Common use of Support Exclusions Clause in Contracts

Support Exclusions. (a) Unless otherwise agreed in writing by AVEVA, AVEVA does NOT provide Support Services for Third- Party Products, including but not limited to Crystal Reports. If AVEVA does provide Support Services for Third-Party Products at Customer’s written request, AVEVA’s Support Services for such Third- Party Products shall be rendered “AS-IS” and without warranty of any kind and such Support Services shall be for an additional fee at AVEVA’s then-current service rates. (b) Customer shall be responsible for payment for AVEVA equipment and materials if Customer’s employees, agents, consultants or contractors working on AVEVA equipment or materials causes malfunction or failure of such equipment or materials. If such an event occurs, AVEVA equipment and materials will be billed to Customer at the then-current rates for such equipment and materials and Customer shall also pay AVEVA for any associated services as a result of such malfunction or failure. (c) AVEVA and non-AVEVA system goods and software not specifically listed in the AVEVA Proposal or CFP User Guide as covered under the support level purchased by Customer are NOT covered under the Support Services. Technical assistance rendered via any means of personal communication (including but not limited to telephone, facsimile, postal mail, email, texting, and web- enabled chat), remote connection and diagnosis, material, labor or other support assistance provided by AVEVA to resolve an issue involving non-listed goods, software, or equipment is chargeable to Customer at the then-current AVEVA service rates. (d) AVEVA will NOT provide Support Services on AVEVA software or goods from or repaired by a non- AVEVA-authorized agent, distributor, reseller or other third party. If any issues occur that are attributable to third-party procured material or services, all work performed by AVEVA will be subject to invoicing at the then-current AVEVA service rates. (e) Unless specifically purchased as an option under a Transaction Document and described in the AVEVA Proposal (or CFP User Guide), planning, installation, testing, and documentation of expansions, modifications and software upgrades of custom application or Third-Party Programs are NOT covered by the Support Services. (f) Unless otherwise agreed in writing by AVEVA, ▇▇▇▇▇ identified as retired phase or due to become retired under the AVEVA lifecycle support policy during the Support Term will be excluded and will NOT be supported. (g) Supported Software identified as mature phase under the AVEVA lifecycle support policy will be supported for a maximum of one (1) year. (h) All decisions made by Customer relating to the implementation of AVEVA’s advice and recommendations are the sole responsibility of Customer. To the extent Support Services are of an advisory nature, no specific business result is assured or guaranteed.

Support Exclusions. (a) Unless otherwise agreed in writing by AVEVA, AVEVA does NOT provide Support Services for Third- Party Products, including but not limited to Crystal Reports. If AVEVA does provide Support Services for Third-Party Products at Customer’s written request, AVEVA’s Support Services for such Third- Party Products shall be rendered “AS-IS” and without warranty of any kind and such Support Services shall be for an additional fee at AVEVA’s then-current service rates. (b) Customer shall be responsible for payment for AVEVA equipment and materials if Customer’s employees, agents, consultants or contractors working on AVEVA equipment or materials causes malfunction or failure of such equipment or materials. If such an event occurs, AVEVA equipment and materials will be billed to Customer at the then-current rates for such equipment and materials and Customer shall also pay AVEVA for any associated services as a result of such malfunction or failure. (c) AVEVA and non-AVEVA system goods and software not specifically listed in the AVEVA Proposal or CFP User Guide as covered under the support level purchased by Customer are NOT covered under the Support Services. Technical assistance rendered via any means of personal communication (including but not limited to telephone, facsimile, postal mail, email, texting, and web- enabled chat), remote connection and diagnosis, material, labor or other support assistance provided by AVEVA to resolve an issue involving non-listed goods, software, or equipment is chargeable to Customer at the then-current AVEVA service rates. (d) AVEVA will NOT provide Support Services on AVEVA software or goods from or repaired by a non- AVEVA-authorized agent, distributor, reseller or other third party. If any issues occur that are attributable to third-party procured material or services, all work performed by AVEVA will be subject to invoicing at the then-current AVEVA service rates. (e) Unless specifically purchased as an option under a Transaction Document and described in the AVEVA Proposal (or CFP User Guide), planning, installation, testing, and documentation of expansions, modifications and software upgrades of custom application or Third-Party Programs are NOT covered by the Support Services. (f) Unless otherwise agreed in writing by AVEVA, ▇▇▇▇▇ Goods identified as retired phase or due to become retired under the AVEVA lifecycle support policy during the Support Term will be excluded and will NOT be supported. (g) Supported Software identified as mature phase under the AVEVA lifecycle support policy will be supported for a maximum of one (1) year. (h) All decisions made by Customer relating to the implementation of AVEVA’s advice and recommendations are the sole responsibility of Customer. To the extent Support Services are of an advisory nature, no specific business result is assured or guaranteed.

