • To connect all physical cabling — both copper and fiber to 5420F -48P switch port — and identified core switch ports. • Validate switch unit operations and acceptance testing. • Upgrade existing XMC applications. • Provide transceivers for all uplinks. • New XMC device discovery for 5420 switch unit replacements. • Add new 5420 switch unit devices as Extreme Analytics sources — if required. • Add new 5420 switch unit devices as Extreme Control Note: Extreme Management Center - XMC Upgrade upgrade required to 8.5.4.23 or greater for 5420/5520 Series support. When performing an upgrade, be sure to back up the database prior to performing the upgrade, and save it to a safe location. Use the Administration > Backup/Restore tab to perform the backup. Take a VM Snapshot if applicable. Download and transfer required s/w images to appropriate servers. Execute procedure to upgrade all XMC application servers to targeted version. Knowledge transfer Phase Knowledge transfer will occur during the staging, configuration, and implementation phases of the project. We encourage the City of Boynton Beach IT team to actively participate with the STEPCG team and partner to share knowledge throughout the project. A two (2) hour operational review session will be provided upon successful production deployment of all five (5) switch units. OUT OF SCOPE / ASSUMPTIONS Any changes to the Statement of Work or rescheduling of dates/time for this engagement shall initiate the Change in Scope process and could be subject to additional costs. No oral statements by any party shall constitute an official modification of statement of work. All SOW changes shall be requested in writing and accepted/rejected by the Client and STEPCG project manager in writing. Out of Scope and Assumptions include: ,noit y,/ fON,"''" c (. F"I'd diI'If `:,Uitu "N)(.) "t"lo1 J q con c)vinq[:on, K e[1U '[(' fir y 41M I F'6db`663�)df"943 S T AAMMW 111,, P(11111�"'11.11 AffAmMME �° v,1hew nrrw':� r;on Lx(vaion • Site and system preparations are responsibility of end user, unless otherwise noted in this Statement of Work (See Client Responsibility Section). • Replacement of designated switches to occur outside of regular work hours and business operations unless otherwise specified. • Any missing, dead on arrival (DOA), unrelated equipment and network unavailability may require additional visit(s), which will be billed at normal T & M rates, plus a visit charge per occurrence with associated travel cost. • Client represents that it has made routine backups of data and completed a successful test of data restoration and recovery. Client shall continue to make such routine backups during the course of the project. • Client recognizes that Internet access and computer network connections may be made temporarily unavailable during installation of Products. • STEPCG shall not perform installation, configuration or troubleshooting of third -party products & solutions, not included in this SOW. Charges associated with technical support for third -party hardware or software is the responsibility of Client. CLIENT RESPONSIBILITES Client involvement and preparedness is critical for a successful engagement and will reduce project risk and help support the engagement timeline. Client recognizes that its failure to provide the required engagement support items as identified in the Client Responsibility Section may impact the project. If the Client responsibility items cause a project delay, change in scope, or project impact, a Change Request process will be initiated requiring approval and additional cost could be incurred. Client responsibilities include: Client Resource Availability and Documentation: • Provide a dedicated point of contact for the engagement (ie. Project Sponsor) • Provide on-site contact that has authority to make decisions related to implementation / deployment as scoped in this SOW. • Facility escort and/or assistance as needed for all required access locations. • Participation in network design & consultation meetings • Assist with network operation validation upon implementations. • The sharing of network discovery or other requested information and documentation needed for the successful execution of the engagement. Facility and Access Readiness: • Building Facilities and Networking equipment access as needed along with Premises access arrangements. • Equipment room / environmental readiness including the completion of required power installation, and any required wiring/cabling not covered under the scope of this engagement. • Secure location for product delivery, equipment staging, or lab setup. • Installation materials (i.e., wiring, racks, patch panels, cords, jacks, cabling, Amphenol tails, punch blocks, cabling peripherals, etc.) not covered under this SOW. ,noit y,/ rO M "r, c (. F"I'd diI'If `:,Uitu 1)00 "t"lo1 J q con )vingl:o,,,Ke[1U'[(' ky%1M I F'6db`664)df"943 S T AAMMW 111,, P(11111�"'11.11 AffAmmmi �° v,1hew nrrw':� r;on Lx(vaion • Appropriate maintenance window allowing for required downtime along with managing notification to end customers for any temporary service outages. • Remote VPN access including VPN or SAL concentrator access as required. Network Preparation Readiness: Network readiness (i.e., Internet Access, VLANs, DHCP, etc.). Physical equipment and configuration to support this engagement. o Rack space, appropriate copper and fiber cabling as required. ■ Inter and Intra Switch connectivity ■ Pre -switch installation patch panel and cable labeling. o LAN/WAN including the installation of Layer 2 edge LAN switches. o Switching, router, or other data configuration services as required o Applicable wiring including toning/tested, tagged and labeled. o Servers/VM hardware & resources required in support of the engagement. Applicable IP addresses, subnet mask, default gateway If needed, DMARC has been extended and the wiring tested to the equipment room where the equipment will be installed. STEPCG RESPONSIBILITIES STEPcG is focused on providing you the client with a project engagement that is structured for success. We strive to deliver the engagement as planned to limit risk and provide the best outcome for your business. Our Professional Services team of Project Managers, and Engineers are highly trained and have industry leading certifications. STEPcG project execution responsibilities include: • Provide a project status communication plan and a project plan. • Provide skilled engineering resources to perform the work as outlined in this SOW. • Identify and report any issues relating to implementation to the Client project manager, STEPcG engineering resources, and management as needed. • Ensure project plan and scope is in line with SOW and escalate project issues to the Client project sponsor. • Execute the change in scope process if needed to document changes from original scope and identify changes in risk, timeline, and cost. • Coordinate resource scheduling to targeted assignments and timeframes. • Host project update meetings based on an agreed frequency with Client and STEPcG assigned project manager, and technical resources as needed. • Provide as -built diagrams and documentation — digital and hardcopy. COST and INVOICING The total fixed price cost for the scope as documented in this SOW is $9,685.00. Any scope and/or schedule changes, will be documented and pre -approved using the Change Request process, and those changes could incur additional costs. ,noit y,/ rON,.f''" c (. F"I'd diI'If `:,Uitu 1)00 "t"lo1 J q con c)vingl:on' K e[1U '[(' fir y 41M I P6db`665) if"943 S T AAMMW 111,, P(11111�:,11.11 AffAmmmi �° Milestone 1: Completion of Planning and Design v,1hew�nrrm:v r;on Milestone 2: Completion of Installation and Lx(vaion Milestone / Deliverable Invoice Milestone 1: Completion of Planning and Design $0.00 Milestone 2: Completion of Installation and $0.00 Configuration Milestone 3: Completion of Knowledge $0.00 Transfer and Acceptance TOTAL $9,685.00 Payment terms are net 30 days from the date of invoice. Overdue payments shall be subject to interest at the rate of one percent (1 %) per month. Fees are exclusive of sales and use taxes, VAT and all other taxes, except taxes imposed on STEPcG's income. RISK TO PROJECT ESTIMATES It is understood that STEPCG and the Client have established this SOW using best effort to document engagement scope, responsibilities, and assumptions. In the event the engagement encounters Unforeseen items, Schedule delays, lack of readiness (facility, network, staffing, etc), or Scope changes, the Change request process will be initiated and could impact the project timeline and incur additional cost. TERMS AND CONDITIONS This SOW may not be terminated for convenience or for any reason other than If a party breaches the SOW and fails to cure the breach within 30 days of receipt of written notice from the non - breaching party. This Section entitled "Terms and Conditions" shall survive termination of the SOW. This SOW may be amended only upon mutual written agreement of the parties. Client may not assign this Contract without the prior written consent of STEPCG. IN NO EVENT SHALL STEPCG BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, EVEN IF STEPCG IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR IS NEGLIGENT. STEPCG'S TOTAL LIABILITY UNDER OR IN RELATION TO THIS SOW, REGARDLESS OF THE BASIS OF THE CLAIM, SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO STEPCG IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM. STEPCG MAKES NO, AND DISCLAIMS ALL, EXPRESS AND IMPLIED WARRANTIES IN RELATION TO OR UNDER THIS CONTRACT. STEPCG shall not be liable for any delays or failure to perform caused by events beyond the reasonable control of STEPCG. ,noit)� ,/ f(AN,"''" r.,�(fi( (. F"I'd dirIg f 900 "Alo1 s" q COD c)vingl:on,Ke W P6db`66&)df"943 S T AAMMW 111,, P(11111�,,,11.11 AffAmMME �° v,1hew nr,r)w(ion Lx(vaion The parties' confidentiality obligations under or in relation to this SOW shall be governed by the NonDisclosure Agreement ("NDA") entered into by the parties. Absent an NDA, each party agrees to maintain the confidentiality of the other party's confidential information, not disclose such information to third parties, and use the information solely for purposes of performing this SOW. Each party shall retain all rights, title, interest and ownership of each pre-existing intellectual property and all modifications, updates, upgrades, enhancements and derivatives thereof ("Pre- existing IP"). STEPcG shall retain ownership of all deliverables created and provided by STEPcG under this SOW, provided that STEPcG hereby grants to Client a perpetual right and license to use (i) such deliverables for Client's internal business purposes and (ii) any STEPcG Pre-existing IP contained in the deliverables for the purpose of utilizing the deliverables. AUTHORIZED SIGNATURE The Client contact shown below, acting with proper authority, has executed this SOW as an authorized representative of Client. Such representative's signature also certifies authorization to invoice the Project Initiation milestone and commence the services, acknowledges a good understanding of the Scope as documented in this SOW, and reflects that a purchase order is not a pre -requisite for STEPcG to commence services or invoice Client. For STEPcG, LLC: Signature: Printed Name: Title: Date: For Client: Signature Printed Name Title Date ,noit y,/ rOA/,.f''" c (. F"I'd dirIf `(, it u1)00 v"lo1w1i q con c)vingl:on, K e[1U ,[(, fir y 41M I F 66db`66T)df"943 �,C) P�V(-,i C:oin(or i J, S 6COO v.h,jnoit yv rC, A/, "r, c(. F"I'd di I' I I `:,Uit u 1)00"t"lo1w q con I Ke[lU,[(' ky 41M I F'604`66&)df'943 AAMMW AffAmmmmww P(11111�,,,11.11 V,/hew lnrjov,:�(ioll Lx(vaion �,C) P�V(-,i C:oin(or i J, S 6COO v.h,jnoit yv rC, A/, "r, c(. F"I'd di I' I I `:,Uit u 1)00"t"lo1w q con I Ke[lU,[(' ky 41M I F'604`66&)df'943 Contract: 43220000-NASPO-I9-ACS Y�:t.bcro V4✓V4✓V4✓.d; IC r.IC f C11 II d; �.C11C �11k rIIIC (.'aerr C1 .b(.''Ir �tIIo a atn�t(."' .blklri:: "Y � rIIIC :v rt ��:(.'' i-oiC"Itlrn: cts n:�Ind;� a I (.''C:°ICl-re i................................................................................................Y......................................................................./......................................................................IC.........:............................................./...................................................................................................i..............................:.................................................................................................................9..!......................................... �: n E.L�.gte i:`d�lntlrn: ct s.o.glri-.e data i::C11C1i�ICli�u II i:: ��:IIC11Cis .bl C1 �lki::�: n SIC � °n(.''!E lli::(.'aen2 i::C11C � .b (.''�:(.'' i::C11C �:I �i::�: .b �l ......................:................................:............................................................................................................:./................................................................................................................................................... i................................................................................................................................................... /............................I C.............:............:.....................................................................I C................. Ili::ll .bn:�!:IIIC d; (.''IC d; i::C11C .b (.''�:(.'' i.':oir�ltlrn: ct (. xtl (.''ICli�e Ir"IetV4✓ork a IIIc C............................9......................................:......................../............................i.............:...........:................................................................................................................................................................................................................... A Participating Addendum (PA) is generally used by a state Chief Procurement Official (CPO) to establish a state contract tied to a specific NASPO ValuePoint master agreement. The PA identifies unique terms and conditions specific to a state and identifies state agencies and other eligible entities in the state that are authorized to participate in the agreement. Extreme Networks Contract documentation https5 //WWW.naspovaluepoint.or/por'tfolio/tents-corrnrri unications-20 9-2026/eXti"'error-netwoi,,I<s/ Master Contract — Extreme Networks • NASPO-Master-AR3230-ExtremeNtwk.pdf FL Participating Addendum for Extreme Networks • NASPO-FL-PA-ExtremeNtwk.pdf Complete Extreme Price list (NASPO Valuepoint) can be found here: ............................................................I......c.0 ..I....�....u....r.......i.....c.irt..I"..• .i�.....�.r.fli�rt�crrrr�nictions019-2026 �Xtrerre-network ......................g. .................................................................................................................................................................................................................................................................................................... Contract: SYNNEX NCPA 01-97 Advanced Technology Solutions Aggregator Contract with T&C • StepCG_NCPA_SNX-01-97.docx StepCG as Authorized Reseller • StepCG_NCPA-01-97-Authorized-Reseller.xlsx Pricing • Line 32 of Ste pCG—NCPA-SYNNEX-Services.xlsx shows Network Design and Management Quotes per ftern Contract Pricing Part Nu tattrprice to,duct liptaors ExtremeSwitching 5420F 48 10/100/1000BASET FDX/HDX PoE+ 2 stacking/SFP-DD 4 10G unpopulated SFP+ MACsec capable internal fixed PSU fans 1 unpopulated modular PSU slots. 5420F-48P-4XE $8,295.00 38% $5,142.90 Includes 1 year XIQ Pilot cloud subscription. 97004-5420F-48P-4XE $363.00 12% $319.44 EW NBD AHR 5420F-48P-4XE Page 669 of 943 XN-ACPWR-920W $1,215.00 38% $753.30 920W AC PoE PSU supported on PoE models of 5420 switches 10099 $29.00 38% $17.98 Power Cord, 15A, USA, NEMA 5-15, IEC320-C15 IA -ES -1K $7,995.00 38% $4,956.90 NAC ENTERPRISE LICENSE FOR 11K ES 97003-520098 $1,515.00 6% $1,424.10 EW Software Subscription Network Configuration Services $9,685.00 NCPA rate @$250/hour Page 670 of 943 1" Consent Agenda 6/15/2021 Requested Action by Commission: Proposed Resolution No. R21-057 - Authorize the City Manager to sign a Federal Financial Assistance Subrecipient Agreement with the Florida Department of Agriculture and Consumer Services (FDACS) for the 2020 Managing Community Forests Grant Program for a reimbursement amount of up to $25,000. Explanation of Request: Grant Agreement Period: Upon Execution until February 28, 2022 Section 589.28, Florida Statutes, authorizes the Florida Department of Agriculture and Consumer Services (FDACS) to cooperate with local governments to promote the planting and protection of trees to improve the beauty and livability of urban environments. The Urban and Community Forestry grant funds provided through the United States Department of Agriculture (USDA) Forest Service are administered in each of the fifty states through the office of the state forester. The 2020 Managing Community Forests grant is intended to help local governments start or develop urban forestry programs by establishing a clear path to creating an effective management program. As grant recipient, the City of Boynton Beach will receive three contracts, totaling up to $55,000, over a three-year period as follows: 2021-22: Tree Inventory (up to $25,000) 2022-23: Urban Forestry Master Plan (up to $15,000) 2023-24: Tree Planting Project (up to $15,000) $25,000 for a Tree Inventory in FY21/22 will be made available through a cost reimbursement grant, which will require execution of the attached Federal Financial Assistance Subrecipient Agreement with FDACS. How will this affect city programs or services? The City of Boynton Beach completed its first Urban Tree Canopy Assessment in July 2020, documenting a citywide canopy coverage of 16.1%. On September 1, 2020 the City Commission adopted a citywide tree planting goal of 3,000 trees per year to achieve 20% tree canopy coverage by 2035 (R20-091). The Managing Community Forests grant program will provide a three-year path to help the City develop a realistic strategy to achieve the canopy goal and ensure that our investments yield the expected results. In FY 21/22, the City will hire an urban forestry firm to inventory trees throughout City -owned parks, other City properties, and rights-of-way. The inventory will entail collecting data on (at minimum) tree location, species, diameter at breast height, condition, and need for maintenance. These data will be provided to the City and summarized in a final report by a professional arborist. The inventory will support the development of an Urban Forestry Management Plan, under a separate grant contract, in year 2. Specifically, it will allow the City to set objectives for tree planting to increase diversity of the urban forest; address potential hazards; and prepare work plans and budgets for removal, planting, and pruning. Additional detail is provided as Attachment A of the Grant Contract. Fiscal Impact: Budgeted The estimated cost of the Tree I nventory project is $50,000. $25,000 will be Page 671 of 943 coming from this grant agreement and a $25,000 match has been budgeted as other contractual services in account number 001-2730-572.49-17. Alternatives: Not to proceed with the attached Contract with FDACS and forfeit the Grant funds. Strategic Plan: Redevelop Downtown, Building Wealth in the Community, Boynton Beach Branding, Transportation and Mobility Strategic Plan Application: By enhancing the City's tree canopy, this project will enhance property values and economic development across the City, contribute to more walkable neighborhoods, and help to brand Boynton Beach as a sustainable community. Climate Action Application: 2020 Climate Action Plan Strategy C-1.5 Urban Forestry. Is this a grant? Yes Grant Amount: $25,000 Attachments: Type D I E)S()lLAti0111 D Cay intra ct Description I E)SOkAtioin approviir:g L.ailbir'E)Cil liEsIlnt gi a int grE)E)rT1Es1r:t for I a ina giir:g CoirnirTILAir:Ry Il:::::orE)StS (3)itairnI IPitogitarn 1:::::DACS (3)ira int Cay intra ct No, 2766 a ina giir:g CoirnirTILAir:Ry Il:::::orE)StS (.,)ira intA araiird II.....E)ttE)ir Page 672 of 943 I RESOLUTION NO. R21- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 AUTHORIZE THE CITY MANAGER TO SIGN A FEDERAL FINANCIAL 4 ASSISTANCE SUBRECIPIENT AGREEMENT WITH THE FLORIDA 5 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES 6 (FDACS) FOR THE 2020 MANAGING COMMUNITY FORESTS GRANT 7 PROGRAM FOR A REIMBURSEMENT AMOUNT OF UP TO $25,000; 8 AND PROVIDING AN EFFECTIVE DATE. 1 10 WHEREAS, Section 589.28, Florida Statutes, authorizes the Florida Department of 11 Agriculture and Consumer Services (FDACS) to cooperate with local governments to promote the 12 planting and protection of trees to improve the beauty and livability of urban environments; and 13 WHEREAS, The 2020 Managing Community Forests grant is intended to help local 14 governments start or develop urban forestry programs by establishing a clear path to creating an 15 effective management program; and 16 WHEREAS, as grant recipient, the City of Boynton Beach will receive three contracts, 17 totaling up to $55,000, over a three-year period as follows: 2021-22: Tree Inventory (up to 18 $25,000), 2022-23: Urban Forestry Master Plan (up to $15,000), 2023-24: Tree Planting Project 19 (up to $15,000); and 20 WHEREAS, the $25,000 for a Tree Inventory in FY21/22 will be made available through 21 a cost reimbursement grant, which will require execution of the attached Federal Financial 22 Assistance Subrecipient Agreement with FDACS; and 23 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 24 recommendation of staff, deems it to be in the best interests of the City residents to approve and 25 authorize the City Manager to sign a Federal Financial Assistance Subrecipient Agreement with 26 the Florida Department of Agriculture and Consumer Services (FDACS) for the 2020 Managing 27 Community Forests Grant Program for a reimbursement amount of up to $25,000. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 29 CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreements\Subrecipient Agreement With The FDACS For Managing Community Forests Grant Program - Reso.Docx Page 673 of 943 30 Section 1. Each Whereas clause set forth above is true and correct and incorporated 31 herein by this reference. 32 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 33 approve and authorize the City Manager to sign a Federal Financial Assistance Subrecipient 34 Agreement with the Florida Department of Agriculture and Consumer Services (FDACS) for the 35 2020 Managing Community Forests Grant Program for a reimbursement amount of up to $25,000. 36 A copy of the Subrecipient Agreement is attached hereto as Exhibit "A". 37 Section 3. That this Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this 15th day of June, 2021. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE YES NO S:ACA\RESO\Agreements\Subrecipient Agreement With The FDACS For Managing Community Forests Grant Program - Reso.Docx Page 674 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 1 IN&ME "S 'Am A27660 Florida Department of r ' and Consumer Services Division of Administration FEDERAL FINANCIAL ASSISTANCE 101 SLIBRECIPIENT AGREEMENT NICOLE "NIKKI" FRIED COMMISSIONER This Federal Financial Assistance Subrecipient Agreement ("AGREEMENT") made and entered into this ___ day of 1 20 by and between the FLORIDA DEPARTMENT OF AGRICULTURE, AND CONSUMER SERVICES, ("RECIPIENT"), and the City of Boynton Beach, ("SUBRECIPIENT"). The SUBRECIPIENT shall perform the Scope of Work as outlined in Attachment A, hereby incorporated and attached hereto. The Department of Management Services' designated United Nations Standard Products and Services Code (UNSPSC) is 70151500. A. SUBAWARD AMOUNT This contract is a three-year program and the Subrecipient will receive a one-year contract for each project once the previous project has been completed in full. The total award amount for satisfactorily completing the first year Scope of Work is $25,000.00. This Scope of Work is for the development of a local tree inventory/hazardous tree inventory on non-federal.. public properties (includes parks, rights-of-way and preserves). The total award amount for satisfactorily completing the second year Scope of Work is $15,000.00. This Scope of Work is for creating a management plan to guide the management of urban trees on non-federal properties. Management planning must include tree care ordinance review or suggested language for a new ordinance. Plans must also utilize the information from the first-year tree inventory, priority planting areas, canopy goals and metric on how to measure progress. The total award amount for satisfactorily completing the third year is $15,000.00. This Scope of Work is for tree planting. The planting project must relate to a goal and priority area set forth in the second -year management plan. An ISA Certified Arborist must oversee the installation of the trees and a three-year maintenance plan is required prior to planting. Funds may only be used for purchase and planting of trees/palms. Purchase and planting of shrubs and ground covers (not sod) in conjunction with the tree planting may only serve as a matching cost and cannot be FDACS-02017 6/16 Page 1 of 21 Page 675 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 reimbursed. A sixty-day "grow -in period" is required prior to Certification. The total award amount for all three years is $55,000.00 with a 1:1 match required (refer to section F - MATCHING OR COST SHARE). In no event shall the RECIPIENT be liable for payment of any amount, which exceeds the total award amount. This AGREEMENT represents the first year of the three-year project and the total award amount for this AGREEMENT is $25,000.,00. B. EFFECTIVE DATEITERM 1. The effective date of this AGREEMENT shall commence upon execution and, unless sooner terminated or canceled, shall end on the 28th day of February of 2022 ("Term"). 2. No -cost extensions require the prior written approval of the RECIPIENT and must be submitted not less than sixty (60) days prior to the end of the Term. Extension requests, which exceed the federal agency award period, will riot be granted. C. UNIVERSAL IDENTIFIER AND SYSTEM OF AWARD MANAGEMENT 1. The SUBRECIPIENT shall comply with 2 CFR, Part 25, "Financial Assistance Use of Universal Identifier and System of Award Management" (SAM). The SUBRECIPIENT must register and maintain a registration in SAM until submittal of the final financial report. A data universal numbering system (DUNS) number is required for registration in SAM. 2. Compliance with 2 CFR, Part 25 is not required for individuals. D. FINANCIAL AND PROGRAM MANAGEMENT 1. Statutory and National Policy Requirements a. All expenditures of federal financial assistance under the AGREEMENT shall be in compliance with all applicable laws, rules and regulations applicable to expenditures of federal funds. b. The SUBRECTPTENT Shall implement applicable National Policy Requirements. 2. Deliverables a. The SUBRECIPIENT must provide quantifiable, measurable and verifiable units of Deliverables (Deliverables) which must FDACS-02017 6/16 Page 2 of 21 Page 676 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 be received and accepted in writing by the RECIPTENT before payment. Deliverables must be directly related to the Scope of Work; specify minimum levels of service to be performed; and contain criteria for evaluating the successful completion of each Deliverable. The Deliverables are set forth in the Scope of Work outlined in Attachment A. 3. Financial Management a. The SUBRECIPIENT shall maintain an accounting system and a set of accounting records, which allow for the identification of revenues and expenditures related to this AGREEMENT. b. The SUBRECIPIENT shall comply with 2 CFR, Part 200 and adhere to the accounting principles and procedures required therein, use adequate internal controls and maintain necessary source documentation for all costs incurred. 4. Reimbursement Requests a. The allowability of costs shall be in accordance with the federal financial assistance cost principles applicable to the SUBRECIPIENT and terms of this AGREEMENT. b. The SUBRECIPIENT shall submit the payment request packet to the RECIPIENT's grant manager not more often than month.1y, but not less often than quarterly. To be eligible for reimbursement, costs shall be allowable, necessary and reasonable, and must be submitted by budget category consistent with the budget plan, Attachment B, hereby incorporated and attached hereto. c. All reimbursement requests must be submitted using the RECIPIENT's standard payment request packet and provide supporting documentation for each cost. An authorized SUBRECIPIENT representative shall sign the certifications on the, payment request packet submitted. d. The payment request packet is downloadable from httl2: //forms. FDACS. g2/0221Lpdf . e. A SUBRECTPTENT whose federal financial assistance grant provides an online reimbursement system for reporting reimbursement details shall use the online reimbursement system instead of the payment request packet. f. Bills for any authorized travel expenses shall be submitted FDACS-02017 6/16 Page 3 of 21 Page 677 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 and paid in accordance with the rates specified in Section 1.12.061, Florida Statutes, governing payments by the State for travel expenses. Any travel expenses must be specified in the Budget Plan and Scope of Work. g. 'Travel and per them costs are not allowable under this contract. h. No advance payments are allowed. 5. Payment of Reimbursement Requests a. Payment-, for allowable, necessary and reasonable costs shall be, made within thirty (30) days after acceptance by the RECIPIENT. Payment request packets returned to the SUBRECIPIENT due to omissions or preparation errors will result in a payment delay. b. Payment requests for a percentage of work completed on each task deliverable are allowed. C. Payment is contingent upon the availability of funding from the federal, agency and SUBRE,CIPIENT'S compliance with the terms and conditions of this AGREEMENT. d. The final payment under this AGREEMENT shall be made upon completion of the Scope of Work including all deliverables and the receipt and approval of all reports required hereunder. FDACS-02017 6/16 Page 4 of 21 (1) Reimbursement Request Form with required backup documentation. (2) Final report - brief paragraph on letterhead summarizing what was accomplished with the grant funding. (3) Copy of a news release that will be submitted to a local publication crediting the U.S. Forest Service for providing funding. (4) Copy of Congressional thank you letter - Thank you letter addressed to your federal congressional representatives for the grant funding. Include a brief description of what you were able to accomplish with the funding. (5) Certification of Acceptance executed by a Florida Forest Service official.. Page 678 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 The SUBRECIPIENT must submit the final claim for reimbursement to the RECEIPIENT on or before 30 days from the end of the term of the contract. e. Disallowance or adjustments due to audit findings may require the SUBRECIPIENT to return funds to the RECIPIENT. The SUBRECIPIENT is solely responsible for reimbursing the RECIPIENT for amounts incorrectly paid to the SUBRECIPIENT. 6. Program Income a. "Program income includes but is not limited to income from fees for services performed, the use or rental. of real or personal property acquired under federal awards, the sale of commodities or items fabricated under a federal award, license fees and royalties on patents and copyrights, and principal and interest on loans made with federal award funds". 2 CFR, 200.80 b. The SUBRECIPIENT must report to the RECIPIENT any program income received or anticipated from the activities performed under this AGREEMENT. 7. Revision of Budget Plan a. The Budget Plan (Attachment B) lists costs and budget categories to fund the SUBRECIPIENTIS performance of the Scope of Work including the completion of Deliverables. b. SUBRECIPIENT is required to report any transfers from one approved budget category to another approved budget category. If the cumulative budget transfers meet or exceed ten percent (1.0%), prior approval, evidenced by contract amendment, is required. C. Prior approval, evidenced by contract amendment, is required for: FDACS-02017 6/16 Page 5 of 21 (1) any transfers from an approved budget category to an unapproved budget category. An unapproved budget category is defined as having no funds allocated in the original Budget Plan. (2) any equipment purchases not noted in the original Budget Plan and/or Scope of Work. (3) any subawarding or contracting out of any work not noted in the original Budget Plan and/or Scope of Work., Page 679 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 8. Revision of Scope of Work a. The SUBRECIPIENT shall report any changes to the Scope of Work including but not limited to changes in the objectives, changes in key personnel, reduction of work effort by key personnel and delays in completion of the work. 9. Acknowledgements a. The SUBRECIPIENT shall have an acknowledgement of the USDA Forest Service's support placed on any publication written or published or audiovisual produced with grant support and, if feasible, on any publication reporting the results ,of, or describing, a grant -supported activity, or audiovisuals produced with grant support. This requirement does not apply to audiovisuals produced as research instruments or for documenting experimentations or findings and not intended for presentation or distribution to the public. Minimum verbiage requirement is as follows: "This publication made possible through a grant from the USDA Forest Service in cooperation with the Florida Forest Service.,. b. Publication means a published book, periodical, pamphlet, brochure, flier, or similar item. C. Audiovisual means a product containing visual imagery or sound or both. d. The SUBRECIPIENT acknowledgement must contain a disclaimer that says: "Any opinions, findings, conclusions, or recommendations expressed in this publication or audiovisual. are those of the author(s) and do not necessarily reflect the view of the USDA Forest Service". e. Language shall read: The work upon which this (insert publication or audiovisual or both) is based was funded, in whole or in part through a subrecipient grant awarded by the USDA Forest Service through the Florida Department of Agriculture and Consumer Services. The contents do not necessarily reflect the views or policies of the USDA Forest Service nor does mention of trade names, commercial productions, services or organization imply endorsement by the U.S. Government. E. PROPERTY STANDARDS 1. Equipment and Real Property FDACS-02017 6/16 Page 6 of 21 Page 680 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 a. Equipment must be used in the project for which the federal funds are derived. b. The federal agency has a vested interest in equipment and/or real property which, when purchased, exceeds $5,000 in value. If a title is issued for the equipment and/or real property, the federal agency must be listed on the title. c. The SUBRECIPIENT must maintain property records, which include, but are not limited to, the description, serial number or other identification number, acquisition date, cost, location, percentage of federal participation in the cost of the property, use and condition of the, property. When the property is disposed of, the property records must be updated with the date of disposal. and sale price of the property. d. A physical inventory is required at least once every two years. e. If the equipment and/or real property are to be sold or used as a trade-in, approval of the RECIPIENT is required. f. At the end of the award period, the SUBRECIPIENT is required to request from the RECIPIENT' disposal instructions and is required to notify the RECIPIENT of the fair market value of the equipment and/or real.. property. 2. Insurance Coverage a. The SUBRECIPIENT will carry sufficient insurance coverage to protect all. assets required under the AGREEMENT from loss due to theft, fraud and/or undue physical damage. SUBRECIPIENT shall carry insurance on its own assets in commercially reasonable amounts and all statutorily required insurance, including without limitation workers' Compensation insurance. S. intellectual Property a. Anything by whatsoever designation it may be known, that is produced by, or developed in connection with this AGREEMENT shall become the exclusive property of the RECIPIENT and may be copyrighted, patented or otherwise restricted as provided by Florida or federal law. Neither the SUBRECIPIENT nor any individual employed under this AGREEMENT shall have any proprietary interest in such property. FDACS-0201 7 6/16 Page 7 of 21 Page 681 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 b. With respect to each Deliverable that constitutes a work of authorship within the subject matter and scope of U.S. Copyright Law, 17 U.S.C. Sections 102-105, such work shall be a "work for hire" as defined in 17 U.S.C. Section 101 and all copyrights subsisting in such work for hire shall be owned exclusively by the RECIPIENT. C. In the event it is determined as a matter of law that any such work is riot a "work for hire," SUBRECIPIENT shall immediately assign to the RECIPIENT all copyrights subsisting therein for the consideration set forth in the AGREEMENT and with no additional compensation. d. The foregoing shall not apply to any preexisting software, or other work of authorship used by SUBRECIPIENT to create a Deliverable but which exists as work independent of the Deliverable, unless the preexisting software or work was developed by SUBRECIPIENT pursuant to a previous AGREEMENT with the RECIPIENT or by a purchase by the RECIPIENT under a state term contract. F. MATCHING OR COST SHARE, (IF' APPLICABLE) 1. The matching or cost share portion must be tracked using a unique identifier in the SUBRECIPIENT accounting system., 2. If the matching or cost share portion is not met, the RECIPIENT may disallow costs paid with federal funds in proportion to the reduction in the matching or cost share amount. 3. The matching or cost share portion must be incurred in direct proportion to the amount of federal funds used. 4. The matching or cost share portion must be reported based upon the Budget Plan submitted with the APPLICATION. 5. Records, for in-kind contributions, which are based upon volunteer hours, must have timesheets or a sign in/sign out log and must explicitly state the method for valuation of the hours. The value must be, reasonable. 6. Records for in-kind contributions, which are based upon goods or services provided, must have an invoice, if available, or must explicitly state the method for the valuation. The value must be reasonable. 7. In-kind contributions must be provided by a third party during the period for which they are being claimed. FDACS-02017 6/16 Page 8 of 21 Page 682 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 8. The matching or cost share portion must not be counted towards other cost sharing requirements. Neither costs nor values of third -party in-kind contributions may count if they have been used towards other cost sharing requirements. G. GENERAL PROCUREMENT STANDARDS 1. The SUBRECIPIENT will follow the same policies and procedures it uses for procurements from other funding sources. 2. The SUBRECIPIENT must have documented procurement procedures. 3. The SUBRECIPIENT must have written policies on standards of conduct covering conflicts of interest. No employee, officer, or agency may participate in the selection, award or administration of a contract supported by federal funds if he or she has a real or apparent conflict of interest. H. PERFORMANCE MONTTORTNG AND REPORTING 1. The SUBRECIPIENT shall submit detailed quarterly reports using the format and content shown on the RECIPIENT's performance progress report. The performance progress report is downloadable from http://forms.FDAC�_.�ov/02�018,�df�- 2. In the event the AGREEMENT is terminated, the SUBRECIPIENT shall furnish a report detailing progress made under this AGREEMENT through the date of termination within twenty (20) days of termination. 3. The SUBRECIPIENT shall cooperate in all on-site reviews from the RECIPIENT, its authorized representatives or federal government personnel.. 4. The review personnel will be given full and complete access during normal business hours to all information related to the performance of this AGREEMENT to ensure compliance with project-, activities and statutes, regulations and rules. 5. The RECIPIENT will give 48 hours of notice of any on site review. 6. The SUBRECIPIENT shall make available all personnel. involved in the performance of work on this AGREEMENT. 7. Failure to correct substandard performance within thirty (30) days after written notice from the RECIPIENT shall.. result in suspension and/or termination of the AGREEMENT. FDACS-02017 6/16 Page 9 of 21 Page 683 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 I. RECORD RETENTION AND ACCESS 1. Retention Requirements for Records a. Upon reasonable notice, the RECIPIENT shall have access to the SUBRECIPTENT'S records during normal business hours. b. The SUBRECIPTENT shall maintain all records pertinent to the activities to be funded under this AGREEMENT' for a period of five (5) years after final payment is received and for such additional period as may be required until all claims, litigation and appeals pertaining or related to the AGREEMENT have been completely resolved. 2. Public Access to Records a. The SUBRECIPIE,NT shall comply with all applicable requirements of Chapter 119, Florida Statutes. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1191, FLORIDA STATUTES, TO THE SUBRECIPIENTSIS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: OFFICE OF GENERAL COUNSEL 407 SOUTH CwUN STREET, SUITE 520 TALLAHASSEE, FL 32399 PHONE: (85iO) 245-1000 EMAIL: PRCUSTODIAN@FDACS.GOV J. REMEDIES FOR NONCOMPLIANCE 1. Prior to the exercise of any remedy provided for herein, the RECIPIENT shall provide thirty (30) calendar days written notice of default and shall provide the SUBRFCIPIENT the opportunity to, cure such failure or default within said thirty (30) day period. Upon the failure or inability to cure, the RECIPIENT' shall. have all rights and remedies provided at law or in equity, including without limitation the following: a. Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPTENT. b. Disallow all or part of the cost of the services not in compliance. C. Wholly or partly suspend or terminate this AGREEMENT'. 2. Termination FIDACS-02017 6/16 Page 10 of 21 Page 684 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 a. The RECIPIENT may suspend or terminate this AGREEMENT if the SUBRECIPIENT: (1) Fails to comply with any applicable rules, regulations or provisions referred to herein, or any other applicable state or federal statutes, rules, regulations, executive orders, federal guidelines, policies or directives; (2) Fails, to timely fulfill its obligations under the AGREEMENT; (3) Improperly or illegally uses funds provided under this AGREEMENT; or (4) Submits reports that are incorrect in any material respect. b. This AGREEMENT may be terminated for convenience by either party upon giving not less than thirty (30) days advance written notice to the other party. SUBRECIPIENT shall be paid for all work satisfactorily performed prior to the date of termination provided SUBRECIPIENT has otherwise complied with the terms of this AGREEMENT, including the submission of all reports. 