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DocuSign Envelope ID 4491A4BD-ECDA-4CAB-B1A6-B98D53B49E7A <br /> CPI of ChargePoint; (iv) availability of or interruption of the ChargePoint Network attributable to <br /> unauthorized intrusions; and/or(v) charging stations that are not registered with and activated on the <br /> ChargePoint Network. <br /> 5. SUBSCRIBER'S RESPONSIBILITIES AND AGREEMENTS. <br /> 5.1 GENERAL. <br /> (a) All use of ChargePoint and ChargePoint Services by Subscriber, its employees and <br /> agents and its grantees of Rights shall comply with this Agreement and all of the rules, limitations and <br /> policies of CPI set forth in the Documentation. All ChargePoint Services account details,passwords,keys, <br /> etc.are granted to Subscriber solely for Subscriber's own use (and the use of its grantees of Rights),and <br /> Subscriber shall keep all such items secure and confidential. Subscriber shall use reasonable efforts to <br /> prevent any unauthorized access to or use of ChargePoint or ChargePoint Services via Subscriber's <br /> ChargePoint Services account(s). Subscriber shall immediately notify CPI upon becoming aware of any <br /> such unauthorized use. <br /> (b) Subscriber shall be solely responsible for: (i) Provisioning of its Charging Stations, if <br /> any;(ii)keeping Subscriber's contact information,email address for the receipt of notices hereunder,and <br /> billing address for invoices both accurate and up to date; (iii) updating on the applicable ChargePoint <br /> Application,within five(5) business days,the location to which any of Subscriber's Charging Stations are <br /> moved; (iv)the non-warranty maintenance,service, repair and/or replacement of Subscriber's Charging <br /> Stations as needed, including informing CPI of the existence of any Charging Stations that are non- <br /> operational and not intended to be replaced or repaired by Subscriber; and (v) compliance with all <br /> applicable laws. For purposes of clarity, Subscriber's Charging Stations are covered by the terms of <br /> ChargePoint's standard products warranty or, if Subscriber qualifies, ChargePoint's Assure product <br /> warranty. <br /> (c)Subscriber shall deliver in full all benefits promised to Users by Subscriber in exchange <br /> for such Users connecting with Subscriber using ChargePoint Connections. <br /> 5.2 REPRESENTATIONS AND WARRANTIES OF SUBSCRIBER. Subscriber represents and <br /> warrants to CPI that: (i)it has the power and authority to enter into and be bound by this Agreement and <br /> shall have the power and authority to install the Charging Stations and any other electrical vehicle charging <br /> products which are registered and activated on the ChargePoint Network); (ii)the electrical usage to be <br /> consumed by Subscriber's Charging Stations will not violate or otherwise conflict with the terms and <br /> conditions of any applicable electrical purchase or other agreement including, without limitation, any <br /> lease,to which Subscriber is a party;and(iii)it has not installed or attached and will not install or attach <br /> Charging Stations on or to infrastructure not owned by Subscriber without proper authority, or in a <br /> manner that will block any easement or right of way. <br /> 5.3 CHARGEPOINT CARDS. Subscriber may be permitted by CPI, in CPI's sole discretion,to <br /> obtain CPI-provisioned radio-frequency identification cards ("ChargePoint Cards") which enable the <br /> individual card recipients to access and use ChargePoint. Subscriber may distribute such ChargePoint <br /> Cards to individuals,and each individual ChargePoint Card recipient is responsible for activating his or her <br /> ChargePoint Card on ChargePoint directly with CPI on the CPI web site. In no event will Subscriber create <br /> any separate ChargePoint accounts for any ChargePoint Card recipients or other third parties, nor will <br /> Subscriber create anonymous ChargePoint accounts associated with any ChargePoint Card. <br /> 5.4 USE RESTRICTIONS AND LIMITATIONS. Subscriber shall not: <br /> (a) sell, resell, license,rent, lease or otherwise transfer the ChargePoint Services or any <br /> Content therein to any third party; <br /> Page 4 of 18 <br /> Revised 8.24.16 <br /> 86 <br />