Common use of Contractual Performance Clause in Contracts

Contractual Performance. The characteristics of ZenZefi-T are defined by the current description from DTAG in the diagnostic portal (Annex 1) at the time this Agreement is concluded. ZenZefi-T is provided as a download. In the event of any questions in connection with ZenZefi-T, the User can contact an information source designated by DTAG. The following conditions for the use of ZenZefi-T must be fulfilled at the latest when a DCS Certificate is requested. The use of ZenZefi-T is only permissible at the User’s own sites, only within the scope of the intended purpose for the respective DCS Certificates, and only by the authorized persons in each case, with no private use permitted. Prerequisite for the use of ZenZefi-T is compliance with DTAG’s system requirements (Annex 2). These are available in the diagnostic portal. For the use of ZenZefi-T only devices with access protection and security mechanisms that meet the current DTAG requirements are permissible. When using ZenZefi-T, the requirements of the norm ISO 27001 or acknowledged comparable norms (such as Automotive TISAX) in accordance with the current state-of- theart and the DTAG security requirements must be observed. In the event of any ambiguity, the User shall consult its contact partner at DTAG for clarification. Using ZenZefi-T requires strict compliance with the obligations and definitions in these GTCs, both by the User and by any persons authorized by the User to work with ZenZefi-T. Authorized persons are such natural persons who are required by these GTCs to work with ZenZefi-T (“need-to-know principle”). The User shall properly protect ZenZefi-T from access by other persons. If these requirements are not fulfilled or are no longer completely fulfilled, DTAG can prohibit the further use of ZenZefi-T, in whole or in part, with immediate effect. The following security obligations must be fulfilled at the latest when a DCS Certificate is requested. The User shall ensure that the IT infrastructure used to operate ZenZefi-T complies with DTAG’s security requirements for DCS Certificates. This also applies to connections through local networks and storage media. The User must install all available updates for ZenZefi-T and must always use the latest available version of ZenZefi-T. DTAG will inform the User in a suitable manner when updates and new versions of ZenZefi-T are available. If it is unreasonable for the User to use the latest version, the User is entitled to use the previous version for an appropriate transition period. The User shall ensure that the security measures relating to the access to ZenZefi-T (see section 5.3) are met as applicable at the time of conclusion of these GTCs, as far as they contain stricter or additional requirements than these GTCs. DTAG can make appropriate changes to these requirements, and shall notify the User of any changes in a suitable manner. The changed version shall become binding two weeks after notification of the User. The User can terminate the Agreement within two weeks of receiving notice of a changed version, in writing, with immediate effect, if the User does not agree to the changes (special termination right). ZenZefi-T and any associated information, as well as the content of this Agreement, are to be treated strictly confidential. Any use of ZenZefi-T and the information beyond the specific purpose defined by DTAG in section 2.2 shall always constitute a serious violation of DTAG’s company and trade secrets. This does not apply to passing on contractual content to group companies (see section 3.4) and to subcontractors (see section 13.1) as far as the User is obligated to pass on the contractual obligations of these GTCs to a group company or a subcontractor. The User shall only entrust persons with access to ZenZefi-T and with the use of the systems, in which it is operated, to persons who are required to use them according to these GTCs. The User shall prevent any use of ZenZefi-T by persons who are not entrusted with the use of ZenZefi-T according to these GTCs. This particularly applies to personnel who are not assigned to the specific order that requires access to control devices through DCS Certificates and are correspondingly obligated to maintain confidentiality. Any possible access by third parties, who are not entrusted with the use of ZenZefi-T according to these GTCs, is strictly prohibited. Also strictly prohibited is any disclosure to third parties of the access information for systems and applications that a User is using to access ZenZefi-T. In addition, the User’s confidentiality obligations as agreed for the respective order placement shall apply as far as these requirements contain stricter or further extensive requirements than these GTCs. At DTAG’s request, the User shall provide unlimited, immediate and comprehensive information about all security and confidentiality measures relating to the use of ZenZefi-T as well as compliance with and controlling of these. To this end, the User shall provide corresponding documentation and data along with explanations. Upon request, the User shall permit DTAG to review these security and confidentiality measures or to have them reviewed by third parties who are obligated to maintain confidentiality. Upon request, the User shall provide DTAG with the necessary audit reports as proof of appropriate security and confidentiality measures for subcontractors who have or could gain access to ZenZefi-T. The User shall immediately provide DTAG with detailed information about any inadequate security or confidentiality measures and about any suspected violations of such measures, without being requested, first in text form and then in writing to the address designated by DTAG and the User shall, upon request, immediately provide any additionally requested information in this regard without limitation. This also applies to any foreseeable access or access attempts by third parties to devices for the use of ZenZefi-T.