Support Exclusions. (a) Unless otherwise agreed in writing by AVEVA, AVEVA does NOT provide Support Services for Third- Third-Party Products, including but not limited to Crystal Reports. If AVEVA does provide Support Services for Third-Party Products at Customer’s written request, AVEVA’s Support Services for such Third- Third-Party Products shall be rendered “AS-IS” and without warranty of any kind and such Support Services shall be for an additional fee at AVEVA’s then-current service rates. (b) Customer shall be responsible for payment for AVEVA equipment and materials if Customer’s employees, agents, consultants or contractors working on AVEVA equipment or materials causes malfunction or failure of such equipment or materials. If such an event occurs, AVEVA equipment and materials will be billed to Customer at the then-current rates for such equipment and materials and Customer shall also pay AVEVA for any associated services as a result of such malfunction or failure. (c) AVEVA and non-AVEVA system goods and software not specifically listed in the AVEVA Proposal or CFP User Guide as covered under the support level purchased by Customer are NOT covered under the Support Services. Technical assistance rendered via any means of personal communication (including but not limited to telephone, facsimile, postal mail, email, texting, and web- web-enabled chat), remote connection and diagnosis, material, labor or other support assistance provided by AVEVA to resolve an issue involving non-listed goods, software, or equipment is chargeable to Customer at the then-current AVEVA service rates. (d) AVEVA will NOT provide Support Services on AVEVA software or goods from or repaired by a non- non-AVEVA-authorized agent, distributor, reseller or other third party. If any issues occur that are attributable to third-party procured material or services, all work performed by AVEVA will be subject to invoicing at the then-current AVEVA service rates. (e) Unless specifically purchased as an option under a Transaction Document and described in the AVEVA Proposal (or CFP User Guide), planning, installation, testing, and documentation of expansions, modifications and software upgrades of custom application or Third-Party Programs are NOT covered by the Support Services. (f) Unless otherwise agreed in writing by AVEVA, ▇▇▇▇▇ identified as retired phase or due to become retired under the AVEVA lifecycle support policy during the Support Term will be excluded and will NOT be supported. (g) Supported Software identified as mature phase under the AVEVA lifecycle support policy will be supported for a maximum of one (1) year. (h) All decisions made by Customer relating to the implementation of AVEVA’s advice and recommendations are the sole responsibility of Customer. To the extent Support Services are of an advisory nature, no specific business result is assured or guaranteed.

Support Exclusions. (a) Unless otherwise agreed in writing by AVEVA, AVEVA does NOT provide Support Services for Third- Third-Party Products, including but not limited to Crystal Reports. If AVEVA does provide Support Services for Third-Party Products at Customer’s written request, AVEVA’s Support Services for such Third- Third-Party Products shall be rendered “AS-IS” and without warranty of any kind and such Support Services shall be for an additional fee at AVEVA’s then-current service rates. (b) Customer shall be responsible for payment for AVEVA equipment and materials if Customer’s employees, agents, consultants or contractors working on AVEVA equipment or materials causes malfunction or failure of such equipment or materials. If such an event occurs, AVEVA equipment and materials will be billed to Customer at the then-current rates for such equipment and materials and Customer shall also pay AVEVA for any associated services as a result of such malfunction or failure. (c) AVEVA and non-AVEVA system goods and software not specifically listed in the AVEVA Proposal or CFP User Guide as covered under the support level purchased by Customer are NOT covered under the Support Services. Technical assistance rendered via any means of personal communication (including but not limited to telephone, facsimile, postal mail, email, texting, and web- web-enabled chat), remote connection and diagnosis, material, labor or other support assistance provided by AVEVA to resolve an issue involving non-listed goods, software, or equipment is chargeable to Customer at the then-current AVEVA service rates. (d) AVEVA will NOT provide Support Services on AVEVA software or goods from or repaired by a non- non-AVEVA-authorized agent, distributor, reseller or other third party. If any issues occur that are attributable to third-party procured material or services, all work performed by AVEVA will be subject to invoicing at the then-current AVEVA service rates. (e) Unless specifically purchased as an option under a Transaction Document and described in the AVEVA Proposal (or CFP User Guide), planning, installation, testing, and documentation of expansions, modifications and software upgrades of custom application or Third-Party Programs are NOT covered by the Support Services. (f) Unless otherwise agreed in writing by AVEVA, ▇▇▇▇▇ Goods identified as retired phase or due to become retired under the AVEVA lifecycle support policy during the Support Term will be excluded and will NOT be supported. (g) Supported Software identified as mature phase under the AVEVA lifecycle support policy will be supported for a maximum of one (1) year. (h) All decisions made by Customer relating to the implementation of AVEVA’s advice and recommendations are the sole responsibility of Customer. To the extent Support Services are of an advisory nature, no specific business result is assured or guaranteed.

