Item 26 - Agreement with Allied Network Solutions, Inc. for Adobe Software and Subscription

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d) Within five (5) business days after Customer receives the replacement Cloud Collector Appliance from FireEye, Customer shall package the defective Cloud Collector Appliance in its original packing material or equivalent, write the RMA number on the outside of the package and return the defective Cloud Collector Appliance, at FireEye's cost (provided Customer utilizes FireEye's designated courier service and properly packages the defective Cloud Collector Appliance according to FireEye's instructions), shipped properly insured, FOB FireEye's designated facility. Customer shall enclose with the returned Cloud Collector Appliance the applicable RMA form, and any other documentation or information requested by FireEye customer support. Customer shall assume any and all risk of loss of or damage to such Cloud Collector Appliance during shipping. Title to the defective Cloud Collector Appliance shall pass to FireEye upon FireEye's receipt thereof. e) When a replacement Cloud Collector Appliance is provided and Customer fails to return the defective Cloud Collector Appliance to FireEye within ten (10) business days after Customer receives the replacement Cloud Collector Appliance from FireEye, FireEye may charge Customer, and Customer shall pay for the replacement Cloud Collector Appliance at the then -current list price. 2. Event Volume; True -Up 2.1.1 Fees for the TAP Subscription are divided into "Tiers" based on the volume of events processed through the TAP Subscription per second ("Event Volume"). If at any point during the Subscription Term, Customer's Event Volume exceeds the Tier upon which Customer's TAP Subscription Fees were based, FireEye will not guarantee that Customer Logs in excess of the purchased Tier will be ingested and processed by the TAP Subscription. In times of Event Volume in excess of the paid Tier, Customer Logs will enter a queue. Excessive queueing may cause Customer Logs to be lost from the queue. If at any point during the Subscription Term, Customer's average Event Volume for any consecutive thirty -day period exceeds the Tier upon which Customer's TAP Subscription Fees were based, FireEye may issue a true -up invoice for the pro -rated difference between the Fees already paid for that Subscription Term and FireEye's list prices for the Fees for the Tier associated with Customer's actual Event Volume for that thirty -day period, pro -rated to reflect that thirty -day period and the remainder of the Subscription Term. FireEye will apply any discounts that were applied to initial Fees to FireEye's list prices for any true -up invoice. Until such time that the True Up invoice is paid in full, the TAP Subscription will continue to ingest and process only the Event Volume of the purchased Tier, allowing any excess Customer Logs to enter queueing conditions. The Tier for any Renewal Subscription Term will be the Tier associated with the actual Event Volume for the immediately preceding Subscription Term. 2.1.2 At the end of the Initial Subscription Term and each Renewal Subscription Term, FireEye may true -up Fees for that Subscription Term, and if the average monthly Event Volume for that Subscription Term exceeds the maximum Event Volume for the Tier for which Customer previously paid Fees, then (a) FireEye will issue a true -up invoice reflecting the difference between the Fees already paid for that Subscription Term and the Fees for the Tier associated with Customer's actual Event Volume. 3. TAP Portal Availability 3.1 FireEye shall undertake commercially reasonable efforts to ensure the TAP Portal availability for 99.9% of the time during each calendar month. 3.1.1 "Service Outage" is where the TAP Portal is not available due to a failure or a disruption in TAP Portal that is not the result of Scheduled Maintenance, Emergency Maintenance, a force majeure event or of the act or omission of Customer. 3.1.2 "Scheduled Maintenance Period" is the period during which weekly scheduled maintenance of the TAP Portal may be performed, or a maintenance window otherwise mutually agreed upon by FireEye and Customer. 3.1.3 "Emergency Maintenance" means any time outside of Scheduled Maintenance that FireEye is required to apply critical patches or fixes or undertake other urgent maintenance. If Emergency Maintenance is required, FireEye will contact Customer and provide the expected time frame of the Emergency Maintenance and availability of the TAP Portal during the Emergency Maintenance. Confidential FireEye Rev. 8/2016 Page 26