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TERMS AND CONDITIONS
<br />1. Equipment and Services: NAME OF CUSTOMER: [WA] Everett Parks and Recreation
<br />(“Customer” or “You”) requires access to certain equipment and software and Intelligent Marking USA Inc. dba Turf Tank (“Turf Tank”, “us” or “we”) has the right to
<br />rent or sell the equipment listed above and, on any schedule, attached to this Agreement (the “Equipment”) and to provide access to certain software embedded in
<br />the Equipment. Turf Tank ApS (the “Owner”) holds full and unconditional title to the Equipment and all underlying software (see Section 3 below). This Agreement
<br />is effective on the date that it is accepted and signed by us, and the term of this Agreement begins on that date or any later date that we designate (the
<br />“Commencement Date”) and continues thereafter for the number of months indicated above (“Initial Rental Term”). This Agreement shall automatically renew for
<br />successive twelve (12) month periods (each an “Extended Term” and together with the Initial Term, the “Term”) unless either party noti es the other party of its
<br />intent not to renew at least thirty (30) days prior to the expiration of the Initial T erm or then-current Extended Term. Turf Tank grants you a limited, nontransferable, non-
<br />sublicensable right to use the Equipment and underlying software during the Term of this Agreement, subject to these terms and conditions.
<br />2. Fees, Billing, and Payment Terms: The implementation fee and the initial Equipment subscription fee (“Service Fees”) will be invoiced on the date of Equipment
<br />shipment and shall be payable Net 18 from the invoice date. At each Renewal Term, the Service Fees will be invoiced thirty (30) days prior to the anniversary of the
<br />install date and shall be payable Net 30 from the invoice date. In addition to Service Fees, you agree to pay when due, either directly or as reimbursement to Turf
<br />Tank, all sales, use and personal property taxes and charges in connection with the ownership and use of the Equipment, unless you provide us with a copy of your
<br />valid tax-exempt certi cate. Any such applicable charges will be re ected on invoices issued to you. You agree to pay all undisputed charges on a timely basis. You
<br />shall provide written notice of, and the basis for, any such good faith disputed amount, (via e-mail at billing@turftank.com) within forty- ve (45) days of the date of
<br />the invoice. The parties will reasonably and expeditiously work to resolve the dispute. Failure of Turf Tank to invoice you in a timely manner for any amounts due
<br />under this Agreement shall not be deemed a waiver by Turf Tank of its rights to payment and all outstanding amounts shall remain due and payable in full by you.
<br />3. Title: The Owner, a Danish private limited company validly incorporated under the laws of Denmark with a company registration no. 36722436 and a registered
<br />address at Skjoldet 20 DK9230 Svenstrup J, has full and unconditional title to the Equipment and software.
<br />4. Equipment Use, Maintenance, Warranties and Data Access: During the Term, Turf Tank hereby transfers to you any manufacturer warranties to the extent the
<br />same are provided to us by Owner, and such warranty coverage is set forth on Subscription Warranty document to this Agreement (“Warranty”). You shall promptly
<br />notify us of any defect or issue related to the Equipment covered by Warranty (“Warranty Claim”) and Turf Tank will, at our option, and as our sole and exclusive
<br />liability and your sole and exclusive remedy, either repair the defect or issue, or replace the Equipment. Aside from items covered by Warranty, you shall, at your
<br />cost, keep the Equipment in good working condition, including maintaining all supplies and repairs. You hereby acknowledge and consent to the acquisition by us
<br />or Owner of certain data generated from your operation of the Equipment (“Usage Data”). You agree that we or Owner shall own all rights in and to such Usage
<br />Data, and may access and use such Usage Data. The Warranty does not apply to any Equipment that has been: (i) subjected to (a) abuse, misuse, neglect,
<br />accident, (b) improper testing, installation, storage, or handling, (c) abnormal physical stress, environmental conditions or use contrary to any instructions issued
<br />by us; (ii) reconstructed, repaired or altered by any party other than Turf Tank; (iii) used with any third-party product(s), hardware or product that has not been
<br />authorized in writing by Turf Tank; or (iv) damaged or destroyed due to an event beyond your or our reasonable control.
