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Sensus AMI System Performance 'Warranty
<br />Definitions.
<br />Any terms used in this Performance Warranty as defiled terms, and which are not defined
<br />herein, shall have the meanings given to those terms in the Terms of Sale, as defiled above.
<br />A. "AMI System' identifies the Sensus FlexNet Advanced Meter Infrastructure
<br />System deployed by the Customer, comprised of the SmartPoint Modules, RF Field
<br />Equipment, regional network interface (RNI), software, FCC licenses, and other
<br />Sensus equipment provided to Customer and/or to the Utility Customer The AMI
<br />System only includes the foregoing, as provided by Sensus to the Utility Customer,
<br />either directdy or through a Sensus authorized distributor. The AMI System does not
<br />include goods, equipment, software, licenses or rights provided by a third party(ies).
<br />B. "Available Meter" means an installed Sensus FlexNet meter (with a SmartPoint
<br />Module installed) or a Sensus Smarticoint Module which has been installed on a
<br />third party meter, and which, In either case, is not an Unavailable Meter (or on an
<br />Unavailable Meter in the case of SmartPoint Modules on third party meters) and
<br />Mich satisfies all of the following criteria: (i) it functions properly, is powered, and is
<br />not a damaged or failed meter; (ii) if applicable, It is in a deployment area of meters
<br />such that a sufficient number of two-way meters are in range of each other, (ii) it
<br />is serviced by RF Field Equipment that has not been subjected to a power failure
<br />greater than eight (8) total hours; (iv) neither it nor the RF Field Equipment that serves
<br />that meter has been affected by a Force IMajeure event; (vj jamming of the radio
<br />spectrum Is not preventing or interfering with radio communication to or from the
<br />meter; (vi) it is installed in the Service Territory; (vii) it has not been reported to Utility
<br />Customer under Sensus' or Utility Customer's preventative maintenance; (viii) its
<br />functioning or performance has not been adversely affected by a failure of Customer
<br />and/ or Utility Customer to perform its obligations or tasks for which it is responsible,
<br />including without limitation, testing and confirming that the socket to which the meter
<br />well bells connected is in safe operating condition, Is fully functional, is not corroded,
<br />does not contain improperly installed jaws or other deficiencies, complies with ANSI
<br />standards, and is not "hot', damaged, or otherwise In need of maintenance or repair;
<br />(dx) its functioning or performance has not been adversely affected by a failure or
<br />insufficiency ofthe back haul telecommunications network for communications among
<br />the components of the Sensus AMI System; and (x) at has been in in compliance
<br />with the procedures and specifications approved by Customer and Sensus.
<br />C. "BillingWindoW for a meter means the four day period commencing one day prior to
<br />the relevant billing day for such meter and ending two days after such billing day. The
<br />Billing Window for testing purposes shall be agreed by Customer and Sensus.
<br />D. 'Customer' means the entity that purchases goods and/or services directly from
<br />Sensus,
<br />E. "Effective Date' means the date the Utility Customer signs the Spectrum Lease
<br />Agreement between Utility Customer and Sensus,
<br />F. "End User" means any end user of electricity, water, and/or gas (as applicable)
<br />that pays Utility Customer for the consumption of electricity, water, and/or gas, as
<br />applicable.
<br />G. "Endpoints' mean both (a) Sensus FlexNet meters (with a SmartPoint Module
<br />installed); and (b) Sensus SmartPoint Modules which have been installed on a third
<br />party meter
<br />H. "Force Majeurd' means an event beyond a party's reasonable control, including
<br />without limitation, acts of God, hurricane, flood, volcano, tsunami, tornado, storm,
<br />tempest, mudslide, vandalism, illegal or unauthorized radio frequency interference,
<br />strikes, lockouts, or other industrial disturbances, unavailability of component pacts of
<br />any goods provided hereunder, acts of pubkc enemies, wars, blockades, insurrections,
<br />riots, epidemics, earthquakes, fires, restraints or prohibitions by any court, board,
<br />department, commission or agency of the United States or any States, any arrests
<br />and restraints, civil disturbances and explosion,
<br />I. "in/Out Costs" means any costs and expenses incurred in transporting goods
<br />between to and from End User's premises and any costs and expenses incurred in
<br />installing, uninstalling and removing goods.
<br />J. "Meter Data' means the specific metering information, including without limitation,
<br />locations and antenna heights, provided to Sensus by Utility Customer in writing prior
<br />to the earlier of the; (i) Effective Date; and (ii) the date set forth on the propagation
<br />study (collectively, the "Data Date"). The parties recognize and agree that the RF
<br />Field Equipment site design and build is based on the specific Meter Data provided to
<br />Sensus. For clarity, the Meter Data only contains the information specifically provided
<br />to Sensus by the Utility Customer in writing prior to the Data Date, By way of example
<br />only (and not as an exhaustive last), the "Meter Data" includes the latitudes and
<br />longitudes of each meter, the location of each module either inside or outside (outside
<br />is assumed), and, for meters In pits, whether the radio is installed through or under
<br />the Bid (the assumption is through the lids). New or different metering locations and/
<br />or antenna heights provided after the Data Date are not included as part of the Meter
<br />Data.
<br />K. "Ongoing tees" means any reoccurring monthly or annual fees, including without
<br />limitation, fees for software and spectrum leases.
