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0 <br /> 3. EQUIPMENT <br /> 3.1. Supplied by 131. In the event Agency utilizes BI supplied Units, then, subject to <br /> availability of the Units, B1 shall supply a sufficient quantity of Units to meet Agency's need <br /> subject to notice five (5) business days prior to shipment. Agency agrees that it shall assist BI <br /> in forecasting its Unit needs. All Units supplied by BI shall be subject to all charges set forth in <br /> Section 5 herein, as applicable. Agencies utilizing BI supplied Units shall be entitled to receive, <br /> at no additional charge, a reasonable quantity of supplies (batteries, latches, and straps) and a <br /> reasonable quantity of installation kits to maintain Agency's active monitoring program. In the <br /> event any item of ExacuTrack Equipment is damaged to a material extent by any occurrence <br /> whatsoever, Agency shall promptly notify Bi and shall at its cost and expense repair such <br /> ExacuTrack Equipment to its original condition. In the event any item of ExacuTrack Equipment <br /> shall be lost, stolen, destroyed, damaged beyond repair or rendered permanently unfit or <br /> unavailable for use, for any reason whatsoever (any such occurrence being referred to as an <br /> "Event of Loss"), Agency shall promptly notify B1 and shall at its cost and expense replace such <br /> ExacuTrack Equipment. Upon providing written notice at least two (2) business days prior, BI <br /> shall have the right to enter on the premises where the Equipment may be located during <br /> normal business hours for the purpose of inspecting it, observing its use, or conducting an <br /> inventory. <br /> 3.2. Supplied by Agency. Agency may, subject to prior approval by BI, supply its <br /> own Units or equipment to be utilized hereunder. Any such Unit or item of equipment must be <br /> compatible with BI's host computer monitoring system. Units and/or equipment supplied by <br /> Agency will not be subject to the rental charges set forth in Section 5.1 and/or 5.2 herein. All <br /> other charges as set forth in Section 5 are considered applicable and are payable by Agency in <br /> accordance with the terms and conditions set forth in Section 5. In no event is Agency entitled <br /> to Unit supplies (batteries, latches, and straps)or maintenance hereunder if it is supplying Units. <br /> 3.3. Freight. Unless otherwise set forth on Exhibit A, any shipment made by one <br /> party to the other hereunder shall be made F.O.B. Destination. <br /> 4. AGENCY'S OBLIGATIONS <br /> Agency agrees: <br /> 4.1. to retain complete authority and responsibility for Client selection, enrollment and <br /> management; <br /> 4.2. to use ExacuTrack in accordance with the terms of this Agreement, including <br /> specifically the Documentation; <br /> 4.3. to perform or oversee orientation and installation of ExacuTrack Equipment in <br /> compliance with B! policy. B! policy establishes a specifically correct method of <br /> ExacuTrack Equipment installation. Orientation, in accordance with BI policy, <br /> establishes ExacuTrack Equipment use guidelines; <br /> 4.4. to be responsible for all liaison work with the involved courts; <br /> 4.5. to be responsible for all follow up calls to the Clients; <br /> 4.6. to use a computer with Internet Explorer 5.5 or higher to access and utilize the <br /> ExacuTrack System; <br /> 4.7 to verify the accuracy of its profile and notification defaults prior to enrolling any <br /> Clients; <br /> 4.8 to be responsible for monitoring Clients, including, but not limited to, managing <br /> alerts and reports, in accordance with the Documentation; <br /> 4.9 to establish policies and procedures for response to alert notifications and to <br /> respond accordingly; <br /> 4.10 to be responsible for the proper use, management and supervision of <br /> ExacuTrack Equipment; <br /> GPSEverett,city of,WA06 2 <br />