3, Financial Consequences a. If final paperwork is, not submitted within 45 days of completion of the project, payment to the SUBREICIPIENT will. NOT be made. b. Financial penalties for not completing Deliverables will be calculated by dividing the total award amount by the number of Deliverables unless otherwise noted in the Scope of Work. The financial penalty for missing Deliverables will be applied to the final payment. K. CLOSE OUT 1. Notwithstanding the termination or expiration of this AGREEMENT, the SUBRECIPIENT' S obligations to the RECIPIENT shall survive until all close out requirements are completed. Close out activities shall include but are not limited to: completing and submitting final reports, properly disposing of property, accounting for unspent cash advances and program income and transferring custodianship of records to RECIPIENT or its designee. FDACS-02017 6/16 Page 11 of 21 Page 685 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 2. Post -close Out Adjustments Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the AGREEMENT must be refunded to the RECIPIENT within thirty (30) days after demand therefore by RECIPIENT. L. AUDIT REQUIREMENTS 1. Audit Provisions a. If the SUBRECIPIENT is a state or local government or a nonprofit organization, the audit provisions as defined in 2 CFR, Part 200 Subpart F are applicable. b. If the SUBRECIPIENT is a commercial organization (For - Profit), the organization will provide the RECIPIENT with its annual. audited financial statement or the annual.. tax return provided to the Internal Revenue Service. c. Audit provisions are not required for a SUBRECIPIENT who is an individual. d. In the event that the SUBRECIPTENT expends $750,000 or more in federal awards in its fiscal year, the SUBRECIPIENT must have a single or program -specific audit conducted in accordance with the 2 CFR, Part 200 Subpart F. e. If the SUBRECIPIENT expends less than $750,000 in federal awards in its fiscal. year, an audit conducted in accordance with the provisions of 2 CFR, Part 200 Subpart F is not required. Records must be available for audit or review if necessary. f. If the SUBRECIPIENT expends less than $750,000 in federal awards in its fiscal.. year and elects to have an audit conducted, the cost of the audit must be paid from non- federal resources. 2. Basis for Determining Federal Awards Expended a. In determining the federal awards expended in its fiscal. year, the SUBRECIPIENT shall consider all sources of federal awards, including federal resources received from the RECIPIENT". b. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR, Part 200 Subpart F. FDACS-02017 6/16 Page 12 of 21 Page 686 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 3. Relation to Other Audit Requirements a. If the SUBRECIPIENT has an audit conducted in relationship to any other federal regulation or statute, the RECIPIENT may determine upon review if the audit reports meet the needs of the RECIPIENT. If so, an additional- audit will not be required. b. An audit of the SUBRECIPIENT conducted by the Auditor General in accordance with provisions of 2 CFR, Part 200 Subpart F will meet these requirements. C. These provisions do not limit the authority of the federal agency, Inspector General, General Accounting Office (GAO) or RECIPIENT to conduct or arrange for the conduct of audits or evaluations of federal financial assistance awards. 4. Frequency of Audits a. Audits shall be performed annually to meet this requirement. 5. Sanctions a. If the SUBRECIPIENT is, unwilling or has a continued inability to have an audit conducted, the provisions for noncompliance will be enforced. 6. Subrecipient Responsibilities a. The SUBRECIPIENT shall arrange for the audit to be conducted in a time.1y manner and submitted as required in 2 CFR, 200.512. b. The SUBRECIPIENT shall prepare the financial statements in accordance with 2 CFR, 200.510. C. The SUBRECIPIENT shall- promptly follow up and take corrective action on audit findings. d. The SUBRECIPIENT will provide the auditor with access to records, personnel., documentation and other information as needed by the auditor. 7. Audit Findings Follow-up a. At the completion of the audit, the SUBRECIPIENT must prepare, in a document separate from the auditor's findings FDACS-02017 6/16 Page 13 of 21 Page 687 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 a corrective action plan to address each audit finding included in the current year auditor's reports. b. The corrective action plan must provide the name(s) of the contact person(s) responsible for corrective action, the corrective action planned and the anticipated completion date. c. If the SUBRECIPIENT does not agree with the audit findings or believes corrective action is not required, then the corrective action plan must include an explanation and specific reasons. d. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within thirty (30) days after receipt by the SUBRECIPIENT. e. Failure of the SUBRECIPIENT to comply with the above requirement will.. constitute a violation of this AGREEMENT and may result in the withholding of future payments, 8. Report Submission a. The audit must be completed, and the data collection form and reporting package must be submitted within the earlier of thirty (30) calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. If the due date falls on a Saturday, Sunday, or Federal holiday, the reporting package is clue the next business day. b. The SUBRECIPIE,NT must submit required data elements described in Appendix X to 2 CFR, Part 200 - Data Collection Form (SF -SAC), which states whether the audit was completed in accordance with this part and provide information about the SUBRECIPIENT, its federal programs and the results of the audit. c. A senior representative of the SUBRECIPIENT must sign a statement to be included as part of the data collection that the SUBRECIPIENT has complied with the audit requirements, the data was prepared in accordance with 2 CFR, 200.51.2, the reporting package does not include protected personally identifiable information, the information is accurate and complete, and the reporting package and form will be publicly available on the web. d. The SUBRECIPIENT shall also submit to the RECIPIENT's Grant Manager one copy of the audit report, reporting package, FDACS-02017 6116 Page 14 of 21 Page 688 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 any management letter issued by the auditor and data collection form described in Appendix X to 2 CFR, Part 200. e. The SUBRECIPIENT is required to use the internet submission form on the Federal Audit Clearinghouse (FAC) website. The FAC website is located at http://harvester.census.gov/fac/. f. The SUBRECIPIENT shall ensure that audit working papers are made available to the RECIPIENT, or its designee, Chief Financial Officer or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the RECIPIENT. M. GENERAL CONDITIONS 1. Nothing contained in the AGREEMENT is construed in any manner, as creating o relationship of principal and agent or between the parties. The SUBRECIPIENT an independent contractor with respect performed under the AGREEMENT. intended to, or will be r establishing the employer and employee will at all times remain to the services to be 2. Any changes to the AGREEMENT require the written approval of each party's authorized official. 3. The RECIPIENT shall have the right of unilateral cancellation for refusal.. by the SUBRECIPIENT to allow public access to all documents, papers, letters or other material made or received by the SUBRECIP,IENT in conjunction with the AGREEMENT, unless the records are confidential or exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Fl.orida Statutes. 4. The SUBRECIPIENT is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a SUBRECIPIENT, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 5. The CONTRACTOR shall not discriminate, on the basis of race, sex, religion, color, national origin age or disability and FDACS-02017 6/16 Page 116 of 21 Page 689 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 shall comply with all applicable state and federal laws and regulations related thereto, including without limitation, the Americans with Disabilities Act (42 USC 12101 et. Seq.); Section 504 of the Rehabilitation Act of 1973 (29 USC 795); and the Age Discrimination Act of 1975 (42 USC 6101-6107. 6. The SUBRECIPIENT is informed that the employment of unauthorized aliens by any SUBRECIPIENT is considered a violation of Section 274A (e) of the Immigration and Nationality Act. If the SUBRECIPIENT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the AGREEMENT. 7. The SUBRECIPIENT is informed that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a SUBRECIPIENT, supplier, subcontractor, or consultant under contract with any public entity and may not transact business with any public entity. 8. This AGREEMENT is contingent upon the availability of funding from the federal agency. The AGREEMENT may be terminated if funding from the federal agency is reduced or terminated. 9. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. 10. Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this AGREEMENT and applicable Federal, State or County guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, the SUBRECIPIENT must submit such subcontracts to the RECIPIENT for its review and approval, 11. The SUBRECTPIENT will, to the extent permitted by law, hold harmless, defend and indemnify the RECIPIENT from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the SUBRECIPIENT"s performance or nonperformance FDACS-02017 6/16 Page 16 of 21 Page 690 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 of the services or subject matter called for in this AGREEMENT. Nothing herein contained shall be construed or operate as a waiver of sovereign immunity to the extent sovereign immunity may otherwise apply. 12. The SUBRECIPIENT will comply with section 20.055, Florida Statutes. This AGREEMENT may be amended at any time provided that such amendments make specific reference to this AGREEMENT and. are executed in writing and signed by a duly authorized representative of each party. In the event that two or more documents combine to form this AGREEMENT, and in the event that there is any contradictory or conflicting clause or requirement in these documents, the provisions of the document(s) prepared by the RECIPIENT shall be controlling. This AGREEMENT shall be controlled by Florida law, contrary or conflict of law provisions notwithstanding. In the event that any clause or requirement of this AGREEMENT is contradictory to, or conflicts with the requirements of Florida law, the clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall.. substitute for that clause or requirement and be binding on all parties hereto. Special Conditions: See attachment or N/A This AGREEMENT constitutes the entire AGREEMENT between the RECIPIENT and the SUBRECIPIENT for the use of the funds received under this AGREEMENT. The Grant Manager for the RECIPIENT is Will Liner and is located at Florida Forest Service, 3125 Conner Boulevard, C-25, Tallahassee, Florida, 32399-1650. The Grant Manager for the SUBRECIPIENT is Rebecca Harvey and is located at City of Boynton Beach, 100 E. Ocean Avenue, Post Office Box 31.0, Boynton Beach, Florida, 33435. Federal, resources awarded to the SUBRECIPIENT pursuant to this agreement are from the U.S. Department of Agriculture/U.S. Forest Service, federal financial assistance funding opportunity under FAIN #20 -DG -11083112-001 and Catalog of Federal Domestic Assistance number 10.664, Cooperative Forestry Assistance. Signed by parties to this AGREEMENT: FDACS-02017 6116 Page 17 of 21 Page 691 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 FLORIDA DEPARTMENT OF AGRICULTURE SUBRECIPIENT AND CONSUMER SERVICES Signatbre Signature Director of Administration ................ .. . .. .... .. . ....... . ........... . Title Title 4/22/2021 Date FDACS-02017 6/16 Page 18 of 21 Date Page 692 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 Florida Department of Agriculture arld Consumer Services as Division of Administration SCOPE OF WORK 2 CFR 200 NICOLE "NIKKI" FRIED COMMISSIONER ....... . .. 1. Federal Financial Assistance Funding Opportunity Number- 2.Subreciplent FEIN: 20 -DG -1 1083112-001 -B F59l600iO282 3. Subreciplent Legal N:aime,: City of Boynton Beach, Please note section XII Public Records in the Notice of Federal Financial Assistance Funding Opportunity before Including proprietary or Confidential Information. Performance Measures Data Collection I lAvolkwy hots on ii pmpivilive AA41ysm & R-paV-9 I AnsWe data and pi li report F1 ==., =7 Irl -m7=111111111 Per tree (u,p to a irtax of $40,OOD) Tree population data In Excel and ArcGIS $10ii000 Final rari summartzing results of free Inventory or work to be conducted. 1. Tree Inventory Data Cotleclion, The City will hire an urban forestry firm to inventory trees on property owned and managed by the City of Boynton Beach. The tree inventory budget will be capped; $40,000. At an estimated cost of $5 per tree this will yield an inventory of approximately 8,000 trees. The, vendor will prioritize City trees to Inventory as follows: 1) Trees in maintained/mowed areas of Ciity-owned property 2) Street trees in City rights-of-way 3) Trees in unmailritained natural areas of City -owned property Data will be collected, at minimum, for the following attributes: tree location (using GPS with an accuracy of 1-3 maters), species, diameter at breast height, approximate height, condition, and need for maintenance (e.g., pruning,, Irrigation, removal,, or treatment for disease or insects). Additional data fields may include current aind potential conflicts with buildings, sidewalks, utilities, and other Infrastructure; or other attributes recommended by the selected vend�or. The cost per tree will include the cost of transportation, mobile devices and other equipment, and data collection software. For example, The Nature Conservancy's "Healthy Trees, Healthy Cities" mobile app allows users to collect data and load it for free to a U.S. Forester Service server. The vendor will export the final tree inventory data and provide to the City in both a Microsoft Excel format and In ArcGIS shape files, 2. Analysis and Reporting The vendor will utilize free and/or proprietary software as available to analyze the tree inventory data (e.g., the Green Infrastructure Center offers free tree inventory software). The final report should be completed by a professional arborist and include discussion of the followilri - overall characteristics of the urban forest (quantitative and qualitative) - Locations of larger, older trees (to target areas for new plantings) - Diversity of species (to plan future plantings) - Condition of trees (to remove hazards and identify areas for enhanced maintenance) - Ecosystem services provided by the City's tree population (to augment the tree canopy assessment results with specific benefits of the urban forest) Page 693 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 7. EVIM. INMRA9TILWONMV Subreciplielnt FEIN- F596000282 Subreciplent Legal Name: City of Boynton Beach How this program will address the needs of the community The City of Boynton Beach is a regional leader in sustainability and has, been recognized as a Tree City USA since 1983. The newly released 2020 Climate Action Plan (CAP) commits to reducing community- wide greenhouse gas (GHG) emissions 50% by 2035, and achieving net zero by 2050, The CAP identifies Urban, Forestry as a priority strategy to reduce GHC emissions while achieving col -benefits of cost savings, public health, economic development, ecosystem protection, urban heat island reduction, and flood mitigation. The Boynton Beach Community Redevelopment Plan prioritizes neighborhood revitalization projects that augment greenspace, create a vibrant public realm, enhance property vallues, and result in safe and livable communities. Enhancing tree canopy also supports the objectives of the Comprehensive Plan, Strategic Plan, and other City plans and: policies, Urban forestry is a way to address community equiity as well as environmental sustainability. Boynton Beach is a racially diverse city with a relatively high proportion of vulnerable populations (e.g., seniors, people in poverty, people with disabilities). Low-income neighborhoods and communities of color often have lower tree canopy, burdening their residents with higher temperatures and household energy costs. The City's Sustainability Advisory Team and public workshop attendees have identified tree canopy expansion as atop priority. The community's enthusiasm is, evident from the large turnout at recent tree planting and giveaway events, and the success of the City"s ongoing partnership with the nonprofit Community Greening, However, the City does not have a staff arborist or forester, nor the budgetary resources, to meet this demand. Participation in this urban forestry grant program will institutionalize the City's commitment to trees and provide a systematic path to, achieve many of the City's goa Is. How this program will help the community develop or improve Its urban forestry program The City completed its first Urban Tree Canopy Assessment in July 2020, documenting a citywide canopy coverage of 16.1%, with 7'.4% of additional plantable land area. The study quantified ecosystem services including urban heat island reduction, stolrmwater uptake, carbon sequestration, and air pollutant removal. The Sustainability Coordinator will present results to City Commission in, September along with a resolution to adopt a planting goal of 3,000 trees per year to reach 2,0% canopy by 2035, The Managing Community Forests program will help the City develop a reallistic strategy to achieve this canopy goal and ensure that our investments yield the expected results. How the data and tools obtained during this program will be used to influence management decisions This program will build on our recent canopy assessment by providing tools for the City to develop and implement an urban forestry program. Specifically, it will facilitate the following management practices: Evaluate current tree care and management and ensure we are using blest practices • Conduct a needs assessment for expanding our capacity to plant and care for more trees Determine the most efficient and effective ways to deliver tree care Schedule and budget for equipment and personnel • Establish quarterly and/or annual benchmarks for success How the three projects will be managed and the qualifications of those supervising the work Rebecca Harvey, Sustainability Coordinator, will provide direction to implement the project in alignment with the City's sustainability and resiliency goals. Ms. Harvey has Masters Degrees in Environmental Studies and Sociology, more than 20 years of experience as an environmental researcher and communicator,, and has been with the City for more than three years, Matthew Doyle, the City's Page 694 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 Landscape Architect with over 30 years of experience, will assist in managing the contracts and, will work directly with the vendors, to provide local expertise and ensure project success. Manny McIlroy, the City's GIS Analyst, will provide technical assistance and conduct quality control for the tree inventory data. We will follow the City's procurement policy to select qualified urban forestry firms to complete each phase of the project, The City has an ongoing partnership with Community Greening, an award- winning local nonprofit that has held over 55 events planting moire than: 4,0010 trees with 3,000 volunteers in schools, parks, and neighborhoods, The nonprofit Green Infrastructure Center conducted the City"s tree canopy assessment and continues to offer technical assistance to the City. Plan for engaging volunteers, project partners, and community residents throughout the program The City is already engaging the public about trees through the recent development of the Climate Action Plan and Urban Tree Canopy Assessment, Currently we are creating a Tree Canopy section of the City website as we prepare to adopt a, goal of 3,,000 trees, per year. We are now working with a large homeowner's association (HOA) on a tree campaign, and will schedule presentations to additional HOAs and community groups. The City partners regularly with, environmental volunteer groups including the Sustainability Advisory Team, Sierra Club, the Institute for Regional Conservation, scout troops, and faith groups, Community Greening's recent successful grant-funcled program, in the Heart of Boynton neighborhood—includinga school planting, urban orchard planting, residential plantings, and tree, giveaways—has established a foundation of community engagement for us to build upon. Plain for providing the required matching funds In year 1, the City will provide a cash contribution of $25,000 to support completion of the tree inventory. In year 2, the City will provide a cash contribution of $15,000 to augment the anagerrent plan with an audit of City tree codes and policies. In year 31, the City, will provide a cash contribution of $15,000 to cover additional tree planting. Plan for building the urban forestry program after this three-year program is completed We are now securing budget commitments from Sustainability, Public Works, and the Community Redevelopment Agency to support annual tree planting and maintenance goals through 2035. We will use tools provided by the Green Infrastructure Center to evaluate and revise the City's zoning codes for tree protection and urban forestry. We, will continue to engage the community, work with developers through the City's Sustainable Development Standards ordinance, and! foster partnerships with Community Greening, schools, garden clubs, HOAs, businesses, and other stakeholders. Estimated total budget for all three years of the program $50,000 Year I (Tree Inventory), $30,0100 Year 2 (Management Plain), and $30,0001 Year 3 (Tree Planting) Completed copies of the necessary FIDACS forms including budget for year I (tree inventory) See attached, Narrative discussion of the requirements specified under the year one tree Inventory We will inventory trees throughout City -owned parks, other City properties, and rights-of-way (see attached maps of parks and streets). We have already conducted a canopy assessment that quantified ecosystem services and identified available planting areas, so the inventory will focus on understanding the health and diversity of the urban forest. We will hire an urban forestry firm to collect data on (at minimum) tree location, species, diameter at breast height, condition, and need for maintenance; analyze data; summarize data in a final report; and provide data to the City in both Excel and ArcGIS formats, The City Sustainability Coordinator and Landscape Architect will supervise the vendor. The inventory results will be used to support the, development of an Urban Forestry Management Plan in year 2, Specifically, the inventory data will allow us to set objectives, for tree planting to increase diversity of the urban forest, address potential hazards, and prepare work plains and budgets for removal, planting, and pruini:nig. Page 695 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 MFr �+ Florida Department of Agriculture and Consumer Services Division of Administration BUDGET PLAN 2 CFR 200, NICOLE "NIKKIl" FRIED COMMISSIONER Federal Financial Assistance Funding Opportunity Number: 20-0G-11053112-001 ubrecipient FEIN: 59-6000282 Subreciplent Legal Name: City of Boynton, Beach, Category/Description Cost per Unit Number of Units Grant Amount Match Amount Personnel - Fringe Benefits - Travel (not authorized) Equipment (not authorized) Supplies - Contractual (if authorized) - $25,000 $25,0100 Trees - Other Expenses- Total Direct Charges Indirect Charges - Total Amount $25,000 $25,000 Page 696 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 Florida Department of Agriculture and Consumer Services ,J C� Division of Administration �CERTIFICATION REGARDING LOBBYING; .� DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS NICOLE "NIKKI" FRIED FOR EXPENDITURE OF FEDERAL FUNDS COMMISSIONER LOBBYING As required by 2 CFR 200, for persons entering into a contract, grant or cooperative agreement over $100,000 involving the expenditure of Federal funds, the undersigned certifies for itself and its principals that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying,' in accordance with its instructions; and (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. PRINTED NAME/TITLE OF REPRESENTATIVE CONTRACT/ PURCHASE ORDER NUMBER SIGNATURE OF REPRESENTATIVE / DATE DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS As required by 2 CFR 200, for persons entering into a contract, grant or cooperative agreement over $25,000 involving the expenditure of Federal funds, the undersigned certifies for itself and its principals that: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a Government entity (Federal, State, or local) with commission of any offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default; and Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. PRINTED NAME/TITLE OF REPRESENTATIVE CONTRACT / PURCHASE ORDER NUMBER SIGNATURE OF REPRESENTATIVE / DATE FDACS-01522 Rev. 01/21 Page 697 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 Florida Department of Agriculture and Consurner Services Division of Administration FEDERAL FUNDING ACCOUNTABILITY AND NICOLE "NIKKI" FRIED TRANSPARENCY ACT (FFATA) COMMISSIONER 2 CFR 200 1. Federal Award Identification Number (FAIN): 20 -DG -1 1 0831 1 2-001 3. Recipient: Florida Forest Service 3125 Conner Boulevard, C-25 Tallahassee, FL 323901650 5. Subrecipient: Name: City of Boynton Beach Address: 100 Ocean Avenue/PO, Box 310 City, State, Zip + 4: Boynton Beach, Florida 33435 7, Subrecipient FEIN: 59-60002'82 2. Federal Awardl Number: 27014 4.Recip,ient Grant Manager: Name: Will Liner Email: will.Iiner@fdacs.gov Phone: 850-681-5881 6, Subreci:pient Authorized Representative. Name: Rebecca Harvey Email: HarveyR@bbfl,us Phone: 561-742-6494 8. Subreci'plent DUNS Number: 072247133 9. Primary Performance Location, if different than (12) below:: Address: City: City of Boynton Beach State: Zip code + 4: 10, County of Primary Performance: 11. Congressional District: Palm Beach 21 12. Performance in multiple counties: Yes or No. If yes, indicate the counties. No I certify that the above information is correct. Authorized Signature FDACS-02039 06/16 FDACS-02017 6/16 Page 20 of 21 WM Page 698 of 943 DocuSign Envelope ID: 6876B63F-26D5-4289-94C4-917774249FA4 Florida Department of Agriculture and Consumer Services Division of Administration FEDERAL FINANCIAL ASSISTANCE AGREEMENT NICOLE "NIKKII" FRIED FACT SHEET COMMISSIONER 1. Federal Award Identification Number (FAIN): 2. Federal Award Number: 20 -DG -11083112-001 1 27014 3. Federal Award Agency: 4.Federal Award Title: USDA Forest Service Consolidated Payment Grant 5. Federal Award Project Description: Technical and financial assistance to state, forestry agencies 6. CFDA Program Title: Cooperative Forestry Assistance 7. CFDA Number: 8. Federal Award Date: 9. Federal Award Amount: 10,664 10/01/19 $774,37Z00 10. Recipient: ....... 11. Recipient Grant Manager: Florida Forest Service Name,: Will Liner 3125 Conner Boulevard, C-25 Email: will.liner@fdacs.gov Tallahassee, FL 32399-1650 Phone: 850-681-58811 12. Subrecipient: 13. Subrecipient Authorized Representative: Name: City of Boynton Beach Name: Rebecca Harvey Address: 100 E, Ocean Avenue/PO Box 310 Email: HarveyR@bbfl'.us City, State, Zip + 4: Boynton Beach, Florida 33435 Phone: 561-742-6494 14. Subrecipient FEIN: 15. Subrecipient DUNS Number: 59-6000282 0722471'33 . 16. Subrecipient Agreement Number: . ...... .. 17. Subrecipient Award Amount: ... . . ...... $25,000.00 .__.m .... . . . ...... . 18. Subrecipient Project Title: Develop an Urban Forestry Plan for the City of Boynton Beach . . .. .... . . ..... ... . 19. Subrecipient Period of Performance: 20. Research and Development Award: Upon execution through 02/28/22 N/A 21. Approved indirect cost rate: 22. Subrecipient Matching Amount: 5% 1 $25,000.00 . . ......... . I certify that the above information is correct. Authorized Signature FDACS-02039 06/16 FDACS-02017 6/16 Page 21 of 21 W Page 699 of 943 FLORIDA FOREST SERVICE (85o) 681-5800 THE CONNER BUILDING 3125 CONNER BOULEVARD TALLAHASSEE, FLORIDA 32399-1650 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER NICOLE "1VIm" FRIED December 4, 2020 Ms. Rebecca Harvey City of Boynton Beach 100 E Ocean Avenue Boynton Beach, Florida 33435 Dear Ms. Harvey: Congratulations! It gives me great pleasure to inform you that the Florida Forest Service (FFS), a division of the Florida Department of Agriculture and Consumer Services (FDACS), has selected your proposal for the 2020 Managing Community Forests Grant Program. As part of this program, you will receive three contracts over the next three years for a total of $55,000. You will soon receive an email with a DocuSign version of the first of these Federal Financial Assistance Subrecipient Agreements (Agreement). Upon receipt, please have the authorized individual sign and return the agreement within 30 days to the Florida Department of Agriculture and Consumer Services (FDACS). Please take note of the two forms attached to this agreement. These forms should be completed and returned with the signed contract. Until both parties have executed the Agreement, please do not spend any funds that may be claimed as grant reimbursement or match. If you have any questions or concerns, please contact Florida Forest Service Urban Forestry Coordinator, Will Liner at (850) 681-5881 or � I11 �fl w, li a�: �� ;�V �s, ,; y x,,.`� �" , or Program Accountant, Kelly Boutwellat(850)681-5872or11^u.(�l1,a,!.��.�7f,u.IS��II�',11" Sincerely, lea 6,11 ..�e .I Erin Albury, State Forester/Director Florida Forest Service EA/kb 1-800-HELPFLA www.FDACS.gov Page 700 of 943 6.E. Consent Agenda 6/15/2021 Requested Action by Commission: Proposed Resolution No. R21-058 -Approve I nterlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA) for various streetscape/lighting Improvement projects within the CRA District. Explanation of Request: On June 8, 2021, the Boynton Beach CRA approved this interlocal agreement to fund up to $445,561 to cover design and construction costs associated with the projects listed in Attachments 1 and 2 — CRA Lighting Improvement List and CRA Lighting Improvement Budget, respectively. How will this affect city programs or services? These streetscape/lighting improvement projects aim to brighten and beautify the project's area. Fiscal Impact: Budgeted, Reimbursed by CRA. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type RE)S()llLAti0111 I ir':fasirllocall grE)E)rT1as1r:f ffach irTIEN11l ffach irTIEN11l Description lRE)S akAtioin alplpira viir:g I1I1wuitlh C RA for Stir'Es'E)t. caul Es II.....ligh tier g Il irgpir'a veirT1Esir:tIFlir'001CtS I ir'IlasirllocallgrEs1ENrYIEN11l 1.....list of II rgpira veirT1Esir:ta.> URA StirEsela. calPEs/Il.....ligh tier g BL.aidgE)t .. StirEs'E)t.cal as/Il.....lighfliir:c Ilial iraa�asir�asir:fa.> Page 701 of 943 I RESOLUTION NO. R21- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY 5 OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY FOR VARIOUS 7 STREETSCAPE/LIGHTING IMPROVEMENT PROJECTS 8 WITHIN THE CRA DISTRICT; AND PROVIDING AN 9 EFFECTIVE DATE. 10 WHEREAS, on June 8, 2021, the Boynton Beach CRA approved this Interlocal 11 Agreement to fund up to $445,561 to cover design and construction costs associated with 12 certain projects; and 13 WHEREAS, these streetscape/lighting improvement projects aim to brighten and 14 beautify the project's area; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff, deems it to be in the best interests of the City residents to approve and 17 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 18 Redevelopment Agency for various streets cape/l i ghting Improvement projects within the CRA 19 District. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. Each Whereas clause set forth above is true and correct and incorporated 23 herein by this reference. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 25 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 26 Beach and the Boynton Beach Community Redevelopment Agency for various S:ACA\RESO\Agreements\ILA With CRA For Streetscape Lighting - Reso.Docx Page 702 of 943 27 streetscape/lighting Improvement projects within the CRA District, a copy of said Interlocal 28 Agreement is attached hereto as Exhibit "A". 29 Section 3. That this Resolution shall become effective immediately upon passage. 30 PASSED AND ADOPTED this 15th day of June, 2021. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ATTEST: 47 48 49 50 Crystal Gibson, MMC 51 City Clerk 52 53 54 (Corporate Seal) 55 Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga S:ACA\RESO\Agreements\ILA With CRA For Streetscape Lighting - Reso.Docx VOTE YES NO Page 703 of 943 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE STREETSCAPE/LIGHTING IMPROVEMENTS WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT ("Agreement") is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or "Parties"). WITNESSETH: WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Community Redevelopment Area ("CRA Area") as described in the Plan; and WHEREAS, the CITY will undertake a Lighting Improvement Project to install, replace, and maintain exterior lighting within the right-of-ways or publicly owned properties in furtherance of that goal; and WHEREAS, lighting improvements is anticipated to take place in locations identified in designated locations, as further described in Exhibit "A," which is hereby incorporated herein; and WHEREAS, the CRA desires to provide the CITY with funding for lighting improvements at these locations that are within the CRA Area (the "Project"); and WHEREAS, the Project site lies within the boundaries of the CRA Area; and WHEREAS, the Project is intended to improve the overall quality, aesthetics, and function of these locations within the CRA Area; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 01388588-1 1 Page 704 of 943 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Four Hundred Forty-five Thousand Five Hundred Sixty-one and 00/100 Dollars ($445,561), for design services, materials and equipment, and installation costs associated with the physical improvements of the Project consistent with the terms of this Agreement, to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only expenses directly associated with design activities, lighting materials and appurtenances such as fixtures, bulbs, wiring, banner attachments, control panels, and installation shall be considered eligible expenses. b. The CRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment, so long as such request complies with all requirements of this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. d. The CITY shall also be responsible for the maintenance of the lighting improvements as a result of the Project, along with contracting and coordinating with all other entities as necessary to comply with applicable codes. e. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director or designee and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request. 01388588-1 2 Page 705 of 943 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request") meeting the requirements of this Agreement to the CRA no later than 90 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case later than 45 days prior to the end of each Fiscal Year in which the individual improvements of Exhibit "A" achieves final completion. For purposes of this Agreement, final completion shall be deemed achieved upon approval of a final inspection from the City, or the equivalent. The request shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. v. For any Reimbursement Request submitted after final completion, evidence of an approved final inspection, or equivalent, and a final report by the City detailing at minimum the type of lighting equipment, quantity, size, location, and the associated maintenance program for the lighting equipment that is installed. b. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within thirty (30) days of receipt of the Reimbursement Request. C. If the CITY fails to submit a Reimbursement Request within 45 days prior to the end of Fiscal Year in which the individual improvements of Exhibit "A" achieves final completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the 01388588-1 3 Page 706 of 943 Reimbursement Request. If the CITY fails to provide the documentation required by the CRA within 30 days, the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project or maintaining any lighting improvements as a result of the Project. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the Project has obtained an approved final inspection, or equivalent, and the CRA reimburses the CITY for the Project, or on January 31, 2024 ("Termination Date"), whichever comes first. In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 01388588-1 4 Page 707 of 943 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 01388588-1 5 Page 708 of 943 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Parry desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: 01388588-1 a. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 0 Page 709 of 943 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, termination, maintenance of trees, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 01388588-1 [Signatures on following page.] 7 Page 710 of 943 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: Crystal Gibson, CITY Clerk Approved as to Form: Office of the CITY Attorney A 01388588-1 to Form: of the CRA Attorney CITY OF BOYNTON BEACH, a Florida municipal corporation BY Steven B. Grant, Mayor Date: (SEAL) BOYNTON BEACH COMMUNITY REDEVELOPMENT A 3ENCY BYE ..*.. f Steven B. Grant/ rant hair sn V Date: z� Page 711 of 943 EXHIBIT "A" BOYNTON BEACH CRA STREETSCAPE/LIGHTING IMPROVEMENTS LIST 01388588-1 Page 712 of 943 EXHIBIT "A" Boynton Beach CRA Lighting Improvement List ID,, IMPRO EMENTS - LOCATIONS, . Ocean Avenue between Federal Highway to 1 Ocean Avenue (East) Seacrest Boulevard MLK Jr. Boulevard between Seacrest Boulevard and 2 East MLK Jr. Boulevard Corridor Streetscape Federal Highway 3 Ocean Avenue Bridge Under/Over bridge 4 FPL LED Conversion/Upgrade Both sides of Federal Highway from Gulfstream Boulevard to Gateway Boulevard 5 Seacrest Boulevard (West side) NW 1st Street to SW 1st Street Ocean Avenue between Seacrest Boulevard to NW 6 Ocean Avenue (West) 3rd Street (along Sharrow path) Along NE 7th - 10th Avenues, between Federal 7 INCA Trail Highway and NE 7th Street 8 Casa Costa Frontage Federal Highway in front of Casa Costa Page 713 of 943 0 O m co 0 V N (6 v v o u 0 a m > :E o UI) - v�. v U E -6 ui om 0 00 L 0 m c II Co ~ Y 3 � IO - 11 .00 0 "M`o .. 0 v OJ m OJ y E v - Q 0 H o ,n N O OJ rLo �. 0 .. 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Consent Agenda 6/15/2021 Requested Action by Commission: Proposed Resolution No. R21-059 - As a part of the approval of the interlocal agreement between the City and the CRA for various Streetscape/Lighting Improvements within the CRA District, it is necessary to amend the Fiscal Year 2020-2021 Capital Improvement Fund (302) budget, which will adjust budgeted appropriations and revenue sources. Explanation of Request: The interlocal agreement between the CRA and the City for various Streetscape/Lighting Improvements within the CRA District includes the design and construction of eight (8) projects. The approval of this agreement also requires amending the Fiscal Year 2020-2021 Capital Improvement Fund (302) budget by $445,561 to cover the costs incurred as part of these projects as follows: • Account No.302-1214-580-63.00 - CRA Streetscape/Lighting Projects - $445,561 • Account No.302-0000-369.22-00 - CRA Reimbursement Revenue $445,561 How will this affect city programs or services? These streetscape/lighting improvement projects will brighten and beautify the project area. Fiscal Impact: Budgeted, CRA reimbursement. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 717 of 943 Type IRE)SCA LA ti 0 II'l A rTIE)ind rTIENI'l t Ag ir'EsE) rTIE) II'l t Description IRE)SOkAboin approviing IBL.jidgE�'tAirTIEsil'idiryiEsll'it CIF1 IBL.jidgE'tAirTIEsii'idirTIEsll'It �D raft I I .A Wth URA for I Jighbing Page 718 of 943 I RESOLUTION R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING THE FY 2020-21 BUDGET, TO ADJUST 5 BUDGETED APPROPRIATIONS AND REVENUE SOURCES 6 AND PROVIDE SPENDING AUTHORITY FOR THE CAPITAL 7 IMPROVEMENT FUND (302) FOR VARIOUS 8 STREETSCAPE/LIGHTING IMPROVEMENTS WITHIN THE 9 CRA DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS, 10 AND AN EFFECTIVE DATE. 11 12 13 14 WHEREAS, a final budget was approved by the City Commission in September, 2020, for the 15 fiscal year 2020-2021; and 16 WHEREAS, as such the FY 2020-21 Adopted Budget Capital Improvement Fund (302) 17 will need to be amended by $445,561.00 to cover the costs incurred as part of these projects; 18 and 19 WHEREAS, accordingly staff is requesting Commission approval to amend the FY 20 2020-21 budget as noted specifically on Exhibit A. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 22 CITY OF BOYNTON BEACH, FLORIDA: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 24 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 25 Section 2. Hereby amending the appropriated FY 2020-2021 budget as noted the Capital 26 Improvement Funds (see Exhibit A) pursuant to the terms of the budget for the fiscal year beginning 27 October 1, 2020 and ending September 30, 2021. 28 Section 3. This Resolution shall become effective immediately upon passage. 29 1 S:ACA\RBSO\Budget\2020 - 2021 BudgetTY20-21 CIP Budget Amendment Resolution - (June 15, 2021).Docx Page 719 of 943 30 PASSED AND ADOPTED this 15th day of June, 2021. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor — Steven B. Grant 36 37 Vice Mayor — Woodrow L. Hay 38 39 Commissioner — Justin Katz 40 41 Commissioner — Christina L. Romelus 42 43 Commissioner — Ty Penserga 44 45 46 VOTE 47 ATTEST: 48 49 50 51 Crystal Gibson, MMC 52 City Clerk 53 54 55 (Corporate Seal) 2 S:ACA\RBSO\Budget\2020 - 2021 BudgetTY20-21 CIP Budget Amendment Resolution - (June 15, 2021).Docx Page 720 of 943 CITY OF BOYNTON BEACH EXPENDITURE & REVENUE AMENDMENTS BUDGET YEAR 2020-21 General Fund (302) 302-0000-369.22-00 OTHER MISC. REVENUE/ CRA REIMBURSEMENT Adopted Fund Total Revenues 00,01 Iib f ix:IIIijZ 7-fL T7Z6W*kylT"i&I Adopted Fund Total Expenses Exhibit A 2020/21 CITY MANAGER 2020/21 REVISED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET 737,000 44S,S61 1,182,561 4,113,005 445,561 4,558,566 57,027 44S,S61 S02,S88 4,113,005 445,561 4,558,566 Page 721 of 943 CITY OF BOYNTON BEACH EXPENDITURE & REVENUE AMENDMENTS BUDGET YEAR 2020-21 General Fund (302) 302-0000-369.22-00 OTHER MISC. REVENUE/ CRA REIMBURSEMENT Adopted Fund Total Revenues 00,01 Iib f ix:IIIijZ 7-fL T7Z6W*kylT"i&I Adopted Fund Total Expenses Exhibit A 2020/21 CITY MANAGER 2020/21 REVISED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET 737,000 44S,S61 1,182,561 4,113,005 445,561 4,558,566 57,027 44S,S61 S02,S88 4,113,005 445,561 4,558,566 Page 722 of 943 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE LIGHTING IMPROVEMENTS WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT ("Agreement") is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or "Parties") WITNESSETH: WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Community Redevelopment Area ("CRA Area") as described in the Plan; and WHEREAS, the CITY will undertake a Lighting Improvement Project to install, replace, and maintain exterior lighting within the right-of-ways or publicly owned properties in furtherance of that goal; and WHEREAS, lighting improvements is anticipated to take place in locations identified in designated locations, as further described in Exhibit "A," which is hereby incorporated herein; and WHEREAS, the CRA desires to provide the CITY with funding for lighting improvements at these locations that are within the CRA Area (the "Project"); and WHEREAS, the Project site lies within the boundaries of the CRA Area; and WHEREAS, the Proj ect is intended to improve the overall quality, aesthetics, and function of these locations within the CRA Area; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 01388588-1 I Page 723 of 943 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Four Hundred Forty-five Thousand Five Hundred Sixty-one and 00/100 Dollars ($445,561), for design services, materials and equipment, and installation costs associated with the physical improvements of the Project consistent with the terms of this Agreement, to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only expenses directly associated with design activities, lighting materials and appurtenances such as fixtures, bulbs, wiring, banner attachments, control panels, and installation shall be considered eligible expenses. b. The CRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment, so long as such request complies with all requirements of this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. d. The CITY shall also be responsible for the maintenance of the lighting improvements as a result of the Project, along with contracting and coordinating with all other entities as necessary to comply with applicable codes. e. