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2019-109A
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2019-109A
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ARTICLE 3. TERM <br />3.01 Term. The term of this Agreement shall commence on the Effective Date <br />and shall continue until 3 months after completion of the deployment test of final installed <br />meters (the "Agreement Expiration Date"), or such earlier date upon which this Agreement may <br />be terminated pursuant to Article 26. <br />ARTICLE 4. SERVICES <br />4.01 General. Commencing as of the Effective Date and continuing throughout the Term, <br />National shall provide the services, functions and Documents, and perform the responsibilities <br />described in this Agreement, as they may be supplemented, enhanced, modified or replaced, <br />including the services, functions, Documents and responsibilities described in Exhibit 1 <br />(collectively, the "Services"). <br />4.02 Implied Services. If any services, functions, deliverables or responsibilities not <br />specifically described in this Agreement are required for the proper performance of the <br />Services, such services, functions, responsibilities or deliverables shall be deemed to be implied <br />by and included within the scope of the Services to the same extent and in the same manner as <br />if expressly described in this Agreement. <br />4.03 National Responsibility. National shall be responsible for (1) providing the <br />Services in accordance with this Agreement even if, by agreement of the Parties, such Services <br />are actually performed by persons other than National Personnel acting under the <br />management and direction of National, and (2) providing the facilities, personnel, Equipment, <br />Software, materials, technical knowledge, training, expertise and other recourses necessary for <br />the proper performance of the Services. National shall not be responsible for providing the <br />AMR meter, except as specifically set forth in this Agreement. <br />4.04 Non -Exclusivity; Right to In -source and Re -source the Services. This Agreement <br />does not give National any exclusive rights with respect to the provision of any services, <br />including the Services. At any time during the Term, IRC shall have the right to perform itself <br />("In- source"), or retain third parties to perform ("Re -source"), any of the Services. To the <br />extent IRC In -sources or Re -sources any of the Services, National shall cooperate with IRC and <br />any applicable Third -Party Providers. <br />4.05 Out -of -Scope Services. IRC may from time to time during the Term request <br />that National perform an Out -of -Scope Service. Any Out -of -Scope Service, including IRC's <br />request for and approval of a National's proposal and deliverables for such Out -of -Scope <br />Service, shall be processed in accordance with the Change Control Procedures. <br />10 <br />
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