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Statement of Work -City of Santa Ana -High Touch Services <br />v1 A <br />November 6, 2023 <br />Exhibit A- HPE Customer Terms - <br />Professional Services <br />HPE CUSTOMER TERMS - PROFESSIONAL SERVICES <br />1. Parties. This agreement (Agreement) governs products and services purchased by <br />Order from Hewlett Packard Enterprise or its affiliates (HPE) by the customer <br />(Customer). <br />2. Orders. Order means the accepted order, including material the parties incorporate by <br />attachment or reference (Supporting Material). Supporting Material, made available in <br />print or on a designated website, may include product lists, specifications, service <br />descriptions, data sheets, additional license authorizations (ALAS), data protection and <br />security agreements (DPSAs), statements of work (SOWs), warranties, and service leve <br />agreements (SLAs). <br />3. Order Placement. The parties confirm their agreement to these terms by signature or <br />by reference on an Order. These terms may be used on a global basis as a framework <br />agreement for multiple Orders by the parties' Affiliates, meaning any entity controlled <br />by, controlling, or under common control with a party. Affiliates participate by placing <br />orders which specify delivery in the same country as the HPE Affiliate accepting the <br />order, referencing these terms, and specifying any terms necessary to reflect local law <br />or practice. <br />4. Order Arrangements. Where appropriate, an Order must specify a delivery date and <br />location. There may be additional charges if Customer extends the delivery date of an <br />Order beyond 90 days. Customer may cancel an Order at no charge before production <br />begins, before an item is shipped, or before services begin, whichever occurs first. <br />5. Prices and Taxes. Prices will be contained in written quotes, published on HPE's <br />website or a customer -specific portal, or in HPE's published list price. Unless otherwise <br />quoted, prices are exclusive of taxes, duties, and fees (including installation, shipping, <br />and handling). If a withholding tax Is required by law, please contact the HPE order <br />representative to discuss appropriate procedures.6. Professional and Support <br />Services. HPE will deliver any ordered consulting, training, standard support or other <br />services as described in the applicable Supporting Material. Supporting Material will <br />provide the description of HPE's offering, eligibility requirements, service limitations, <br />Customer responsibilities, and the systems supported. <br />7. Acceptance. The acceptance process (if any) will be described in the applicable <br />Supporting Material, will apply only to the deliverables specified, and does not apply to <br />other products or services provided by HPE. <br />8. Dependencies. HPE's ability to deliver products and services depends on Customer's <br />reasonable and timely cooperation and the accuracy and completeness of any <br />information from Customer needed to deliver the products and services. <br />9. Change Orders. Each party will appoint a project representative to serve as the contact <br />for delivery and for any issues. Requests to change the scope of the products or <br />services will require a written change order approved by both parties. <br />10. Services Performance. Services are performed using generally recognized commercia <br />practices, and standards in Supporting Materials. Customer will provide prompt notice <br />of any service concerns and HPE will re -perform any service that fails to meet this <br />standard. <br />if. Services with Deliverables. If Supporting Material defines specific deliverables, HPE <br />warrants those deliverables will materially conform to their written specifications for 30 <br />days following delivery. If Customer notifies HPE of a non -conformity during the 30 day <br />