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director or designee and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request. 01388588-1 2 Page 724 of 943 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request") meeting the requirements of this Agreement to the CRA no later than 90 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case later than 45 days prior to the end of each Fiscal Year in which the individual improvements of Exhibit "A" achieves final completion. For purposes of this Agreement, final completion shall be deemed achieved upon approval of a final inspection from the City, or the equivalent. The request shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. v. For any Reimbursement Request submitted after final completion, evidence of an approved final inspection, or equivalent, and a final report by the City detailing at minimum the type of lighting equipment, quantity, size, location, and the associated maintenance program for the lighting equipment that is installed. b. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within thirty (3 0) days of receipt of the Reimbursement Request. C. If the CITY fails to submit a Reimbursement Request within 45 days prior to the end of Fiscal Year in which the individual improvements of Exhibit "A" achieves final completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the 01388588-1 3 Page 725 of 943 Reimbursement Request. If the CITY fails to provide the documentation required by the CRA within 30 days, the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project or maintaining any lighting improvements as a result of the Project. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the Project has obtained an approved final inspection, or equivalent, and the CRA reimburses the CITY for the Project, or on January 31, 2024 ("Termination Date"), whichever comes first. In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 01388588-1 4 Page 726 of 943 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 01388588-1 E Page 727 of 943 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: 01388588-1 a. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 C7 Page 728 of 943 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, termination, maintenance of trees, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 01388588-1 [Signatures on following page.] 7 Page 729 of 943 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Crystal Gibson, CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Steven B. Grant, Chair Date: 01388588-1 8 Page 730 of 943 EXHIBIT "A" BOYNTON BEACH CRA LIGHTING IMPROVEMENTS LIST IIS IMPROVEMENTS LOCATIONS* 1 Ocean Avenue (East) Ocean Avenue between Federal Highway to Seacrest Boulevard 2 East MLK Jr. Boulevard Corridor N LK Jr. Boulevard between Seacrest Boulevard Streetscape and Federal Highway 3 Ocean Avenue Bridge Under/Over bridge 4 FPL LED Conversion/Upgrade Both sides of Federal Highway from Gulfstream Boulevard to Gateway Boulevard 5 Seacrest Boulevard (West side) NW 1st Avenue to SW 1st Avenue 6 Ocean Avenue (West) Ocean Avenue between Seacrest Boulevard to NW 3rd Street (along Sharrow path) 7 INCA Trail Along NE 7t' - 10th Avenues, between Federal Highway and NE 7th Street 8 Casa Costa Frontage Federal Highway in front of Casa Costa * Note: The locations of the lighting improvements are subject to change upon mutual agreement of the parties. 01388588-1 Page 731 of 943 MCI Consent Agenda 6/15/2021 Requested Action by Commission: Approve revisions to the Fiscal Year 2020-2021 approved Capital Improvement projects for the 303 Fund (Surtax Dollars). Explanation of Request: The City Commission approved a list of projects for FY 20/21 to be paid with Government Surtax funds in September 2020. In accordance with the City's Resolution R16-071, which is an Interlocal agreement with PBC and Palm Beach County Schools pertaining to shared distribution and use of the surtax funds. Section 4 of the agreement provides that the project list that the Commission adopted may be revised by the Commission, and does not require an amendment to the Agreement or the joinder and consent of the other parties. The City of Boynton Beach Capital Improvement Plan is largely funded by taxpayer approved sales tax funds (Surtax). Each community must account for the use of these funds to ensure their use is consistent with law and the intent of the voters. Each quarter the city will be providing a global update on the status of projects funded with Surtax revenues. However, on a much smaller scale it is recognized that some projects were added and/or changed since the initial inspection of the City facilities. Therefore, it is necessary to add projects as they occur during the fiscal year. These additions are to ensure consistency of review by the City Commission and the City's Citizen Surtax Oversight Committee. To that end, staff will be providing additional project requests throughout the course of the year. In fact, these adjustments may occur on each future Commission meeting. Attached please find modifications to existing projects with proposed budget dollars. All projects will be funded by making budget adjustments with existing Surtax dollar projects. Based on the overall savings and the estimated budget for the new projects there is no need for a budget amendment rather adjustments to currently approved projects and the addition of five (5) projects in the FY 20/21 budget. How will this affect city programs or services? Facility maintenance work is critical to keep, restore or improve every part of a Facility/Building to a currently acceptable standard. Fiscal Impact: Budgeted The project budget adjustments merely recognize actual costs on a project level. The entire Surtax Capital Budget will always be neutral unless changed through a formal budget amendment process. Page 732 of 943 Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? 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Consent Agenda 6/15/2021 Requested Action by Commission: Proposed Resolution No. R21-060 - Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Ocean One for the 4th of July event to be held Sunday, July 4, 2021. Explanation of Request: The City has received permission from Ocean One to utilize their property on Federal Highway as a public parking option during the 4th of July event to be held on Sunday, July 4, 2021. How will this affect city programs or services? Parking is very limited at Intracoastal Park and Ocean One provides an additional parking option for those that would like to attend the 4th of J my event. Fiscal Impact: There is no cost related to the temporary use of Ocean One property on 4th of July event be held Sunday, July 4, 2021. Alternatives: Not approve the land use agreement between the City of Boynton Beach and Ocean One for property (parking) for the City's 4th of July event that will be held on Sunday, July 4, 2021. Strategic Plan: Boynton Beach Branding Strategic Plan Application: Identifying and promoting additional public parking opportunities during large City events allows more individuals to attend events. Free bus transportation to and from the 4th of July event will be provided by the City. Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 737 of 943 Type wommm Ag ir'E�'E) rTIE) II'l t Description IRE)SOkAboin appiroviing I aind L. SE: Agir'E)E)irTIE)l['It with OC2,ain 0111E) for 4th Of JLJIy E)VENI'A Ipa irkiing 1.....a ind LJSE�,Agir'E�IENrTIENI'lt OC2,ain 0111E) Page 738 of 943 1 RESOLUTION NO. R21- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 6 SIGN A LAND USE AGREEMENT WITH OCEAN ONE BOYNTON 7 LLC., FOR THE 4TH OF JULY EVENT TO BE HELD JULY 4,2021; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City plans to use the Ocean One Boynton LLC., property as a public 12 parking option during the Annual 4' July Holiday event on July 4, 2021; and 13 WHEREAS, parking is limited and this site will provide an alternative for public 14 parking during the event; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff, deems it to be in the best interests of the City residents to approve 17 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach 18 and Ocean One Boynton LLC., for the 4h of July event to be held July 4h, 2021. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission hereby approves and authorizes the Mayor to 25 sign a Land Use Agreement between the City of Boynton Beach and Ocean One Boynton 26 LLC., for the 4h of July Annual Event to be held July 4, 2021. A copy of the Agreement is 27 attached hereto as Exhibit "A." 28 Section 3. This Resolution shall become effective immediately upon passage. S:ACA\RLSO\Agreements\Land Use Agreement with Ocean One for July 4th 2021 - Reso.docx Page 739 of 943 30 PASSED AND ADOPTED this 15th day of June, 2021. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:ACA\RLSO\Agreements\Land Use Agreement with Ocean One for July 4th 2021 - Reso.docx YES NO Page 740 of 943 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this 15th day of June, 2021, by and between the City of Boynton Beach ("City") and Ocean One Boynton LLC., its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 114 N. Federal Hwy., Boynton Beach, FL 33435 (Parcel Number: 08-43-45-27-01-000-0410) and 222 N. Federal Hwy., Boynton Beach, FL 33435 (Parcel No. 08-43-45-27-02-000-0010) (the "Properties"); and WHEREAS, the City desires to use the parking lots located on the Property for parking for an event taking place on July 4, 2021 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW, THEREFORE, for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: Foregoing Whereas clauses are incorporated as if fully set forth herein. 2. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. Owner is responsible for any injuries which occur on the Property as a result in a defect in the property, Owner's failure to maintain the property, and any and all other conditions which are the Property Owner's responsibility, and which cause an injury to any guest, invitee, or third party on the Property. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees, agents, and contractors, occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; Page 1 of 5 Page 741 of 943 c. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. d. The City shall also be responsible for its own negligence. e. To the extent permitted bylaw, and subject to the limitations of section 768.28. Florida Statutes, the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. 6. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 7. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. This Agreement shall expire on midnight on July 5, 2021. 9. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 10. By execution of this Agreement, in accordance with the requirements of F. S. 287- 135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the Page 2 of 5 Page 742 of 943 notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. ATTEST: CITY OF BOYNTON BEACH Print Name: STEVEN B. GRANT Crystal Gibson, MMC City Clerk Title: Mayor (SEAL) Approved as to form: James A. Cherof, City Attorney ATTEST: (SEAL) STATE OF FLORIDA COUNTY OF OCEAN ONE BOYNTON LLC L'In Print Name: Title: The foregoing instrument was acknowledged before me by means of [_] physical presence or [_] online notarization this day of June, 2021, by as Ocean One Boynton LLC.. (NOTARY SEAL) (Name of Notary Typed, Printed, or Stamped) Page 3 of 5 Page 743 of 943 Personally Known OR Produced Identification Type of Identification Produced Page 4 of 5 Page 744 of 943 Exhibit "A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time on July 4, 2021. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as light tower placement) before the Event. This access may occur anytime between July 3 and July 5, 2021, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install removable tower lights and event parking signs on the Property for the Event. Page 5 of 5 Page 745 of 943 M Consent Agenda 6/15/2021 Requested Action by Commission: Proposed Resolution No. R21-061 - Approve and Authorize the City Manager to sign the two (2) year agreement and letter of authorization with JJ Kane for the disposal of vehicles/equipment submitted by Fleet Maintenance Division and declare thirty-eight (38) vehicles/equipment as surplus and approve disposition of these items via auction using various means such as JJ Kane on-line auction and GovDeals.com. Explanation of Request: Fleet Maintenance Division is submitting thirty-eight (38) items to be disposed at auction utilizing various means. These proceeds will generate revenue for the Fleet Maintenance Fund. Fleet Maintenance Division has verified that the vehicles are no longer of use and has completed all proper documentation for disposal and requests City Commission's review, evaluation and approval to sell the surplus vehicles/equipment. How will this affect city programs or services? The disposal of obsolete, damaged and surplus vehicles/equipment will remove the need to store the items, and allow the Finance Department to remove the items from the City's fixed asset records. Fiscal Impact: The revenue generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund, and credited to the account# 501-0000-365.01-00. The funds are use for the future procurement of vehicles/equipment. Alternatives: Hold a public auction which has been done in the past, but after expenses to do so, it was determined not to be in the best interest of the City. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Page 746 of 943 Contracts Vendor Name: Various Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type D IRE)S()�I LA ti 0 111 DAg ir'E�'E) rTIE) III t D AttacftrTIENI'It D I E)ttENr Description IRE)SOkAtioin approviing Agir'E)E)irTIE)I['It with JJ IKa ll'IE) for disposal Of SL.Jir'IPkJIS vehiclE)S JJ IKa ll'IE) Agir'EsE)irTIENI'It IE)(p� 06 15 2023 AgE)inda IBaclkLJIlp SL.Jir'lPkJIS VE)ftic�bl EqUlipirmInt S Ipirasadshasel JJ IKa ll'IE) ALAthorizatioin I E)ttENr Page 747 of 943 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVES AND AUTHORIZES THE CITY MANAGER TO SIGN THE TWO (2) YEAR AGREEMENT AND LETTER OF AUTHORIZATION WITH JJ KANE FOR THE DISPOSAL OF VEHICLES/EQUIPMENT SUBMITTED BY FLEET MAINTENANCE DIVISION AND DECLARE THIRTY-EIGHT (38) VEHICLES/EQUIPMENT AS SURPLUS AND APPROVE DISPOSITION OF THESE ITEMS VIA AUCTION USING VARIOUS MEANS SUCH AS JJ KANE ON-LINE AUCTION AND GOVDEALS.COM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Fleet Maintenance Division is submitting thirty-eight (38) items to be disposed at auction utilizing various means which will generate revenue for the Fleet Maintenance Fund; and WHEREAS, Fleet Maintenance Division has verified that the vehicles are no longer 20 of use and has completed all proper documentation for disposal and requests City 21 22 23 24 25 26 27 28 29 Commission's review, evaluation and approval to sell the surplus vehicles/equipment; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to approve and authorize the City Manager to sign the two (2) year agreement and letter of authorization with JJ Kane for the disposal of vehicles/equipment submitted by Fleet Maintenance Division and declare thirty-eight (38) vehicles/equipment as surplus and approve disposition of these items via auction using various means such as JJ Kane on-line auction and GovDeals.com. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreements\Agreement with JJ Kane for Vehicle Disposal - Reso.docx Page 748 of 943 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2. The City Commission hereby approves and authorizes the City 34 Manager to sign the two (2) year agreement and letter of authorization with JJ Kane for the 35 disposal of vehicles/equipment submitted by Fleet Maintenance Division and declare thirty - 36 eight (38) vehicles/equipment as surplus and approve disposition of these items via auction 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 using various means such as JJ Kane on-line auction and GovDeals.com. A copy of the Agreement is attached hereto as Exhibit "A." Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 15th day of June, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Agreements\Agreement with JJ Kane for Vehicle Disposal - Reso.docx VOTE YES NO Page 749 of 943 Contact: Lori Laverriere Company Name: The City of Boynton Beach Express Mail Address (No P.O. Boxes): 222 NE 9`h Ave City: Boynton Beach State: FL Zip: 33435 Phone: 561-742-6202 Fax: Email: dartyw@bbfl.us Date Emailed To Seller: 05-28-21 This agreement (this "Agreement"), effective as of June 16"', 2021, is by and among The City of Boynton Beach (hereinafter called "Seller"), J.J. Kane Exchange, LLC ("Exchange"), and J.J. Kane Associates Inc. d/b/a "J.J. Kane Auctioneers" and "Ken Porter Auctions" ("Associates" and, together with Exchange, hereinafter called "Auctioneer"), acting as agent for Seller. Seller and Auctioneer, intending to be legally bound, hereby agree as follows: 1) Term and Termination. The term of this Agreement shall begin on the date hereof and shall continue until June 15th, 2023 or unless terminated by either party hereto. Either party hereto may terminate this Agreement at any time upon 60 days' prior written notice to the other party. Upon termination of this Agreement, Auctioneer shall provide written notice to Seller describing any unsold Auction Items (defined below) and, unless otherwise mutually agreed to by the parties hereto, Auctioneer shall be permitted to attempt to sell such Auction Items at auction for an additional 60 days following the effective date of the termination of this Agreement. At the end of such additional 60 day period, any unsold Auction Items will be released to Seller; provided, that Seller shall be required to reimburse Auctioneer for any and all expenses incurred by Auctioneer in connection with the transportation, storage, decommissioning, and other related costs of preparing such unsold Auction Items for sale prior to Auctioneer's release of such Auction Items to Seller. 2) Engagement. a) Seller hereby engages Auctioneer to facilitate the sale at public absolute auction sale Seller's property identified by Seller (the "Auction Item"), excluding any chemicals, hazardous materials or other environmentally unsafe equipment or materials unless mutually agreed upon in writing by Seller and Auctioneer. i) Seller shall be responsible for clean-up/disposal of petroleum products/chemical spills coming from Auction Items that are offered for sale under this Agreement. The prompt and proper clean-up of any spills, leaks or other releases of petroleum or chemical substances and materials will be performed in accordance with all applicable federal, state and local laws and regulations. Seller acknowledges and agrees that in the event a spill has occurred, notification by Auctioneer to certain federal, state and/or local agencies may be required. Seller shall be responsible for all costs resulting in the clean-up of any spills/leaks or other releases of petroleum or chemical spills in accordance with any applicable laws and regulations. All clean-up/proper disposal costs will be billed back to Seller and deducted from Seller's sale proceeds. If said proceeds do not cover the total cost of spill cleanup/disposal, Seller will be billed the difference and Auctioneer shall be paid within 10 business days of dated invoice. The obligations set forth in this Section 2 shall survive the termination or expiration of this Agreement. b) Seller hereby acknowledges and agrees that any auction conducted over the internet via online bidding will be conducted by Exchange and any applicable third party internet auction platform. 04469614.11 Page 750 of 943 c) Auctioneer may, in its sole discretion, accept or reject any Auction Items proposed for auction sale by Seller. 3) Auctioneer Personnel. Auctioneer shall provide all necessary auctioneers, accountants, clerks and office staff required to achieve the efficient and orderly performance of the auction sale contemplated by this Agreement. Auctioneer shall employ qualified personnel to perform these jobs and shall perform the engagement contemplated by this Agreement in a professional and skilled manner. 4) As -Is & Where -Is Auction Sales. a) Auction Items will be offered for sale individually, or in the case of small miscellaneous items sold in lots as determined by Auctioneer. All Auction Items will be sold on an "As -Is Where -Is" basis without any warranties of any kind, expressed or implied. b) Seller agrees to disclose to Auctioneer any known defects or faults with Auction Items prior to listing such Auction Items with Auctioneer for sale. c) In the case that a known defect or condition of any Auction Item is not disclosed by Seller to Auctioneer prior to listing, Auctioneers shall have the right, in its sole discretion, to declare such Auction Item a "No Sale" in which case Seller shall retain possession of such Auction Item and reimburse Auctioneer for any and all costs and expenses incurred by Auctioneer in connection with the transportation, storage, decommissioning and sale preparation of such Auction Item. d) In accordance with applicable state and federal emissions regulations, Seller shall notify Auctioneer of any alterations of OEM emission systems that have occurred on vehicle or equipment Auction Items (e.g., DPF, DEF, system deletes or other engine control software or hardware alterations not approved by OEM). 5) Marketable Title. a) Seller specifically represents and warrants to Auctioneer that Seller is the sole owner of, and has good, valid and marketable title to, all of the Auction Items to be sold by Auctioneer pursuant to this Agreement, free and clear of any liens, security interests, mortgages, debts or other encumbrances or restrictions of any kind not otherwise disclosed in writing by Seller to Auctioneer on or prior to the date of this Agreement. Seller further represents and warrants that there are no outstanding judgments or liens against Seller and that there are no legal actions, claims or proceedings pending or, to the knowledge of Seller, threatened against or adversely affecting Seller whatsoever which in any way would hinder, prevent or otherwise affect Seller's or Auctioneer's right or ability to sell the Auction Items at auction sale. b) Seller acknowledges and agrees that Auctioneer may elect to conduct UCC lien searches on any Auction Items deemed necessary by Auctioneer, in its sole discretion. Seller shall be responsible for the cost of any such lien searches payable in accordance with Section 11(c) below. c) Seller agrees to deliver, upon Auctioneer's request, any documents, certificates, proofs of ownership or titles that may be required to effectively deliver and convey title to the Auction Items sold by Auctioneer pursuant to this Agreement. d) In the case that there is a delay in the new purchaser receiving a free and clear title to any vehicle or trailer Auction Items sold hereunder, the net proceeds from the sale will be held by Auctioneer until a free and clear title is delivered to the purchaser; provided, that, at the election of Auctioneer, in its sole discretion, the applicable Auction Item may be withdrawn from the auction sale and remain Seller's property. e) Seller acknowledges and agrees that, although Auctioneer guarantees free and clear title to the purchaser of each Auction Item and Auctioneer will use its commercially reasonable best efforts to obtain and convey such title in accordance with applicable law, Auctioneer shall in no way be responsible for any losses, damages, costs, expenses or fees (including, without limitation, attorneys' fees) arising out of or relating to any delay in obtaining and/or conveying free and clear title to the purchaser of any Auction Item sold hereunder. 04469614.11 2 Page 751 of 943 f) Seller acknowledges and agrees that, if requested, Auctioneer may provide the name of Seller to the applicable purchaser of any vehicle Auction Item sold hereunder. g) If Seller is a motor vehicle dealer, Seller's dealer state & dealer number are as follows: (list dealer state & dealer number): h) The obligations set forth in this Section 5 shall survive the termination or expiration of this Agreement. 6) Titles On -Site. a) Seller agrees to deliver or cause to be delivered to Auctioneer all signed certificates of title, letters of authorization to sell vehicle Auction Items and any other related paperwork (e.g., a seller - specific bill of sale) no later than 10 days prior to the applicable auction sale. b) In order to comply with applicable motor vehicle rules and to enable new purchasers to assume ownership with minimal problems, a letter of authorization on Seller's letterhead must accompany all certificates of title associated with Auction Items. Set forth below is a sample letter: To Whom It May Concern: [SELLER NAME] hereby and/or equipment owned conducted on Saturday, Sincerely, [SELLER NAME] [DATE] authorizes J.J. Kane Auctioneers to sell vehicles by at the auction sale in , 7) Delivery of Auction Items. Unless Seller requests for Auctioneer to arrange for the pickup and transportation of any Auction Items to the applicable auction site by a third party service provider in accordance with Section 11(b) below, Seller shall deliver or cause to be delivered the Auction Items to the auction sale site no later than ten days prior to the applicable auction sale or to such other location agreed to in writing by Auctioneer. All Auction Items shall be delivered to Auctioneer in running condition (except as noted by Seller) with adequate fuel levels and a duplicate set of keys. 8) Insurance Coverage. a) Seller shall, at their own expense, maintain and carry in full force and effect appropriate insurance coverage on the Auction Items being sold hereunder until the day of the auction sale. b) Auctioneer and owner of the auction sale site property will not be responsible for any damages to Auction Items resulting from acts of nature, theft, accident and/or vandalism while such Auction Items are located at the sale site. c) Auctioneer shall be responsible for any loss or damage to Auction Items due to Auctioneer's willful or negligent acts or omissions. 04469614.11 3 Page 752 of 943 9) Commission. a) Seller agrees that Auctioneer will charge the buyer of each Auction Item sold hereunder a base buyer's fee equal to 10% of the gross sale price paid for such Auction Item, subject to increase depending on the applicable (i) sales platform (e.g., live auction or internet only), (ii) type of buyer (on-site or internet) and/or (iii) Auction Item location, which shall not exceed 15% of the gross sales price paid for the Auction Item. b) [ [Seller agrees to pay Auctioneer a Seller's commission equal to _0—% of the total gross sale price for sold Auction Items.] b) Seller agrees that, when applicable, Auctioneer may deduct its commission from the gross proceeds of the auction sale. 10) No Sales. In the event that a successful bidder fails to pay for an Auction Item for which such bidder is designated to be the high bidder, then the applicable Auction Items will be deemed a "No Sale", no commission will be charged on such item and Seller will retain ownership of such Auction Item. 11) Reimbursed Expenses. a) If applicable and pre -approved by Seller, Seller agrees that Auctioneer may deduct the exact cost for any additional services that Auctioneer provides Seller from the proceeds of the auction sale. (1) Advertising: $ (2) Decommissioning & Washing: $ (3) Repairs: $ (4) Other: $ b) If Seller requests for Auctioneer to arrange for the pickup and transportation of Auction Items by a third party service provider, Auctioneer will invoice Seller a transportation fee equal to the cost of pickup and transportation plus 10%. c) If Auctioneer elects to conduct UCC lien searches on any Auction Items, Auction will be entitled to deduct the cost of such lien searches from the gross proceeds of the auction sale or, if no sale occurs, invoice Seller for such cost. 12) Pam. a) Auctioneer will charge and collect from the purchaser the purchase price for the Auction Items sold at the auction sale, together with all applicable taxes. Auctioneer will collect payment in full from the purchaser prior to the removal of any Auction Items from the auction site. Seller shall be responsible for the payment of all income taxes resulting from or payable in connection with the sale of the Auction Items hereunder. b) Within 14 business days following the auction sale, Auctioneer shall to remit to Seller the net proceeds from the Auction Items sold at auction, less Auctioneer's applicable commission as outlined in Section 9 above and any expenses as outlined in Section 11 above, together with a written report listing all Auction Items sold by Auctioneer and proof of payment for expenses. Payment shall be made by Auctioneer via electronic transfer or by a check made payable to Seller. Any proceeds check will be made payable to Seller and mailed to the same name and address of Seller set forth on the first page of this Agreement unless otherwise directed in writing by Seller. 13) Absolute Unreserved Auction Sales. a) Seller understands that Auctioneer conducts absolute unreserved public auction sales where each Auction Item is sold to the highest bidder regardless of price. b) Furthermore, Seller understands/agrees that it is illegal for Seller or any agent thereof to bid on and/or buy-back any Auction Items owned by Seller. c) If Seller or any agent of Seller attempts to bid on and/or buy back any of the Auction Items, Auctioneer will, at Auctioneer's discretion, choose one of the following actions: 04469614.11 C! Page 753 of 943 (1) Pass the Auction Item currently being offered for sale along with all other Auction Items. (2) Sell the Auction Item to the last "Good Faith" bidder before Seller or its agent began bidding on such Auction Item. d) Seller shall reimburse Auctioneer for any lost revenue, including seller's commission, buyer's fee and/or any pre -approved reimbursed expenses in the event of a "Buy Back". 14) Advertised Auction Items. At Auctioneer's discretion, in the event that Seller removes any advertised Auction Item from the auction sale, Seller agrees to pay Auctioneer a handling fee of $500.00 for each such Auction Item that is removed from the sale. 15) Breach of Contract. In the event that Seller breaches any covenant or makes any misrepresentation in this Agreement, Seller agrees to indemnify, defend and hold Auctioneer harmless from any and all costs, expenses, damages and liabilities arising out of or relating to such breach or misrepresentation, including, without limitation, attorneys' fees and other costs incurred by Auctioneer in any action or proceeding arising out of or relating to such breach or misrepresentation. The obligations set forth in this Section 15 shall survive the termination or expiration of this Agreement. 16) Indemnification. Seller hereby agrees to indemnify, defend and hold Auctioneer and its parent, subsidiaries and affiliates and each of their respective directors, officers, employees and other representatives (collectively, "Indemnified Persons") harmless from any and all costs, expenses, damages and liabilities (including, without limitation, attorneys' fees) incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to: (a) Seller's ownership and maintenance (or lack thereof) of the Auction Items, (b) the condition of the Auction Items at time of auction, (c) the applicable purchaser's use of the Auction Items and/or any property damage or bodily injury arising therefrom, (d) any title defects or delays in delivering free and clear title to the Auction Items, (e) any breach of this Agreement by Seller, (f) any violations of applicable state and federal laws, including, without limitation, state and federal emissions laws and regulations, or (g) the enforcement of this indemnity by Auctioneer. The obligations set forth in this Section 16 shall survive the termination or expiration of this Agreement. 17) Entire Agreement; Headings. a) This Agreement contains the entire agreement between the parties and there are no other terms, obligations or representations, written or oral, other than those contained in this Agreement. This Agreement may be modified only by a further writing that is duly executed by both parties. b) Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. 18) Digger Derricks and Aerial Devices. a) Section 18(b) below shall apply to digger derricks and the following vehicle -mounted aerial devices (hereinafter referred to as an "aerial device") sold as Auction Items hereunder: (1) Extensible boom aerial devices; (2) Aerial ladders; (3) Articulating boom aerial devices; (4) Vertical towers; and (5) A vehicle or other combination of any of the above, which vehicle may be a truck, a trailer, or an all -terrain vehicle. b) Seller acknowledges and agrees that it shall be the sole and exclusive responsibility of Seller to provide Auctioneer with, and Seller shall provide to Auctioneer, all of the operations, maintenance and manufacturer's manual(s) (collectively, "Manuals") for each digger derrick or aerial device to be auctioned by Auctioneer hereunder and that such responsibility shall continue 04469614.11 5 Page 754 of 943 in perpetuity notwithstanding Auctioneer's auction of the corresponding digger derrick or aerial device for Seller. In the event Seller does not provide all Manuals for each digger derrick or aerial device to Auctioneer, Auctioneer shall, in its own discretion, refuse to auction the associated digger derrick or aerial device until such time as the Manuals have been provided by Seller to Auctioneer. Auctioneer may notify Seller of the name and location of the successful purchaser of a digger derrick or aerial device within a reasonable time following completion of the sale. Seller hereby acknowledges its responsibilities in accordance with American National Standards Institute A92.2-2009 (including, without limitation, Section 8.7 thereof) and A10-31 in full, including, without limitation, section 8.7 thereof. Seller hereby acknowledges and agrees that failure by Seller to provide all Manuals for any digger derrick or aerial device sold at public auction hereunder shall be deemed a breach of Section 15 above for which Auctioneer shall be entitled to indemnification pursuant to Section 16 above. IN WITNESS WHEREOF, the Parties have executed this Agreement as of this date 12021 SELLER: The City of Boynton Beach By: Name- Tori Laverriere Title: City Manager ASSOCIATES: J.J. Kane Associates, Inc. dba J.J. Kane Auctioneers By: Name: Wnjter Gittic Title: AC-rount Manages *X4VV am E_101UKX J.J. Kane Exchange, LLC By: — Name: Title: Revised: 01/07/2021 04469614.11 6 Page 755 of 943 0 M In Q 00 00 00 00 00 00 00 00 00 <O N O Im Q O d' In In Q I� 00 O 00 00 00 00r 00 O 00 00 00 00 00 00 00 00 00 00 00 00 d' I� N T In 1 T T " "'+d "' IQ Z O O n N Ln L M 0 m 0 m 0 N co 00 r - - - - - - N 00 q r w...�" r .w — — — N N N N N N N N N N — d' N 'n^^^" N M N N Otl> fA fA fA fA fA fA fR fR fR fR fR fR fR fR fR V) ER ER ER ER V C V � V V N CL ax X f0 ME f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 - = V V V V V V V V V V V V V V V V N V V V V V N N N N N N N N N N N N N N N N N N N N N Q� = X ^� X X X X X X X X X X X X X X X X = X X X X yin""a Po"P, N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Nqc N w � w w w w w w w w w w w w w w w w N N N N N N N N N N N N N N N N N N N N N N N N Y Y C1 i G i C1 N W 1l O 00 o N O O O O O O O O O O O r1 -1 N N o m m O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N cr Z Z Z Z Z N > 0 Z O O O � Q Q Q Q X O O � O O O O O O mQ� O cr V) crcrc w w w N O p p p p p p p p p U U U \?�. c Q Q Q Q Q Q Q Q H Q Z Z Z = cr =y a O = = Q = = = = = = J Q U ap V) 0 � Vp>) Vp>Q) w~Z_w w~Z_w w ~Z_w w O o NO NW O O O O O O O O p a � O > N m J U U JO U U U U U U 00 U Q p O Q p p O LX J U U U W U Ln O W Q W W J J J � = N LL ~ O U d d d W Q Q Q 4J W •rl �' Q1 Ln a) r1 m rl 00 m LO a) r1 a) O m 1l -1 rl 00 O r1 N O O r1 -1 -1 -1 N N N N m OO r1 m m Ln m m d d d N � 00 O O O O O O O O O O O —1 —1 N r1 m m N N N N N N N N N N N N N N ^rl W k.0 L0 O O m N Ln c-1 Ln 00 N O Lr) Ln 00 Q) O L0 Q) N c-1 c-1 N Ln L0 d' N 1l m 00 N Q) r1 00 Q) ^ 00 i--1 r-1 00 00 c-1 l0 O m N d' Ln c-1 O Ln 00 1l Ln L0 Q) N ^ k.0 Ln Ln d' c-1 00 m Ln c-1 L0 L0 l0 a) c-1 N 00 Q) O 00 O 00 O 00 00 Q) N L0 k.0 N O 00 Ln 00 00 00 N N m N m N m N N m m N m i--1 ^ Ln Q) m m rl rl rl ^I Q —1 c -I c -I c -I c -I c -I c -I c -I c -I c -I c-1 —1-1 N c-1 N p m N �k Z c-1 00 00 00 00 00 00 00 00 00 W Q W 00 -j p m W m W 00 U Q Q Q Q Q Q Q Q Q Q CO m U N p W W W m Q) l0 Ln N X d' d' l0 Q) Il Ln m d' Ln m ` 1 Q) N m m c -I �y U W W W W W W W W W U W N W —1 0w �1 N Q p p p p p p p p p CO p W w 1� LL N (DG cc co co co co co co co co co N m (D N m V) m d L0 = N = = N N N V) V) V) V) V) V) U U Z) W U W W 0_ d d � C7 a = M: M: M: M: M: M: M: = m p m C7 m N J m U �. 00 00 00 w w w w w w H z m m Q 2 Z W C7 U 0 0 0 0 0 0 0 0 0 C7 J C7 C7 W W = _ = LLLL LLL LL L y y rn rn rn rn rn rn rn rn rn rn rn rn rn .. b 0 0 0 0 0 0 0 0 a41 41 41 41 41 41 41 41 41 41 80 a a a a a a a a -coo A co O rl- LO 0) m 0- n nn o 00 00 LO c CR, CR, cc� cc� cc� cc� cc� cc� It co m - M M M M M M M M M N 4a EA EA ER ER ER ER ER ER ER ER ER V V V V V V V V V V V V V R C C C C C C C C C C C C C1 tts to to to to to to to to to to to y 4) 4) 4) 4) 4) 4) 4) 4) 4) 4) 4) 4) X O. 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Q. 4) X X X X X X X X X X X X N N N N N N N N N N N N w C d d d d d Ln Ln Ln Ln Ln O am Ln r1 -i -1 c-1 c-1 c-1 O O O O O O O O O O O O O O O N N N N N N N N N N N N N Z Q cr cr cr cr Q Q Q Q Q Q O O O O O O O O O O > 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ ui W W W W W W W W W W O J U U U U U U U U U U p X J UJ O H H H H H H H H H H OM Z Z Z Z Z Z Z Z Z Z > Lia J m w w w w w w w w w w U U U U U U U U U U V) O J J J J J J J J J J Q O_ O O O O O O O O O O 0_ Ln c-1 m m 00 c-1 N 1, Q) N Ln m L0 O L0 d Ln Ln N N m m d d Ln O O d Ln Ln Ln Ln Ln Ln Ln O a) Ln Ln Ln 00 00 � LLnn Lr) m � � � m � � O 00 00 L0 (.0 k.0m m a) Ln Ln Ln a) 00 00 00 L0 L0 a) L0 L0 L0 a) Lr) � 1� r Ln Ln a) a) a) a) a) ^ Ln C7 C7 C7 C7 C7 C7 C7 (7 0 0 N —1 W W UJ W W LL LL LL LL LL Q Q) Ln X Ln X L0 X c-1 —1 N L0 Ln 00 Ln c-1 m LiJ N G G G G G G G G G G 0_ m N N N N N N N N N N U 0 0 0 0 0 0 0 0 0 0 o = L L U Q LL LLL LLL LLL LLL LLL LLL LLL LL L LL C7 O O O O O O O O O O O O N r r N ti ti ti ti ti ti ti ti ti ti � � co O rl- LO 0) m 0- The City of Boynton Beach June 16, 2021 P. O. Box 310 Boynton Beach, Florida 33425-0310 PUBLIC WORKS DEPARTMENT PHONE: (561) 742-6200 FAX: (561) 742-6211 www.boynton-beach.org To Whom It May Concern, The City of Boynton Beach gives JJ Kane Auctioneers authorization to sell vehicles and/or equipment owned by The City of Boynton Beach at your auction sales conducted during the dates of June 16th 2021 thru June 15th , 2023 in the United States. Respectfully, Lori LaVerriere City Manager City of Boynton Beach America's Gateway to the Gulfstream Page 758 of 943 M. Consent Agenda 6/15/2021 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of May 2021. Explanation of Request: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $35,000 bid threshold for personal property, commodities, and services, or $100,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. All backup documentation is available upon request. Below is a list of the purchases for May 2021: Purchase Order ## Vendor Amount 211047 W I LKERSON I NSTRUMENT CO., 1 NC. $25,525.50 211054 AMPS INC. $24,391.00 211055 AMPS INC. $24,391.00 211056 AMPS INC. $24,391.00 211058 AMPS INC. $24,391.00 211068 WHIDDEN SURVEYING & MAPPING, INC. $14,542.00 211085 ACOUSTIC INNOVATIONS INC $34,571.15 211098 ASK DEVELOPMENT SOLUTIONS $21,300.00 211100 PRECISION CONTRACTING SERVICES $35,180.00 211103 EMPIRE OFFICE INC. $19,802.05 How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. Alternatives: Page 759 of 943 Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ddE)ir:dUlirn Description May 2021 ... IPLArchaa: E)S oveir $1 0,000 Page 760 of 943 CITY OF BOYNTON BEACH 0 APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MAY 2021 1. Vendor: WILKERSON INSTRUMENTS CO., INC. Purchase Amount: $25,525.50 Requesting Department: WAREHOUSE Contact Person: JEN PACIELLO Date: 5/4/2021 Brief Description of Purchase: Electrical Components for Lift Stations. Wilkerson's components are the only items compatable with the SCADA equipment used at lift stations. Source for Purchase: Sole Source Fund Source: 502-0000-141-01-00 Dated 1/15/2021 Warehouse Stock 2. Vendor: AMPS INC. Purchase Amount: $24,391.00 Requesting Department: UTILITIES Contact Person: PHIL TAYLOR Date: 5/7/2021 Brief Description of Purchase: Rehab Well 8E - Woolbright Ballpark Source for Purchase: Piggyback Palm Beach County Fund Source: 403-5000-533-65-02 Contract # R2021-0359 WTR075 3. Vendor: AMPS INC. Purchase Amount: $24,391.00 Requesting Department: UTILITIES Contact Person: PHIL TAYLOR Date: 5/7/2021 Brief Description of Purchase: Rehab Well 14 - 1201 SW 3rd Street Source for Purchase: Piggyback Palm Beach County Fund Source: 403-5000-533-65-02 Contract # R2021-0359 WTR075 4. Vendor: AMPS INC. Purchase Amount: $24,391.00 Requesting Department: UTILITIES Contact Person: PHIL TAYLOR Date: 5/7/2021 Brief Description of Purchase: Rehab Well 11 E Source for Purchase: Piggyback Palm Beach County Fund Source: 403-5000-533-65-02 Contract # R2021-0359 WTR075 5. Vendor: AMPS INC. Purchase Amount: $24,391.00 Requesting Department: UTILITY Contact Person: PHIL TAYLOR Date: 5/7/2021 Brief Description of Purchase: Rehab Well 13E - 1201 SW 3rd Street Source for Purchase: Piggyback Palm Beach County Fund Source: 403-5000-533-65-03 Contract # R2021-0359 WTR075 Page 761 of 943 6. Vendor: WHIDDEN SURVEYING & MAPPING Purchase Amount: $14,542.00 Requesting Department: PUBLIC WORKS Contact Person: CARL FRUMENTI Date: 5/13/2021 Brief Description of Purchase: Task Order U -C-08: Boynton Ridge PH -3 - NE 4th St , Survey Services Source for Purchase: Contract # 067-2821-16/TP Fund Source: 303-4905-580-63-08 7. Vendor: ACOUSTIC INNOVATIONS INC Purchase Amount: $34,571.15 Requesting Department: RECREATION / ARTS AND CULTURAL CENTER Contact Person: ROZ RIZZO Date: 5/19/2021 Brief Description of Purchase: Acoustical panels for event hall at Art and Cultural Center - Project# RP2137 Source for Purchase: 3 quotes Fund Source: 303-4101-572-62-01 RP2137 8. Vendor: ASK DEVELOPMENT SOLUTIONS Purchase Amount: $21,300.00 Requesting Department: FINANCE Contact Person: RJ RAMIREZ Date: 5/25/2021 Brief Description of Purchase: Compliance Consultant for CDBG program Source for Purchase: 3 Quotes Fund Source: 122-2418-554-49-17 9. Vendor: PRECISION CONTRACTING SERVICES Purchase Amount: $35,180.00 Requesting Department: ITS Contact Person: CHARLES STEVENS Date: 5/25/2021 Brief Description of Purchase: Construct and Install Fiber Optic Cable between Public Works Administration and City Hall 3rd Floor. Source for Purchase: Piggyback Palm Beach County Fund Source: 303-4101-580-63-02 10. Vendor: EMPIRE OFFICE INC. Purchase Amount: $19,802.05 Requesting Department: UTILITIES Contact Person: HOWARD KERR Date: 5/25/2021 Brief Description of Purchase: The East Water Treatment Plant Lab is in need of more storage spaces and adequate testing surfaces in order to conduct proper testing of water. This minor rehab of space will be done by Empire office. Source for Purchase: Piggyback State of Florida Contract Fund Source: 403-5000-533-65-02 56120000 -19 -ACS WT2103 Page 2 Page 762 of 943 6.K. Consent Agenda 6/15/2021 Requested Action by Commission: Approve the disposition of land by the Boynton Beach Community Redevelopment Agency to Habitat for Humanity of South Palm Beach County for the property located at 545 NW 11th Avenue. Explanation of Request: On 4/13/21, the CRA Board accepted a letter of intent from Habitat for Humanity of South Palm Beach County and authorized moving forward with the notice of intent to dispose for the vacant lot located at 545 NW 11th Avenue. Florida State Statue 163.380; Disposal of property in community redevelopment area states: '7n the event the value of such real property being disposed of is for less than the fair value, such disposition shall require the approval of the governing body, which approval may only be given following a duly noticed public hearing" Pursuant to Florida State Statue 163.380 the City Commission is required to approve the disposition since the property is being given to Habitat and is hence being disposed of for less than appraised/fair market value. Staff has reviewed the request and recommends approval. How will this affect city programs or services? There will be no affect to city programs or services. Fiscal Impact: The transfer of property from the CRA to Habitat for Humanity of South Palm Beach County will generate property taxes upon completion of the transaction and construction of the single family home. Alternatives: Do not approve the disposition and request further consideration by the CRA to: 1. Solict additional offers. 