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STATE OF FLORIDA <br />INDIAN RIVER COUNTY <br />THIS IS TO CERTIFY THAT THIS IS ATRUE AND CORRECT <br />COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. <br />BY —a&AN 1. BUT CLERK <br />i.�.�— �(i1M / C. <br />DATE g <br />C. The Client shall use reasonable security precautions in connection with the use of Services provided <br />under this Agreement. <br />d. The Client is responsible for any and all use and access to the Hosted System and Hosted Services by <br />its employees, agents, contractors and permitted users of the Software and Hosted Services. <br />e. The Client shall make best efforts to notify ESi in writing, via electronic mail or facsimile, of any planned <br />non -emergency use of its Software, such as the occurrence of training sessions, drills and exercises, to <br />aid ESi with the planning of any scheduled outages. <br />f. The Client shall promptly notify ESi Support Center of any identified Hosted Services outage that impairs <br />Client's access to the Software so that ESi may manually activate the redundant shared environment of <br />the Juvare Cloud and immediately commence work to restore service to the primary shared environment <br />of the Juvare Cloud. <br />b. The Client shall not conduct any load testing, performance testing or any other test of the Hosted System <br />which may degrade performance or limit or adversely impact availability of the Juvare Cloud for other <br />customers. <br />4. Limitations on Use of Hosted Services. <br />a. Client's usage of the Hosted Services in the Juvare Cloud is subject to capacity and performance <br />constraints. Monthly active users do not equal maximum concurrent users. Concurrent user capacity will <br />be variable based on Juvare Cloud load. <br />b. Access to the Hosted System may not be rented, leased, sold, sub -leased, assigned or otherwise <br />transferred for value or for no value by Client to any third party. <br />c. Hosted System and Hosted Services are provided to support the Software which is an information <br />management tool. Hosted Services are not guaranteed to be fault-tolerant or to provide fail-safe <br />performance. Hosted Services are not appropriate for use in ultra -hazardous environments where failure <br />of the Hosted System or the Juvare Cloud may lead to bodily injury, death or destruction of property. <br />d. Installation of Software applications in the Juvare Cloud is limited to the Software included in the <br />Subscription to Client by ESi and Software supplied by ESi either as a component of the Hosted System <br />or to support delivery of Hosted Services. <br />e. ESi shall only be responsible for performance of components of the Hosted System and Services under <br />its control. ESi shall not be responsible for performance deficiencies caused by processes, hardware and <br />software beyond its control including, but not limited to, information transmission delays due to excessive <br />internet traffic, internet outages, or failure of Client to perform its obligations under this Agreement. <br />f. The warranties set forth in the Agreement shall be void if any breach of this warranty or failure of the <br />hosting environment or Software is caused by unauthorized use, improper use or modification to Software <br />made by Client or its authorized users. <br />/End of Exhibit D <br />Confidential and Proprietary <br />Indian River.ESi.EUSA.draft 9-10-24 Page 20 of 20 <br />