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Modules (either directly or via an R100 unit) by radio frequency and passes those readings to the RNI by TCP/IP backhaul communication For clarity, FlexNet Base
<br />Stations include Metro Base Stations.
<br />F. "FlexNet System" is comprised of the SmartPoint Modules, RF Field Equipment, Server Hardware, software licenses, Spectrum Lease, and other equipment provided
<br />to Customer hereunder. The FlexNet System only includes the foregoing, as provided by Sensus. The FlexNet System does not include goods, equipment, software,
<br />licenses or rights provided by a third party or parties to this Agreement.
<br />G, "Force Majoure' means an event beyond a party's reasonable control, including, without limitation, acts of God, hurricane, flood, volcano, tsunami, tornado, storm,
<br />tempest, mudslide, vandalism, illegal or unauthorized radio frequency interference, strikes, lockouts, or other industrial disturbances, unavailability of component pans of
<br />any goods provided hereunder, acts of public enemies, wars, blockades, insurrections, hots, epidemics, earthquakes, fires, restraints or prohibitions by any court, board,
<br />department, commission or agency of the United States or any States, any arrests and restraints, civil disturbances and explosion
<br />H. "Hosted Software" means those items listed as an Application in Exhibit A.
<br />I. JnlOut Costs" means any costs and expenses incurred by Customer in transporting goods between its warehouse and its End User's premises and any costs and
<br />expenses incurred by Customer in installing, uninstalling and removing goods.
<br />J . "Intellectual Property' means patents and patent applications, inventions (whether patentable or not), trademarks, service marks, trade dress, copyrights, trade secrets,
<br />know-how, data rights, specifications, drawings, designs, maskwork rights, moral rights, author's rights, and other intellectual property rights, including any derivations
<br />and/or derivative works, as may exist now or hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under
<br />the laws of the United States or of any other state, country or jurisdiction, any registrations or applications thereof, and all goodwill pertinent thereto.
<br />K. "LWidermfies the load control modules
<br />L "Ongoing Fee" means the annual or monthly fees, as applicable, to be paid by Customer to Sensus' authorized distributor during the Term of this Agreement.
<br />M "Patches" means patches or other maintenance releases of the Software that correct processing errors and other faults and defects found previous versions of the
<br />Software. For clarity, Patches are not Updates or Upgrades.
<br />N. "Permitted Use" means only for reading Customer's Field Devices in the Service Territory. The Permitted Use does not include reading third devices not provided by
<br />Sensus or reading Field Devices outside the Service Territory
<br />C. "R100 Unit" identifies the Sensus standalone, mounted transceiver that takes the radio frequency readings from the SmartPoint Modules and relays them by radio
<br />frequency to the relevant FlexNet Base Station or directly to the RNI by TCP/IP backhaul communication, as the case may be.
<br />P. "Release" means both Updates and Upgrades.
<br />Q. "Remote Transceiver' identifies the Sensus standalone, mounted relay device that takes the radio frequency readings from the SmartPoint Modules and relays them
<br />directly to the RNI by TCP/IP backhaul communication.
<br />R. "RF Field Equipment" means, collectively, FlexNet Base Stations, R100 units (if any) and Remote Transceivers (if any).
<br />S. "RNI' identifies the regional network interfaces consisting of hardware and software used to gather, store, and report data collected by the FlexNet Base Stations from
<br />the SmadPoint Modules. The RNI hardware specifications will be provided by Sensus upon written request from Customer.
<br />T "RNI Software" identifies the Sensus proprietary software used in the RNI and any Patches, Updates, and Upgrades that are provided to Customer pursuant to the
<br />terms of this Agreement.
<br />U '"Service Territory" Identifies the geographic area where Customer utilizes Sensus equipment to provide services to End Users as of the Effective Date. This area will
<br />be described on the propagation study in the parties' Spectrum Lease filing with the FCC.
<br />V. "Server Hardware" means the RNI hardware.
<br />W. "SmartPointlm Modules" identifies the Sensus transmission devices installed an devices such as meters, distribution automation equipment and demandiresponse
<br />devices located at Customer's End Users premises that communicate with the relevant devices and transmit those communications by radio frequency to the relevant
<br />piece of RF Field Equipment.
<br />X. "Software" means all the Sensus proprietary software provided pursuant to this Agreement, and any Patches, Updates, and Upgrades that are provided to Customer
<br />pursuant to the terms of this Agreement. The Software does not include any third party software.
<br />Y. "updates" means releases of the Software that constitute a minor improvement in functionality.
<br />Z. "upgrades" means releases of the Software which constitute a significant improvement in functionality or architecture of the Software.
<br />AA. "WAN Backhaul' means the communication link between FlexNet Base Stations and Remote Transceivers and RN I.
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