2. Reject the terms and conditions and elect not to proceed with the sale. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 763 of 943 Is this a grant? Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt Description 4 13...21 URAAgENrida Cover ShE'E)t aind IBaclk Up EXC.E)rpt of URA ME)E)bIlIg li il['lL.JltE)S of 4 13 21 Page 764 of 943 BOYNTON' EAC %�� um COMMUISI'" III I Y SII WIIE IN I AGENCY CRA BOARD MEETING OF: April 13, 2021 NEW BUSINESS AGENDAITEM: 16.C. SUBJECT: Discussion and Consideration of a Letter of Intent from Habitat for Humanity of South Palm Beach County, Inc. for the CRA Owned Property located at 545 NW 11th Avenue SUMMARY: On January 27, 2021, the CRA acquired a vacant lot located at 545 NW 11th Avenue (see Attachment 1) via the Lands Available List from Palm Beach County in the amount of $21,762.35 and paid to satisfy 15 City code violations and lot mowing liens totaling $15,232.30. The final cost for acquisition of this property was $36,994.65 along with the ongoing costs to clear the lot and remove illegal dumping. On March 29, 2021, the CRA received a Letter of Interest from Habitat for Humanity of South Palm Beach County, Inc. (HFHSPBC) for this CRA -owned property (see Attachment I I ). HFHSPBC is requesting the transfer of title and ownership of the vacant property in order to construct an new affordable single-family home consisting of three bedrooms, two bathrooms, and a one -car garage. The house will also feature tile flooring throughout, hurricane impact windows, landscaping, and stainless steel appliances. The CRA has successfully partnered with HFHSPBC in the past on the Ocean Breeze West Project, the Model Block Project, and scattered infill sites including the recently dedicated home located at 110 NW 6th Avenue. Due to the infill characteristics of this parcel, providing opportunities for affordable housing would further the goals and objectives of the CRA Plan. As per the CRA's Letter of Intent (LOI) Policy (see Attachment III), the Board have three options as summarized below: Option I - The CRA Board may accept the Letter of Intent and direct the CRA staff and legal counsel to negotiate the terms and conditions of a Purchase and Development to be presented at a future meeting and direct the CRA staff to issue a thirty (30) day Public Notice to Dispose. If during the Public Notice period, the CRA receives one or more additional Letters of Intent to purchase the same property, the CRA Board will direct the CRA staff and legal counsel to develop a request for proposal document to be presented to the CRA Board for their consideration at the next available meeting; Option II - The CRA Board may determine that it is in the best interest of the CRAto solicit additional Page 765 of 943 offers to purchase the property, the CRA Board will direct the CRA staff and legal counsel to develop a request for proposal document to be presented to the CRA Board for their consideration at the next available meeting; or, Option III - The CRA Board may determine that it is in the best interest of the CRA to reject the terms and conditions of the Letter of Intent and elect not to proceed with any further action. FISCAL IMPACT: To be determined by the CRA Board CRA PLAN/PROJECT/PROGRAM: 2016 Community Redevelopment Plan - Heart of Boynton CRA BOARD OPTIONS: 1. Accept HFHSPBC's Letter of Intent to transfer the ownership of the CRA -owned property located at 545 NW 11th Avenue to HFHSPBC for the development of an affordable single-family home as proposed and direct staff to issue a 30 -day Public Notice to dispose the property and work with legal counsel to bring back a Purchase and Development Agreement with HFHSPBC for Board consideration at the next available CRA Board meeting after the public notice period. 2. Do not accept HFHSPBC's Letter of I ntent for 545 NW 11th Avenue. 3. Alternative direction as determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II - Habitat for Humanity LOI D Attachment III - CRA Letter of Intent (LOI) Policy Page 766 of 943 (Y) rn 4- 0 ti m ti a� c� a liablitat for H , „ N. of S1,J1'I(,1l f��r °;(!'l Y ;l yid'll i,,Vr � c@Iw lJ fidy Boynton Beach Community Redevelopment Agency Michael Simon, Executive Director 710 N. Federal Hwy. Boynton Beach, FL 33435 Dear Michael, March 11, 2021 Attached please find a map of a vacant property at 545 NW 11th Ave. (PCN 08-43-45-21-14- 000-3580), which Habitat for Humanity of South Palm Beach County respectfully requests that the City of Boynton Beach Community Redevelopment Authority transfer the title/ownership of the property to Habitat for Humanity of South Palm Beach County. Such transfer would enable us to construct a single-family home consisting of 3 Bedrooms, 2 Bathrooms, a 1 Car Garage, All Tile, Hurricane Impact Windows, Double Truss Strapping, Owen's Corning 20 Year Architectural Shingle Roof, Landscape with Sprinkler System, Stucco Siding to Resemble Hardy Board, Covered Porch lined with Columns and Railings, Whirlpool Appliances, Pastel Color Exterior. The timeline to complete each project would be within 24 months from closing. Pictures of representative homes are attached. As we are now constructing a new single-family home at 560 NW 11th Ave., we feel that with the CRA's help we can continue to enhance the Heart of Boynton Beach and Cherry Hills with our mission to upgrade the community and provide affordable and attainable housing to low-income families who need it the most. Respectfully, Jeffrey Fengler� Director of Construction Habitat For Humanity SPBC office: 561-819-6070 ext. 111; mobile: 561-371-2191 CRA Page 768 of 943 r , CRA Page 768 of 943 Pictured homes are representative samples of homes that Habitat SPBC builds. Final home design will be determined based on the actual size of the property. Page 769 of 943 Page 770 of 943 :Property Detail- - ---- Location Address 545 NW 11 TH AVE Municipality BOYNTON BEACH Parcel Control 08-43-45-21-14-000-3580 Number Subdivision CHERRY HILLS Official Records Book 32133 Sale Date JAN -2021 Page 1343 Legal Description CHERRY HILLS LTS 358 & 359 Owner Information --- Owners BOYNTON BEACH CRA Mailing address 100 E OCEAN AVE FL 4 BOYNTON BEACH FL 33435 4515 Sales Information Sales Date Price OR Book/Page JAN -2021 $21,710 32133 /01343 Exemption Information --..,w.....m. Applicant/Owner Year 2021 Property Information Number of Units 0 *Total Square Feet 0 1 Acres 0.1 169 Use Code 0000 - VACANT Sale Type Owner TAX DEED BOYNTON BEACH CRA Detail Zoning R2 - R2 DUPLEX, 10 DU/AC (08-BOYNTON BEACH ) Appraisals - Tax Year Improvement Value Land Value Total Market Value 2020 $0 $ 30,000 $ 30,000 2019 $0 $21,000 $21,000 2018 $0 $20,117 $20,117 Page 771 of 943 All values are as of January 1 st each year Assessed and Taxable Values Tax Year 2020 2019 Assessed Value $12,862 $11,693 Exemption Amount $12,862 $11,693 Taxable Value $0 $0 Taxes_ ., ,..n.. ............... mw..w....,..M.., ,..,, , ....m...M _m,v.... Tax Year 2020 2019 Ad Valorem $0 $0 Non Ad Valorem $ 0 $ 0 Total tax $ 0 $ 0 2018 $10,630 $0 $10,630 20181 $286 $0 $286 Dorothy Jacks, CFA,, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 772 of 943 i 0MV 1 mea BOYNTON w u� � 1uitu :� �f B E AC f � Boynton Beach Community Redevelopment Agency Policy for Processing Letters of Intent to Purchase Property The Boynton Beach CRA ("CRA") will use the process outlined in this Policy for Processing Letters of Intent to Purchase Property ("Policy") to address any Letters of Intent to Purchase Property that the CRA receives that are not the result of a formal request for such letters. The Policy is designed to ensure a fair process for property disposal, furthers the goals and objectives of the 2016 Boynton Beach Community Redevelopment Plan, and acts in the best interest of the CRA. Letter of Intent Policy: When the CRA receives a Letter of Intent to purchase a property owned by the CRA, the CRA staff will add an item to the agenda of the next regularly scheduled CRA Board meeting to discuss the Letter of Intent. However, if the Letter of Intent is received by the CRA less than 5 days before the next regularly scheduled CRA Board meeting, the CRA staff will add the Letter of Intent item to the agenda of the next available regularly scheduled CRA Board meeting. The CRA staff will include the Letter of Intent and all supporting documents as backup to the Letter of Intent agenda item. At the regularly scheduled CRA Board meeting, the CRA Board may consider one of the following options upon receipt of a Letter of Intent to purchase a CRA -owned property: Option I - The CRA Board may accept the Letter of Intent and direct the CRA staff and legal counsel to negotiate the terms and conditions of a Purchase and Development to be presented at a future meeting and direct the CRA staff to issue a thirty (30) day Public Notice to Dispose. If during the Public Notice period, the CRA receives one or more additional Letters of Intent to purchase the same property, the CRA Board will direct the CRA staff and legal counsel to develop a request for proposal document to be presented to the CRA Board for their consideration at the next available meeting. The CRA will then follow its regular procedures for issuing requests for proposals, evaluating responses, and selecting the successful proposal(s); Option II - The CRA Board may determine that it is in the best interest of the CRA to solicit additional offers to purchase the property, the CRA Board will direct the CRA staff and legal counsel to develop a request for proposal document to be presented to the CRA Board for their consideration at the next available meeting. The CRA will then follow its regular procedures for issuing requests for proposals, evaluating responses, and selecting the successful proposal(s); or, Option III - The CRA Board may determine that it is in the best interest of the CRA to reject the terms and conditions of the Letter of Intent and elect not to proceed with any further action. 00849969-1 Page 773 of 943 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 more control over what is in the project. They want to put TIF into the115 N. Feder Highway project. i Board Member Katz appreciated the work staff put into the report. He was skeptical when developers say they cannot build the property so they will need TIF or land. The problem is when the tax agreements generate more returns for the property owner or developer than the cost of anything the CRA asks them to do, they are getting money they claim they need to fill a gap, and they are profiting off of it. Then they sell it for $20M to $30M profit. If it was so profitable, why did they need taxpayer dollars or what did the CRA get. Often one cannot see anything different than what they may have buil' on their is absent public funds. He thought some of the options were well thought out and the safeguards were good. If they sell for massive profits, they should pay some of it back to some degree. Chair Grant agreed. He noted the CRA gave away the land for Family Dollar, and then sold it so they did not have to pay the short-term capital gains and the price of the land was their profit. If a developer will take money out of the project, the taxpayer should not pay. Board Member Katz noted the Board rakes people over the coals to get out of repaying $40K for affordable housing, but not from big developments. He thought funds that come back to the CRA should be earmarked for a specific use and the CRA recycle the funds. G. Discussion and Consideration of Terms for an RFP/RFQ for the CRA Project Located at 115 N. Federal Highway A. Discussion and Consideration of a Purchase and Development Agreement for the Property Located at 508 E. Boynton Beach Boulevard MUMME�� NO 16116WIFIN 0 1 Mull Vice Chair Penserga moved to approve. Board Member Hay seconded the motion. The motion passed unanimously. C. Discussion and Consideration of a Letter of Intent from Habitat for Humanity of South Palm Beach County, Inc. for the CRA Owned Property located at 545 NW 11th Avenue 22 Page 774 of 943 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FloridaApril 13, 2021 ._wwaa� aawwww_��wwwww_w The CRA just acquired the property and the Board received a LOI for construction of affordable housing. Motion Vice Chair Penserga moved to accept the Letter of Intent and move forward with a Notice to Intent to Dispose. Board Member Hay seconded the motion. The motion passed unanimously. D. Discussion and Consideration of a Tax Deed Sale for the Property Located at 221 E. MLK Jr. Boulevard Mr. Simon presented the item and announced the property is valued at $103K. He suggested not paying more than $125K. The City is a lien holder and there are maintenance liens of $41K and an outstanding water bill of $4,700. Theresa Utterback, Development Service Specialist, noted there is a larger ongoing lien accruing of $344,034.12 that is eligible for a lien reduction. The other liens are not. Chair Grant suggested matching it for $175K. Mr. Simon explained it was ok to pay $175K for one lot, but noted they just paid $175K for three lots. Chair Grant did not think they would pay the $175K for the lot. Board Member Hay thought it was overpriced. Chair Grant noted Wells Landing is building something and the property will be worth more money. If someone purchases it now, they may try to sell it to the CRA later for more money. Board Member Hay liked the idea of acquiring land to expand the property and wanted the property east of the Family Dollar. He understood sometimes they may need to pay more than they feel comfortable with, but he did not want to lose it at the same time. Motion Chair Grant suggested a maximum price of $150K. Vice Chair Penserga seconded the motion. The motion passed unanimously. 17. Future Agenda Items A. CRA District Lighting Improvement Projects B. Revisions to the Interlocal Agreement for the Sara Sims Park Amphitheater Plans 18. Adjournment There being no further business to discuss, Chair Grant adjourned the meeting at 10:13 p.m. Catherine Cherry k' A Minutes Specialist 23 Page 775 of 943 6.L. Consent Agenda 6/15/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 6/15/2021 Requested Action by Commission: Approve minutes from the City Commission meeting on June 1, 2021. Explanation of Request: The City Commission met on June 1, 2021 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Alternatives: Approve, amend and approve, or do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Coirnirnia:>sioin I E)E)tiir':g I li1r'1LAtEss 6 1 2021 Page 776 of 943 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, June 1, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Vice Mayor Woodrow L. Hay Commissioner Justin Katz Commissioner Christina L. Romelus Commissioner Ty Penserga 1. Openings Assistant City Manager Andrew Mack Jim Cherof, City Attorney Shana Bridgeman, Assistant City Attorney Crystal Gibson, City Clerk John McNally, ITS Director, explained how the online meeting would proceed and how the public could participate. A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. B. Roll Call City Clerk Gibson called the roll. A quorum was present. Invocation by Pastor Duane Roberts of Calvary Chapel The Invocation was given by Pastor Roberts of Calvary Chapel. Pledge of Allegiance to the Flag led by Mayor Grant Mayor Grant led the Pledge of Allegiance to the Flag. Swearing in of Vice Mayor Woodrow L. Hay Crystal Gibson, City Clerk, swore in Vice Mayor Woodrow L. Hay. Mayor Grant congratulated Vice Mayor Hay on his appointment. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Commissioner Penserga requested that Item 11A be moved to a future Commission Meeting. The Downtown Boynton Beach Business District (DBBD) will be having a Page 777 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 meeting on June 10th to discuss this topic, Commissioner Penserga would like to attend the DBBD meeting first and bring some of their suggestions and input to the City Commission. Motion Commissioner Romelus moved to approve the agenda as amended. Commissioner Penserga seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Katz commented he had no disclosures. Commissioner Romelus also commented she had no disclosures. Commissioner Penserga disclosed that he had spoken with Bradley Miller, Jack Weir and his Associate and Mark and Kelly Hefferin of E2L. Mayor Grant disclosed that on May 19th, he attended the YMCA Inspirational Breakfast. On May 20th, he attended the Transportation Planning Agency and successfully had the new interchange on Boynton Beach Boulevard removed from the Transportation Improvement plan. He felt that this interchange would not be safe for pedestrians and bicyclists. That afternoon, he attended South Tech Academy for the Greater Boynton Beach Sister Cities Organization. There are several students from South Tech Academy who will be entered into the Seventeenth Annual Sister Cities International Young Artist and Authors competition. He met with Brian Fitzpatrick, a property owner in Boynton Beach. On May 24th, he attended the General Employees' Pension meeting and learned that the Employee Pension is fully funded. That afternoon, he attended a meeting with Solar Co-op. That evening, he had a meeting with a Healthier Boynton Beach, Dr. Alonzo and the CEO of Genesis Healthcare and discussed post Covid and what can be done for the community. On May 26th, he attended the League of Cities. He also attended the Transportation Disadvantaged Local Coordinating Board. On May 27th he met with Nancy Stewart of the Festival Management Group and gave her a tour of the City and discussed bringing future events to the City. On May 28th, he and his daughter attended the flag placement at the cemetery for Memorial Day. On May 29th he went to the Community Greening event at Jaycee Park, where they planted 85 trees. This Saturday, June 5th, there will be another planting event at Barton Memorial Park starting at 9 a.m. At 11 a.m., the Boynton Beach Garden Club will be handing out free plants. The free pet vaccination event with Justin Bartlett Animal Care gave 155 free vaccinations. On May 30th, he attended the Memorial Day Service. On May 31St, he attended the Forgotten Soldier Outreach Service. On June 1St, he had a meeting with Faith in Florida. He also spoke with Jack Weir. V Page 778 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Vice Mayor Hay disclosed that on May 30th, he attended the Memorial Day Celebration. He encouraged everyone to watch the documentary on the massacre in Tulsa Oklahoma in 1921. Greenwood has a slogan that is very fitting. "Without heritage, there could be no history. Without history there would be no hope." 3. Announcements, Community and Special Events and Presentations A. Mat Forrest of Ballard Partners to provide a post session legislative update. Mat Forrest of Ballard Partners provided a post session legislative update. The legislative session concluded on April 30th. Then there was a special session on gaming and that concluded two weeks ago on May 19th. The budget has not been sent to the Governor yet, which includes items for the City. There were 3,140 bills that were filed for consideration. Of that, 275 passed. That is only 8.7% that made it to the Governor. The Vacation Rental Bill failed to pass again. The City did receive $75K dollars for pedestrian crosswalk improvements. Bill HB35 that passed will give the City options on how they advertise their legal notices. Millions of dollars have been put into Workforce Housing. If the City is still looking for funds for affordable housing, there is still millions of dollars to be used. The Impact Fee bill changed limiting the Impact Fees to only 25% over a two-year period. Home Based Businesses bill changed the way the City can regulate home based businesses. The next session will start in January. The committee will start meeting in September, with the first meeting being September 20th Commissioner Penserga inquired about the projects that are being appropriated and how can the City be more successful in getting projects funded. Mr. Forrest responded that the State looks at projects to fund that will go beyond the budget cycle as opposed to programing money where it is spent once and it is done. Also look at what are the state-wide impacts of City projects and not just what can be done for Boynton Beach. Also remember that if the project is not a priority for the City, it is not a priority for Tallahassee. Mayor Grant inquired about the combating public disorder bill and the voting right bill. What does this mean for the City in the upcoming election and upcoming budget? If there is a current lawsuit against these bills how does it affect the City? Mr. Forrest replied that he never gives legal advice and suggested that he speak with Legal counsel and staff to look into each bill to see how it impacts City ordinances. In regards to the election bill, Mr. Forrest suggested that the City educate themselves on the new procedures. The changes made have an effect on the vote -by -mail process and not the way an election is ran. Mayor Grant stated that the City has an election next March and he wants to make sure the voters have enough time to receive their mail -in ballot and respond. 3 Page 779 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Mr. Forrest stated there may be a need for cities to re-educate their citizens on the mail - in ballot process. The election law is being challenged, but do not wait for the results to start the education process. Commissioner Romelus asked that staff reach out to the other representatives of the City and ask them if they would like to come and give a legislative update as well. Mayor Grant agreed with Commissioner Romelus. B. Announce that Pathways to Prosperity, Inc./BRIDGES at Boynton Beach will host their Annual back -to -school supply drive and giveaway on Saturday, July 31 st at the Ezell Hester Center. Kemberly Bush and Andre Thaddies will provide details about the event. Kemberly Bush, Pathways to Prosperity Inc./Bridges, stated that their goal is to expand their reach to more children in the City. Andre Thaddies, Outreach Coordinator, Pathways to Prosperity Inc./Bridges thanked the City Manager and staff for their hard work. The event will take place on July 31 st from 11 a.m. to 2 p.m. at the Ezell Hester Center. Keep in mind that in 17 months, schooling will be completely brick and mortar. The students of Boynton Beach are the priority. Donation boxes will be placed in various locations of the City, including City Hall, the Library, the Police Department, the Fire Station on High Ridge, the Ezell Hester Center, Carolyn Sims Center as well as the School House Museum. The event on July 31St will be drive-through. The back packs will be packed with school items and school uniforms. Mayor Grant inquired if Mr. Thaddies had contacts within the business community. Mr. Thaddies replied that he has started the process of reaching out to local businesses. An email has been sent about save -the -date. Businesses have replied inquiring about what they can do to be involved. Ms. Bush stated that there is a large need for shoes. Vice Mayor Hay commented that Pathways to Prosperity is doing an outstanding job in the City. He also inquired about their new location. Ms. Bush responded the new location is 639 E. Ocean Avenue, Suite 101. Pathways to Prosperity, is very excited about the new location and the work they will be doing with the City. Commissioner Romelus asked for an email address. Ms. Bush responded it is office c.or . C. The Florida Division of Blind Services nominated the City of Boynton Page 780 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Beach as an Exemplary Employer in Palm Beach County. The City will be recognized at the Florida Rehabilitation Council for the Blind's quarterly meeting on Thursday, May 27. Debbie Majors, Grants and ADA Coordinator, and Ted Goodenough, ADA Coordinator Assistant, announced that the City will be recognized at the Florida Rehabilitation Council for the Blind as Exemplary Employer in Palm Beach County. This recognition reflects the City's commitment to the Americans with Disabilities Act. It is an honor that the City is receiving the recognition. The City is the only city in Florida to receive this recognition. Mr. Goodenough started working for the City in 2019 through a work experience program through the Florida Division of Blind Services. It was a 12 - week program and he had just graduated from the Lighthouse for the Blind of the Palm Beaches. Since Mr. Goodenough has been with the City, the City has experienced "Tuesday's with Ted", an email that educated employees throughout the pandemic. Mr. Goodenough also works with the inclusion work business program to help educate and support City businesses. Mr. Goodenough also works with the student intern program at South Tech Academy. Ted Goodenough, ADA Coordinator Assistant, stated that it really is not about him, it is about the City. It is about the inclusive City of Boynton Beach that gives him a purpose every day. He has meaning in his life because he gets to come to work. The City allows him to teach people about the Americans with Disabilities Act and inclusion. He is proud of what the City does and brags about it all the time. D. Presentation of the 22nd annual "Bob Borovy Student Citizen of the Year" award by members ofthe Education & Youth Advisory Board. Dr. Valerie Valcourt, Education and Youth Advisory Board Member, stated that the Bob Borovy Student Citizen of the Year was created in 2000 to recognize a graduating high school senior who demonstrated the spirit of volunteerism and giving to the community. High school seniors write an essay on what they have learned from volunteer community service and provide three letters of recommendation. The winner must be of good moral character, performed significant volunteer work and made positive contributions to the community. The award is funded through donations made to the Education and Youth Advisory Board and the winner is selected by a panel of judges including last year's winner. Since induction of the award, the City of Boynton Beach has distributed $28,250 dollars in awards to 48 high school seniors. This year's recipient of the 22nd Annual "Bob Borovy Student Citizen of the Year" who will receive $1K dollars and have her name placed on a permanent plaque is Bencheta Beauziuex. Ms. Beauziuex graduated near the top of her class from the Ivy Program at Atlantic Community High School and performed over 250 hours of community service. Described by one of her teachers as the most committed and portentous student he has ever taught, Ms. Beauziuex was a member of the medical academy throughout high school and is a certified Emergency Medical Responder. Ms. Beauziuex's community service includes mentoring with the Adventure Club, tutoring younger children, and she participated in My Generation Program which brings teens and seniors together and visiting rotations to hospice. Ms. Beauziuex learned that we cannot control what happens in people's lives, all we can do is help them deal with it. Ms. Beauziuex will attend Florida International Page 781 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 University majoring in Biological Sciences and plans to become a Pathologist. Congratulations. Bencheta Beauziuex thanked the City for giving her the opportunity to be the Bob Borovy Student Citizen of the Year. Commissioner Romelus inquired about the donations not being tax deductible and if there was a way to change that. The change would allow the recipient to receive more award money. E. Announcement by Boynton Beach City Library's Marketing and Outreach Manager Madison Kjosa regarding Weather and Hurricane Preparedness with the National Weather Service virtual program in partnership with the National Weather Service from the Miami/South Florida Forecast Off iceon June 8, 2021 at 6:OOpm. Madison Kjosa, Boynton Beach City Library's Marketing and Outreach Manager, announced Weather and Hurricane Preparedness with the National Weather Service virtual program on June 8t" at 6 p.m. Go to boyntonlibrary.org to register for the event. Mayor Grant inquired if the event will be recorded. Ms. Kjosa responded yes, the recording will be uploaded to the Library's YouTube channel, as well as the City's YouTube Channel. F. Announcement by Boynton Beach City Library's Marketing and Outreach Manager Madison Kjosa regarding Boynton Beach City Library's Summer Reading Program and its Kick Off Partyon June 5, 2021 from 10 a.m. -1 p.m. Ms. Kjosa announced the City Library's Summer Reading Program Better Together Kick Off Party on June 5, 2021 from 10 a.m. to 1 p.m. outside at Centennial Park next to City Hall. Children (5-12 years) and teens (13-17 years) can register for the Summer Reading program, play fun lawn games, make crafts, and receive a free Kona Ice treat. Everyone who registers for the Summer Reading program and tracks the books they read from June 5 - August 5 can win prizes. Participants can stop by the Youth Services Library, located on the first floor of City Hall at 100 E. Ocean Ave., starting June 5t" at 9 am through August 4t" at 7 pm to sign up and pick up a book log. For more information, visit boyntonlibrary.org. G. Announcement by Eleanor Krusell, Communications and Marketing Director, regarding the ribbon cutting for the pride intersection on NE 1 st Street and Ocean Avenue on June 7 at 5:30 p.m. Eleanor Krusell, Marketing and Events Director, announced on June 7t", the City of Boynton Beach will be celebrating Pride Month with the ribbon cutting for the Pride Page 782 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 intersection on NE 1St Street and Ocean Avenue on June 7th at 5:30 p.m. For more information, visit Boynton- beach. org\pride. H. Announcement of D-Day/Midway Remembrance and Flag Day being hosted by Boynton Beach Veterans Task Force in June.and Flag Day being hosted by Boynton Beach Veterans Task Force in June. Kacy Young, Recreation and Remembrance and Flag Day L Force in June. There will be Beach Veterans Memorial Park. D-Day/Midway Remembrance. for Flag Day. Parks Director, announced the D-Day/Midway E)ing hosted by Boynton Beach Veterans Task wo events at the Tom Kaiser U.S.N. Boynton The first event will be on June 6th at 2 p.m. for The second event will be on June 13th at noon FY 2021/2022 budget workshops are scheduled to be held July 12-14, 2021 in the Police Station Community Room, 2100 High Ridge Road: Monday July 12, 2021: 5:30 p.m. Tuesday, July 13, 2021: 10:00 a.m. Wednesday, July 14, 2021: 2:00 p.m. (If needed) The Commission adopts a Preliminary Fire Assessment Rate Resolution and a Tentative MillageRate Resolution at these workshops. Mayor Grant read the dates and times for the FY 2021/2022 budget workshops. J. Proclaim Friday, June 4, 2021 as National Gun Violence Awareness Day. Wynna Dunmyerof Moms Demand Action for Gun Sense in America will accept the proclamation. Mayor Grant proclaimed June 4th as National Gun Violence Awareness Day. Wynna Dunmyer, a volunteer for Moms Demand Action for Gun Sense, accepted the proclamation. Ms. Dunmyer is grateful for the City recognizing National Gun Violence Awareness Day for a third year. Unfortunately, there are lives being taken every day. Last Christmas, Maxeem Murphey Jr. was killed in Boynton Beach. These are the people we need to remember every day. Over 40K Americans are killed every year from gun violence, two thirds of that number being suicides. There are plenty of tools that can be used to prevent gun violence. Secrets.org will provide non -legislative solutions to gun violence. There are so many things we can do, we just need the courage to do them. K. Proclaim the week of June 5, 2021 as National Garden Week. Co - Presidents Toni Cvetko and Lorie Wolff and members of the Boynton Beach Garden Club will be present to accept the proclamation. Mayor Grant proclaimed the week of June 5, 2021 as National Garden Week. Page 783 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Members of the Boynton Beach Garden Club accepted the proclamation. Mayor Grant commented that on June 5t" from 10 a.m. to 1 p.m. the Club will be handing out free plants at the City Garden located on the corner of NW 6t" Avenue and Seacrest. Commissioner Romelus thanked the Club for doing such a wonderful job at the City's Earth Day event. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission). George Feldman, 9778 Nickels Boulevard, a resident since 1996. Mr. Feldman is currently on the Library Board. Mr. Feldman requested that the City look into adding signage for the Library. He has heard from citizens that they have a hard time locating the Library. Mayor Grant commented that the elevator buttons are now clearly marked that the Library is on the second floor. He also stated that the City has greeters on the first floor as you enter the building to point people in the right direction. Vice Mayor Hay thanked Mr. Feldman for bringing this issue to the Commission's attention and informed Mr. Feldman that Assistant City Manager Mack is already working on this issue. Andrew Mack, Assistant City Manager, responded that the City is working on a wayfinding package and it should be available in a month or two. He will provide Craig Clark, the Library Director, with an update to pass on to the Board. Sandra Raffaelli, Founder and CEO of aZul For Better Living, an organization empowering adult with disabilities by using fashion, art and design. Ms. Raffaelli thanked the City for a successful clothing drive. The amount of clothing donated was remarkable. This Saturday, June 5t", the clothes will be distributed to the designers to be used in their new designs. Chiara Simone Flores, Flores Design, also thanked the City for the wonderful donation. Jackie Carrigan, 2620 NE 3rd Court, thanked Vice Mayor Hay for coming to her complex and addressing the public safety problem they were having. Vice Mayor Hay and Mr. Gary Dunmyer provided the complex with educational information. The information provided, helped people make educated decisions on the public safety Page 784 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 problem within the complex. Ms. Carrigan also stated that she has heard that people are having a hard time finding the Library. Victor Gaud, 253 Lake Monterey Circle, Library Board member, also requested additional Library signage. 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisoryboards. Mayor Grant read the vacancies. Motion Commissioner Katz nominated Charles Kanter as a regular member to the Recreation and Parks Board. Commissioner Penserga seconded the motion. The motion passed unanimously. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Legal Expenses - April 2021 - Information at the request of the City Commission. No action required. B. Proposed Resolution No. R21-051 -Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and FH Quantum LLC for the 4th of July event to be held Sunday, July 4, 2021. C. Proposed Resolution No. R21-052 - Authorize the Mayor to sign a land use agreement betweenthe City of Boynton Beach and Journey Church for the 4th of July event to be held Sunday, July4, 2021. D. Approve minutes from the City Commission meeting on May 18, 2021. Motion Commissioner Katz moved to approve Consent Agenda. Commissioner Romelus seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over $100,000 E Page 785 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 A. Proposed Resolution No. R21-053 -Approve and authorize the City Manager to sign all required documents for the purchase of 135 TASER 7 "Smart Tasers" from Axon Enterprise, Inc. of Scottsdale, AZ; and enter into a five (5) year purchase plan with Axon Enterprise, Inc. with yearly payments; $108,250.00 for the first year, and $103,500.00 each year thereafter for a totalof $522,250.00 over the five (5) year period. Motion Commissioner Katz moved to approve Consent Bids and Purchases of $100,000. Commissioner Penserga seconded the motion. The motion passed unanimously 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 21-016 Second Reading - Approve amendments to Advisory BoardOrdinance amending Chapter 27, "Advisory Boards and Committees", Section 27-2 providing for selection of the Chair and Vice - Chair; and amending Section 27-22 "Definitions" to correct a scrivener's error. Assistant City Attorney Bridgeman read proposed Ordinance No. 21-016 into the record by title only, on Second Reading. Motion Vice Mayor Hay moved to approve Ordinance No. 21-016. Commissioner Penserga seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. 9. City Manager's Report A. At the request of Commissioner Penserga, enclosed is a memorandum outlining rental procedures for City Facilities including Facility Rentals, Pavilion Rentals, Athletic Field Rentals, and SpecialEvent Permits. Kacy Young, Recreation and Parks Director, reviewed the rates and fees for the City Facility Rentals. Mayor Grant inquired if the City has any regulations on preventing people from bringing their own grill to City parks. He also stated that the language in the City's Ordinances 10 Page 786 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 needs to be updated. In addition, the "no amplified music" language needs to be changed in the City ordinances. Commissioner Katz requested that legal provide the legal definition of amplified music. Vice Mayor Hay stated the level of the sound needs to be consider as well. Attorney Cherof, commented that the City does have an ordinance on noise and sound control and that the Mayor is correct that the ordinance is a more property oriented or street oriented and what is audible at a certain distance. The Attorney's office will work with staff and provide language that addresses sound intrusion in public areas with appropriate definitions for the Commission's review. Mayor Grant asked if legal is updating the recreation and parks ordinances. Attorney Cherof replied that legal will do a comprehensive review of the recreation and parks ordinances. 10. Unfinished Business A. Monthly update on the Town Square project by JKM Developers Mayor Grant commented that he had spoken with Ms. Jane Smith with the Coastal Star and she stated that the attachment for this item was missing. John McNally, ITS Director, stated that he does have a PowerPoint presentation for this item. Assistant City Manager Mack, commented that the City did receive an email late in the afternoon with an update. Unfortunately, it could not be published with the agenda and suggested that this item be tabled to the next City Commission meeting. Commissioner Romelus inquired about the time the update was received by the City. Assistant City Manager Mack, stated that the presentation was not from Mr. John Markey. The letter of update did go to the Commission. The letter could not be published with this agenda and that is why he requested the item to be tabled. Commissioner Romelus asked who requested this item to be delayed. Assistant City Manager Mack replied that he requested the item to be delayed so the update can be published with the next agenda. Vice Mayor Hay commented that he can read the updated emails that were received by the Commission. Page 787 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Mayor Grant stated that he will read the update: "Mr. Jack Weir called this morning and advise that he received a phone call from Mr. John Markey this morning and he was no longer interested in selling the property. 1 conferred with Attorney Cherof and advised Mr. Jack Weir not to attend the City Commission meeting tonight. The City has not received any information related to this matter, if you do please forward to me and Jim thank you. " That was the email from the City Manager sent at 10:40a.m. this morning. Commissioner Romelus inquired if the City has a deadline on when a report or an update has to be sent to the City. Assistant City Manager Mack replied that there is no deadline on when a report or an update needs to be provided to the City. Motion Commissioner Romelus moved to table this item to the June 15th Commission meeting. Vice Mayor Hay seconded the motion. The motion passed unanimously. 11. New Business A. Commissioner Penserga requested information regarding economic development incentive programs offered by other cities throughout the County. David Scott will present some examplesof programs provided by West Palm Beach, Delray Beach, Palm Beach Gardens and others. Commissioner Penserga requested that this item be tabled to the next City Commission meeting. 12. Legal A. Proposed Resolution No. R21-054 - Approve the City's participation in the Memorandum of Understanding which establishes the allocation of settlement funds arising from the statewide Opioid Litigation. Mayor Grant stated that he received a letter from the Florida Attorney General stating that this is creating a class action lawsuit and by participating in the Memorandum of Understanding, the City will be included in the lawsuit. Commissioner Romelus inquired about why the City of Delray Beach is receiving more allocations than the City. Assistant City Attorney Bridgeman responded that the breakdown of allocation for each city has three different possibilities. 