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`v' i `J <br />4. Tier 2 Support shall attempt to resolve the <br />Incidents submitted by Tier 1 Help Desk by <br />assisting Tier 1 Help Desk individuals. <br />5. When the Incident is resolved, Tier 2 Support <br />shall communicate the information to Tier 1 <br />Help Desk individuals, and Tier 1 Help Desk <br />shall disseminate the resolution to the user. <br />6.0— ENDORSEMENT AND PUBLICITY <br />This PA shall not be construed or interpreted as an <br />exclusive dealings agreement or Licensee's endorsement <br />of Esri or its Authorized Distributor. Licensee agrees that <br />Esri and its Authorized Distributor may publicize the <br />existence of this PA upon execution. <br />7.0— ADMINISTRATIVE REQUIREMENTS <br />7.1 OEM Licenses. Under Esri's OEM or Solution OEM <br />programs, OEM partners are authorized to embed or <br />bundle portions of Esri Products and Services with <br />their application or service. OEM partners' business <br />model, licensing terms and conditions, and pricing <br />are independent of this PA. Licensee shall not seek <br />any discount from the OEM partner or Esri based on <br />the availability of Platform Products under this PA. <br />Licensee shall not decouple Esri Products or Services <br />from the OEM partners' application or service. <br />7.2 Annual Report of Deployments. At each <br />anniversary date and ninety (90) calendar days prior <br />to the expiration date of this PA, Licensee shall <br />provide a written report detailing all Deployments to <br />either (a) Esri if Licensee is located in the USA or <br />(b) Authorized Distributor if Licensee is located <br />outside the USA. The report will be subject to audit. <br />7.3 Renewal. Any follow -on PA will be offered in <br />accordance with then - current PA pricing and license <br />terms and conditions. <br />8.0— ORDERING, ADMINISTRATIVE <br />PROCEDURES, DELIVERY, AND <br />DEPLOYMENT <br />8.1 Orders, Delivery, and Deployment <br />a. Licensee shall issue an Ordering Document upon <br />execution of this PA and annually thereafter in <br />accordance with the PA Quotation. Payment shall be <br />due and payable within thirty (30) calendar days of <br />the anniversary date of the Effective Date, with the <br />initial payment due within thirty (30) calendar days <br />of execution of this PA. Esri's Federal ID Number is <br />95- 2775 -732. <br />b. Upon receipt of the initial Ordering Document from <br />Licensee, Esri shall authorize download of the <br />Platform Products to Licensees for its Deployment <br />activities. If requested, Esri will ship backup media to <br />the ship -to address identified on the Order, the FOB <br />Destination, with shipping charges prepaid. For those <br />entities that avoid sales tax by downloading <br />deliverables, request for delivery or receipt of <br />tangible media may cause license fees to be subject to <br />taxes. Licensee acknowledges that should such taxes <br />become due, Esri has a right to invoice and Licensee <br />agrees to pay any such sales or use tax associated <br />with its receipt of tangible media. <br />c. Esri shall provide Authorization Codes to activate the <br />nondestructive copy protection program that enables <br />the Platform Products to operate. <br />d. Licensee shall Deploy, install, configure, and track <br />the Deployment status of the Platform Products. <br />8.2 Order Requirements <br />a. All orders pertaining to this PA shall be processed <br />through Licensee's centralized point of contact. <br />b. The following information shall be included in each <br />Order (or Ordering Document): <br />(1) Licensee name; Esri customer number, if known; <br />and bill -to and ship -to addresses <br />(2) Order number <br />(3) Applicable annual payment due <br />(4) On the first page of an Ordering Document, a <br />reference to this PA and the following statement: <br />"THIS ORDER IS GOVERNED BY THE <br />TERMS AND CONDITIONS OF THE <br />ESRI SMALL GOVERNMENT <br />DEPARTMENT PLATFORM <br />AGREEMENT, AND ADDITIONAL <br />TERMS AND CONDITIONS IN THE <br />ORDER WILL NOT APPLY." <br />9.0— TRAINING <br />9.1 Training Description. Esri offers instructor -led <br />training related to the use of its proprietary GIS <br />software. Esri will provide to Licensee a fixed <br />number of training days to use for Instructor -Led <br />Training, as defined in this Small Enterprise Training <br />Package, if purchased. Instructor -Led Training events <br />occur at an Esri Learning Center or via the web in a <br />cloud environment. The Esri software training <br />E218 -3 (Level 3) Page 5 of 6 02/28/2014 <br />