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Seller within ten (10)days of the occurrence of any event identified in the Devices Act imposing a reporting obligation on Buyer and/or Seller (except for events representing an imminent hazard that require notification to the United States Food and Drug Administration (the"FDA")within seventy-two (72) hours (or such shorter time as required by law), in which case, such notice will be delivered to the FDA and Seller within said period). Buyer will maintain adequate tracking for the Products to enable Seller to meet the FDA requirements applicable to the tracking of medical devices. Although Seller has the required registrations, approvals, and licenses (e.g., U.S. 510(k) pre-market notifications)for all or substantially all of its systems, the purchase of parts and system components from Seller does not provide 510(k)compliance or compliance under any other law, rule or regulation for Buyer's system. Only in the event that the Work contemplated in this Order is related to the provision of leased or rented equipment ("Leased Equipment"),the following additional terms apply: 18, Rental Equipment 1 Services. Any Leased Equipment provided by Seller shall at all times be the property of Seller with the exception of certain miscellaneous installation materials purchased by the Buyer, and no right or property interest is transferred to the Buyer, except the right to use any such Leased Equipment as provided herein. Buyer agrees that it shall not pledge, lend, or create a security interest in, part with possession of, or relocate the Leased Equipment. Buyer shall be responsible to maintain the Leased Equipment in good and efficient working order.At the end of the initial term specified in the order,the terms shall automatically renew for the identical period unless canceled in writing by Buyer or Seller not sooner than three (3) months nor later than one (1) month from termination of the initial order or any renewal terms. Upon any renewal, Seller shall have the right to issue notice of increased pricing which shall be effective for any renewed terms unless Buyer objects in writing within fifteen(15)days of issuance of said notice, If Buyer timely cancels service in writing prior to the end of the initial or any renewal term this shall not relieve Buyer of its obligations under the order for the monthly rental service charge which shall continue to be due and owing.Upon the expiration or termination of this Agreement, Buyer shall promptly make any Leased Equipment available to Seller for removal. Buyer hereby agrees that it shall grant Seller access to the Leased Equipment location and shall permit Seller to take possession of and remove the Leased Equipment without resort to legal process and hereby releases Seller from any claim or right of action for trespass or damages caused by reason of such entry and removal. IN WITNESS WHEREOF, the terms and conditions of this proposal are hereby accepted by both Buyer and Seller, who have caused this Agreement to be executed by the signatures of their duly authorized representatives below: EVOQUA WATER TECHNOLOGIES LLC(SELLER) NAME: David L. Morano SIGNATURE: TITLE: Senior Manager Customer Service DATE: 05/21/2025 BUYER ATTEST: 'k CITY OF S A ANA ennifcr all Al4ara Nunez City Cle City Martager APPROVED AS TO FOIiII: RECOMMENDED FOR APPROVAL: SONIA R.CARVAL140 City Attorney By: ' t aL NaEil Saba —j'l" Kyle'Nrjlesen Executive Director Assistant City-Attorney Public Works Agency Evoqua Walcr Technologies-Standard Terms of Sale,rev. 7.2022 edited 4.21.2025 for Santa Arta