12 Page 788 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Attorney Cherof stated that the City's allocation was $59,767 dollars and Delray's allocation was $68,610 dollars. Commissioner Romelus clarified that she wanted to know what was the calculation used to figure out the amount of the allocations. Is the calculation based on population? Assistant City Attorney Bridgeman replied that the Attorney's office can look into that further and get back to her. Mayor Grant stated that he believes that Delray had representation and that Boynton Beach is not accurately receiving the money that the City has spent on treating Opioid overdoses. Commissioner Romelus stated if that is the case she is not going to fight it. Assistant City Attorney Bridgeman stated that page four of the attachment gives the calculation breakdown. Mayor Grant commented that if the City filed a lawsuit previously the City would have received a larger allocation. Mayor Grant inquired if the City does not accept the Memorandum of Understanding, can the City file a separate lawsuit. Attorney Cherof replied that the Memorandum of Understanding is the sole opportunity for the City to receive funds. Motion Commissioner Romelus moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. Attorney Cherof stated that the Memorandum of Understanding may come back to the Commission if there are any significant changes made. Mayor Grant requested a clarification on the calculations and the cost of the City's response to the opioid epidemic. Assistant City Attorney Bridgeman state that she knows that the Police and Fire Department have been tracking the City's response to opioid overdoses for other purposes so it will be possible to get data on those costs. B. Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: Patrick McFadden, Plaintiff vs. City of Boynton Beach, and Mark Sohn, Defendants — United States District Court, Southern District of Florida, Case Number: 9:20-cv-81237-RS 13 Page 789 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Assistant City Attorney Bridgeman, stated that Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: Patrick McFadden, Plaintiff vs. City of Boynton Beach, and Mark Sohn, Defendants — United States District Court, Southern District of Florida, Case Number. 9.20-cv- 81237-RS. In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Approximately 45 minutes will be needed. The mediation for this case is June 18th requesting the closed -door session take place prior to the City Commission meeting on June 15th There was a consensus of the Commission to have a closed -door session on June 15th at 4:15 p.m. C. Proposed Ordinance 21-018 First Reading - Approve amending Chapter 2, Section 2-1.2 "Vice Mayor Appointment" providing for annual appointment or reappointment of new Vice -Mayor for a one-year term. Assistant City Attorney Bridgeman read proposed Ordinance No. 21-018 into the record by title only, on First Reading. Motion Commissioner Romelus moved to approve with discussion. Vice Mayor Hay seconded the motion. Commissioner Romelus stated that she wants to make sure that the language in this Ordinance reflects that it is possible for a vice mayor to serve two consecutive terms if the board were to reappoint that Commissioner. Assistant City Attorney Bridgeman commented that the current language of the Ordinance states: "Any member of the City Commission who has not previously served as Vice -Mayor during his or her current term of office may be selected to serve as Vice - Mayor. " Commissioner Romelus stated that she would like for that language to be adjusted. Attorney Cherof commented that if there is a consensus of the Commission on changing the language, the Ordinance will be returned with additional strikethrough language that deals with that issue. Vice Mayor Hay inquired what is the definition of a term. Attorney Cherof responded that a term is three years. Vice Mayor Hay questioned will this allow the person to be Vice Mayor for their entire 14 Page 790 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 term. Commissioner Romelus replied no. Vice Mayor Hay stated he likes that the Vice Mayor serves for one year and then goes to the next Commissioner. It is only fair and believes it is problematic when Vice Mayors are allowed to serve multiple terms. Commissioner Romelus thanked Vice Mayor Hay and commented that the initial issue was that the Commission was not re -appointing a Vice Mayor every year, especially on off election years, so that problem is now being resolved with this Ordinance. The proposal that she is making is simply that in a year where there are four new Commissioners on the dais, you may need a Vice Mayor that has past experience and can be reappointed within their three-year term. Mayor Grant stated hypothetically in 2023, you have commissioner one serves as the Vice Mayor, and then in 2024 commissioner one is re-elected to Vice Mayor, is that currently allowed for to serve twice in their current one term of three years? Attorney Cherof replied that under the current terminology, a member of the Commission can serve as the Vice Mayor once during their first three-year term and once as Vice Mayor in their second three-year term. But they cannot serve as Vice Mayor twice in their first term or twice in their second term. Mayor Grant stated that giving everyone the opportunity to be Vice Mayor is important. It is a learning experience and it is part of being a Commissioner. Commissioner Penserga stated that he supports the proposal made by Commissioner Romelus. Commissioner Katz agreed with Vice Mayor Hay that multiple years can be problematic. Commissioner Romelus stated that she drops her proposal. Vote City Clerk Gibson called the roll. The vote was 5-0. 13. Future Agenda Items A. Staff to provide an update on the COVID-19 Vaccine Distribution - June 15, 2021 B. Hear presentation from City staff on Neighborhood Traffic Calming Program - June 15, 2021 C. First reading of ordinance relating to monuments on City property - June 15, 15 Page 791 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 2021 D. Discussion regarding proposal from Surfing Florida Museum - June 15, 2021 E. Discussion on options and alternatives for public meeting record archives. - June 15, 2021 F. Staff to present Resolution adding reversionary language to Planning and Zoning applications. - July 6, 2021 G. Mayor Grant requested information on the water quality of canal systems within the City. Staff isrequesting SFWMD to present this information - July 6, 2021 H. Staff to provide an update on the American Rescue Plan - July 6, 2021 I. Update from staff on Head Start lease options - July 6, 2021 J. Approval of Lease Agreements for City Hall Innovation Space and Cafes Operators - July 20,2021 K. Commissioner Penserga requested a discussion regarding a City Mural Program - July 2021 L. Discussion on funding for expanding Wi-Fi to City parks. - Will be presented during BudgetWorkshop Commissioner Romelus requested information on how to make the Bob Borovy donations tax deductible. She also requested an audit on the roll out of the e - permitting system. She suggested a comparison of permits from years past to the permits that are in the e -permitting program to see if there has been an improvement in the City's permitting services. Assistant City Manager Mack commented that the e -permitting was rolled out on May 26th and has been a success so far. He will have staff put together information to bring back to the Commission. Commissioner Penserga requested an update on the City-wide Wi-Fi Mayor Grant pointed out that update will be discussed at the Budget Workshops, unless Commissioner Penserga would like the information before July. Commissioner Penserga commented that the Budget Workshops are fine for the update on the City-wide Wi-Fi. Mayor Grant commented that he would like for the Commission to think about ways to preserve the Nickels Boulevard parcel for greenspace for the City. He also asked the 16 Page 792 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Commission to think about how the City can raise money for the tree canopies? Commissioner Katz requested that staff reach out to the organizer of the Garlic Fest to see if they are looking for a permanent home for their event. Mayor Grant commented that he met with Nancy Stewart, the event organizer, last week and gave Ms. Stewart a tour of the City's facilities. Ms. Stewart stated that they are definitely interested in planning events in the City. Commissioner Romelus agreed with Commissioner Katz to have staff reach out to the Garlic Fest event organizer. Her concern is the parking. She also has events in mind that she feels would be phenomenal. The Griot Festival in West Boca brings people in from all over the country to celebrate Hattian Culture. The festival did not happen last year because of Covid. She does know that they are looking for a venue to hold their event. John McNally, stated as a reminder, a recorded version of this session would be posted to the City of Boynton Beach's YouTube channel. Links to that channel are available on the City of Boynton Beach's website at: www.Boynton-Beach.Org. This concludes tonight's meeting. 14. Adjournment There being no further business, Mayor Grant adjourned at 7:37 p.m. 17 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner—Justin Katz Commissioner— Christina Romelus Page 793 of 943 Meeting Minutes City Commission Boynton Beach, FL June 1, 2021 Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione Deputy City Clerk Page 794 of 943 AM Public Hearing 6/15/2021 Requested Action by Commission: Proposed Ordinance No. 21-014 - Second Reading - Approve amendment to the Future Land Use Map (LUAR 21-003) for the Knuth Road property from Local Retail Commercial (LRC) to Mixed Use Low (MXL). City -initiated. Proposed Ordinance No. 21-015 - Second Reading - Approve Rezoning (LUAR 21-003) of the Knuth Road property from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. City -initiated. Explanation of Request: The City Commission at their April 20, 2021 meeting approved first reading of Ordinances 21-014 and 21-015 for Land Use and Rezoning amendments of the 12.52 -acre Knuth Road parcel, located at the southwest corner of Knuth Road and West Boynton Beach Boulevard. As the property is in excess of 10 acres, it is deemed a large scale Amendment to the comprehensive plan and subject to State review. The State agencies have completed their review and the City has received no objections to the proposed amendments. Therefore, staff recommends the City Commission proceed with approval of second reading of the ordinances. Additional information on this item is summarized in the attached staff report. How will this affect city programs or services? N/A Fiscal Impact: None at the present time. W hen the land owner or developer bring forward a development plan for City Commission approval, increased property valuation, tax revenue, building and business tax fees can be expected. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Page 795 of 943 Attachments: Type D OrdinainCE) D OrdinainCE) D Staff IRE)port D I ocaboin li ap D Exhibit D Exhibit D Exhibit D Exhibit Description Ordinal['IC2, appirtnkng Ila ind LJISE, dE)Siginaboin for KII'lUlth IRoa d Ordinal['IC2, appirtnkng r'E)ZC)I['lil['lg KII'lUlth Ifoad pirolPE)irty Staff IRE)port I ocaboin as CL.Jlir'ir'E)l['It F:::L.JltL.Jlir'E) I aind USE) IMap FlrolPOSEd F:::L.JltL.Jlir'E) I aind USE) IMap CL.Jlir'ir'E)l['It Map FlrolPOSEd Zoiniing IMap Page 796 of 943 1 ORDINANCE NO. 21-014 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS KNUTH ROAD AND 7 DESCRIBED HEREIN, CHANGING THE LAND USE 8 DESIGNATION FROM LOCAL RETAIL COMMERCIAL (LRC) TO 9 MIXED-USE LOW (MXL); PROVIDING FOR CONFLICTS, 10 SEVERABILITY, AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 13 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 14 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 15 Comprehensive Planning Act; and 16 WHEREAS, the procedure for amendment of a Future Land Use Element of a 17 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 18 WHEREAS, after two (2) public hearings the City Commission acting in its dual 19 capacity as Local Planning Agency and City Commission finds that the amendment 20 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 21 in the best interest of the inhabitants of said City to amend the Future Land Use Element 22 (designation) of the Comprehensive Plan as hereinafter provided. 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 24 CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 26 herein by this reference. 27 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 28 Future Land Use of the following described land: 29 ALL OF TRACTS 9 AND 10 LYING SOUTH OF NEW BOYNTON ROAD 30 (STATE ROAD NO. 804) AND TRACTS 23 AND 24, PALM BEACH 31 FARMS COMPANY PLAT NO. 8, ACCORDING TO THE PLAT THEREOF 32 RECORDED IN PLAT BOOK 5 AT PAGE 73 OF THE PUBLIC RECORDS 33 OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 15.0 FEET 34 THEREOF, and 35 LESS THAT PART OF LOTS C, D AND E TRACT 9, THE PALM BEACH 36 FARMS CO. PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, 37 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO 38 THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 73 OF THE S:ACA\Ordinances\Planning\Land UseAKnuth Road LUA - Ordinance (Second Reading).Docx Page 797 of 943 39 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED 40 AS FOLLOWS: COMMENCE AT THE POINT OF INTERSECTION OF 41 THE EAST LINE OF SAID TRACT 9 WITH THE SOUTH RIGHT OF WAY 42 LINE FOR STATE ROAD 804, AS SAID SOUTH RIGHT OF WAY LINE IS 43 SHOWN IN ROAD PLAT BOOK 2, PAGE 219 OF THE PUBLIC RECORDS 44 OF PALM BEACH COUNTY, FLORIDA; THENCE S.88°28'40"W., 45 ALONG SAID RIGHT OF WAY LINE, 15.01 FEET TO THE POINT OF 46 BEGINNING; THENCE CONTINUE S.88°28'40"W., ALONG SAID 47 SOUTH RIGHT OF WAY LINE, 185.07 FEET; THENCE S.0°00'00"E., 48 264.00 FEET; THENCE N.90°00'00"E., 185.00 FEET TO A LINE 15 FEET 49 EAST OF AND PARALLEL WITH THE SAID EAST LINE OF TRACT 9; 50 THENCE N.0°00' 00"E., ALONG SAID PARALLEL LINE, 268.92 FEET TO 51 THE SAID POINT OF BEGINNING, CONTAINING 49,295 SQUARE FEET 52 OR 1.1317 ACRES MORE OR LESS. 53 54 is amended from Local Retail Commercial (LRC) to Mixed -Use Low (MXL). 55 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 56 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 57 Land Development Regulation Act. No parry shall be vested of any right by virtue of the 58 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 59 including appeals, are exhausted. In the event that the effective date is established by state law 60 or special act, the provisions of state act shall control. 61 FIRST READING this 20th day of April, 2021. 62 SECOND, FINAL READING and PASSAGE this 15th day of June, 2021 63 CITY OF BOYNTON BEACH, FLORIDA 64 YES NO 65 66 Mayor — Steven B. Grant 67 68 Vice Mayor — Woodrow L. Hay 69 70 Commissioner — Justin Katz 71 72 Commissioner — Christina L. Romelus 73 74 Commissioner — Ty Penserga 75 76 VOTE 77 S:ACA\Ordinances\Planning\Land UseAKnuth Road LUA - Ordinance (Second Reading).Docx Page 798 of 943 78 ATTEST: 79 80 81 82 Crystal Gibson, MMC 83 City Clerk 84 85 86 87 (Corporate Seal) S:ACA\Ordinances\Planning\Land UseAKnuth Road LUA - Ordinance (Second Reading).Docx Page 799 of 943 1 ORDINANCE NO. 21-015 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 KNUTH ROAD FROM PCD PLANNED COMMERCIAL 7 DEVELOPMENT TO SMU SUBURBAN MIXED USE; PROVIDING 8 FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 12 WHEREAS, the City has made application to rezone land, said land being more 13 particularly described hereinafter, from PCD Planned Commercial Development to SMU 14 Suburban Mixed Use; and 15 WHEREAS, the City Commission conducted public hearings as required by law and 16 heard testimony and received evidence which the Commission finds supports a rezoning for the 17 property hereinafter described; and 18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 19 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing Whereas clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from PCD, 25 Planned Commercial Development to SMU, Suburban Mixed Use. A location map is attached 26 hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal Description: 27 ALL OF TRACTS 9 AND 10 LYING SOUTH OF NEW BOYNTON ROAD (STATE 28 ROAD NO. 804) AND TRACTS 23 AND 24, PALM BEACH FARMS COMPANY PLAT 29 NO. 8, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5 AT 30 PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS 31 THE EAST 15.0 FEET THEROF, and 32 LESS THAT PART OF LOTS C, D AND E TRACT 9, THE PALM BEACH FARMS CO. 33 PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM 34 BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED 35 IN PLAT BOOK 5, PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH 36 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE POINT OF 37 INTERSECTION OF THE EAST LINE OF SAID TRACT 9 WITH THE SOUTH RIGHT 1 S:ACA\Ordinances\Planning\Rezoning\Knuth Road - Rezone - Ordinance (Second Read).Docx Page 800 of 943 38 OF WAY LINE FOR STATE ROAD 804, AS SAID SOUTH RIGHT OF WAY LINE IS 39 SHOWN IN ROAD PLAT BOOK 2, PAGE 219 OF THE PUBLIC RECORDS OF PALM 40 BEACH COUNTY, FLORIDA; THENCE S.88°28'40"W., ALONG SAID RIGHT OF 41 WAY LINE, 15.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 42 S.88028'40"W., ALONG SAID SOUTH RIGHT OF WAY LINE, 185.07 FEET; THENCE 43 S.0000'00"E., 264.00 FEET; THENCE N.90000'00"E., 185.00 FEET TO A LINE 15 FEET 44 EAST OF AND PARALLEL WITH THE SAID EAST LINE OF TRACT 9; THENCE 45 N.0000'00"E., ALONG SAID PARALLEL LINE, 268.92 FEET TO THE SAID POINT 46 OF BEGINNING, CONTAINING 49,295 SQUARE FEET OR 1.1317 ACRES MORE OR 47 LESS Irl 49 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 50 accordingly. 51 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 52 Section 5. Should any section or provision of this Ordinance or any portion thereof be 53 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 54 remainder of this Ordinance. 55 Section 6. This ordinance shall become effective immediately upon passage. 56 FIRST READING this 20th day of April, 2021. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 SECOND, FINAL READING and PASSAGE this 15th day of June, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE 2 S:ACA\Ordinances\Planning\Rezoning\Knuth Road - Rezone - Ordinance (Second Read).Docx YES NO Page 801 of 943 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-007 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: May 28, 2021 PROJECT: Knuth Road LUAR 21-003 REQUEST: Approve Knuth Road Future Land Use Map Amendment from Local Retail Commercial (LRC) to Mixed Use Low (MXL), and Rezoning from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. City -initiated. PROJECT DESCRIPTION Property Owner: Knuth Rd Trust & Knuth Gas & Oil Inc. Applicant: City -initiated Location: Southwest corner of Knuth Road and West Boynton Beach Boulevard Existing Land Use/ Zoning: Local Retail Commercial (LRC) / PCD, Planned Commercial Development Proposed Land Use/ Zoning: Mixed -Use Low (MXL) / SMU, Suburban Mixed -Use Proposed Use: No use proposed at this time Acreage: 12.52 acres Page 802 of 943 Page 2 Knuth Road LUAR 21-003 Adjacent Uses: North: On the northwest, right-of-way of West Boynton Beach Boulevard, then developed commercial properties in unincorporated Palm Beach County, classified Commercial High with an underlying HR - 8 and zoned CN Neighborhood Commercial and CS, Commercial Specialized; on the northeast, developed commercial property (gasoline station), classified Local Retail Commercial and zoned PCD, Planned Commercial Development; further north, right-of- way for West Boynton Beach Boulevard and then developed commercial property in the City, classified Local Retail Commercial and zoned C-3, Community Commercial; South: Developed residential community of Quail Ridge Country Club in Palm Beach County, classified Low Residential and zoned AR, Agricultural Residential; East: Right-of-way of Knuth Road; farther northeast, developed commercial retail property (Aldi Grocery), classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; further south, developed office property, classified Office Commercial (OC) and zoned C-1, Office Professional and then developed residential community of Stonehaven, classified Low Density Residential (LDR) and zoned PUD, Planned Unit Development; and West: Developed residential community of Quail Ridge Country Club in Palm Beach County, clasified Low Residential and zoned AR, Agricultural Residential. BACKGROUND The 12.52 acre parcel is one of the few remaining large vacant parcels in the City. It was annexed to the City on December 18, 1990 and concurrently approved for the City's Future Land Use classification of Local Retail Commercial (LRC) and City's zoning designation of PCD, Planned Commercial Development (Ordinances 090-61, 091-69 and 090-70). The approvals covered 13.65 acres, including 1.13 -acre outparcel on the southwest corner of West Boynton Beach Boulevard and Knuth Road. The masterplan was approved for 120,000 square feet of commercial space, including 35,000 square feet for a major department store. On May 21, 1996 the city approved a site plan for a convenience store and a gasoline station on the above mentioned outparcel. The remaining part of the property—the subject of the city -initiated Future Land Use Map (FLUM) Amendment and rezoning— is currently vested consistent with the approved master plan. 2 Page 803 of 943 Page 3 Knuth Road LUAR 21-003 PROCESS Since the size of the property under consideration exceeds ten acres, the proposed Future Land Use Map amendment is subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. If the City Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively planned for April 2021. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.13 and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. There are two major factors contributing to the need for the proposed amendment: • The probability of construction of a large commercial development on the subject property per the approved 1990 master plan is extremely low. The market support for such development has been steadily decreasing, replaced by mixed use projects with residential components. The trend accelerated within the last few years. The PCD zoning district does not allow residential uses; arguably, at this point the district can be considered obsolete. Future redevelopment of several existing PCDs and areas with C-3 Community Commercial Zoning west of 1-95 are likely to use Mixed Use Low (MXL) future land use and SMU, Suburban Mixed Use zoning. • Over the years, the property attracted attention of numerous investors, but the existence of the gasoline station on the outparcel has consistently thwarted attempts to develop the property. The use is nonconforming because of its location— gasoline stations are only allowed on properties located at three-way or four-way intersections involving arterial and collector roads as designated by the Comprehensive Plan, and Knuth road does not have a collector designation. Moreover, gasoline stations are not allowed in SMU zoning districts. To facilitate development of the property by addressing the above issues, the city is initiating FLUM amendment and rezoning for the vacant 12.52 acre lot, reclassifying it from Local Retail Commercial (LRC) to Mixed -Use Low (MXL), and rezoning from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. 3 Page 804 of 943 Page 4 Knuth Road LUAR 21-003 b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 d Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems and services, and promote compact development, safe and pedestrian -friendly streets, and provide transportation choices. Policy 1. 8.2 The City shall discourage urban sprawl by; A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non -strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. In 2018, staff initiated work on a comprehensive redevelopment plan for the Congress Avenue Corridor. The plan has yet to be completed, but the preliminary future land use recommendation for development and redevelopment of areas along or nearby Congress Avenue is the Mixed Use Low (MXL), with a corresponding SMU zoning. The subject requests do not include master plan/site plan. If approved, the amendments should renew the market's interest in the property and support a mix -use master plan consistent with the City's vision for the property. Any future master plan for the site will require City Commission review and approval after public hearings are conducted. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. 4 Page 805 of 943 Page 5 Knuth Road LUAR 21-003 See response to criterion "a." Moreover, the land use pattern in adjacent and nearby areas is eclectic: it incorporates commercial uses of office and retail as well as single- family residential uses. The proposed FLU category and zoning district will allow for both residential and commercial uses but, given the market trends, staff is anticipating a future master plan to consist mostly of multifamily dwellings, with some street -fronting commercial uses as required by the Land Development Regulations. Any possible negative impacts of incompatibility between the potential height and bulk of multifamily buildings and adjacent single-family homes, particularly those in Quail Ridge Country Club to the west and south of the subject parcel, will be specifically mitigated through the master plan's design features. The parcel does not directly abut any residential structures within Quail Ridge, only the golf course itself. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLU and zoning designations support a sustainable integration of a mix of uses. As noted earlier in this report, the master plan is not included in the subject request but when submitted, it will be reviewed for sustainability per the City's Sustainable Development Standards ordinance. The ordinance requires all projects to incorporate specific required design features (i.e., white roof, warm outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Both potable water and sewer mains are available adjacent to the site, but, depending on the master plan, the mains and /or force main piping may require upsizing. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The traffic impact analysis will be submitted to the Palm Beach County Traffic Division at the time of master plan application. 5 Page 806 of 943 Page 6 Knuth Road LUAR 21-003 Schools. The School Capacity Availability Determination application will be submitted to the School District of Palm Beach County at the time of master plan application. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the responses to criteria "a", "b" and "c". The property will be difficult to develop under the current commercial -only PCD zoning. As noted before in this report, staff initiated work on a comprehensive redevelopment plan for the Congress Avenue Corridor. The plan has yet to be completed, but staff's preliminary future land use recommendation for development and redevelopment of areas along or nearby Congress Avenue is the Mixed Use Low (MXL) with a SMU zoning, same as FLU and zoning designations requested for the subject property. Note also that the potential traffic impact of a project supported by the proposed amendment would be considerably lower than than the impact generated by a large commercial development. Finally, the future master plan will require features designed to mitigate any potential negative impacts of the project's height and scale on the adjacent low-rise residential properties. The proposed amendments are related to the needs of the neighborhood and the City as a whole. A future mixed-use project will meet a stringent design standards, generate demand for commercial uses located along Congress Avenue corridor, and encourage further modernization of older developments. g. Direct Economic Development Benefits. For rezoning / FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would.- (1) ould. (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base, (3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; Cel Page 807 of 943 Page 7 Knuth Road LUAR 21-003 (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. The proposed amendment would encourage development of the site and thus contribute to the enhancement of the City tax base, as a demand for multifamily dwellings appear to continue unabated. A required commercial component will also create jobs. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions. (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. See criterion "a." The request reduces the amount of land available for commercial -only development since it would reclassify most of the subject site currently under the Local Retail Commercial (LRC) FLU category into the Mixed -Use Low (MXL) category. Even though the future project will likely be predominantly multifamily residential, it will require a commercial component. Moreover, apartment residents will create demand for commercial uses throughout the Congress Avenue Corridor area. Ultimately, an increase of City tax revenue will be considerable. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are not comparable sites (this is a site looking for a development option, rather than a use looking for a site). See criterion "a." j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The future master plan/site plan shall comply with the requirements of the SMU zoning district. 7 Page 808 of 943 Page 8 Knuth Road LUAR 21-003 RECOMMENDATION This is a City -initiated FLU amendment and rezoning, therefore staff recommends that the request be approved. S:\Planning\SHARED\WP\PROJECTS\Knuth Road\Knuth Rd LUAR 21-003\Knuth Road LUAR 21-003 Staff Report.doc Page 809 of 943 LOCATION MAP EXHIBIT A J 75 150 300 450 Feet Page 810 of 943 EXHIBIT B KNUTH ROAD: CURRENT FLU IJ,1411 = oc 0 Legend LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) MIXED USE LOW (MXL); 20 D.U./Acre 0 115 230 460 690 Feet Page 811 of 943 EXHIBIT B1 KNUTH ROAD: PROPOSED FLU IJ,1411 = oc 0 Legend LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) MIXED USE LOW (MXL); 20 D.U./Acre 0 115 230 460 690 Feet Page 812 of 943 EXHIBIT C J 95 190 380 570 Feet Page 813 of 943 EXHIBIT Cl KNUTH ROAD: PROPOSED ZONING J 95 190 380 570 Feet Page 814 of 943 AW Public Hearing 6/15/2021 Requested Action by Commission: Proposed Ordinance 21-018 Second Reading - Approve amending Chapter 2, Section 2-1.2 "Vice Mayor Appointment" providing for annual appointment or reappointment of new Vice -Mayor for a one year term. Explanation of Request: Both the City Charter and the City Code contain provisions for selection of a Vice Mayor. In order to resolve any conflict in application of the Charter and Code provisions, the City Commission finds that the intent of the Charter and Code is to provide for a one year term for Vice Mayor and for annual appointment of a Vice Mayor without regard to whether there is a municipal election in the year of selection. At the City Commission meeting on May 4, 2021, the City Commission requested that the timing of the appointment of the Vice -Mayor be clarified. How will this affect city programs or services? n/a Fiscal Impact: None Alternatives: Not approve the Ordinance and continue with the current way of electing a Vice -Mayor. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type f firdliir:air CE) Description f firdliir:a l['IC2, a irTIE)i:dliir g Cha ptE)ir 2 of th E) Cods Of f firdliir:a ll'I :ass ir'Esgairdliir:g ViC21 lMayor SE)lb'Cti()111 Page 815 of 943 I ORDINANCE NO. 21- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING CHAPTER 2, SECTION 2-1.2 "VICE 5 MAYOR APPOINTMENT" PROVIDING FOR ANNUAL 6 APPOINTMENT OR REAPPOINTMENT OF NEW VICE - 7 MAYOR FOR A ONE YEAR TERM; PROVIDING FOR REPEAL 8 OF LAWS IN CONFLICT, SEVERABILITY, CODIFICATION 9 AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission has requested clarification of the appointment of the 12 Vice -Mayor; and 13 WHEREAS, the proposed changes to Chapter 2, Section 2-1.2 of the City Code of 14 Ordinances clarify that the appointment or reappointment of a Vice -Mayor is on an annual basis. 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 16 CITY OF BOYNTON BEACH, FLORIDA THAT: 17 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 18 being true and correct, and are hereby incorporated herein and made a part hereof. 19 Section 2. Both the City Charter and the City Code contain provisions for selection of 20 a Vice Mayor. In order to resolve any conflict in application of the Charter and Code provisions, 21 the City Commission finds that the intent of the Charter and Code is to provide for a one year term 22 for Vice Mayor and for annual appointment of a Vice Mayor without regard to whether there is a 23 municipal election in the year of selection. 24 Section 3. Chapter 2, Section 2-1.2 "Vice -Mayor Appointment" of the City's Code of 25 Ordinances is hereby amended to read as follows: 26 Sec. 2-1.2. Vice -Mayor appointment. 27 At the ;iii„ir,,,,,,,st pig„i„ii,,ii,pi!,,,,,,,i,,,iii„i!„9,,,,,,ii,!,,,,,,i„irii„�,,,,,,p;f,,,,,,each,,,,,,,y!SeGGr. 28.... ! w ii. 1....Rl' the City 29 Commission shall appoint one of its members to serve as Vice -Mayor. Any member 30 of the City Commission who has not previously served as Vice- Mayor during his or {00445593.2306-9001821} S:ACA\Ordinances\Vice Mayor Selection Chapter 2 - Ordinance.docx Page 816 of 943 31 her current term of office may be selected to serve as Vice-Mayor. No second of the 32 nomination is required. Voting shall occur in the following manner: Voting shall be 33 by voice vote. Each member of the Commission shall vote for one nominee in each 34 round of voting until one person obtains a majority vote. If no nominee obtains a 35 majority in round one, , ,s e,goli dround of voting Oji„�],,,,,0CCL.!,,!r,but the 36 nominee with the least number of votes ii o. the Hirst r0L.I. �d does not move on to round ............................................................................................................................ 37 two. I f the Cornrniissiioii] its u�2able to a 2Jnt a Viice Ma or as roviided hereiiii�, the 38 reviiousl aEi qii„ii ted Nike ll „ or wiill COrltiirlUe to serve in that ca acirt�r for another 3 9II 1, ', ,! ,! 1 , ° FWxeS R---�” r� �� 4w� e44 rn w� e �-, est- 40 war If only one member is nominated to serve as Vice-Mayor, the Mayor 41 shall declare the nominee appointed by acclamation without the necessity of a vote. 42 43 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in 44 conflict herewith be and the same are hereby repealed to the extent of such conflict. 45 Section 5. If any clause, section, or other part or application of this Ordinance shall be 46 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 47 invalid part or application shall be considered as eliminated and so not affecting the validity of the 48 remaining portions or applications remaining in full force and effect. 49 Section 6. Authority is hereby given to codify this Ordinance. 50 Section 7. This Ordinance shall become effective on passage. 51 FIRST READING this 1st day of June, 2021. 52 53 SECOND, FINAL READING AND PASSAGE this day of , 2021. 54 55 CITY OF BOYNTON BEACH, FLORIDA 56 57 YES NO 58 Mayor — Steven B. Grant 59 60 Vice Mayor — Woodrow L. Hay 61 62 Commissioner - Justin Katz 63 64 Commissioner — Christina L. Romelus 65 66 Commissioner - Ty Penserga 67 68 VOTE {00445593.2306-9001821} S:ACA\Ordinances\Vice Mayor Selection Chapter 2 - Ordinance.docx Page 817 of 943 69 ATTEST: 70 71 72 73 Crystal Gibson, MMC 74 City Clerk 75 76 77 (Corporate Seal) {00445593.2306-9001821} S:ACA\Ordinances\Vice Mayor Selection Chapter 2 - Ordinance.docx Page 818 of 943 E:lu" Public Hearing 6/15/2021 Requested Action by Commission: Proposed Ordinance No. 21-019 - First Reading - Rescinding previous abandonment of a portion of an unimproved five (5) foot wide alley running east to west from Seacrest Boulevard approximately 436.5 feet (ABAN 21-001), and approve abandonment of an approximately 76 foot long section of the five (5) foot wide alley along the south side of Lot 1, Meeks Addition to Boynton Plat. Explanation of Request: As a condition of approval of the Wells Landing North project on MILK Boulevard, east of Seacrest Boulevard, Elizabeth Roque of Wells Landing, LLC, requested abandonment of a 436.5 foot segment of the 5 foot wide alley along the north side of their project and adjoining parcels to the west. This condition of approval required the establishment of an easement along the entire 436.5 foot length. The condition of approval of the abutting parcels has not been satisfied. Staff now recommends that the City instead only abandon that specific 76 foot long segment that falls within the Wells Landing project boundaries. The applicant, and the Ione utility provider, Florida Public Utilities (FPU), agrees to this change to limit the abandonment to only that portion that is within the boundaries of the project. The new easement document has been drafted and approved by FPU. In conclusion, staff recommends the previous ordinance to abandon the 436.5 foot segment (Ordinance No. 20- 041) be rescinded and the request to abandon only that 76 foot segment lying south of Lot 1, Meeks Addition to Boynton Plat, wholly within the Wells Landing North project be approved, subject to recording of the drafted easement agreement by Wells Landing, LLC. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended, as the recommended course of action will allow the Wells Landing project to remain on their critical grant timeline. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 819 of 943 Grant Amount: Attachments: Type D OrdinainCE) D I ocaboin lMap D I ocaboin Map D �D ings D �D ings Description Ordinall'ICE) Corir'EKtiing abaindoinirTIENI'lt for VVE)lS I ainding I ocaboin IMa p of AbaindoinirTIENI'lt (Oirigiina) I ocaboin IMa p of AbaindoinirTIENI'lt (If REPASEd) SRE) IRla in dE)�PiCtilllg IREMASEdAbaindoinirm�llrlt I E�Igal SkE)kh Of IfRE)ViSEd AbaindoinirTIENI'lt Page 820 of 943 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 21 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, RESCINDING ORDINANCE 20-041 AND APPROVING THE ABANDONMENT OF AN APPROXIMATELY 76 FOOT LONG SECTION OF THE FIVE (5) FOOT WIDE ALLEY ALONG THE SOUTH SIDE OF LOT 1, MEEKS ADDITION TO BOYNTON PLAT; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as a condition of approval of the Wells Landing North project on MLK Boulevard, east of Seacrest Boulevard, Elizabeth Roque of Wells Landing, LLC, requested abandonment of a 436.5 foot segment of the 5 foot wide alley along the north side of their project and adjoining parcels to the west; and WHEREAS, this condition of approval required the establishment of an easement along the entire 436.5 foot length; and WHEREAS, the condition of approval of the abutting parcels has not been satisfied; and WHEREAS, Staff now recommends that the City instead only abandon that specific 76 foot long segment that falls within the Wells Landing project boundaries; and WHEREAS, staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City Commission on the proposed abandonment; and WHEREAS, staff has determined that the subject alleyway no longer serves a public purpose and therefore recommends approval of the request, subject to the accompanying conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing whereas clauses are true and correct and incorporated herein by this reference. Section 2. Ordinance 20-041 is hereby rescinded. {S:\CA\Ordinances\Abandonments\Corrected Abandonment of Alley (Wells Landing 5 ft Alley).docx Page 821 of 943 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Section 3. The City Commission of the City of Boynton Beach, Florida, does hereby abandon approximately 76 foot long section of the five (5) foot wide alley along the south side of Lot 1, Meeks Addition to Boynton Plat. The property being abandoned is more particularly described as follows: THAT PORTION OF THE 5 FOOT RESERVED AREA (ALLEY) AS SHOWN ON THE PLAT OF MEEKS ADDITION TO BOYNTON, ACCORDING TO THE P[LAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE SOUTHERLY LINE OF LOT I OF SAID PLAT OF MEEKS ADDITION TO BOYNTON; ON THE EAST BY THE EASTERLY LINE OF SAID LOT 1, ON THE WEST BY THE WESTERLY LINE OF SAID LOT I AND ON THE SOUTH BY THE SOUTHERLY LINE OF THE PLAT OF MEEKS ADDITION TO BOYNTON AS RECORDED IN SAID PLAT BOOK 9, PAGE 54 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 383 SQUARE FEET MORE OR LESS. Section 4. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 5. This Ordinance shall take effect immediately upon passage. FIRST READING this 15th day of June, 2021. SECOND, FINAL READING AND PASSAGE THIS day of , 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC, City Clerk (Corporate Seal) {S:\CA\Ordinances\Abandonments\Corrected Abandonment of Alley (Wells Landing 5 ft Alley).docx VOTE YES NO Page 822 of 943 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon approximately 76 foot long section of the five (5) foot wide alley along the south side of Lot 1, Meeks Addition to Boynton Plat. The property being abandoned is more particularly described as follows: THAT PORTION OF THE 5 FOOT RESERVED AREA (ALLEY) AS SHOWN ON THE PLAT OF MEEKS ADDITION TO BOYNTON, ACCORDING TO THE P[LAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE SOUTHERLY LINE OF LOT 1 OF SAID PLAT OF MEEKS ADDITION TO BOYNTON; ON THE EAST BY THE EASTERLY LINE OF SAID LOT 1, ON THE WEST BY THE WESTERLY LINE OF SAID LOT 1 AND ON THE SOUTH BY THE SOUTHERLY LINE OF THE PLAT OF MEEKS ADDITION TO BOYNTON AS RECORDED IN SAID PLAT BOOK 9, PAGE 54 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 383 SQUARE FEET MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of June, 2021. Crystal Gibson, MMC City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) CITY OF BOYNTON BEACH, FLORIDA Lori LaVerriere, City Manager BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of June, 2021. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Corrected Abandonment of Alley (Wells Landing 5 ft Alley).docx Page 823 of 943 Exhibit B WELLS LANDING ABANDONMENT ABAN 21-001 11 20 40 i - I OL EXHIBIT B WELLS LANDING 5 -FOOT ALLEY ABANDONMENT N 0 15 30 60 90 120 Feet NEMESES=: Page 825 of 943 ze'Fti P. "rd""�.fl.Q Q.Q ;,EA"s� V. MM ".q�&d "`k' U•II �"fl""II°#@'S �" �-� a 9 « o rn � � J 1 w o ma_ �3� T rrm� 0 z 0 z 0 z Q J J J z <pmg od 0 �s LL w o p — a3w z; _ p O O H T rrm� 0 z 0 z 0 z Q J J J z SKETCH OF DESCRIPTION EXHIBIT 'A " SHEET I OF I Z LOT 1, MEEKS 10; ADDITION TO BOYNTON m (PLAT BOOK 9, PAGE 54) p � mm SOUTH LIIE LOT 1 (PLAT BOOK 9, PAGE 54) �Y Q o 5' RESERI/ED AREA (ALLEY) AS SHOWN IN Q m ~ m PLAT BOOK 9, PAGE 4 A ABANDOIED BY W J I Q CITY OF BOYNTON BEACH IN ORDINANCE �— p NO. 20-041(O.R.B. 32018, PAGE 1805 N89°59'54"W. SOUTH LIAE PLAT Ld 76.69' BOOK 9, PAGE 54 NORTH LINE PLAT BOOK 9, PAGE 3 LOT 5, BLOCK 1 FRANK WEBBER ADD. (PLAT BOOK 9, PAGE 3) DESCRIPTION - ' I N8905954 LOT 4, BLOCK 1 FRANK WEBBER ADD. (PLAT BOOK 9, PAGE 3) THAT PORTION OF THE 5 FOOT RESERVED AREA (ALLEY) AS SHOWN ON THE PLAT OF MEEKS ADDITION TO BOYNTON, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE SOU THERL Y LINE OF LOT 1 OF SAID PLAT OF MEEKS ADDITION TO BOYNTON,• ON THE EAST BY THE EASTERL Y LINE OF SAID LOT 1, ON THE WEST BY THE WESTERLY LINE OF SAID LOT 1 AND ON THE SOUTH BY THE SOUTHERL Y LINE OF THE PLA T OF MEEKS ADDITION TO BOYNTON AS RECORDED IN SAID PLAT BOOK 9, PAGE 54 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 383 SQUARE FEET MORE OR LESS ORDER NO. 19-60 "5' EASEMENT AREA" W U Z LOT 3, BLOCK 1, FRANK WEBBER ADD. (PLAT BOOK 9, PAGE 3) SUR V/EYOR'S NOTES/LEGEND.