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<br /> <br />First Amendment to the Master <br />Services and Purchasing Agreement <br /> <br />Page 1 of 6 <br /> <br />This First Amendment (“Amendment”) is between Axon Enterprise, Inc. (f/k/a Taser International, Inc.), a <br />Delaware corporation (“Axon”), and the City of Everett (“Agency”). This Amendment is effective as of the <br />last signature date on this Amendment (“Effective Date”). Axon and Agency are each a “Party” and <br />collectively “Parties”. <br />Axon and Agency are parties to the Master Services and Purchasing Agreement by and between the City <br />of Everett and Axon Enterprise, Inc. dated December 7, 2020 (“Agreement”). The parties also executed <br />an addendum regarding Washington State transparency laws (the “Addendum”), which is part of the <br />Agreement. <br />The Parties wish to incorporate further changes into the Agreement in order to expand the scope of offered <br />products. The newly added products are from Washington State Department of Enterprise Services contract <br />number 04220 (“DES Contract 04420”) and Washington State Department of Enterprise Services contract <br />number 06316 (“DES Contract 06316”). <br />The Parties therefore agree as follows: <br />1. The attached documents are hereby incorporated into the Agreement: <br />a. TASER 10 Appendix <br />b. Axon Respond Appendix <br />c. Axon Investigate Appendix <br />d. Quote Q-518261-45229.662JH <br /> <br />2. The parties agree on the following orders of precedence (with A governing B, B governing C, and <br />so on) in the event of conflict between provisions of the Agreement: <br /> <br /> The order of precedence governing products from DES Contract 06316 is: (A) the <br />Addendum, (B) pricing in Quote Q-518261, (C) appendices added by this First Amendment, <br />(D) the other terms and conditions of the Agreement, and lastly (E) DES Contract 06316 <br />(which is hereby incorporated into the Agreement except for its pricing). <br /> <br /> The order of precedence governing products from DES Contract 04420 is: (A) the <br />Addendum, (B) pricing in Quote Q-518261, (C) appendices added by this First Amendment <br />(D) DES Contract 04420 (which is hereby incorporated into the Agreement except for its <br />pricing), and lastly (E) the other terms and conditions of the Agreement. <br /> <br />3. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. <br /> <br />[signatures on next page]