<br />L, "Recurrent RF Field Equipment Fees" means any and all costs, fees, and expenses
<br />required to; (i) warrant the IRF Field Equipment; and (ii) install and keep the RF Field
<br />Equipment located in the field, including without limitation, site procurement and
<br />preparation fees, fees related to building poles or towers, tower lease fees, costs of
<br />electricity supply, and any local, stale, orfederalgovernmenttaxes or charges,
<br />M. "Remote Transceiver" identifies the Sensus standalone, mounted relay device that
<br />takes the radio frequency readings from the SmartPoint Modules and relays them
<br />directly to the RNI by TCP/IP backhaul communication.
<br />N. "Required RF Field Equipment" means the number, location, and height of the RF
<br />Field Equipment setforth in the Certified Propagation Study.
<br />O, 'RF Field Equipment' means the FlexNet Ease Stations, Echo Transceivers, and
<br />Remote Transceivers.
<br />P. "Service Territory" identifies the geographic area where Ublity Customer provides
<br />electricity, water, and/or gas (as applicable) services to End Users as of the Effective
<br />Date. This area will be described in Utility Customer and Sensus' spectrum lease filing
<br />with the FCC.
<br />Q. "Spectrum Lease Agreement' means a written„ signed agreement between
<br />Sensus and Utility Customer whereby the Utility Customer leases certain spectrum
<br />from Sensus. The Spectrum Lease Agreement may be included as part of a larger
<br />agreement, such as an AMI Agreement or a Software License and Spectrum Lease
<br />Agreement.
<br />R. "Success Percentage' means, of the covered meters in the propagation study,
<br />98.5%,
<br />S. "Test Equipment' means the number of RF Field Equipment and production RNIs
<br />set forth in the Certified Propagation Study. The Test Equipment specifically does not
<br />include test RNIs or backup RNls; it only includes production RNIs.
<br />T. "Test Units" means Endpoints that are both; (i) Available Meters throughout the entire
<br />test period; and (ii) are covered meters, as depicted on the Certified Propagation
<br />Study.
<br />U. "Unavailable Meters" include meters with sockets with power cut at the pole, meters
<br />that are booted on the line side, sockets that are not provided power due to a power
<br />delivery system failure, meters with tamper, theft or other human induced failures
<br />that render the meter or SmartPoint Module incapable of providing a read, a Force
<br />Majeure event induced failures of the power delivery system, socket or meter, and/
<br />or any system or meter maintenance issue that precludes the meter from transmitting
<br />its message to the network. Examples of Unavailable Meters include: (i) Cut At Pole,
<br />a meter for which power has been turned off to the socket by Utility Customer, (di)
<br />Booted on Line Side, nominally a meter for which power has been turned off by
<br />placing "boots" in the socket from which the power to the meter has effectively been
<br />turned off; (iii) Failed or flawed power delivery to the meter socket: Utility Customer
<br />power generation, distribution or delivery system failure that has effectively turned
<br />off power to the socket and/or meter, (dv) Tampered Meters: sockets, meters or
<br />distribution assets that have been modified by unauthorized personnel rendering the
<br />meter Incapable of providing accurate usage readings from that meter; (v) Broken
<br />TouchCoupler unit: the TouchCoupler unit is damaged by intentional or unintentional
<br />acts; (vi) Broken Clip: the clip that holds the TouchCoupler unit into the radio package
<br />housing is broken and the unit cannot complete the inductive electrical connection;
<br />(vii) Improper installation of the TouchCoupler unit: the TouchCoupler unit is not
<br />pushed all the way into the housing clip causing the unit to not be able to complete
<br />the inductive electrical connection; (viii) Unit not installed through the pit lid: the unit
<br />is not installed with the antenna positioned through the pit lid and properly secured
<br />with the retaining nut. The radio unit must also be securely attached to the antenna
<br />section; (x) Radio unit not securely attached to the Antenna unit The water -proof
<br />SmartPoint Module housing is not properly installed and secured to the antenna unit,
<br />(x) IDamaged antenna: the units antenna is damaged by intentional or unintentional
<br />acts; (A) Damaged radio package: the unit's water -proof radio package is damaged
<br />by intentional or unintentional acts, (xii) Data Base errors: the unit is removed from the
<br />system but not updated in the database, The unit is still shown as in the system when
<br />in fact has been removed; (xiii) Phantom Unils: the unit is removed from the system
<br />but is still transrr ting and being heard by the system, and (xiv) Other Installation
<br />Defect: the unit is otherwise installed improperly so that it does not communicate with
<br />the FlexNet Base Station.
<br />V. "Utility Customer' means the utility customer that uses the Sensus goods and
<br />services in its AMI System regardless of whether such goods and services are
<br />purchased directly from Sensus or from a Sensus authorized distributor. For clarity,
<br />the Utility Customer is also the Customer if the Utility Customer purchases directly
<br />from Sensus.
<br />W, "Warranty End Date" means the earlier of; (i) the third anniversary of the Effective
<br />Date; (ii) successful completion of the applicable Performance Test Standards; or
<br />(dal) the termination or expiration of the Spectrum Lease Agreement between Utility
<br />Customer and Sensus.
<br />8601 Six Forks Road, Suite 700 � � � � 1 "!�
<br />Raleigh NC �"/C1Itt e'139
<br />1 800-638 3748 S ERN S U 5
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