• THIS IS NOT A SURVEY j = CENTERLINE THE SOUTH LINE OF PLA T BOOK 9, PAGE 54 IS ASSUMED TO BEARS N.89°5954 "W. D.R.B. = OFFICIAL RECORD BOOK Digitally signed by Paul D. Paul D. Engle Enry I e Date: 2021.05.07 `� 11:42:15 -04'00' PAUL D. ENGLE SURVEYOR & MAPPER NO. 5708 DATE. MAY 7, 2021 O'BRIEN, SUITER do O'BRIEN, INC. CER TIFICA TE OF AUTHORIZA TION #LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE. PAUL D. ENGLE 955 N. W. 17TH A VENUE, SUITE K-1 DELRA Y BEACH FLORIDA 33445 (561) 276-4501 (561) 732-3279 X9DramngsIGENERAL GADDIGxdl 19-60 EASEMENTAREA-- 05/07/2021 -- 11:40 AM-- Scale 1 :240.0000 r1M City Manager's Report 6/15/2021 Requested Action by Commission: Presentation on the Climate Change Vulnerability Assessment for the City of Boynton Beach, conducted in collaboration with the Coastal Resilience Partnership of Southeast Palm Beach County. Explanation of Request: The City of Boynton Beach signed an I nterlocal Agreement in October 2019 with City of Boca Raton, City of Delray Beach, Town of Highland Beach, City of Lake Worth Beach, Town of Lantana, Town of Ocean Ridge, and Palm Beach County to obtain a Climate Change Vulnerability Assessment (CCVA) covering the municipalities, their utility service areas, and contiguous unincorporated areas. This collaboration is named the Coastal Resilience Partnership of Southeast Palm Beach County (CRP) and has established a project website at www.coastalresiIiencepartnership.org. Staff will present the Climate Change Vulnerability Assessment (CCVA) as an informational item to City Commission. The CCVA assessed 12 climate threats, five of which were spatially assessed and provided to the City as detailed GIS data: High Winds, Rainfall -induced Flooding, Storm Surge, Tidal Flooding, and Extreme Heat. For each threat, vulnerability and risk were assessed for relevant City assets (critical facilities, residential and commercial property, sensitive populations, transportation and mobility, etc.). The study examined intersections of social and physical vulnerability, and included equity as a key factor in identifying and prioritizing adaptation strategies. The attached CCVA Executive Summary describes the study methods and results, and includes a list of recommended adaptation strategies for the CRP to consider for future implementation on the regional level. The attached CCVA Presentation provides an overview of the project, the key vulnerabilities identified for the City of Boynton Beach, and examples of adaptation strategies the City may consider for future implementation. The full CCVA Final Report (forthcoming) presents detailed methodologies used in all of the threat assessments, and assessment findings at both the regional and jurisdictional levels. How will this affect city programs or services? This multi -jurisdictional resilience planning partnership enables the City to fulfill its commitments to climate adaptation planning while reducing costs and fostering consistency with neighboring jurisdictions. The City is a member of the Southeast Florida Regional Climate Change Compact and the Global Covenant of Mayors for Climate & Energy, both of which strongly endorse the completion of a CCVA. The completion of this CCVA will make the City more competitive for forthcoming state and federal resiliency grants. The assessment can help improve the City's bond ratings by addressing climate risk, and can protect the City's operational budget by preserving future property values. The CCVA will also contribute to the City's forthcoming Racial and Social Equity Comprehensive Community Needs Assessment by integrating considerations of climate equity and resilience. Page 828 of 943 Fiscal Impact: The City of Lake Worth Beach, as fiscal agent for the project under the terms of the I nterlocal Agreement, procured the services of a consultant team led by Collective Water Resources, Inc. to conduct the CCVA. Based on the cost-sharing framework agreed upon by all participants, the City of Boynton Beach submitted its share of $54,697 out of the Sustainability Fund in the FY19/20 Utilities Operating budget. In addition, the City of Boynton Beach served as recipient of two Resilience Planning Grants from Florida Department of Environmental Protection (FDEP) to support the initial phases of the project. The City was reimbursed $71,731 in FY 18/19 (Grant Agreement No. R1817) and $62,780 in FY 19/20 (Grant Agreement No. R1906). $15,000 has been requested in FY21/22 Account Number 401-2821-536.94_44 for public engagement and capacity building following the recommendations of the CCVA. Staff will prioritize the multiple strategies recommended by this study for funding in subsequent budget cycles. Alternatives: Strategic Plan: Building Wealth in the Community, Boynton Beach Branding, Transportation and Mobility Strategic Plan Application: The City is including climate resilience in the priorities of the 5 -Year Strategic Plan. Climate Action Application: Development of a Climate Change Vulnerability Assessment and subsequent development of a Climate Adaptation Plan are required for compliance with the Global Covenant of Mayors for Climate & Energy. The City will report the assessment results internationally to the Carbon Disclosure Projection (CDP) and regionally to the Southeast Florida Compact Climate Assessment Tool (C -CAT). Is this a grant? 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C..) ...... ....... . . .. Iml OttI CIOa ii IM I'D (T Iln712 I . .. ...... I y CY) 0 cli Lf) co (2) 0) co 0 - 6Yi u M 0) O M Ln co N m co d E O d- V O 'aLLJ 4-+ Liu O d' r iva � m V (O V M 0) O M Ln co N m co d LJJ i 'aLLJ a Liu LL r iva M 0) O M Ln co N m co d COASTAL RESILIENCE PARTNERSHIP SOUTHFASr PALI IfsiFCH COUNTY Page 854 of 943 AV Ar AMP AV WK COASTAL RESILIENCE PARTNERSHIP sou -n - ii: AST ["Aii.m BEAC[l COuta ire IFY THIS MAP REPRESENTS THE STUDY AREA FOR THE COASTAL RESILIENCE PARTNERSHIP OF SOUTHEAST PALM BEACH COUNTY CLIMATE CHANGE VULNERABILTY ASSESSMENT Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability Assessment Executive Summary Page 855 of 943 ABOUT THE COASTAL RESILIENCE PARTNERSHIP Officially formed in 2019,the Coastal Resilience Partnership (CRP) of Southeast Palm Beach County consists of seven municipalities and the County working together to complete a joint Climate Change Vulnerability Assessment (CCVA) covering the geographic area shown on Page 2. The CRP fosters collaboration and cooperation in climate adaptation research and planning among jurisdictions sharing similar physical, geographic, and social characteristics in the southeast portion of Palm Beach County. All jurisdictions are vulnerable to climate change; however, levels of vulnerability to future conditions vary across jurisdictions and over time. Notably, all jurisdictions rely on each other for critical services, such as emergency shelter. For these reasons, the ultimate goal of the CRP of Southeast Palm Beach County and the joint effort in this CCVA is to install, inform, and implement long-term resilience and adaptation strategies into all participating local governments. Coastal Resilience Partnership Logo Explanation The eight smaller leaves represent the local governments in the C Resilience Partnersh The three bigger leaves represent the communities' similar physical, geographic, and social characteristics. The mangrove is a nod to the importance of nature and the region's unique natural resources and how they enhance the local economy. Water is a tremendous resource to our region but is also a threat. Sea level rise is the most apparent sign of climate change in the region. I WHAT IS A CLIMATE CHANGE VULNERABILITY ASSESSMENT? A vulnerability assessment provides a foundational understanding of the risks a certain community, place, or asset faces as it relates to specific threats. For this particular CCVA, 12 climate threats were identified. To determine vulnerability, sophisticated modeling, and data analysis were utilized to assess the specific properties, locations, and components within the community that may be at risk of experiencing any of the climate threats identified as part of this study. Once each facility or asset is intersected with the location of extreme events, the vulnerability of all public infrastructure, private property, and social and natural assets may be defined. It is also crucial to note the importance of vulnerable populations and socioeconomics superimposed on these threats. Socioeconomics were considered throughout this assessment, and the outcome of various vulnerable populations is a critical aspect of this study. Furthermore, sea level rise is a multiplier for many of the threats that the CRP is interested in. Sea level rise is not considered as a threat itself, but as a stressor that exacerbates several of the threats assessed in the CCVA. Threats that are heavily influenced by sea level rise include storm surge, tidal flooding, groundwater inundation, saltwater intrusion, rainfall -induced flooding, and shoreline recession. Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability AssessmeRa@& irof a9A3 ClimateChange Impacts Climate is referred to as the usual weather conditions expected for a particular location. Climate change is the change in those usual weather conditions, such as how much rain a location will receive or the average temperature. Increased greenhouse gas emissions by humans is causing changes in our climate on a global scale. KEY TERMINOLOGY Below are some key terms that you will see throughout this report ADAPTIVE CAPACITY - The ability of an asset to adjust or cope in response to hazards ASSETS - The core systems of each jurisdiction: the specific property classes, services, economic strengths, people/socioeconomics, and infrastructure located throughout these communities CENSUS TRACT SCALE - A geographic area utilized by the US Census Bureau for data collection and assessment CLIMATE THREATS - Major hazard events or chronic disruptions that negatively impact community assets EXPOSURE MAPPING - Spatially analyzing where assets are in harm's way FRONTLINE COMMUNITIES - Communities that will feel the impacts of climate change first and hardest SENSITIVITY - The range or magnitude of how much an asset may be hurt by a threat SOCIAL EQUITY - The ability for all members of the community to equally prosper through collective planning and action POTENTIAL IMPACTS - How assets are affected by threats due to their sensitivity RISK - Both threat and asset characteristics used to indicate levels of probability of a particular climate event and its associated consequence VULNERABILITY -The output of an analysis and its evaluation of the intersection of various asset characteristics used to indicate levels of sensitivity, potential impact, and adaptive capacity Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability Assessment Executive Summary Page 857 of 943 5 Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability AssessmeRa@& irof QA3 (OVERVIEW OF CLIMATE THREATS This section summarizes the threats that were analyzed for the CCVA. For the purposes of this study, threats are defined as major hazard events or chronic disruptions that negatively impact community assets. The interconnections among threats, as well as socioeconomic factors affecting each asset -threat pair, are stressed throughout the study. A period of persistent dry weather that occurs long enough to cause environmental and public health challenges. Climate stressors that worsen droughts include increased global temperatures, increased evapotranspiration, and changing rainfall patterns. Non -climate stressors such as increases in freshwater consumption can also worsen the impact of droughts on a population. Extreme heat is a pressing public health risk, particularly forsocio economically disadvantaged and elderly communities living in developed areas with low tree canopy cover. In many heavily developed areas, man-made structures such as buildings and roadways trap heat and contribute to what is ' known as the Heat Island Effect. Extreme heat is a serious threat in South Florida, where it can worsen air quality, exacerbate public health issues, negatively impact crop production, and increase stress on the local economy. Harmful algal blooms are a complex ecological process that is accelerated by several factors related to climate change. Increased urbanization has accelerated and intensified nutrient loads to water bodies throughout Florida. Southeast Palm Beach County is no exception. This nutrient loading, paired with warmer waters related to climate change and other complex factors, can cause specific species of algae to grow out of control and produce toxins that can harm people, fish, shellfish, marine mammals, and birds. Non -climate stressors that can worsen harmful algal blooms include both human -induced and natural hydrologic alterations, as well as additional pollutants in runoff. Here in South Florida, high winds from tropical systems or hurricanes are prevalent threats that can lead to numerous issues including power outages, disruptions to roadways and transportation, and damage to infrastructure, including critical infrastructure in particular. Hurricanes can be catastrophic events significantly impacting communities. Due to climate change, the strongest hurricanes (Category 3-5) are expected to increase in frequency. Non -climate stressors that magnify the threat of high winds include changes to building conditions, such as wind load criteria, and less resilient landscaping. This type of flooding occurs when there is a rise in groundwater, which is generally associated with a rise in sea level. In addition to sea level rise, other climate stressors include changes in precipitation patterns that result in an increase in the amount of water present at any given time. Non -climate stressors that worsen groundwater inundation include both the land subsidence, or the settling of land, and the potential need to fix or repair large-scale stormwater management systems. A pest outbreak is when a destructive insect or other animal population dramatically increases and heightens the potential threat of illnesses. Pest outbreaks also affect crops and the ability to produce healthy and sellable food commodities. Whereas pest outbreaks are a rapid increase in an insect's population, disease outbreaks are sudden increases in a particular illness that is carried or spread. Climate stressors that exacerbate this problem include extreme heat and changes in rainfall patterns. Additionally, non -climate stressors include rapid population growth, urbanization, and densification. Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability Assessment Executive Summary Page 859 of 943 Changes in rainfall patterns can cause flooding on normally dry land, which can be exacerbated by sea level rise. Non -climate stressors that further increase challenges related to rainfall -induced flooding include aging infrastructure, floodplain alterations, increases in impervious structures, and maintenance issues concerning stormwater infrastructure. As sea level rises, the fresh water -saltwater interface (or boundary) moves further inland and closer to the water supply wells, leading to water -quality deterioration. Saltwater intrusion is a serious threat, and the associated non -climate stressors include changes to large-scale stormwater management systems and changes in the amount of water taken from the aquifer. This threat occurs when waves and currents remove sand from the beach system by carrying it permanently offshore. This movement and removal of sand leads to a narrower beach and lower elevation, ultimately leaving coastal properties and infrastructure vulnerable to future storms. Sea level rise will exacerbate shoreline recession. Similar to other threats, with eroded beaches and a lack of shoreline, there will be an influx of problems, including further impacts to infrastructure, changes to design and development in high-risk coastal areas, and changes to Level of Service (LOS) requirements. As sea level rises, there will be an excess of water coming onto land. Coastal flooding caused by an abnormal rise in the tide from a storm or hurricane will push water further inland and increase the water level well above the natural tide. A climate stressor that further fuels problematic storm surge is the presence of more frequent and stronger storms. Non -climate stressors that exacerbate the hazards associated include increased development in high-risk coastal areas and aging infrastructure. Tidal flooding is defined by exceptionally high tidal events that result in the temporary inundation of low-lyingareas. This occurs when an increase in water levels causes water to overtop seawalls and flow onto coastal lands. Sea level rise will increase the frequency and intensity of tidal flooding. Non -climate stressors that exacerbate tidal flooding hazards include aging infrastructure and drainage systems that were designed for previous conditions. Although much of the region is urbanized, wildfires can still impact Southeast Palm Beach County. This threat is examined through the potential for wildfire in the wildland urban interface and its impact on communities, including homes and the critical services people rely on. Wildfires have the ability to significantly damage critical and delicate ecosystems as well as urbanized communities. With wildfires present, air quality greatly diminishes, and infrastructure becomes vulnerable. Climate -related stressors that worsen wildfire conditions include: temperature increase, which can increase drought, precipitation variability, and lightning frequency. Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability AssessmeRageS60rofalBA3 1�®VERVIEW OF ASSETS Assets relate to the core systems of each jurisdiction - the specific property classes, services, economic strengths, and infrastructure located throughout these communities. CRITICAL FACILITIES These are lifeline facilities that are pivotal to communities because they provide crucial services that ensure the smooth function of everyday life. To consider the range of assets within this theme, the following asset categories will be used: Public Safety, Food, Water, Shelter, Health and Medical, Energy and Communications, and Government Facilities (including all schools). WATER INFRASTRUCTURE Water infrastructure facilities are a critical aspect to societies, as individuals rely heavily upon the distribution of clean and safe water, the proper management of drainage systems, and the continual protection of water quality. Within water infrastructure, the asset categories are Wastewater Treatment Facilities and Collection Systems, Water Treatment Facilities and Distribution Systems, Stormwater Treatment, Conveyance, Treatment Systems, and Septic Tanks. Green infrastructure also falls within this asset category, and for the purposes of this study, some green infrastructure (swales, bioswales, retention/detention ponds, etc.) are included within the category of stormwater. ECONOMIC FACTORS A prospering society depends on businesses stayingopen and continuingto contribute to the overall economy. Economic factors are important for the assessment to consider, especially as they relate to the potential for business disruption. This asset theme will consider the two main economic factors through the following asset categories: Annual Sales Volumes and Jobs. The assessment will provide insights into how the vulnerability of properties and business locations translates to potential disruptions to sales and jobs. NATURAL RESOURCES Natural resource assets are critical to the region in how they support recreation and tourism and provide ecosystem services. These assets are also critical in how they mitigate threats, such as flooding and extreme heat. The following asset categories will be considered within this theme: Beaches, Coastal Areas, Natural Areas, and Parks (includingwater resources). PEOPLE & SOC1OECONON11CS This asset theme can be defined as socially vulnerable populations that may be disproportionately vulnerable to climate threats. The Centers for Disease Control and Prevention, (CDC), classifies social vulnerability through a number of factors, including but not limited to socioeconomic status, housing and transportation, and household composition. These communities may be affected by external stressors that impact human health and productivity, such as pandemics and extreme weather. This theme includes the following asset categories: Social Vulnerability, Food SNAP Retailers, and Public Housing. PROPERTY For this asset theme, commercial, cultural, and residential properties are analyzed to determine the likelihood of climate threats influencing or burdening properties. This can be amplified when socially vulnerable communities intersect with physically vulnerable properties. The following asset categories that fall within this theme are Commercial (including industrial), Cultural, and Residential. TRANSPORTATION & MOBILITY The ability to move and be mobile as a community is pivotal to the continued flow of everyday life. Particularly in Florida, roadways and other major transportation facilities are inherently vulnerable to climate threats such as flooding because of their relatively low elevation. Asset categories within this theme are Roads (major and minor) and Railways, Bridges, and Transportation Facilities. Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability Assessment Executive Summary Page 861 of 943 VULNERABILITY EXPLAINED Vulnerability not only looks at exposure, but also how sensitive an asset is to a threat. It is also important to understand how easily an asset can change or adapt. Even if both have the same exposure, a low-lying firehouse is more vulnerable than a park. A few inches of water can significantly disrupt a firehouse, while a park flooding a few inches will likely not cause damage or significant long-term disruptions. Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability AssessmeRa@&S62rof a9A3 �'Ass!ESSINGAssu-THREAT PAIRS The project team applied a vulnerability and risk assessment framework to the threats and assets that were identified. These are referred to as asset -threat pairs and each was evaluated separately, even though some threats may also be interrelated (e.g., rainfall -induced flooding and tidal flooding). These asset -threat pairs are important for the assessment to inform asset -specific insights regarding the impacts from climate threats. (For example impacts to a commercial corridor are inherently different from the impacts to a residential neighborhood.) In turn, these insights allow the CRP to develop adaptation strategies that are tailored to address the specific types and locations of vulnerabilities across the jurisdictions. For most asset -threat pairs, the vulnerability and risk assessment components will be applied at the asset scale. Below is an example of how the project team assessed an asset -threat pair. �11EXTREMEHEAT Extreme heat was assessed on the census tract scale. Below are maps of the two inputs - potential impact and adaptive capacity - and the resulting vulnerability output map. Areas with low adaptive capacity have less tree canopy and higher socioeconomic vulnerability. Areas with high potential impact have a high number of sensitive populations, such as those older than 65 or under 18, and a high percentage of developed land. The mostvulnerable areas (darker red) in the right -most map represent the intersection of those two factors. Interestingly, every CRP jurisdiction includes one or more census tracts with at least medium vulnerability to extreme heat. For the entire study area, the census tracts with medium or high vulnerability include the following sensitive populations: ■ 33,900 households with members 65 years of age or older ■ 18,400 households with members under 18 years of age ■ 85,715 households below the poverty line, or about 48% of the regional households. fttemualtlMpvactbuyM", stmct Audi,F*O a p *4by tensus smcl, Irao�;Ih,—A„„;,emwmuataaroh M=rwtls:m`eM " ;p'firjkrr —Assensrnept E lent j7fPa ILxpw MIL'IrAfAf MwM Iluuru>, Q yseAs TradM rswo Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability Assessment Executive Summary Page 863 ofc943 SUMMARY OF REGIONAL VULNERABILITY AND RISK The following is an overview of some of the key regional findings from the assessment. ■ Residential properties are vulnerable to all types of flooding: rainfall -induced, tidal, and storm surge. The vulnerability is driven by many factors, including but not limited to coastal proximity, density of development/imperviousness, whether it was built before base flood elevation (BFE) requirements were in place, and impacts to floodplains/ native hydrology. ■ Critical facilities are often vulnerable to multiple threats (e.g., high winds and flooding). ■ Road access is the most widespread vulnerability associated with future tidal flooding. ■ Socioeconomic disparities within the region indicate people in certain areas will be disproportionately impacted by climate threats (especially by extreme heat, high winds, and rainfall -induced flooding). ■ Sea level rise and climate change will exacerbate existing threats and present new challenges to the region. ■ Most climate threats are interconnected. Findings from the assessment also suggest three main types of vulnerabilities for the CRP to consider in the development and prioritization of adaptation strategies. ■ Near-term vulnerabilities: These threats include rainfall -induced flooding, extreme heat, and tidal flooding. ■ Mid to long-term vulnerabilities associated with future conditions and change: Future tidal flooding, groundwater inundation, shoreline recession, drought, and harmful algal blooms. ■ High -impact event vulnerabilities: Rainfall -induced flooding, storm surge, high winds. 11 Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability AssessmeRa@&t rof a9A3 ITIDALFLOODING The study revealed a substantial number of waterfront properties across the CRP region are exposed and vulnerable to tidal flooding under existing and all sea level rise (SLR) conditions. This includes neighborhoods as far as two miles from the coast, because increased water levels are pushed up the canal systems that connect these neighborhoods to the Lake Worth Lagoon and Intracoastal Waterway. None of the flooding depicted in the tidal conditions under SLR seems to be a hazard in and of itself. However, if rain -induced or storm surge events were to take place during King Tide events in future sea level rise conditions, then the effects of flooding would be significantly exacerbated. �11RAINFALL-INDUCEDFLOODING The threat of rainfall -induced flooding presents the greatest exposure and highest levels of vulnerability and risk of all flooding threats assessed in this regional study. Both inland and coastal areas are vulnerable to rainfall - induced flooding. One key insight from this threat assessment is the extent to which assets are vulnerable to the 500 -year flood event. While the 500 -year event has a lower relative likelihood or risk probability compared to the 100 -year or 25 -year event, it is one to which the CRP is especially vulnerable. The 500 -year inundation mapping and assessment result shows that, of the nearly 73,000 properties in the region that are exposed to the potential for rainfall -induced flooding, only about 36% are found within the current regulatory floodplain extent - the other 64% being outside the current regulatory extent (based on the 2017 FEMA study). Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability Assessment Executive Summary Page 865 oi�943 1�TIDAL FLOODING EXAMPLE Tidal flooding is of top importance and special interest to coastal communities that area Ireadyfrequently experiencing the impacts associated with this type of flooding. For the purposes of this assessment, tidal flooding may also be referred to as tidal inundation. The comparison of the existing (2020) tidal flooding and the future (2040) NOAA High tidal flooding (+13" SLR from 2020) were assessed and represented in the maps below. The increase in flood extents and depths are seen here. Greater lengths of roadway are affected as well. It is important to understand access concerns with tidal flooding, as many of the barrier island communities have limited -access roadways off the barrier island. Flooding in neighboring communities may significantly impact access requiring regional coordination. 13 Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability AssessmeRa@& irof a9A3 HIGH WINDS Sustained high winds are typically associated with tropical storms in Southeast Florida and can substantially damage or destroy infrastructure and assets. As our climate changes, the strongest and most damaging tropical systems (Category 3-5 hurricanes) are anticipated to occur more often. For this study, a property -level screening assessment was developed in order to estimate vulnerability. This property -level screening assessment shows properties that may be more vulnerable to high winds based on use type and relevant wind -related building design regulations at the time the primary structure was built. Forthis assessment, multi -residential and multi -business properties were considered to have a greater potential impact to the threat of high winds. The following property types are considered to be highly sensitive to high winds: In Multi -residences (due to a great number of people potentially affected) In Mobile homes In Assisted housing In Critical use (fire/police, safety response, electric utility, communications) In Multi -commercial (multiple retail business locations) In Health & Medical and Energy & Comms have the highest percentages of vulnerability (largely due to the year of construction). In About 12%of the residential properties in the region have medium or high vulnerability to high winds. About 9% of all residential properties in the region were constructed before the first building code in 1974. In About 37% of residential properties in the region were constructed since 1995. The percentage of residential property vulnerability also varies across jurisdictions (from about 5% to 58%). In Vulnerability to the threat of high winds has a high co -occurrence with socially vulnerable populations. Of the 22 most vulnerable residential areas, 18 are also among the most socially vulnerable. RESIDENTIAL PROPERTY VULNERABILITY TO HIGH WINDS AND SOCIAL VULNERABILITY Peat of pame4ls with amum—high vulnewabififty, per census tract M kraINm; srsomvwu� E xfpw'mf rF�Niwu�,� ....fm��✓Matf "fir�nfR: HJ( Ovewall Scciaf "wNu�tlirw�rc�'��u�II�C� Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability Assessment Executive Summary Page 867 of,943 SOCIAL VULNERABILITY AND SOCIAL EQUITY Within the context of adaptation planning and implementation, equity has two main dimensions: 1) Procedural Equity and 2) Substantive Equitable Outcomes. Procedural equity is about ensuringthat overburdened and underrepresented communities have a meaningful voice in the early stages of planning and formulation of adaptation strategies, as well as during implementation and monitoring of those strategies. This means that long-term community engagement objectives should go beyond awareness and education to include building trusting relationships and providing true opportunities to shape decision-making. Equitable involvement of the community is not enough by itself. Adaptation strategies should be designed to achieve substantive equitable outcomes by prioritizing investments in communities experiencing disproportionate impacts, addressing the root causes of disparities, and building social cohesion. MAJOR FEATURES OF EQUITABLE ADAPTATION STRATEGIES When considering equitable adaptation strategies, the assessment team utilized the framework developed in the City of Portland and Multnomah County Climate Action Through Equity Report. The graphic below highlights some of the features in that framework that were taken into account when identifying and selecting adaptation strategies. Additional considerations include designing strategies that promote economic opportunity and workforce development, devising accountability metrics that ensure vulnerable communities are not disproportionately harmed by an action, and ensuring benefits of a strategy are broadly accessible. 1111 i g iin imn W iiia Fm rt Ih i Does the action align with existing priorities of frontline communities and allow for collaboration and partnership? 44� L III ii Building m Does the action help build frontline community capacity through funding or an expanded knowledge base? Shared refits Can the benefits of an action or strategy reduce historical or current disparities, economic, or otherwise Relationship ili Does the action help foster effective, long-term relationships and trust between diverse communities and local governments? 15 Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability AssessmeRa@& irof a9A3 IADAPTATIONTYPES To effectively address the climate threats studied in this CCVA, it will be important for the region and local governments to develop and implement a diverse set of adaptation and mitigation strategies. Through a climate change lens, adaptation entails changing or creating a new way of functioning to suit changing environmental conditions. Mitigation may be defined as actions that reduce the severity of an event and minimize the potential impacts. While adaptation strategies are emphasized, mitigation options were also taken into account. Below you will find the six major adaptation categories that the CRP has considered. M Infrastructure m -Physical Infrastructure to V6�� -Green Infrastructure 0 100 • ,x r. Land Use Practice *Land Use Planning / n -Land Use Policy - Building Codes and Standards Planning, Policy,g. - Policy -Operations and Practice Capacity Building ®Analysis and Research ISE �� - Monitoring and Technology Community Resources 0 Public Outreach Public Communication -Community Engagement Funding and Financing -Local Funding • External Funding e Financing Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability Assessment Executive Summary Page 869 ofE943 ��"ADAPTATIONTYPEs EXPLAINED Engineering standards and current paradigms of design need to address policy that affects the design, construction, maintenance, operations, and entire life cycle of infrastructure with climate change in mind. Within this category exists both gray infrastructure, such as seawalls and stormwater drainage systems, and green infrastructure, such as living shorelines and bioswales. Incorporating a combination of these types of infrastructure will greatly increase resilience and reduce the impacts of climate change. Building codes and standards regulate how a building should be built, and in the future, climate change must be a key consideration for these codes. Adaptation strategies discussed here examine land use and zoning, building codes, and standards associated with land use. These actions generally include modifying or implementing new land use management policies, integrating climate into land use planning, and actions that modifying policies related to how land will be used and where development can occur. One such land use authority local governments can utilize is Adaptation Action Areas (AAA). Adaptation strategies in this category generally examine the future needs of the community, and those that are not specific to land use. Many of these policies correspond to how a local government plans and operates. These actions integrate climate into existing planning processes, such as those focused on creating new regulations or revising existing regulations (other than those related to land use), as well as actions that change operations, management, and programs that include the impacts of climate change. Capacity building is defined here as actions, investments, and other activities that grow an entity's capability to identify, assess, and implement actions for adaptation and building resilience. These capacity strategies can come in a variety of forms but generally fall into the following areas: external partnerships, analysis and research, monitoring and technology, community resources, and City/Town staff capacity. An overarching approach to public outreach aims to gain public support for the suggested adaptation strategies, and also build public understanding of the intricacies among flooding, property concerns, adaptation implementation, and more. Navigating the public's current perceptions, reframing the conversation on resilience and adaptation, and building approachability to these topics are essential facets to effectively engaging members of the public. The cost of adapting to and mitigating the effects of climate change will be significant, especially for coastal communities. Nearly every facet of government operation will need to respond and adjust. Local governments in Southeast Palm Beach County have generally limited revenue options - property, sales, and other taxes, charges and fees; and funding from the federal and state governments. Funding and financing climate adaptation and mitigation will require innovation and persistence. 17 Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability AssessmeRa@&tKQrof a9A3 1�CLIMATE ADAPTATION STRATEGIES The cost of adapting to and mitigating the effects of climate change will be significant, especially for coastal communities. Each climate threat will create its own set of disruptions and challenge each community differently. However, nearly every facet of government operation can contribute to resilient solutions for all types of communities through investments made today. While costly, investments in resilience have demonstrated a high return in value. The Southeast Florida Climate Change Compact Business Case for Resilience found that for every $1 invested in community -wide adaptation, there will be a $2 return in benefits, indicating a 2:1 benefit -cost ratio. Understanding and leveraging the benefits that come with climate adaptation and mitigation will require innovation and persistence, and can encourage local governments to search for funding mechanisms, as well as federal and state grant opportunities. Planning for future climate conditions through regional coordination alongisde investments in resilience will foster prosperous communities that are able to withstand the impacts of these changing conditions. Below are a variety of adaptation examples, including community -wide and building -level, that can be implemented across the region to address climate challenges such as those explored in this study. Wet -Flood Proofing Homes Cooling White Roof Regional Flood' Control System Water Quality Measures IIIIPIUVGU JIUIIIIVVQIGI Treatment Septic -to -Sewer Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability Assessment Executive Summary Page 871 of E943 Development Standards Beach Nourishment 19 Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability AssessmeRagetW2rof eE143 PORTFOLIO OF REGIONAL Based on the results of this study, evaluate key infrastructure vulnerabilities, and work regionally with regulators to minimize gaps in services: utilities (water, wastewater, and stormwater), schools, All critical care, emergency buildings, etc. Special attention should be paid to the locations of vulnerable populations based on the findings of this study. Build partnerships and opportunities for increasing green Harmful Algal infrastructure projects and/or voluntary |noanUvae. Participate in B|ooma<HABa>. the statewide development of atormwatar m|oe that award All Flood Threats, Environmental Resource Permit (ERP) credit for use of Low Impact Drought, Extreme Development measures. Heat, Pest & Disease Work as the CRP to facilitate more living shoreline projects in vulnerable locations. Special attention should be paid to the results Shoreline Recession, of this study and how these projects can be used to mitigate climate High Winds, HABs, impacts for socioeconomically challenged areas. Projects that Storm Surge leverage healthy mangroves should also be strategically considered. Deploy mobile food markets connecting residents in food distribution oamam and grocery stores in order in address food Pest &D|aaaae, Uoeano and other food equity |aauao. These markets could be Extreme Heat, All strategically deployed based on need - as well as after flooding and Flood Threats adverse weather conditions. Collaborate as the CRP to encourage the development ofnon- motorized transportationfad|ities(�g..trails.sopamted bike paths) that are cross -jurisdictional when possible, to enable impacted Extreme Heat, Pest populations to access pub|ios*mioe/hea|th needs. Shade and safe &Dis*as* access to drinking water should be considered as a part of this strategy. Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability Assessment Executive Summary Page 873 Of c943 PORTFOLIO OF REGIONAL ADAPTATION STRATEGIESCONT' |nappropriate areas, develop aregional plan torestore wetlands and All Flood Thmat. — shoreline toprovide more resilient habitats, improve water quality, and Shoreline slow storm surge. This initiative would beparticularly effective near the Renession.HABs. coastline and waterbodieswith impacted water quality and should be Storm Surge, Pest & linked toother co -benefits when possible (public education, recreation, Disease biodiversity protection, etc.). Heat, Drought, Using the results of this study, collaborate to identify incentives to divert future development from vulnerable areas, such aotransfer of Tidal Flooding, development rights and density bonuses. These provisions for Storm Surge, incentives would reduce the introduction ofnew investments |nhigh- Rainfall -induced hazard zones and help ensure the long-term 000nom|oma|Uanoyand Flooding competitiveness ofthe area. Advocate for the consideration ofresilience inregional transportation plan updates. Consider sea level rise and future hydrology as factors for All funding new transportation projects. Collaborate and advocate for the regional creation ofagreen All Flood Thmat. — infrastructure/low impact development (GKUD)manual tuprovide a HABo.Dmught. toolbox ofgreen infrastructure practices and site design options for HABs.All Flood municipal staff and consulting engineers and architects. The design Thmats. Post& manual should include pollutant removal efficiencies, design Disease, Extreme constraints, and appropriate settings and materials for Southeast Heat, Drought, Palm Beach County. Link this strategy toother engagements with Shoreline Recession Florida Department ofEnvironmental Protection (FDEP)and South Florida Water Management District (SRNMD)toaward ERP credit for LID usage inPalm Beach County. Explore the concept of Adaptation Urbanism - integrating compact development, sustainable transport, blue and green infrastructure, All anUequKy-angwmrkwkhmgiona|pannemtn|UenUwopponunNeo to apply it to street -level resilience projects in the CRIP area. Collaborate across the 07Ptocreate aprogram inspired bythe Building Efficiency 305 Program in Miami geared towards increasing Drought, Extreme water and energy efficiency inlarge buildings. ��for mom Heat Collaborate as the CRIP and with other local agencies to encourage the creation ofwatershed Uat o�o.moU��.�nUfNoU��|nm�ps� - All Flood Thmat. — Develop m�ona|maps that mO��buUUnkmhydrology |othat HABo.Dmught. can be updated every 5years. The work can build upon Palm Beach Groundwater County's efforts tudelineate watersheds for the Community Rating Inundation System Program, aowell aothe watershed approach taken bythe Lake Worth Lagoon Initiative. 