DocuSign Envelope ID: 6BE73965-BAEF-4791 -B930-DABA9714DC55
16.12.
16.13.
‘@ DARKTRACE
information and acknowledges that special service rates may apply thereto.
Government End-User Notice (applicable to United States government customers only). The Offering is commercial within
the meaning of the applicable civilian and military Federal acquisition regulations and any supplements thereto. If the user
of the Appliance is an agency, department, employee, or other entity of the United States Government, the use,
duplication, reproduction, release, modification, disclosure, or transfer of the Appliance, including technical data or
manuals, is governed by the terms, conditions and covenants contained in the Darktrace standard commercial licence
agreement, as contained herein.
Waiver. Each Party agrees that the failure of the other Party at any time to require performance by such Party of any of
the provisions herein will not operate as a waiver of the rights of such Party to request strict performance of the same or
like provisions, or any other provisions hereof, at a later time.
16.14 Insurance. Darktrace shall maintain the insurance coverage described as Appendix 3 hereto or an equivalent throughout
the Term, and Darktrace shall furnish Customer with a copy of its insurance certificate, from time to time during the Term,
upon Customer’s reasonable request
16.15. Headings. All headings used herein are for convenience of reference only and will not in any way affect the interpretation
of this Agreement.
16.16. Equitable Remedies. The Parties agree that with respect to a breach by a Party of Clauses 5, 8 or 14, monetary damages
may not be an adequate or sufficient remedy for a breach of this Agreement. Therefore, in addition to any applicable
monetary damages, a Party will also be entitled to apply for injunctive relief and other equitable relief to prevent breaches
of the Agreement, without proof of actual damage.
IN WITNESS WHEREOPF, the Parties have caused this Agreement to be executed as of the date written below
Darktrace: Darktrace Holdings Limited Customer: City of Nashua, New Hampshire
DocuSigned by:
Kotlel Cias— Jones
By: B9E55C903C5E453_— By:
Rachel Elias-Jones
Name: Name:
Title: Financial Director Title:
2022
Date: 9/5/20 Date:
V09.12.2020 MCA SHRINKWRAP 10