Contractual Performance. The characteristics of ZenZefi-T are defined by the current description from DTAG Daimler in the diagnostic DocMaster portal (Annex 1) at the time this Agreement is concluded. ZenZefi-T is provided as a download. In the event of any questions in connection with ZenZefi-T, the User can contact an information source designated by DTAGDaimler. The following conditions for the use of ZenZefi-T must be fulfilled at the latest when a DCS DCS-T Certificate is requested. The use of ZenZefi-T is only permissible at the User’s own sites, only within the scope of the intended purpose for the respective DCS DCS-T Certificates, and only by the authorized persons in each case, with no private use permitted. Prerequisite for the use of ZenZefi-T is compliance with DTAGDaimler’s system requirements (Annex 2). These are available in the diagnostic DocMaster portal. For the use of ZenZefi-T only devices with access protection and security mechanisms that meet the current DTAG Daimler requirements are permissible. When using ZenZefi-T, the requirements of the norm ISO 27001 or acknowledged comparable norms (such as Automotive TISAX) in accordance with the current state-of- of-theart and the DTAG Daimler security requirements must be observed. In the event of any ambiguity, the User shall consult its contact partner at DTAG Daimler for clarification. Using ZenZefi-T requires strict compliance with the obligations and definitions in these GTCs, both by the User and by any persons authorized by the User to work with ZenZefi-T. Authorized persons are such natural persons who are required by these GTCs to work with ZenZefi-T (“need-to-know principle”). The User shall properly protect ZenZefi-T from access by other persons. If these requirements are not fulfilled or are no longer completely fulfilled, DTAG Daimler can prohibit the further use of ZenZefi-T, in whole or in part, with immediate effect. The following security obligations must be fulfilled at the latest when a DCS DCS-T Certificate is requested. The User shall ensure that the IT infrastructure used to operate ZenZefi-T complies with DTAGDaimler’s security requirements for DCS DCS-T Certificates. This also applies to connections through local networks and storage media. The User must install all available updates for ZenZefi-T and must always use the latest available version of ZenZefi-T. DTAG Daimler will inform the User in a suitable manner when updates and new versions of ZenZefi-T are available. If it is unreasonable for the User to use the latest version, the User is entitled to use the previous version for an appropriate transition period. The User shall ensure that the security measures relating to the access to ZenZefi-T (see section 5.3) are met as applicable at the time of conclusion of these GTCs, as far as they contain stricter or additional requirements than these GTCs. DTAG Daimler can make appropriate changes to these requirements, and shall notify the User of any changes in a suitable manner. The changed version shall become binding two weeks after notification of the User. The User can terminate the Agreement within two weeks of receiving notice of a changed version, in writing, with immediate effect, if the User does not agree to the changes (special termination right). ZenZefi-T and any associated information, as well as the content of this Agreement, are to be treated strictly confidential. Any use of ZenZefi-T and the information beyond the specific purpose defined by DTAG Daimler in section 2.2 shall always constitute a serious violation of DTAGDaimler’s company and trade secrets. This does not apply to passing on contractual content to group companies (see section 3.43.2) and to subcontractors (see section 13.1) as far as the User is obligated to pass on the contractual obligations of these GTCs to a group company or a subcontractor. The User shall only entrust persons with access to ZenZefi-T and with the use of the systems, in which it is operated, to persons who are required to use them according to these GTCs. The User shall prevent any use of ZenZefi-T by persons who are not entrusted with the use of ZenZefi-T according to these GTCs. This particularly applies to personnel who are not assigned to the specific order that requires access to control devices through DCS DCS-T Certificates and are correspondingly obligated to maintain confidentiality. Any possible access by third parties, who are not entrusted with the use of ZenZefi-T according to these GTCs, is strictly prohibited. Also strictly prohibited is any disclosure to third parties of the access information for systems and applications that a User is using to access ZenZefi-T. In addition, the User’s confidentiality obligations as agreed for the respective order placement shall apply as far as these requirements contain stricter or further extensive requirements than these GTCs. At DTAGDaimler’s request, the User shall provide unlimited, immediate and comprehensive information about all security and confidentiality measures relating to the use of ZenZefi-T as well as compliance with and controlling of these. To this end, the User shall provide corresponding documentation and data along with explanations. Upon request, the User shall permit DTAG Daimler to review these security and confidentiality measures or to have them reviewed by third parties who are obligated to maintain confidentiality. Upon request, the User shall provide DTAG Daimler with the necessary audit reports as proof of appropriate security and confidentiality measures for subcontractors who have or could gain access to ZenZefi-T. The User shall immediately provide DTAG Daimler with detailed information about any inadequate security or confidentiality measures and about any suspected violations of such measures, without being requested, first in text form and then in writing to the address designated by DTAG Daimler and the User shall, upon request, immediately provide any additionally requested information in this regard without limitation. This also applies to any foreseeable access or access attempts by third parties to devices for the use of ZenZefi-T.