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Parties agree to issue a joint press release so that both Parties refer to this in marketing and promotional material. Kajeet may use <br />Customer's name and logo in Kajeet's customer lists which may be posted on Kajeet's website. <br />12 Privacy Policy. Customer's use of the Services by Subscribers is subject to theterms and conditions of the Kajeet privacy policy setforth <br />at https://www,kajeet.com/privacy-policy-2, <br />13 FERPA Applicability. Customer hereby designates Kajeet as a "school official" with "legitimate educational interests" in the Customer's <br />educational records, as those terms have been defined under Family Educational Rights and Privacy Act, 20 U,S.C. Section 1232g; 34 <br />C.F.R. Part 99, both as amended and its implementing regulations ("FERPA"). Kajeet agrees to abide by FERPA limitations and <br />requirements imposed upon school officials. <br />14 Universal Service Act. Kajeet agrees to abide by all terms and conditions of the Telecommunications Act of 1996 as implemented by the <br />Schools and Libraries Division (SLD) of USAC, E-Rate Discount Program in its performance of the Services under this Agreement. Kajeet <br />shall comply with all E-rate program requirements, including maintaining eligibility and submitting necessary certifications to the USAC. <br />Kajeet represents that it holds a valid Service Provider Identification Number (SPIN) with the FCC. <br />15 Miscellaneous Provisions. Afailure or delay of either Party to this Agreement to enforce any of the provisions of this Agreement shall in <br />no way be construed to be a waiver of such provisions. In the event that any provision of this Agreement shall be held to be invalid, the <br />remaining provisions of this Agreement shall be unimpaired and the invalid provisions shall be replaced by a mutually acceptable <br />provision. The Parties agree that where the context of any provision indicates an intent that it shall survive the termination of this <br />Agreement, then it shall so survive. There are no intended third party beneficiaries of any provision of this Agreement. This Agreement <br />(including the applicable Addendums, Ordering Documents, and Specifications) constitutes.the entire understanding between the <br />Parties concerning the subject matter hereof and supersedes all prior discussions, agreements and representations, whether oral or <br />written and whetheror not executed bythe Parties This Agreement may be signed in multiple counterparts and delivered by electronic <br />means. All notices required hereundershall be in writing and transmitted to the address for each Party as set forth in the Cover Page to <br />this Agreement. Notices shall be effective upon the date of confirmed delivery or at such time as delivery is refused by the addressee <br />upon presentation. The headings in this Agreement are for convenience only and are in no way intended to describe, interpret, define, <br />or limit the scope, extent, or intent of this Agreement or any of its provisions. <br />16 Growth Clause: In the event that City of Santa Ana requests to purchase additional equipment units and/ orservice, and provided that <br />the equipment and/or service remains unchanged in all material respects, Kajeet warrants that it will match the prices outlined in the Included Cost <br />Proposal. Payment of invoices that represent additional equipment and/ or services will be the responsibility of the customer and due 30 days from <br />the date of the invoice. <br />17 Insurance Requirements: Kajeet shall procure and maintain for the duration of the Agreement, insurance requirements as detailed in <br />Exhibit B, attached hereto and incorporated by reference to this Agreement. <br />EXHIBITS FOLLOW ON NEXT PAGE- <br />Kajeet Master Services Agreement (E-Rate) Ver.41114 Rev. November14, 2024 Page4 <br />