21 Coastal Resilience Partnership mSoutheast Palm Beach County Climate Change Vulnerability xomso *Df69A3 PORTFOLIO OF REGIONAL ADAPTATION STRATEGIESCONT' landscaping practices, pervious surfaces, and downspout disconnection for homeowners and businesses. Tie the initiative to existing resources that encourage Florida -Friendly Landscaping TM and those that reduce fertilizer usage. Cater the specific measures to SAIA the resources provided by the Institute of Food and Agricultural Sciences (IFAS) Extension at the University of Florida and the local Palm Beach County Cooperative Extension. Study and plan inreduce nutrient loads inreceiving wataMood|oe through planning, modeling, enhanced best management practices, land development regulation updates and other strategies. Water quality requires awatershed approach tobusuccessful, aothis |aa oMUou| regional strategy. Regional water quality partnerships will also increase opportunities for funding. Coordinate activities strategically with Municipal Separate Storm Sewer System <MS4> permitting and Total Maximum Daily Load <TIVIDL> repo rt|n@/aot|vNes. Engage Lake Worth Drainage District (LWDD) and SFWMD regarding the impacts of current and future flood events on the secondary and primary canal systems in Southeast Palm Beach County. Also grant opportunities. Establish liaisons and a plan for engageme t and/or use existing programs (e.g., Palm Beach County Water Resources Task Force). Collaborate ondevelopment ofneigh boMhoodhaaadresilience hubs in facilitate communication, distribute resources, and provide services in residents before, during, and after climate disruptions. Use the USDN Guide inDeveloping Resilience Hubs aaa starting point for local and regional knowledge exchange. Seek funding opportunities for a regional network ofhubs across the CRP. Areas throughout the region and the State of Florida. EngagaSRNMD on an ongoing basis regarding the need for rainfall curves, groundwater models, watershed models, and *eMoua datasets that can be used to design maU|ant infrastructure in Southeast Palm Beach County. Establish liaisons and a plan for engagement and/or use existing programs (e.g., Palm Beach County Water Resources Task Force). Start a regional program to encourage more natural management Mo littoral zones for residential communities, commercial/mixed use, and golf courses. Consolidate and distribute educational resource regarding appropriate fertilizer usage. nABs, All Flood Threats, Pest & Disease, Extreme Heat, Drought, All Flood Threats, HABa.Dmughk. Groundwater Inundation, Pest & D|aaaaa Groundwater Flooding, Drought All Tidal Floodin Groundwater Inundation, Saltwater Intrusion, Rainfall -Induced Flooding, Drought, HABa Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability Assessment Executive Summary Page 875 Of �943 PORTFOLIO OF REGIONAL ADAPTATION STRATEGIESCONT' Host regional public meetings about climate threats and solutions that are easily accessible tovulnerable populations. Meetings should be: (a)physically accessible (near public tnansport);(b)safe for all members; (c)located inplaces that the community values as All gathering spaces (e�.community centers and cultural certem); (d) led in, ortranslated into, the primary |anguage(s)ofthe community; and (e)Scheduled atvarious times toaccommodate different schedules. Engage artists, activists, youth.andeldam|npu0UooUmataohango education. Since Palm Beach County has strong cultural resources, All this strategy should leverage existing programs and networks. Further the discussions related tothe results ofthis study, and continue regionally important conversations regarding climate All change, sustainability, and resilience. Collect data through citizen science |nkiativao/pmgmmo.For example, map urban heat islands with citizen input ioinform All development ofpolicies tomitigate their effects. Identify grant opportunities tufund adaptation strategio��ham - Shoreline information onthese resources via the CRPand other established Recession, HABs.All Palm Beach County governmental groups. Partner strategically and Flood Threats, proactively onprojects. Review this strategy aspart ofevery CRP Drought meeting and update annually for new fundingsouroos. Continue leadership aoaregion through collaborative partnerships with strategic partners <e1g..the Palm Beach County League ofCities, Chambers ofCommerce, etrlwith afocus onstrategic funU|ngfor All the region tnbuild resilience throughout Southeast Palm Beach County. Collaborate as the CRIP to identify and share resources and tools to All ?.ssist individuals with financing home or business adaptation efforts. Engage |nthe implementation ofthe new lanUmark'AKwayoReady' resilience law, and ensure the CRPhas taken the necessary steps to beatthe front ofthe line when planning and infrastructure funds All become available. 23 Coastal Resilience Partnership mSoutheast po/mBeach County cnmateChange Vulnerability xomso *Df69A3 CONSULTANT TEAM �NGEN r FW ING 01,NW� f ING ATM11-""" ArT-,--u & I- Va V11 NEMACFernLeaf CH 4;0 RE "a u &ASS0( IA1 US ERIN L. DEADY, RA, Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability Assessment Executive Summary Page 877 of,043 MOTES 25 Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability AssessmeRagetWgrof QA3 ��"NOTES Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability Assessment Executive Summary Page 879 of E943 MOTES 27 Coastal Resilience Partnership of Southeast Palm Beach County Climate Change Vulnerability AssessmeRa@& 8Grof a9}3 10.A. Unfinished Business 6/15/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 6/15/2021 Requested Action by Commission: Monthly update on the Town Square project by JKM Developers. (Tabled from the June 1, 2021 City Commission Meeting.) See attached letter/update dated June 1, 2021. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description a:air:tlNy Upda tE) Page 882 of 943 2300 Glades Road Suite 202 East Boca Raton, FL 33431 Office: 561-886-6684 Boynton Town Square City Commission Update -Private Sector June 1, 2021 Dear Mayor, Commissioners and City Manager: Discussions between JKM and the City to resolve all open issues and disputes have taken place and are on-going. In furtherance of those discussions, JKM will present a more detailed settlement solution during confidential settlement discussions and an upcoming Mediation. While these detailed plans are being finalized, to inform the City Commission of JKM's intentions, settlement bullet points to be proposed are as follows: North & Central Parcels 2 & 3, Mixed-use Buildings and North Parking Garage: • A revised Site Plan Amendment/Application for Parcels 2 & 3 (North & Central) will be submitted to the City. a. The revised Site Plan will include a reduced size North Parking Garage. b. The revised Site Plan will include reduced size and density of dwelling units for buildings on Parcels 2 & 3. c. Restaurants/Retail on Boynton Beach Blvd. and Ocean Ave. will remain. d. Un -used Master Plan density/intensity from the revised Site Plan for Parcels 2 & 3 can be used on Parcel 1 (Hotel Parcel). e. The North Parking Garage will be moved so that it is not contiguous to the Children's Playground, "Kids Korner", north of the Children's Museum. A 2 -story, freestanding Apartment Clubhouse on approximately ±.45 -acre will be contiguous to the Playground instead. • An approximately ±.55 -acre parcel contiguous to Parcel 1 (Hotel Parcel) along Boynton Beach Boulevard will be deeded back to the City for use with the Parcel 1 Site Plan. • City financial assistance, pre -purchase, tax assistance or TIF will not be requested for the Parking Garages or Parcels 2, 3 & 7 buildings. • Dates certain for Garages North and South construction starts and corresponding construction loan commitments will be submitted as part of the Settlement proposal. South Parcel 7, Parking Garage and Apartments: Pending litigation has negatively affected the prospects of obtaining any project construction financing. To be clear, Banks and Lenders do not close on project financing where the jurisdiction of the project (City of Boynton Beach) has litigation pending against the Borrower, or potential Borrower. Page 883 of 943 Over the next few weeks, we look forward to discussing these issues in greater detail and working toward a beneficial resolution for the vision of this important project. Respectfully submitted, John Markey JKM Developers, LLC -Coconut Northlake, LLC Letter of Intent 7/6/2020 Page 2 of 2 Page 884 of 943 11.A. New Business 6/15/2021 Requested Action by Commission: Commissioner Penserga requested information regarding economic development incentive programs offered by other cities throughout the County. David Scott and John Durgan will present the findings from a survey of regional redevelopment and business incentive programs. (Tabled from the June 1, 2021 City Commission Meeting.) Explanation of Request: The Commission requested a discussion of redevelopment and business incentive programs to consider for the City of Boynton Beach. Staff surveyed the redevelopment and business incentive programs of regional cities. Additionally, the City partners with the Business Development Board as the countywide resource for relocating or expanding a business to or within Palm Beach County. Their services include help with permitting, incentive funding assistance, workforce development, research services, site selection, project management, and connections to public/private resources. They offer this information and assistance to decision -makers and consultants representing both significant large and small, domestic and international businesses in all industry sectors. The BDB also offers free and confidential services including: • Site inventory on available industrial buildings, land and office space are provided through our state-of- the-art computerized tracking system. • Site tours personally conducted by our Business Relocation and Expansion Staff. • Information on grants, assistance, and financial incentives available through the State of Florida, Palm Beach County, and local municipalities. • Introductions to the CareerSource Palm Beach County employee -training programs. • Introductions to public and private educational institutions. • Introductions to elected officials and local business leaders. • Review of available housing and cost of living. • Government zoning and permitting information. • Local buyer and supplier information. • Demographics and labor market information. • Available services and rates for utilities, communication, and transportation. • Introductions to banks, law firms, employment agencies, accounting firms, and all other appropriate suppliers. • Technical presentations tailored to company's specific location requirements. • Overview of Palm Beach County's lifestyle, including recreational and cultural amenities. • Research Services. The City's redevelopment and business incentives are site specific, with offerings that differ for businesses located within the CRA district and businesses located outside of the CRA district. Generally, the City services include help with permitting, connection to incentive funding assistance through the BDB, workforce development through CareerSource, assistance with research services and site selection, and connections to public/private resources such as the Boynton Beach Library business resources. Page 885 of 943 How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Strategic Plan: Building Wealth in the Community Strategic Plan Application: Job creation Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D ttacIhtirTIENI'lt D ttacIhtirTIENI'lt Description 1::.coir oirnic, Ii:: E)VE)lk)�PirTIENI'lt II ir:CEsir:tive'S 1::.coir oirnicIi: E)V(.)ll )pirT1Esir1tII ir1C E)ir:tliV(.)S IFlirEsa ENI'Itatioin Page 886 of 943 a= �ErE p E E E m m E_ E>,EQE E v — mE Aa ma v6 v6 E E E Ea E o EE E �E Y6p E E s' E E a E ° E_ w aE £� E EEE3 N a E9 _ EE EEz Ez 8 E Eta 6v9 o gE " v e90 EE E6 E a m°9 .EES E E. E E E E9 6 a u- E,� 9 .. >'E E E E _ tc E (U V) v nA cv O 4- C: O E Q _O N E > N o O � Q E 00(U W 4- U N .� O v ca � Q 0,� O d Ln o O >' -W N L > 0 Ln nen Q O � Q � OZj N N � E > N CL E O v (U v O ate+ ++ O i W � m N O N 0- -0 -0 E Ll - E v Q V O �' G. Ln tB t v N Q O Q Ln N (U t V) 4� O O -0 N �-+ N t -0 N � � O tB O � O Lnv C Q v (U 0 -0 4- 0 V) O u v O 0 O Ln O 4- Q 0 4- (U L XO .-. 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New Business 6/15/2021 Requested Action by Commission: Discussion regarding intended use for Historic Woman's Club of Boynton Beach. Explanation of Request: City staff met with several vendors the week of June 7 and is setting up additional meetings to get advice from industry experts (wedding planners, private event planners, caterers, etc.) to determine the best path forward for maximizing the use of the Historic Woman's Club of Boynton Beach, including the potential for comingling the event space with a nonprofit entity. In order to provide the City Commission with recommendations that have been thoroughly vetted, staff is requesting to bring forward recommendations for use of the space at the July 20, 2021 Commission Meeting. How will this affect city programs or services? Fiscal Impact: TBD Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 893 of 943 11.C. New Business 6/15/2021 Requested Action by Commission: Presentation from Public Art Manager, Glenn Weiss, on proposed direction for a new Mural Program. Explanation of Request: Commissioner Ty Penserga requested a presentation from staff for a potential mural program to increase the number of murals in the city and community participation. How will this affect city programs or services? The implementation of the mural program will require managerial staff hours from the Public Art Program. Additional support may be required by staff from Planning and Zoning to modify the municipal code, Recreation & Parks if murals occur in Park facilities and Community Standards to enforce mural regulations for criteria and maintenance. Fiscal Impact: Currently, the draft FY 21-22 budget includes $20,000 in the Public Art Fund for artist fees and promotion of any new mural program. Alternatives: No action. Continue to review mural applications by the Art Advisory Board as they occur. Strategic Plan: Redevelop Downtown, Boynton Beach Branding Strategic Plan Application: New murals will contribute to the artistic and cultural appearance of the City's buildings and streetscapes in Downtown and elsewhere. The City brand will be enhanced through the images and the positive feelings of residents engaged in the mural design or painting process. Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttach irTIEN11t Description Flrol c.SE: ,d I L.Jir'4� Pirogra irnIFlir'Esa ENI'Itatioin Page 894 of 943 BOYNTON BEACH Prepared by Public Art Program with Art Advisory Board Page 895 of 943 R E N T S I US No Focus /Priority on Murals All Murals Reviewed &Approved by Art Advisory Board 2 City Owned Murals - 8 Approved Private Murals Page 896 of 943 Page 897 of 943 Page 898 of 943 MURAL PROGRAM RESEARCIIIIIIIIIIIIII, Civic Purpose City, CRA or Non -Profit Management Zoning &Approvals Page 899 of 943 Downtown Redevelolornellt Hollywood, Lake Worth, West Palm Arts DI h rh Idelltity Boynton Arts District, Wynwood in Miami, Murray Hill in Jack- sonville, Grand Central in St. Pete, Downtown Vero Beach Community uni DI i Memphis, Tampa, Flint 11 fistoricTourism Palakta, Lake Placid, Punta Gorda Anti -Graffiti iii Boynton Sara Sims, Hope Gallery in Austin, TX, Started Philly 1980s/90s idea P prrarrnJ %000foy �r'lllllia„oG mrrrrrnl ;A M TY P E - %�iioi�pG � F U N D N (�((liiuUl�� Jj � urrrmrr� (�(�(�(�liu»1J�� illll�lfU�� I �JJ Vii% �rorrra/ %° iioiii �l F") �iarir/////�f 0// �a/aaiair/ City Publicr Full City funding with City management. All public art programs in the USA CRA / DDA Matching grants with owner management or full funding with CRA management. Lake Worth, Hollywood, West Palm Special ur Non -Profit Corporate, foundations and individual donations with City or CRA basic grant for operations. Vero Beach, St. Pete, Philadelphia Mural Festival Corporate & individual donations with City or CRA start up funding. Jacksonville, Lake Worth, St. Pete, Gainesville Page 900 of 943 ZONING& 11 (jjj1111 (jjj� �°�aiUj��r��oJ,/�I««nao//r, I««iiao//r, ,rrrrrrrrrar«piiiaoi� � ��o��oi�ib/lU/�IIIIIIII(((((((((( b/lU//�� irrrrarr�rl�� / ' � (�((luuudf�l(�((luuudf�l ';muy�� ' �� ir�rrrrrrJri��jU/�IJ� �: ooioiii %�imid��ic 111,liiiiii l��JJ �JJr �II � iirrrrmlllll V / �iiiiii / ��liiaaaaii `�ooiiii///f� � e r Zoning Typically prohibited from Single Family Zones. Encouraged in industrial zones and redevelopment areas Signs r in ole Murals cannot contain commercial messages Approvals None: Only between artist & building owner (Jacksonville) City or CRA staff: Not commercial & does not violate community standards. Art Board: Approved based on artistic qualities & community standards. Others: P&Z board, CRA boards, special groups, curator, neighborhood board Code ComplianceCode language about acceptable condition of mural D rrrrrrrrrrq %/�j��,, F"`I, iiira I««iiaf�/ii�ri� �rrrrrrrr tJJJrrr, M r««ni�o�l/�j�rA P anarriilp� , 0//i�oi ,1JJJJJIrrrrrD�i� anaoiA M p�uy�l1 ��b�i��l///// luuuiff�l IL �� fJ U (((1»uU°«,� III u�u111J"��6 ��J �� rrrrrrrr/r� III uu�lly�Wlll Vii, I((r (1' P , am/////'' 1 W 0/i L W�� , "°d//!' "%iioii%%i W�� P41e Draft Management for FY22 Draft Ordinance Concepts Draft Goals A Few Ideas Page 901 of 943 MANAGEMENT PROP L Pilot Prograrn With a $20,000 Budget for FY22, the City will issue matching grants for property owners to paint murals and issue calls for artist for City property murals. The FY22 program is managed by the Public Art Department Art Advisoryr Art Board reviews and approves all murals in the City. In a five year plan, the AAB will present location and theme ideas to the City Commission. CRA The Public Art Dept will develop with the CRA staff a method to encourage additional murals in the CRA districts. Non -Profit DIS men City will investigate establishing a non-profit for donations and potential future management of a mural program. D piairn�� 4/1.,'A �d� li a Mural OrdinanceL ' Define Mural Provide criteria and assign evaluation to Art Advisory Board Provide criteria for required condition of mural Authorize City Manager to develop guidelines and application No fee to apply for mural approval Changes her Code Sections Zoning Prohibit murals from single family zones except in private backyard spaces. Signs r in ole Exempt murals from Sign regulations Art Advisoryr Responsibility to approve all murals in the City Page 902 of 943 GOALS( r BOYNTO N Visitor Attraction A pedestrian activity for the total visitor experience of art, entertainment, dining, shopping and exploring. Neighborhood pi iDIS Reinforce the priorities and values on a particular neighbor- hood such as education, friendliness, nature or families. Cultural Pride Images of accomplishments and people that proudly represent the groups of people in the City or neighborhood. Micro i tD ict Branding Without specific advertising, images that relate to thethe businesses in particular area such as breweries, BBQ, technol- ogy, healthcare, fishing, auto repair, etc. A FEVPVI�' I u111g�r, 1111rrrrrlfy( ��= E - /ir/oil «rrrrrrf��rlrrrrrr 1J,,"! ((( ryrrrrrngl E - %/ 8!`3 IF,�� uiUJ�Oirrrrrr/////� �i//%�' "`G iii///%" W1J� W) )�,,,,,,11// i % Photo interaction A Boynton Beach postcard mural. Interactive murals. For example, hold a fishing pole with a marlin jumping or stand with famous Black Americans. Parking DIS Garages The new downtown parking garages for apartments prioritize a mural, especially if facing on the railroad Portraits Images of people important to the local ethnic communities Boynton Mail & CongressColorful and surprising murals to enhance the aging buildings prior to replacement or renovation. Brewery i tD ict Murals about beer, hops, barley and joy. Page 903 of 943 12.A. Legal 6/15/2021 Requested Action by Commission: Proposed Resolution No. R21-062 - Authorize the Mayor to sign an Easement Agreement with Palm Beach County Board of County Commissioners to allow construction access and staging in a designated area at Oceanfront Park for Ocean Ridge Shore Protection Projects and the South Lake Worth Inlet Maintenance Dredging Projects. Explanation of Request: Palm Beach County Board of County Commissioners has requested an Easement Agreement to allow construction access and staging at Oceanfront Park which will assist in the completion of Ocean Ridge Shore Protection Projects and South Lake Worth Inlet Maintenance Dredging Projects through the term ending October 31, 2045 unless sooner terminated. How will this affect city programs or services? Areas of Oceanfront Park parking lot may be unavailable for parking during scheduled projects. Fiscal Impact: Non -budgeted Alternatives: Not to approve the Easement Agreement. Strategic Plan: Transportation and Mobility Strategic Plan Application: Construction under the Ocean Ridge Shore Protection Project also serves to renourish Boynton Beach's Oceanfront Park and South Lake Worth Inlet Maintenance Dredging Projects will improve boat access when launching from Harvey E. Oyer, Jr. Park Boat Ramp. Climate Action Application: No Climate Action Application Is this a grant? Grant Amount: Attachments: Page 904 of 943 Type Ag ir'EsE) rTIE) II'l t Description IRE)SOkAboin approvilllg OC2,ainfroint IFlairlk EaSENrTIENI'lt Agir'E)E)irTIE)l['It with FlairnBE�,ach COL.All'Ity OC2,ainfroint IFlairlk IEaSE�,irTIEsll'ItAgir'EsEsirTIEsll'ItIF:::oir Coir stir'LAChoin AcCE)ss aind Stagiing Page 905 of 943 I RESOLUTION NO. R21- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 AUTHORIZING THE MAYOR TO SIGN AN EASEMENT AGREEMENT 4 WITH PALM BEACH COUNTY BOARD OF COUNTY 5 COMMISSIONERS TO ALLOW CONSTRUCTION ACCESS AND 6 STAGING IN A DESIGNATED AREA AT OCEANFRONT PARK FOR 7 THE OCEAN RIDGE SHORE PROTECTION PROJECTS AND THE 8 SOUTH LAKE WORTH INLET MAINTENANCE DREDGING 9 PROJECTS; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, Palm Beach County Board of County Commissioners has requested an 12 Easement Agreement to allow construction access and staging at Oceanfront Park which will assist 13 in the completion of Ocean Ridge Shore Protection Projects and South Lake Worth Inlet 14 Maintenance Dredging Projects through the term ending October 31, 2045 unless sooner 15 terminated; and 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 17 recommendation of staff, deems it to be in the best interests of the City residents to approve and 18 authorize the Mayor to sign an Easement Agreement with Palm Beach County Board of County 19 Commissioners to allow construction access and staging in a designated area at Oceanfront Park 20 for the Ocean Ridge Shore Protection Projects and the South Lake Worth Inlet Maintenance 21 Dredging Projects. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 23 CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. Each Whereas clause set forth above is true and correct and incorporated 25 herein by this reference. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 27 approve and authorize the Mayor to sign an Easement Agreement with Palm Beach County Board 28 of County Commissioners to allow construction access and staging in a designated area at 29 Oceanfront Park for the Ocean Ridge Shore Protection Projects and the South Lake Worth Inlet 30 Maintenance Dredging Projects. A copy of the Easement Agreement is attached hereto as Exhibit 31 "A". S:ACA\RESO\Agreements\Oceanfront Park Easement Agreement With PBC - Reso.Docx Page 906 of 943 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 15th day of June, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Agreements\Oceanfront Park Easement Agreement With PBC - Reso.Docx VOTE YES NO Page 907 of 943 Return To: Tracy Logue, Coastal Geologist Palm Beach County Environmental Resources Management 2300 North Jog Road, 0 Floor West Palm Beach, FL 33411-2743 EASEMENT AGREEMENT FOR CONSTRUCTION ACCESS AND STAGING THIS EASEMENT AGREEMENT is made this day of , 2021 between the City of Boynton Beach, whose mailing address is 100 East Ocean Avenue, Boynton Beach, FL 33435 (`Grantor"), and Palm Beach County, a political subdivision of the State of Florida, whose mailing address is 301 North Olive Avenue, West Palm Beach, Florida 33401, (`Grantee"), both being herein referred to collectively as the "parties," for the sole purpose of providing construction access and staging for the OCEAN RIDGE SHORE PROTECTION PROJECTS and the SOUTH LAKE WORTH INLET MAINTENANCE DREDGING PROJECTS (`Projects"). 1. Grant of Easement. In consideration of the mutual benefits to be derived from the Projects, the sufficiency of which is hereby acknowledged by the parties, the Grantor hereby grants, bargains, and conveys to the Grantee, its subcontractors, agents and employees, a construction staging and access easement on, over, under, through and across the three separate parcels described in Exhibit "A," attached hereto and incorporated herein (`the Easement Premises"). This instrument is further subject to all easements, restrictions, covenants, conditions, limitations, and reservations of record, if any. 2. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift to any public authority or any third party, and this Easement shall be strictly limited to and for the limited purposes expressed herein. Nothing herein contained shall be deemed to give the public or any other persons, other than Grantor, Grantor's successors, assigns, officers, directors, partners, contractors, tenants, lessees, mortgagee, agents, employees, guests, customers, invitees, members, and Grantee and its subcontractors, agents, and employees any access rights to the Easement Premises or access to the beach from the Grantor's property other than as may have existed prior to the date of this Agreement. Grantor hereby reserves the right to the continued free use of the property in a manner not inconsistent with the rights granted herein to Grantee and subject to the terms and conditions of this Agreement. 3. Grantee's Use. The Easement Premises may be used by Grantee, its subcontractors, agents, or employees solely for the purpose of providing access during and only during periods of construction or maintenance associated with the Projects. For purposes of this Easement, staging is defined as the storage of equipment or supplies in support of the Projects. The parties acknowledge that it may be necessary to remove obstructions from the Easement Premises and this may include removing vegetation, pruning vegetation, and removing fencing or any other obstacles within the Easement Premises. In the event the Grantee's use of the Easement Premises, as defined herein, frustrates or interferes with the Grantor's conducting its business or the public's activities, the parties will work cooperatively to identify a new Easement Premises in a location suitable for the Grantee's use in accordance with this Easement. Any amendment to the Easement Premises pursuant to this paragraph shall be signed by both parties, and recorded in the Official Public Records of Palm Beach County. 4. Grantee's Obligations. Grantee shall obtain all permits and approvals required by all applicable governmental entities. Grantee shall safeguard and maintain the Easement Premises and its immediate environs throughout the term of the Projects. Any damage caused by Grantee or its agents or employees to the surface or sub -surface portion of the Easement Premises or any property of the Grantor or others located therein shall be repaired by the Grantee in a workmanlike manner satisfactory to the Grantor. Such repair work may include, but is not limited to, placing sod on the easement area and re-routing any existing irrigation lines and repaving. Grantee shall use its best efforts to restore the easement area no later than three months after the completion of each Project event requiring construction access in support of the Project. Generally, construction work associated with the Projects will commence on or about November 1 and may continue through {00446024.1306-9001821} Page 908 of 943 April 30 of the following year; construction access will be required during that period Grantee shall provide Grantor with sixty (60) days prior written notification of Grantee's desire to enter onto the Easement Premises. For ongoing maintenance associated with the Projects and/or emergency projects, the Grantee may request to enter onto the Easement Premises without the full sixty (60) days prior written notification, subject to Grantor's written approval. 5. Grantor's Obligations. Grantor shall not commit any act that would interfere with or impede the rights granted to Grantee, its subcontractors, agents or employees under this Agreement. 6. Term. This Agreement shall be effective upon execution by both parties and shall continue through October 31, 2045, except as set forth in this section and in section 16 below. The rights and Easement granted herein shall automatically terminate October 31, 2045, unless sooner terminated. Either party may terminate this Agreement for convenience upon thirty (30) days prior written notice to the other party. However, in the event the Grantee is currently occupying the Easement Premises for the Projects at the time the Grantee receives such notice from the Grantor, this Agreement shall not be terminated until the work on the current Project is completed, but no later than sixty (60) days following notification by the Grantor. Either party may thereafter record a memorandum or notice of termination. 7. Subordination of Rights. The Easement hereby granted is subject and subordinate to Grantor's right to enter and work upon the Easement Premises. 8. Insurance. Without waiving the right to sovereign immunity as provided by 5.768.28 F.S., the Grantee acknowledges that it is a political subdivision of the State subject to the limitations of 5.768.28 F.S. as amended. Grantee shall maintain a fiscally sound and prudent liability program with regard to its obligations under this Agreement. Should Grantee contract with a third party to provide any services related to this Agreement, Grantee shall require third party to provide at least the following insurance: a. Commercial General Liability with minimum limits of $500,000 per occurrence and to endorse Grantee and Grantor as Additional Insureds. b. Workers' Compensation in accordance with Chapter 440 F. S., with coverage for Employer's Liability. c. Business Automobile Liability with minimum limits of $500,000 each accident. d. Grantor shall be named as Additional Insured. 9. Indemnification. Each party shall be liable for its own actions and negligence, and, to the extent permitted under 5.768.28 F.S., Grantee shall indemnify, defend, and hold harmless Grantor against any actions, claims, or damages arising out of Grantee's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in 5.768.28 F.S., nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful, or intentional acts or omissions. 10. Grantor's Representations. Grantor represents and warrants that Grantor is the lawful owner of and has good and marketable legal title to the Easement Premises; Grantor has the full right, power, and authority to grant this Easement, and all other rights granted hereunder to Grantee and that Grantor has disclosed the location and terms of all other known easements that may affect the Easement Premises. If any person shall seek to set aside this Easement or to nullify the rights granted hereunder based upon an alleged superior right in the Easement Premises, then Grantor shall, upon Grantee's request and at Grantor's expense, take any action reasonably necessary to secure to Grantee the rights and interest granted hereunder. 11. Authority to Execute This Agreement. Any person executing this Agreement and representing Grantor hereby warrants and represents that he or she has received all governmental authorization necessary to bind Grantor to the terms of this Agreement. Any person executing this Agreement and representing Grantee hereby warrants and represents that he or she has received all governmental authorization necessary to bind Grantee to the terms of this Agreement. 12. Assignment. The County may assign the Agreement to another governmental entity for the purpose of construction access and staging in accordance with this Agreement, subject to the prior {00446024.1306-9001821} Page 909 of 943 written approval of the Grantor 13. Prohibited Acts by Grantee. With the sole exception of the Easement Premises, Grantee, its agents and employees shall not enter on, over, under, through, or across any other portion of Grantor's property for access to or to do work on the Easement Premises. Grantee shall promptly and at Grantee's expense repair or replace any unauthorized portion of Grantor's property damaged or destroyed and/or impairment thereto caused by Grantee during the course of Grantee's work. Grantee shall not plant or erect anything upon the dune which shall unreasonably interfere with Grantor's use of any portion of Grantor's Non -Easement Premises. Grantee shall promptly remove, on a daily basis, any unauthorized debris resulting from Grantee's work on the Easement Premises. 14. Impending Damage. Nothing herein shall prevent Grantor from reasonably protecting its property and Easement Premises from impending damage or loss due to wind, seas, storms, or other forces of nature in the event that Grantee is unwilling or unable to undertake such actions for any reason including lack of funding. In the event the National Hurricane Center issues a tropical storm warning or watch, or a hurricane warning or watch, affecting the Easement Premises, the Grantee shall secure or remove all its property located in or on the Easement Premises. 15. Governing Law and Venue. Any action to enforce this Agreement shall be brought in Palm Beach County, Florida. This Agreement shall be governed by the laws of the State of Florida. 16. Modification. This instrument shall not be modified or terminated except by written agreement signed by Grantor and Grantee. 17. Binding Effect. The covenants contained in this instrument, including all benefits and burdens, are not personal, but shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, transferees, successors and assigns. 18. No Joint Venture. Nothing in this instrument shall be construed to make the parties hereto partners or joint venturers or render them liable for the debts or obligations of the other. 19. Recordation. This instrument shall be recorded in the Public Records of Palm Beach County, Florida. 20. Termination. It is understood and agreed by the parties that the rights granted herein shall automatically terminate on October 31, 2045. (The remainder of this page left blank intentionally) {00446024.1306-9001821} Page 910 of 943 IN WITNESS WHEREOF, Grantor and Grantee have set hereto their hand and seals on the day and year first above set forth. Signed, Sealed, and Delivered GRANTOR: in the presence of: CITY OF BOYNTON BEACH, A Witness Name — Typed or Printed Witness Name — Typed or Printed APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Office of the City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH FLORIDA MUNICIPAL CORPORATION By: Steven B. Grant, Mayor The foregoing instrument was acknowledged before me by means of o physical presence or ❑ online notarization, this day of , 2021 by Steven B. Grant, as Mayor on behalf of the City of Boynton Beach, a Florida municipal corporation, and who is personally known to me or who produced as identification. Witness my hand and official seal this day of 2021. My Commission Expires: ATTEST: JOSEPH ABRUZZO Clerk of the Circuit Court & Comptroller By: Deputy Clerk (SEAL) Notary Public, State of Florida Printed Name: Notary Commission Number GRANTEE: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Dave Kerner, Mayor {00446024.1306-9001821} Page 911 of 943 APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: By: Scott A. Stone Deborah Drum, Director Assistant County Attorney Environmental Resources Management Page 912 of 943 12. B. Legal 6/15/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 6/15/2021 Requested Action by Commission: Proposed Ordinance No. 21-020 - First Reading - Approval of Ordinance creating Monument Policy for the City. Explanation of Request: The City Commission has expressed interest in formalizing a City policy setting forth procedures for review and approval of monuments. The proposed ordinance is intended to establish the policy, and if adopted and applied, will create a uniform method governing the process required for monument approvals. How will this affect city programs or services? Fiscal Impact: Alternatives: Not adopt the monument policy; or adopt a revised version of the policy. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Ordliir:air CE) Description Ordliir:a ll'I E) CirEsa tiir:q air:d Appirtnkng alM(Yrnjlirmll:t Floicy Page 913 of 943 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ORDINANCE. 21 - AN ORDNANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE CREATION OF A POLICY REGARDING MONUMENTS ON CITY PROPERTY; PROVIDING FOR AMENDMENT TO THE POLICY BY RESOLUTION; PROVIDING FOR REPEAL OF LAWS IN CONFLICT, SEVERABILITY AND PROVIDING AN EFFECTIVE DATE WHEREAS, The City Commission has expressed interest in formalizing a City policy setting forth the procedures for review and approval of monuments; and WHEREAS, the proposed ordinance is intended to establish the policy and if adopted and applied will create a uniformed method governing the process steps required for monument approvals; and WHEREAS, the City Commission finds that it is in the best interest of the personnel and citizens of the City to create a policy for placing monuments on City property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The above referenced whereas clauses are incorporated herein by 20 reference. 21 22 23 24 25 26 27 28 29 30 Section 2. The Policy regarding monuments within the City of Boynton Beach is hereby created as follows: SECTION L PURPOSE AND INTRODUCTION The City may, from time to time, decide to install permanent outdoor Monuments on City property to provide the City's commemoration of persons or events of note, or to otherwise convey the City's position on various topics ("referred to as "Government Speech"). By placing Monuments on City property, the City intends only to engage in Page 1 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 914 of 943 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 government speech and does not intend to open a public forum for free speech activity. The purpose of this Policy is to establish criteria and guidelines for the consideration and installation of Monuments outdoors in parks or open spaces owned by the City and deemed by the City to be appropriate to serve as the site for a Monument. In doing so, the City recognizes the following considerations: • Monuments can convey a powerful connection between Boynton Beach and its history, and in some instances its future. • It is therefore important that the placement of Monuments be limited to circumstances of the highest community -wide importance, both to maintain the significance of such Monuments and to minimize conflicts with the active and variable use of public spaces. • Monuments must be of City approved materials, size, design and specifications, with a goaltoward simplifying their review and long-term care. • Monument locations must conform to City planning regulations. Variances to setback requirements and height limits are not permitted. • Societal appropriateness evolves and changes over time. A Monument deemed appropriate when approved may be inappropriate at some time in the future. When the City Commission finds that a Monument or any part therefore is inappropriate, the Monument should be removed or the inappropriate portion thereof modified. Notwithstanding the foregoing, the City may decide, in its sole discretion, to reject a proposal for a Monument and/or may determine the appropriate site for any and all City Monuments. SECTION IL MONUMENT DEFINITION "Monuments" are markers, statues and other similar permanent installations to express Government Speech, as further described in this policy, and which are installed by the Cityon City property, or which are accepted by the City and installed on City property with City permission. Monuments may be in various forms including statues, fountains, or gardens among other forms of monuments as determined by the City. Page 2 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 915 of 943 77 SECTION III. GOVERNMENT SPEECH ON MONUMENTS 78 79 Citv's Government Speech Tom 80 81 The City may install or accept City -approved Monuments on City property as a 82 form of "Government Speech" as City recognition of significant events or 83 people or to provide information from the City on topics approved by the 84 City, as set forth below: 85 86 The contributions of individuals or groups who made a substantial impact 87 upon the City of Boynton Beach; 88 The City's position on topics of interest to the community, as determined 89 by City Commission; 90 The history of Boynton Beach, the State of Florida, or of the United States; 91 Historical or cultural influences on Boynton Beach; 92 Native flora, fauna and wildlife of Boynton Beach; 93 Local innovation or creativity that has contributed to Boynton Beach's 94 growth and prosperity; or 95 Other criteria selected by City Commission and set forth in an amendment to this 96 Policy. 97 98 The City shall not place Monuments on City property which have the purpose of 99 promoting, favoring or inhibiting any religion or which would appear to a reasonable 100 person that the City is promoting, favoring, or opposing a religion. 101 102 Monuments should serve as educational messages and should promote inclusiveness 103 and tolerance. 104 105 SECTION IV. ADMINISTRATION 106 107 The City Manager, following conceptual approval by the City Commission, may 108 approve or deny Monument proposals and may enact administrative guidelines and 109 procedures to implement this Policy, including without limitation, designation of 110 locations deemed amenable to Monuments. The City Manager shall also designate a 111 lead Department Head as Monuments Administrator of the City's Monument program. 112 113 Notwithstanding that certain City property may be operated or managed by a private 114 operator pursuant to an agreement, the evaluator of the Monument and the final 115 decision maker shall be the City and not the private operator or manager. The City 116 Monuments Administer shall coordinate with the Public Art Manager with regard 117 to any Monument that is primarilyPublic Art, as further described below. 118 119 SECTION V. DONATED AND PRIVATE FUNDING OF MONUMENTS Page 3 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 916 of 943 120 121 The City encourages private donations to the City to support various City programs and 122 City operations, which may include without limitation, the cost of acquisition, 123 installation and maintenance of Monuments on City property. The City prefers to receive 124 private donations inthe form of funds that may be used by the City to review, design, 125 fabricate, acquire, install and/or maintain Monuments, rather than the donation of a 126 completed Monument. 127 128 However, the City may from time to time, at City's sole option, consider accepting a 129 completed Monument as a form of Government Speech, provided that the Monument 130 meetsthe City's approved Government Speech topics and also meets all of the other 131 criteria set forth in this Policy and in any related administrative guidelines or 132 procedures. After City's acceptance of a Monument and subject to City's explicit 133 approval of installation of the Monument upon City property, title to the Monument 134 shall vest with City and the City may remove, relocate and shall otherwise have sole 135 control over the Monument. 136 137 While the City appreciates donations of Monuments to the City, the City is under no 138 obligation to accept any donated Monument even if the Monument meets all of the 139 criteria set forth in the Policy. The City's decision to accept a donated Monument may 140 also depend upon the cost to the City or Community Redevelopment Agency of design, 141 fabrication, installation and maintenance of the Monument and site considerations, 142 among other factors. 