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4. Limitations. Operating System Patches provided by L311arris are limited to L3Harris' current and current minus one System Release levels, therefore, Customer may be required to purchase and install, at Customer's expense, additional or upgraded Hardware or software in order to take full advantage of Operating System Patches. NOTHING IN THIS AGREEMENT OR OTHERWISE REQUIRES L3HARRIS TO PROVIDE OPERATING SYSTEM PATCHES THAT REMAIN COMPATIBLE WITH DESIGNATED SYSTEM HARDWARE OR TO PROVIDE ADDITIONAL HARDWARE UNDER THIS AGREEMENT. 5. Customer Delegation. Customer hereby delegates, grants, and assigns to L3Harris, acting as the Customer's agent, all approval rights relating to the selection of Operating System Patches. All approvals given to Third -Party vendors by L314arris shall be deemed as being granted by the Customer. II. SOFTWARE MANAGED SERVICES (SMS) 1. Service Description. Provides periodic Software Updates to L3Harris Licensed Programs. 2. Service Request. No Service Request is needed L3Harris shall notify Customer when SMS are available. For additional SMS related Services, Customer's Point of Contact may contact TAC by calling 1-800-528-7711. 3. L3Harris Responsibilities: a. Deliver Software Updates electronically to Customer's Point of Contact and make available for download by Customer unless Customer requests and it is mutually agreed to provide the Software Update in another format. Hardware purchases or upgrades, at Customer's expense, may be necessary for Customer to fully implement the Software Updates. b. Provide at least one (1) set of Software Release Notes. c. Provide replacements to Customer at no additional charge, for any software media that incurs damage during shipment. d. Make available system level release documentation, prior to the general release of a major System Release by 1,311arris for L3Harris Licensed Programs, announcing the impending release, and detailing its contents and impact, if any, on any other 1,311arris Hardware or software components. 4. Compatibility with Hardware. Customer acknowledges that Software Updates may not operate on older hardware. NOTHING -IN THIS AGREEMENT OR OTHERWISE REQUIRES L3HARRIS EITHER TO DESIGN UPDATES THAT REMAIN COMPATIBLE WITH DESIGNATED SYSTEM HARDWARE OR TO PROVIDE ADDITIONAL HARDWARE UNDER THIS AGREEMENT. 5. System Configuration Baseline and Documentation Update. As part of the initial enrollment process, L3Harris may deem it necessary to conduct a system audit of the Designated System(s) to be covered under this Agreement. If said audit is required, audit will be conducted and used to verify Customer's first-year SMS fee and to determine the System Release levels for L3 Harris Licensed Programs contained within the Designated System at the time of enrollment, together with any Hardware updates necessary to accommodate Software Updates. Customer may incur additional costs for modifications or updates required to initiate the SMS. 6. Installation Phone Support. Customer may use TAC telephone support with respect to the installation of Software Updates. 7. Tech -Link. Customer, through the Customer Point of Contact, will have access to Tech -Link via a user ID and password authorization to access release documentation and downloadable distribution media. 8. Services Not Included. Unless Obsolescence Protection and/or Planned Network Upgrade_;as Hard4 applicable, are purchased by Customer (See Section H. Services, of this Agreement), upgrades, are not included within the scope of this Agreement.