Common use of SERVICES ARE PROVIDED Clause in Contracts

SERVICES ARE PROVIDED. 3.1. Esri Ireland shall provide the Services at the Customer Location using the reasonable skill and care expected of a competent provider of the Services. 3.2. Where Customer has paid the annual software support and maintenance Charges, Esri Ireland shall provide the annual software support and maintenance Services for the Software in accordance with the Support Policy (and in relation to Esri Inc Software, subject to the Esri Inc Product Lifecycle Policy available at ▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇.▇▇▇/en/shared/product-life-cycle/ProductlifeCycle.pdf). 3.3. Professional services will be provided either as a fixed price piece of work (in which case the fixed price and payment milestones will be identified within the Esri Ireland Quotation/Proposal) or if no fixed price is so identified the services will be provided on a time and materials basis. 3.4. If the Customer orders and pays for a number of professional Services days up front, the Customer must “call-off” such days, in units of two or more days, for projects that are agreed with Esri Ireland from time to time, within a period of 12 months from the date of such order. No refund of unused days will be provided 3.5. If the Customer cancels any professional Services less than 2 weeks before the agreed date, it shall be liable for 100% of the Charges and Expenses therefor. 3.6. For time and materials professional services, any days stated are only an estimate of the days required to carry out the professional Services. Where the professional Services are achieved using less than the estimated days and assuming that no further use is identified by the Customer for any unused days, such days will, in this instance, be cancelled without penalty. If further days are required above the number of days estimated, these will be agreed with the Customer and charged at the then appropriate Daily Rates. 3.7. These General Terms do not apply to training services, which are governed by the current Esri Ireland’s General Terms and Conditions and Registration Form for Training. Such training Services terms are available from Esri Ireland or at www.esri- ▇▇▇▇▇▇▇.▇▇. 3.8. These General Terms do not apply to Esri UK Online Services, which are governed by the current Esri UK Online Service Terms. Such Online Service Terms are available at Esri UK Online Service Terms and need accepting prior to accessing such Esri UK Online Services.

SERVICES ARE PROVIDED. 3.1. Esri Ireland shall provide the Services at the Customer Location using the reasonable skill and care expected of a competent provider of the Services. 3.2. Where Customer has paid the annual software support and maintenance Charges, Esri Ireland shall provide the annual software support and maintenance Services for the Software in accordance with the Support Policy (and in relation to Esri Inc Software, subject to the Esri Inc Product Lifecycle Policy available at ▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇.▇▇▇/en/shared/product-life-cycle/ProductlifeCycle.pdf). 3.3. Professional services will be provided either as a fixed price piece of work (in which case the fixed price and payment milestones will be identified within the Esri Ireland Quotation/Proposal) or if no fixed price is so identified the services will be provided on a time and materials basis. 3.4. If the Customer orders and pays for a number of professional Services days up front, the Customer must “call-off” such days, in units of two or more days, for projects that are agreed with Esri Ireland from time to time, within a period of 12 months from the date of such order. No refund of unused days will be provided 3.5. If the Customer cancels any professional Services less than 2 weeks before the agreed date, it shall be liable for 100% of the Charges and Expenses therefor. 3.6. For time and materials professional services, any days stated are only an estimate of the days required to carry out the professional Services. Where the professional Services are achieved using less than the estimated days and assuming that no further use is identified by the Customer for any unused days, such days will, in this instance, be cancelled without penalty. If further days are required above the number of days estimated, these will be agreed with the Customer and charged at the then appropriate Daily Rates. 3.7. These General Terms do not apply to training learning services, which are governed by the current Esri Ireland’s General Terms and Conditions and Registration Form for TrainingIreland Learning Services Terms. Such training Learning Services terms Terms are available from Esri Ireland or at www.esri- ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/en-gb/legal/ie/terms-and- conditions. 3.8. These General Terms do not apply to Esri UK Managed Cloud and Online Services, which are governed by the current Esri UK Managed Cloud and Online Service Terms. Such Online Service Terms , which are available at ▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇/▇▇▇▇▇-▇▇▇-▇▇▇▇▇▇▇▇▇▇; nor do they apply to Esri UK Online Service Terms and need accepting prior to accessing such Esri UK Online ServicesIreland’s managed services which are governed by separate agreement (available upon request).