143 144 The City may, at its option, decide for budgetary reasons to prioritize Monuments where 145 the City expects to receive donated funding to cover the cost of design, fabrication, 146 installation and maintenance of the Monument. Unless otherwise agreed by City 147 Commission, the donor of aproposed Monument is responsible for providing the City 148 with funds to cover the cost of review, design, fabrication, installation and maintenance 149 to ensure adequate care for the Monument. 150 151 SECTION VI. REVIEW PROCESS 152 The following is a summary of the steps in the review process. More details regarding each 153 step will be set forth in administrative policies issued by the City Manager. 154 155 Step 1 Monument proposed 156 Step 2 Monuments Administrator conducts preliminary review. The City 157 Monuments Administrator shall provide the initial screening of Monument 158 proposals to determine if the proposed Monument complies with the 159 provisions of this Policy including without limitation, to evaluate the 160 suitability of the proposed Monument site, if any. 161 162 • In not in compliance, proposer is notified and may 163 resubmit 164 • If in compliance, Step 3 Page 4 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 917 of 943 165 166 Step 3. City Manager appoints a City staff committee to review and make 167 recommendations. 168 Step 4. Committee makes recommendations to City Manager 169 Step 5. City Manager submits report to City Commission 170 Step 6. City Commission public hearing and disposition of proposal 171 Step 7. City Administration implementation of approved Monument 172 173 174 City Commission shall have final approval of a City project to design and construct a 175 Monument, or to accept a donated Monument. The decision of the City Commission is 176 a legislative decision made following a public hearing. The hearing is not a quasi-judicial 177 hearing. The Commission decision may be tabled once and following approval or 178 rejection is not subject to a motion for reconsideration. City Commission shall make a 179 final determination on the approval or denial of the Monument proposal by evaluating 180 (i) the merits of the Monument proposal based upon the criteria set forth in this Policy, 181 (ii) City Manager's reason for denial, (iii) the results of any staff review of the proposal, 182 and (iv) the recommendations of the appropriate City Commission. 183 184 No proposed Monument that has been rejected may be re -submitted for a period of 185 three (3) years. 186 187 All required environmental and sustainability review shall be approved by the City's 188 planning department beforethe City commits to installing a Monument. The Monument 189 shall be consistent with adopted City master plans and adopted Redevelopment Agency 190 master plans unless those plans are amended as a part of the review process. 191 192 Notwithstanding the foregoing, the City may decide, in its sole discretion, to reject a 193 proposalfor a Monument and/or may determine the appropriate site for any and all City 194 Monuments. 195 196 Additional Review Process if a Monument is Primarily an Original "Work of Art" 197 198 The Public Art Manager shall recommend and advise the City Manager, whether a 199 proposed Monument is primarily an original "work of art". A "work of art" is 200 defined as a Monument that is designed by and crafted by or under the 201 supervision of a professional artist. A Monument that is deemed primarily a 202 "work of art" shall be considered "public art" and shall become part of the 203 City's Public Art Program inventory. 204 205 SECTION VII. REVIEW CRITERIA 206 207 A proposed Monument must conform to the approved Government Speech topics. Also, 208 a Monument must be made of durable materials, able to withstand the elements for a 209 minimumof 50 years with minimum maintenance, shall be made of materials resistant to 210 vandalism and graffiti as much as is reasonably possible, shall be of a scale, materials, Page 5 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 918 of 943 211 color and style appropriate and consistent with aesthetics of the proposed location of the 212 Monument and such other reasonable factors as City Manager determines. 213 The City may decline to approve or to accept a Monument for any lawful reason. 214 215 The City shall only proceed with the design, fabrication, and installation of a 216 Monument after completion of the review process and the conclusion is to move 217 forward. In reviewing a proposed monument, the relevant Departments, the 218 applicable City Commission and City Manager shall review the proposal based 219 upon the criteria set forth in this Policy including the following: 220 A. Whether the person, group or event being memorialized deemed by the City to 221 havemade a significant enough contribution to merit a Monument of the scale, cost 222 and visibility of the proposed Monument. 223 224 B. The Monument does not duplicate existing Monument themes. Multiple 225 monuments forsimilar or related groups shall be avoided. 226 227 C. The Monument proposal has been through community outreach conducted by the 228 group or person suggesting that the City install the Monument, and that the 229 installation and maintenance of the Monument is within the priorities of the work 230 plan of the responsible Department. 231 232 D. Outreach should inform the community that this Policy only authorizes one 233 Monument to honor a particular event, person or topic. 234 235 236 237 E. The proposed Monument is not objectionable to the persons or community that the 238 Monument is intended to honor. If through the public outreach process, the City 239 Manager finds that a proposed Monument is a source of substantial dissension or 240 discord within the City, the City Manager shall seek further direction from Rules 241 Committee before making a final determination. 242 243 F. The proposed site in the park or plaza for the Monument is related to the 244 underlying purpose of the Monument or the site in the park or plaza has been 245 designated in a master plan or other approval of the City Commission or City 246 Manager as a particularly appropriate site for a proposed Monument. 247 248 G. The Monument has been designed by or under the direct supervision of a 249 qualified professional in the art or design field, and provides a quality, scale, 250 and character commensurate with the location, circulation, and use patterns of 251 the City property. 252 253 H. Qualified professionals include registered architects, engineers, landscape 254 architects and artists who can demonstrate professional recognition in the form 255 of public commissions or permanent public installations. The City may solicit Page 6 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 919 of 943 256 input from art and design professionals such as artists, architects, landscape 257 architects, planners or urban designers in making this determination. 258 Monuments shall not displace the intended function and or use of 259 said property, as articulated in adopted master plans or similar City 260 documents. 261 I. There is a committed and verifiable funding source for the review, design, 262 fabrication, installation and maintenance of the Monument before proceeding to 263 incur City costs and staff time. 264 265 J. Suggestions that the City recognize a significant event, person or other approved 266 topic by means of a Monument, will be more favorably received if the advocates 267 for the Monument provide the City with funds that cover the cost of review, design, 268 fabrication and installation,and an adequate endowment to cover the cost of the 269 Monument's maintenance as determined by City. 270 271 K. While less desirable, the City may consider accepting an agreement from a group 272 to maintain a Monument in perpetuity and in accordance to City Standards rather 273 than a cash endowment; however, this will require the City to incur additional effort 274 and cost, including without limitation, compliance with the City's public-private 275 competition policy. In any Monument maintenance agreement, the City will require 276 an up -front endowment or deposit to cover at least one year's maintenance of the 277 Monument to protectthe City against future default. Notwithstanding the City's 278 decision to enter into a maintenance agreement, the Monument remains City 279 property and City's Government speech and the City may remove the Monument 280 at any time and for any reason. 281 282 The following additional criteria and factors shall be considered in evaluating a site 283 (whichmust be within a park or plaza) for a proposed Monument: 284 285 Streets and other public rights-of-way also shall not be considered for use as 286 Monument sites, except to honor City employees who have died in the line of duty, 287 as further provided below. 288 289 Monuments may be considered in Neighborhood Parks of more than five acres and 290 thathave at least one Community Serving Amenity as defined in the City's 291 approved masterstrategic plan for parks and community facilities. Monuments in 292 Neighborhood Parks should have a connection to the neighborhood through 293 history, individual or group contributions and accomplishments, or similar factors. 294 295 SECTION VIII. PUBLIC RIGHT OF WAY 296 297 The public right of way shall not be considered as a site for Monuments, except that 298 the City may honor City employees who die or have died in the line of duty while 299 serving the City, by placing a memorial plaque at or near the location of each 300 employee's death. The City's Director of Engineering is authorized to install 301 memorial plaques in the public right-of-way to commemorate City employees who have died in the line of duty Page 7 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 920 of 943 302 while serving the City if each of the following conditions exists 303 304 1. The property owner adjacent to the location of the proposed memorial 305 plaque has been consulted on the placement of the memorial. In the event 306 the property owner does not agree to the proposed location, the City will 307 attempt to locate a nearby alternative location. 308 2. The memorial plaque must be flat and level with the sidewalk, and 309 placedbehind the curb. 310 3. The memorial plaque must not interfere with the public use of the 311 sidewalk orright-of-way area. 312 313 314 SECTION IX. OTHER POLICIES 315 316 Nothing in this Policy is intended to supersede or limit any other City Commission 317 Policy including without limitation, the City's Naming Policy, Community or 318 Neighborhood Identification Policy, or the City's Revenue Generating Policy. 319 320 This Policy does not cover temporary installations on City property, nor does this Policy 321 limit the City's ability to place signage or plaques on City property to provide donor or 322 sponsor recognition, public information regarding a City project, or to place historical 323 markers or to provide other information to the public. 324 325 City Development and Planning Departments may enact administrative guidelines 326 regarding plaques or signage for donor or sponsor recognition in a manner consistent 327 with the provisions of this Ordinance. 328 329 330 Section 3. This Monument Policy may be amended from time to time by Resolution 331 of the City Commission. 332 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 333 in conflict herewith be and the same are hereby repealed to the extent of such conflict. 334 Section 5. If any clause, section, or other part or application of this Ordinance shall be 335 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 336 or invalid part or application shall be considered as eliminated and so not affecting the validity of 337 the remaining portions or applications remaining in full force and effect. Page 8 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 921 of 943 338 Section 6. This Ordinance shall become effective on passage. 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 FIRST READING this 15th day of June, 2021. SECOND, FINAL READING AND PASSAGE this day of , 2021. Attest: Crystal Gibson, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga Page 9 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Vote Page 922 of 943 12.C. Legal 6/15/2021 Requested Action by Commission: Proposed Ordinance No. 21-022 - First Reading - Amend the Land Development Regulations, Chapter 3, Article IV, Zoning, Section 3.D. Table 3-28, Foot note #103 regarding Landscape Debris Stockpiling use, to add a minimum distance separation standard and amend certain existing operational requirements and standards to avoid hazards, nuisances, and other impacts on residential land uses. City initiated. Explanation of Request: The City's Zoning Regulations were amended in August of 2015 to incorporate a new use at that time along with corresponding provisions and operational standards. The consideration for this amendment was prompted by a local landscape contractor and justified by environmental benefits including, in part, the energy - conserving reuse of landscaping debris and reduction in material potentially destined for a landfill. The below excerpt from the 2015 staff report provides the background information considered at that time: "The City Commission has directed staff to prepare amendments to the Land Development Regulations intended to establish a new use within the City's Zoning Regulations titled Landscaping Debris Stockpiling, with corresponding procedures and regulations that allow for the stockpiling of vegetative matter collected by commercial businesses. The Land Development Regulations currently do not allow for the stockpiling (e.g. temporary storage) of such waste and the City Commission has embraced the pre-existing activity of a local and established landscape business as a sustainable and environmentally -wise practice. The City has learned that this business has been using its vegetative waste collected as part of its landscape services to contribute to a cooperative engaged in processing Biomass and Biochar which is used, in part, as a natural soil enhancer. Currently the City has no provisions for the storage of any waste matter within the City, and instead, all waste collected is typically delivered to a transfer station outside the City and operated by the Palm Beach County Solid Waste Authority. The subject regulations would allow the temporary storage of vegetative matter as a conditional use within the City's M-1 Zoning District, conditioned upon meeting specified site and operational requirements. Sources of the proposed standards include, in part, the County or State Health Unit, example regulations from another jurisdiction, and the City's Fire Marshall." Most uses, and particularly industrial and heavy commercial businesses, are required by Zoning Regulations to be conducted within an enclosed building to minimize impacts on surrounding properties. Given that the subject use would be conducted outdoors, and in close proximity to residential land uses, the use was introduced under an 18 -month pilot program to allow staff to evaluate impacts and land use compatibility. The pilot program was then extended to August 22, 2018, and before the program "sunsetted", on August 7th, 2018, the Zoning Regulations were amended removing the temporary pilot provisions for the use. The use was approved as a conditional use, along with corresponding operational standards that included various requirements related to property size, perimeter access, setbacks, pile height, Page 923 of 943 screening requirements, hours of operation, and dust control and fire prevention. Complaints from adjoining neighbors, and repeat violations have warranted a review of the original standards and consideration of options to address the issues associated with this type of business. Complaints and violations have primarily pertained to pile height, access path clearance, odor, and rodents/pests. Since January 1St, one to three different code violations have been documented each month. Staff considered recommending the removal of the use from the Zoning Regulations; however, in continued acknowledgement of the environmental benefits to promote vegetation recycling, staff alternatively recommends a few amendments to the minimum standards to, in part, to prevent impacts on residential environments, establish a specific revocation process for the subject use, increase minimum debris pile setbacks, and allow for additional buffer enhancements to be determined at time of conditional use review. The proposed amendments are further described on an attachment, in underlined and crossed -out text. The proposed amendments would not apply to previously approved conditional uses. However, City staff will continue to monitor the use, and enforce the city's standards to ensure the safe and sanitary operation of the business, through processes of the City's Community Standards Division. Lastly, the Planning & Development Board heard the item on May 25th and forwards it with a recommendation for approval, and with a revised condition of approval that would require the distance separation to be from commercial and mixed use zoning districts in addition to the residential districts. Staff supports the amended condition and it is included in the attached ordinance. How will this affect city programs or services? The performance of the existing Landscape Debris Stockpile use in the City has warranted staff inspections on the property at a frequency measurably higher than typically required of other businesses. The business activity as experienced to date represents excessive cost and burden on City services. The proposed regulations are intended to minimize land use incompatibilities and include a tailored revocation provision that would shorten the time period that a non-compliant business may operate, and reduce the impact on city services. Fiscal Impact: The operation of the existing landscape debris stockpiling business, as the City has experienced to date, represents excessive cost and burden on City services, which is above that which city fees are calculated to cover. The proposed regulations are intended to ensure that future stockpiling businesses approved by the City operate compatibly with abutting land uses. Additionally, with the proposed corresponding revocation provision, any future approved businesses that are unable to consistently operate in compliance with city standards could be forced to discontinue operations quickly, thereby minimizing fiscal impacts on city services. Alternatives: None recommended Strategic Plan: Strategic Plan Application: Climate Action Application: The subject zoning use represents a sustainable and energy -conserving zoning use through, in part, the reuse of waste materials. Page 924 of 943 Is this a grant? Grant Amount: Attachments: Type D OrdinainCE) D Staff IRE)port D AirTIENridirTIENI'lt Description Ordinal['IC2, airTIE)inding IlOtE) 103 ir'E�lgarding aindscalPEs dE)bris stockpiliing AttachirTIE)lllt A Staff IRE)port AttachirTIE)lllt IB FlrolPOSEd ArTIE)indirTIENI'ItS Page 925 of 943 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 21 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 3, ARTICLE IV, ZONING, SECTION 3.D. TABLE 3-28, FOOT NOTE #103 REGARDING LANDSCAPE DEBRIS STOCKPILING USE, TO ADD A MINIMUM DISTANCE SEPARATION STANDARD AND AMEND CERTAIN EXISTING OPERATIONAL REQUIREMENTS AND STANDARDS TO AVOID HAZARDS, NUISANCES, AND OTHER IMPACTS ON RESIDENTIAL LAND USES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City's Zoning Regulations were amended in August of 2015 to incorporate a new use at that time along with corresponding provisions and operational standards which was prompted by a local landscape contractor and justified by environmental benefits including, in part, the energy -conserving reuse of landscaping debris and reduction in material potentially destined for a landfill; and WHEREAS, the proposed regulations are intended to minimize land use incompatibilities and include a tailored revocation provision that would shorten the time period that a non-compliant business may operate, and reduce the impact on city services; and WHEREAS, the City Commission of the City of Boynton Beach has considered the 27 recommendations and has determined that it is in the best interest of the citizens and residents 28 29 30 31 32 33 of the City of Boynton Beach, Florida to approve the amendments to the Land Development Regulations as contained herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 3 Landscape Debris Stockpiling) - Ordinance.Docx Page 926 of 943 34 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 35 "Zoning", Article IV, Section 3.D. Table 3-28/Footnote 4103 is hereby amended as follows: 36 Land Development Regulations Ch. 3, Art. IV, Sect 3.D Table 3-28/Footnote 4103 37 38 103. Landscape Debnis Stockpiling. The commercial stockpiling of landscaping debris is 39 allowed as aconditional use in the M-1 zoning district oll ,,,,iroierties that are located minimum 40 of 200 feet from a Residential, Commercial or Mixed I.Jse Zoni1ij.,,, (:District as defined within .............................................................................................................. ......................................................... ........... ............................................................................................................................................................................................... ............ 41 C ti..aand subject to the following 42 additional requirementseoRd4ioli-s": ................................................................................ . ............................................................. 43 a. Prior to commencing the operation of a landscaping debn*s storage site, a property 44 owner mustfirst obtain a Business Tax Receipt and Certificate of Use from the city. 45 b. A site plan notated to show operational components of the storage facility (i.e. access, 46 storage area, setback, etc) gEd re lire,s�nt liatice with the .........................................................................................re.quirements lierein shall be 47 submitted as....ILart crftlie conditional use review. ............— 48 c. No stockpiling of landscaping debris shall be permitted on properties of less than 0.5 acres. 49 d. P m...v i d e 4.a. minimum 2().57foot wide stabilized all weather access road around the 50 perimeter of thestockpile. 51 e. All stored landscaping debn*s shall be setback at least 52 p��,', �,-25 feet from all property lines o a g ter distatice as detenuined tie e s i ..................................................................................................................................................................................... ......... ...... ilu- 53 u di ij.Lthe reviewJorconditional use atmroval. ............... 1 1 11_ 54 f. A LILlated site !2f &12jis sliall not cause an increase in off .......... E L_ ........................................................................................................................................................................................................................... 55 s i te A-4 storm water drainage al,4 56 4H.-pF&Y-e �,, as9.o.1i fligle d ftpfff��by the City Engineer or his or her designees d u..r..i il..J; jj!�� .... . ... . . .... ..... ..... ..... 57 review for conditional u s 58 c..o..........u............u.........e....li.....c.......e.........u.........e......Pit .... ..of ..t e.. Stora e �activml�.- 59 g. No chipping of stockpiled debris is permitted on the site. 60 h. The perimeter of a storage site shall be screened with a wall or fence that obstructs the 61 view of the storage area from adjacent properties.; 62 63 gaff w4 �H cl-'a 'J.'12 e qm o u 12 l, o f 64 tall .s92.1211rgq j. Cl,,,,,in .coif .....b........i....n........a......t.....io.n......with,.-the .....w...........al.l........o.......r...........f....e....n.c.......e...........s.....l....i....al.l........b........e...........d.......et....e.......n.......u..........i... i..e......d.........d.......iEi....n....a. the —review 65 for conditional use a roval.'Fliescr I used shall be constructed and/or maintained at .......................................................................................... ......... ...... I �nln. 66 a i..j] i il i i..j] u i.li oaf 6 feet.. 67 1. The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m., Monday through 68 Friday, and Saturday, from 8:00 a.m. to 2:00 p.m., or as established during the conditional use 69 approval process. 70 J. Access to operations shall be only from a public right-of-way. In no case, shall a delivery 71 or removal of the stored landscaping debn*s utilize a private road or alley serving residential uses 72 for access. 73 k. The delivery, removal and storage shall utilize dust control measures. 74 1. Debris piles shall nolt be placed on surfaces intended or designed for open space, or for 75 parking orvehicle circulation. S:\CA\Ordinances\LDR Changes\LDR Arnendinent (Ch 3 Landscape Debris Stockpiling) - Ordinance.Docx Page 927 of 943 76 m. 11.3ecause of the , ossible attraction of venuin to stored and decompgsin , material, j ....................................................................................................................................... f 77 s 11 al III a..v e ari e xtellll I ri a tion pl in overseen by..a mumercial externiinator. Measures used to .. . .... ..... .... ..... .. . .... ..... ... .... ... . .. .. k_ ... ...................................................................................................................................................................................... 78 mLv-entsuch entation sliall be made 79 a.Y a i I a.h.1 e to c i ty 12. jqjgn_K� 80 m.rr Storage areas shall include fire protection monitoring, alert and suppression 81 systems asapproved by the City Fire Marshal. The following are minimum requirements 82 w440+112 a t. must be demonstrated to obtain Fire Marshal approval: 83 1) No pile shall be higher than 10 feet., w i 11i. 1.1..e i.. litb ring; &1�1!1]jnedjuaintained with the g ....... ........ 1 .... ........................................................................................................................................................ 84 aced around the [)ile for use as reference 85 L)oints.During any declared drought the height shall be limited to six feet. 86 2) All piles shall be covered with a "breathable blanket" or site provided with a 87 sprinkler systemapproved by the City Fire Marshal. 88 3) All piles shall be secured behind a fence or other approved barrier that will be locked at 89 all timeswhen not in use. 90 4) Reet+use--a�, �--�f ffi-�H tkat� 91 4lh-F-e ftF"-e rif--e I 92 b ui 14i d -444e L4,Foi*-&H Y f H ee-. 93 5-4) A working garden hose shall be at the ready at all times to put out small spot fires. 94 45.) Each pile shall be t. ul il e d /.churned yt macer w-ei.o.12 a d a i 1.y basis, a mininium of 95 2.1.2 c e &.YA12sliall or his/lierI E 96 d , ' 1 s uired b �L Wn.�� Im K�vLs—ttl—iat records fre Liency 2f f ile maintenance actions e(�y ................................................................................................................................................... D. 97 this standard. aH4-s,& Ho : ei ................................................................................. 98 F..)epft4 .. efft- - 99 o. .. . ...... ........ R. v i e w for r..e vocation o f 11.3usitiess'.1'ax Certi (i cate. Re, f eat violations in accordance with this. 100 section sliall result in a : ion for revocation of bL Sill SS , mroval ........................................... ................................................................................................ 1��Lj e w lav the City Commission e a[ 1� 101 If .......... ...3 .....o........r.........m...........or.e...... v.i....o........l....at.....i....o........n........s.........o..f...... ..a......n........y 2..f..... ..!hg K�,.qqi r.e.11e r.i.t s otll i s (Q o tll o t e.....o.c.......c.......u.......r...... d.u.......r......i... .j.� 2consec�tive 102 jji.!2nj!j . . . . . . . . . . staff` ff. sil a ll rl o.1 i [Y-Lhe business 01-, gg!2E q d 1, 1, g1t 103 i.1.1. c I u d i an 9. .1 lil 11 i 012 0 11.1 e 12M!2a1.i 0 104 arxy violations of these uirementsoccuur l;rzrrrrl, ih.9 105 fo.l.w. a.r..d a C2121121ission summarizing qj� liolations. I'lie i y ... ..... .... ........ ..... .... ..... .... .... .................................................. ......................................... .......... ........ ......................................................................................... C t. _Commission 106 s 12 a..l 1 2 av e lle..21 ilrl s..of..eEdi i.j.thej,)robationary....i - e id. .e......t I .d.......i..II �tie- y 107 12M!2a1i..0)q val simultarie.Qu. sly 108 establishir g j!jg time allowed for the operator to decease business 2f g1glions on the snub' ct ............................................................. ....................................................................................................... ........... ....... ..... ............................................................................ 109 f eji d is,,,,e d d than staff will continue monitor n JL an d 2 ........ ........... ....... n I ...................................................................................................................................................................................................... 110 r violations to the Commission in accordance with this section. If the ................................................................................................................................................................................................................................................................................................................................................................................................................................ III ProbationaE staff,;will morritor..the o )eration for continued violations .................................................................. ........................................................................................... ................... ........ JILL 1011 ror contilluect violations 112 du i ij.Lthe extended ,)eriod and Eg. -7 , next ............... 1 1 gjji.jjjj s s i oll a t tll e ................................ . ... ... . ..... .. . .... .. .. .. . .... 113 available Commission I e ti rt owrrc;r shall be directl ............................................................................................................................................... 1.1 ........... e ............ 12 .. . ........ g.f �. ied each time drat 114 staff forwards the item to the Commission. ...................................................................................................................................................................................................................................................................... 115 116 Section 3. Each and every other provision of the Land Development Regulations 117 not herein specifically amended, shall remain in full force and effect as originally adopted. 118 Section 4. All laws and ordinances applying to the City of Boynton Beach in 119 conflict with any provisions of this ordinance are hereby repealed. S:\CA\Ordinances\LDR Changes\LDR Arnendinent (Ch 3 Landscape Debris Stockpiling) - Ordinance.Docx Page 928 of 943 120 Section 5. Should any section or provision of this Ordinance or any portion 121 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 122 affect the remainder of this Ordinance. 123 Section 6. Authority is hereby given to codify this Ordinance. 124 Section 7. This Ordinance shall become effective immediately. 125 FIRST READING this 15th day of June, 2021. 126 SECOND, FINAL READING AND PASSAGE this day of , 2021. 127 CITY OF BOYNTON BEACH, FLORIDA 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 ATTEST: 143 144 145 146 Crystal Gibson, MMC 147 City Clerk 148 149 150 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga VOTE 4 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 3 Landscape Debris Stockpiling) - Ordinance.Docx YES NO Page 929 of 943 DEPARTMENT OF DEVELOPMENT Development Administration Memorandum PZ 21-005 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Deputy Director of Development Services DATE: May 20, 2021 SUBJECT: Landscape Debris Stockpiling (CDRV 21-002) Amend the Land Development Regulations, Chapter 3, Article IV, Zoning, Section 3.D. Table 3-28, Foot note #103 regarding Landscape Debris Stockpiling use, to add a minimum distance separation standard and amend certain existing operational requirements and standards to avoid hazards, nuisances, and other impacts on residential land uses. City initiated. The City's Zoning Regulations were amended in August of 2015 to incorporate a new use at that time along with corresponding provisions and operational standards. The consideration for this amendment was prompted by a local landscape contractor and justified by environmental benefits including, in part, the energy -conserving reuse of landscaping debris and reduction in material potentially destined for a landfill. The below excerpt from the 2015 staff report provides the background information considered at that time: "The City Commission has directed staff to prepare amendments to the Land Development Regulations intended to establish a new use within the City's Zoning Regulations titled Landscaping Debris Stockpiling, with corresponding procedures and regulations that allow for the stockpiling of vegetative matter collected by commercial businesses. The Land Development Regulations currently do not allow for the stockpiling (e.g. temporary storage) of such waste and the City Commission has embraced the pre-existing activity of a local and established landscape business as a sustainable and environmentally -wise practice. The City has learned that this business has been using its vegetative waste collected as part of its landscape services to contribute to a cooperative engaged in processing Biomass and Biochar which is used, in part, as a natural soil enhancer. Currently the City has no provisions for the storage of any waste matter within the City, and instead, all waste collected is typically delivered to a transfer station outside the City and operated by the Palm Beach County Solid Waste Authority. The subject regulations would allow the temporary storage of vegetative matter as a conditional use within the City's M-1 Zoning District, conditioned upon meeting specified site and operational requirements. Sources of the proposed standards include, in part, the County or State Health Unit, example regulations from another jurisdiction, and the City's Fire Marshall." Most uses, and particularly industrial and heavy commercial businesses, are required by Zoning Regulations to be conducted within an enclosed building to minimize impacts on surrounding properties. Given that the subject use would be conducted outdoors, and in close proximity to residential land uses, the use was introduced under an 18 -month pilot program to allow staff to evaluate impacts and land use compatibility. The pilot program was then extended to August 22, 2018, and before the program "sunsetted", on August 7t", 2018, the Zoning Regulations were amended removing the temporary pilot provisions for the use. Page 930 of 943 The use was approved as a conditional use, along with corresponding operational standards that included various requirements related to property size, perimeter access, setbacks, pile height, screening requirements, hours of operation, and dust control and fire prevention. Complaints from adjoining neighbors, and repeat violations have warranted a review of the original standards and consideration of options to address the issues associated with this type of business. Complaints and violations have primarily pertained to pile height, access path clearance, odor, and rodents/pests. Since January 1 st, one to three different code violations have been documented each month. Staff considered recommending the removal of the use from the Zoning Regulations; however, in continued acknowledgement of the environmental benefits to promote vegetation recycling, staff alternatively recommends amendments to the minimum standards. The intent of the amendments is to prevent impacts on residential environments, establish a tailored and stringent revocation process, increase minimum debris pile setbacks, and allow additional buffer enhancements to be determined at time of conditional use review. The proposed amendments would not apply to the single, pre-existing business. However, City staff will continue to monitor the use, and enforce the city's standards to ensure the safe and sanitary operation of the business, through processes of the City's Community Standards Division. The proposed amendments are further described in the attachment, in underlined and crossed -out text. Page 931 of 943 Land Development Regulations Ch. 3.Art. IV, Sect 3DTable 3-28/Fuotnube#103 103. Landscape Debris Stockpiling. The commercial stockpiling uflandscaping debris ioallowed aoa conditional use inthe M-1 zoning district��rtjes that are located a miriimum of 200 feet from a a. Prior to commencing the operation of a landscaping debris storage site, a property owner must first obtain a Business Tax Receipt and Certificate of Use from the city. b. A site plan notated to show operational components of the storage facility (i.e. access, storage area, setback,gq..n2p.�Ja rice with the r-1g.!j.irements herein shall be submitted as p f the conditional use review. o. No stockpiling of landscaping debris shall be permitted on properties of less than 0.5 acres. d. ��de A.a. minimum 295 -foot wide stabilized all weather access road around the perimeter of the o. All stored landscaping debris shall bosetback sdleast and -25 feet from all property lines o r a view for conditional use a oval f.Egy f d.g�.L[is shall riot cause an increase in off storm water drainage confirmed ap-KeveA by the City Engineer his or hordooign g. No chipping of stockpiled debris is permitted on the site. h. The perimeter of a storage site shall be screened with a wall or fence that obstructs the view of the storage area from adjacent proportio combination with the wall or fence shall be determined d u ri.n th(e rewi(ew for conditional USE',�� eip roval. The §.912ffh.2 at a minimum of 6 feet. i The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m., Monday through Friday, and Saturday, from 8:00 a.m. to 2:00 p.m., or as established during the conditional use approval process. ]. Access to operations shall be only from a public right-of-way. In no case, shall a delivery or removal of the stored landscaping debris utilize a private road or alley serving residential uses for access. k. The delivery, removal and storage shall utilize dust control measures. i Debris piles shall nolt. be placed on surfaces intended or designed for open space, or for parking or vehicle circulation. m. Because of..the rator shall mentation shall be made available to cit\/ staff **�� Storage areas shall include fire protection monitoring, alert and suppression systems as approved by the City Fire Marshal. The following are minimum requirements w�Ght h atmust be demonstrated to obtain Fire Marshal approval: Page 932 of 943 1) Nupile shall bohigher than 10 feet with hei.ghj b2jn determined/maintained with the n!L, c-emae�r—lt —o—f—fo-u—r-L4L 10 f o ot. ta 11.4 x 4 . p aced around the Ae, for use as reference )oints. During any declared drought the height shall bolimited tosix feet. 2) All piles shall becovered with a"breathable blanket" nrsite provided with asprinkler system approved bythe City Fire Marshal. 3) All piles shall be secured behind a fence or other approved barrier that will be locked at all times when not inuse. 4 of 64.) A working garden hose shall be at the ready at all times to put out small spot fires. 4�) Each pile shall bot�[��d/ohunnod o. . Review for revocation of Business Tax Certificate, Rep.eg! y.jolations in accordance with this section 2[iod has comm r.c d, includi ions of these re�(Iuirements occur � thE Drobationa Deriod then staff will forward a rE �)ort. to the C Commission .1 h e yl.2.1 a I.J.2 r] s .......... I h e QJ! Commission shall have the tions of endin � t.h �)robafiona r] d i t.he 30 --de Drobatione] Deriod or directir staff to revoke the business �,Ir).RELV—al simulta e - U .1 / e�stablishir the time allowed for the erator to decease business o erations on the �gjj - r.ar d e d d then staff will continue monitor.n ar r p [21 eat violations to the Commission in accordance with this section. if the.Probationary p owner shall be directiv notified each time that staff forwards the item to the Commission. Page 933 of 943 12.D. Legal 6/15/2021 Requested Action by Commission: Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: RONALD RYAN, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a local municipality, Defendant— Palm Beach County Circuit Court Case Number: 502016CA007514-XXXX-MB Explanation of Request: Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: RONALD RYAN, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a local municipality, Defendant— Palm Beach County Circuit Court Case Number: 502016CA007514-XXXX-MB In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Approximately 45 minutes will be needed. The time and date of this private attorney-client session will be set at the June 15, 2021 City Commission meeting. How will this affect city programs or services? n/a Fiscal Impact: The cost of the court reporter Alternatives: Not approve attorney-client private session to discuss this litigation at this time. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 934 of 943 Attachments: Type ME)iryw..) Description ME)irnoraindUlirn r'EqL.JIE)Sbl['lg CJOSEd door SE)SSk)I['l Page 935 of 943 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: June 7, 2021 RE: Request for Private Attorney -Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: RONALD RYAN, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a local municipality, Defendant — Palm Beach County Circuit Court Case Number: 502016CA007514-XXXX-MB In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 45 minutes. The time and date of this private attorney-client session will be set at the June 15, 2021 City Commission meeting. S:ACA\COMM\Request For Ex Session - (Ron Ryan).Docx Page 936 of 943 13.A. Future Agenda Items 6/15/2021 Requested Action by Commission: Staff to present Resolution adding reversionary language to Planning and Zoning applications. - July 6, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 937 of 943 13. B. Future Agenda Items 6/15/2021 Requested Action by Commission: Mayor Grant requested information on the water quality of canal systems within the City. Staff is requesting SFW MD to present this information - July 6, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 938 of 943 13.C. Future Agenda Items 6/15/2021 Requested Action by Commission: Staff to provide an update on the American Rescue Plan - July 6, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 939 of 943 13.D. Future Agenda Items 6/15/2021 Requested Action by Commission: Update from staff on Head Start lease options -July 6, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 940 of 943 13. E. Future Agenda Items 6/15/2021 Requested Action by Commission: State Representative Emily Slosberg to provide an update on the 2021 Florida Legislative Session. - July 20, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 941 of 943 13. F. Future Agenda Items 6/15/2021 Requested Action by Commission: Approval of Lease Agreements for City Hall I nnovation Space and Cafes Operators - July 20, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 942 of 943 13.G. Future Agenda Items 6/15/2021 Requested Action by Commission: Discussion on funding for expanding W i-Fi to City parks. - Will be presented during Budget Workshops Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 943 of 943