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DocuSign Envelope ID:62A3314D-2E66-4A5A-9E7A-5FD781CF7066 <br /> harmww4m Services Statement of Work <br /> the Services are provided by Lenovo. No other discounts,quantity entitlements, or promotions apply unless <br /> expressly agreed in writing by Lenovo. <br /> 6.2 If there is a minimum commitment, then prices are subject to this minimum commitment. At the end of each <br /> six (6) month period beginning on the date that Lenovo begins performance, the Lenovo Project Manager will <br /> review actual Product processed against the minimum commitment. If the actual number of Product processed in <br /> the immediate past six (6) month period is seventy five percent (75%) or less than the minimum commitment, <br /> Lenovo may cancel any order. <br /> 6.3 Lenovo will invoice the Customer at the end of each calendar month for Services performed during the month. <br /> 7.0 Project Change Control Procedure <br /> In the event of such a change, prices and charges shall be adjusted accordingly. Lenovo shall confirm any <br /> agreed changes to Customer via a Change Authorization or equivalent document. Nothing herein shall obligate <br /> Lenovo to proceed with a change except as agreed by the parties. <br /> 8.0 Vendor Involvement <br /> 8.1 Lenovo may facilitate the purchase of Product by a third party for resale or scrap value. In addition, Product <br /> may be recycled for which there will be no payment to Customer. <br /> 8.2 In support of Vendor involvement: <br /> 1. Lenovo will receive a schedule of prices from a vendor or vendors of such programs on a monthly basis. <br /> Lenovo will share the applicable price schedules with Customer upon request. <br /> 2. Lenovo will provide Customer with an estimated value for Product that is functional, complete, and in good <br /> cosmetic condition. For Product that does not meet these criteria, a deduction will be made for all missing <br /> parts and any damages. Deductions will not exceed the value of the Product. If a Product does not appear on <br /> the monthly pricing schedule, Customer may request a quotation. <br /> 3. When Customer submits a request for Product to be collected, Lenovo will work with a vendor to provide an <br /> initial estimate based on that vendor's applicable price schedule. This estimate will be based on the <br /> information about the Product as provide by Customer, but it shall not be a final offer to purchase the Product. <br /> It may be an estimate to purchase for resale, for scrap, or for recycling and disposal at no cash value. When <br /> Product has been prepared and delivered by Customer to the vendor, the vendor will provide a final purchase <br /> offer to Lenovo. Lenovo will communicate the offer to Customer. The final offer will be based on the then <br /> current fair market value ("FMV") and the actual Product characteristics and Product condition. The final offer <br /> may be greater or less than the initial estimate. <br /> 4. Customer may accept the vendor's offer according to the terms of the Surplus Equipment Purchase <br /> Agreement, a copy of which is attached hereto, unless otherwise agreed. When Customer accepts the offer, <br /> Customer will transfer title to the Product directly to the vendor according to the terms of the agreement. <br /> 5. Vendors selected by Lenovo for this Service will conduct the disposal or recycling of Product in accordance <br /> with all applicable environmental laws. <br /> 9.0 Personnel <br /> 9.1 Each party is responsible for the supervision, direction, control, and compensation of its respective personnel. <br /> 9.2 Lenovo personnel used in the performance of Services shall be as determined by Lenovo in its sole <br /> discretion. <br /> 9.3 Lenovo may subcontract a Service, or any part of it,to subcontractors selected by Lenovo. <br /> 10.0 Warranty <br /> 10.1 Lenovo warrants Services will be performed in a workmanlike manner consistent with standards in the <br /> information technology industry. <br /> 10.2 In the event Lenovo fails to perform Services in accordance with Section 2, Customer shall provide written <br /> notice of such failure to Lenovo within three (3) days after the completion of such Services. Lenovo will either <br /> correct the failure or provide a credit of the charges paid to Lenovo for the defective portion of the Services. This <br /> Orange County NC Gov't-Lenovo Services Statement of Work(11 MAY 2015) Page 3 of 7 <br />