<br />5. Assignment: You shall not transfer, sell, sublease, assign, pledge, or encumber either the Equipment or any rights under this Agreement without Turf Tank’s prior
<br />written consent. You agree that Turf Tank may freely sell, assign, or transfer this Agreement. The rights of the new owner will not be subject to any claims,
<br />defenses, or setoffs that you may have against us, the Owner or any third party.
<br />6. Risk of Loss; Limit of Liability: To the fullest extent permitted by applicable law, you are responsible for all risks of loss or damage to the Equipment and responsible
<br />and liable for any personal injury (including death), or real or personal property damage resulting from the Equipment, and if any such damages or loss occurs, you
<br />shall be required to satisfy all of yourobligations under this Agreement. Neither we nor the Owners are responsible for any losses or injuries caused by the
<br />Equipment. In no event shall Turf Tank or Owner be liable to you or any third party for any lost pro ts, loss of data, special, consequential, exemplary, punitive,
<br />incidental, or indirect damages or costs (including legal fees and expenses) in connection with any claim arising from this agreement. The total cumulative liability
<br />shall not in the aggregate exceed the service fees paid by you to Turf Tank under this agreement in the twelve (12) months immediately preceding the event.
<br />7. End of Agreement: At the end of the Term, you shall have the option to renew the existing agreement for an additional three (3) years at current rate or the
<br />Extended Term from section 1 takes effect and shall automatically renew for an additional twelve (12) months. If you choose to end agreement per section 1
<br />conditions, you shall return the Equipment in Good Working Condition (as de ned below) at your cost. The return location will be within western Washington. The Equipment must
<br />be returned
<br />with accessories, parts, and major components that were originally delivered with the equipment. Major components consist of but not limited to the following – the
<br />control unit, rover, base station, robot batteries, etc. Any clear, visual damage to the Equipment that will require repair, as determined in Turf Tank’s discretion, will
<br />be invoiced. Regular wear and tear is acceptable. “Good Working Condition” of Equipment means: (a) the base must be able to power on and connect to a
<br />minimum of 12 satellites; (b) the robot must be able to power on and connect to a tablet; (c) the robot must be able to run the standard installed plan; and (d) the
<br />tablet must be able to power on and connect to the robot.
<br />8. Default and Remedies: You shall be deemed in default on this Agreement if: (a) you fail to pay any Service Fees or any other amount when due; or (b) you breach
<br />any other obligation under this Agreement or any other agreement with us. If you are in default, we may: (i) remotely disable the Equipment and/or its software so
<br />that it is unable to function for its intended use, (ii) escalate the aged debt to a third party collection agency, (iii) place any supplies, parts or service on hold, (iv)
<br />peacefully repossess the Equipment, and (v) pursue any and all other legal and/or equitable remedies for any unpaid balances, including court costs and legal fees.
<br />9. Attorney Fees and Miscellaneous: This Agreement was made in the State of Georgia, is to be performed in WA and shall be governed in accordance with the
<br />laws of WA. Any action arising out of this Agreement shall be adjudicated in a court of competent jurisdiction in Snohomish County Washington. You agree the Equipment
<br />shall only be used for your internal business purposes and not for personal, family or household use, and shall not be moved from the above location or a location
<br />under your control, without our consent. We, or whoever we authorize hereto, may inspect the Equipment during the Term of this Agreement. Any amendment or
<br />revision to this Agreement must be in writing and signed by both parties to be enforceable. You agree that a facsimile or electronic mail copy of this Agreement
<br />with facsimile or electronic mail signatures may be treated as an original and will be admissible as evidence of this Agreement.
<br />10. Special Terms:
<br />FIRST INVOICE DETAILS CUSTOMER SIGNATURE TURF TANK REPRESENTATIVE
<br />1st Subscription Invoice +$6,000.00
<br />Implementation Fee +$1,700.00
<br />Other +
<br />Total Payment Enclosed +$7,700.00
<br />DUE NET 18 Other:
<br />Full Name
<br />Title
<br />Date
<br />Full Name
<br />Colten Steele
<br />Title
<br />Sales Manager
<br />Date
<br />2026-02-10
<br />Signature Signature
<br />Cassie Franklin
<br />Mayor
<br />02/11/2026
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