Support Exclusions. (a) Unless otherwise agreed in writing by AVEVA, AVEVA does NOT provide Support Services for Third- Party Products, including but not limited to Crystal Reports. If AVEVA does provide Support Services for Third-Party Products at Customer’s written request, AVEVA’s Support Services for such Third- Party Products shall be rendered “AS-IS” and without warranty of any kind and such Support Services shall be for an additional fee at AVEVA’s then-current service rates. (b) Customer shall be responsible for payment for AVEVA equipment and materials if Customer’s employees, agents, consultants or contractors working on AVEVA equipment or materials causes malfunction or failure of such equipment or materials. If such an event occurs, AVEVA equipment and materials will be billed to Customer at the then-current rates for such equipment and materials and Customer shall also pay AVEVA for any associated services as a result of such malfunction or failure. (c) AVEVA and non-AVEVA system goods and software not specifically listed in the AVEVA Proposal or CFP User Guide as covered under the support level purchased by Customer are NOT covered under the Support Services. Technical assistance rendered via any means of personal communication (including but not limited to telephone, facsimile, postal mail, email, texting, and web- enabled chat), remote connection and diagnosis, material, labor or other support assistance provided by AVEVA to resolve an issue involving non-listed goods, software, or equipment is chargeable to Customer at the then-current AVEVA service rates. (d) AVEVA will NOT provide Support Services on AVEVA software or goods from or repaired by a non- AVEVA-authorized agent, distributor, reseller or other third party. If any issues occur that are attributable to third-party procured material or services, all work performed by AVEVA will be subject to invoicing at the then-current AVEVA service rates. (e) Unless specifically purchased as an option under a Transaction Document and described in the AVEVA Proposal (or CFP User Guide), planning, installation, testing, and documentation of expansions, modifications and software upgrades of custom application or Third-Party Programs are NOT covered by the Support Services.. DocuSign Envelope ID: 37564C04-AB7A-4296-99AA-986EA1C63843 (f) Unless otherwise agreed in writing by AVEVA, ▇▇▇▇▇ identified as retired phase or due to become retired under the AVEVA lifecycle support policy during the Support Term will be excluded and will NOT be supported. (g) Supported Software identified as mature phase under the AVEVA lifecycle support policy will be supported for a maximum of one (1) year. (h) All decisions made by Customer relating to the implementation of AVEVA’s advice and recommendations are the sole responsibility of Customer. To the extent Support Services are of an advisory nature, no specific business result is assured or guaranteed.

Support Exclusions. (a) Unless otherwise agreed in writing by AVEVAInvensys, AVEVA Invensys does NOT provide Support Services under the ICFP for Third- Third Party Products, including but not limited to Crystal Reports. If AVEVA does provide Support Services for Third-Invensys services Third Party Products at Customer’s written request, AVEVA’s Support Services for such Third- Party Products Invensys’ services shall be rendered “AS-IS” and without warranty of any kind and such Support Services services shall be for an additional fee at AVEVA’s then-Invensys’ then current service rates. (b) Customer shall be responsible for payment for AVEVA Invensys equipment and materials if Customer’s employees, agents, consultants or contractors working on AVEVA Invensys equipment or materials causes malfunction or failure of such equipment or materials. If such an event occurs, AVEVA Invensys equipment and materials will be billed to Customer at the then-then current rates for such equipment and materials and Customer shall also pay AVEVA Invensys for any associated services as a result of such malfunction or failure. (c) AVEVA Invensys and non-AVEVA Invensys system goods and software not specifically listed in the AVEVA Invensys Proposal or CFP User Guide as covered under the support level purchased by Customer are NOT covered under the Support ServicesAgreement. Technical assistance rendered via any means of personal communication (including but not limited to telephone, facsimile, postal mail, email, texting, and web- web-enabled chat), remote connection and diagnosis, material, labor or other support assistance provided by AVEVA Invensys to resolve an issue involving non-listed goods, software, or equipment is chargeable to Customer at the then-then- current AVEVA Invensys service rates. (d) AVEVA Invensys will NOT provide Support Services on AVEVA Invensys software or goods from or repaired by a non- AVEVAnon-Invensys-authorized agent, distributor, reseller or other third party. If any issues occur that are attributable to third-party procured material or services, all work performed by AVEVA Invensys will be subject to invoicing at the then-current AVEVA Invensys service rates. (e) Unless specifically purchased as an option under a Transaction Document the Agreement and described in the AVEVA Proposal (or CFP User Guide)Invensys Proposal, planning, installation, testing, and documentation of expansions, modifications and software upgrades of custom application or Third-Party Programs third party programs are NOT covered by under the Support ServicesICFP. (f) Unless otherwise agreed in writing by AVEVAInvensys, ▇▇▇▇▇ Goods identified as retired obsolete phase or due to become retired obsolete under the AVEVA Invensys lifecycle support policy during the Support Term Agreement term will be excluded and will NOT be supported. (g) Supported Software Goods identified as mature lifetime phase under the AVEVA Invensys lifecycle support policy will be supported for a maximum of one (1year. The product lifecycle categorization will be reviewed during the annual installed product assessment to determine whether it is anticipated that the product(s) yearwill move to the obsolete phase during the next 12 months. (h) All decisions made by Customer relating to the implementation of AVEVA’s Invensys’ advice and recommendations are the sole responsibility of Customer. To the extent Support Services are of an advisory nature, no specific business result is assured or guaranteed.