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Docusign Envelope ID: 3F9554CD-064F-42A7-B10A-7261BCC15FD6
amount that Flock receives, after any deduction and withholding, equals the amount Flock would
have received if no deduction or withholding had been required.
7. TERM AND TERMINATION
7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the
Order Form (the “Term”). Unless otherwise indicated on the Order Form, the Term shall
commence upon first installation of Flock Hardware, as applicable. Following the Term, unless
otherwise indicated on the Order Form, this Agreement may be renewed for successive renewal
terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal
Term”) upon mutual agreement of the Parties. .
7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any
applicable Flock Hardware at a commercially reasonable time period. In the event of any
material breach of this Agreement, the non-breaching Party may terminate this Agreement prior
to the end of the Term by giving thirty (30) days prior written notice to the breaching Party;
provided, however, that this Agreement will not terminate if the breaching Party has cured the
breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may
terminate this Agreement (i) upon the institution by or against the other Party of insolvency,
receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the
benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the
event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock
will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such
termination.
7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and
11.6.
8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded
Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a
Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective
Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole
discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or
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