Agenda

9.0—MERGERS, ACQUISITIONS, OR
DIVESTITURES

If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;

(ii) Customer's acquisition of another entity; or (iii) a
transfer or sale of all or part of Customer's
organization (subsections |, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.

supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0—ENDORSEMENT AND PUBLICITY

owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.

4.0—PropuctT UPDATES

1.0—ADDITIONAL DEFINITIONS

In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:

"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.

“Deploy”, "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).

Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation
attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this
Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL
GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise
agreed to by the parties ("Effective Date").

Esri Use Only:
Cust. Name
Cust. #

PO #

Esri Agreement #

SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-3)

This Agreement is by and between the organization identified in the Quotation (“Customer”) and Environmental

Systems Research Institute, Inc. (“Esri").

e THE
e Ss ir ° SCIENCE
i
WHERE™

Environmental Systems Research Institute, Inc.
380 New York St

Redlands, CA 92373-8100

Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3

To expedite your order, please attach a copy of
this quotation to your purchase order.
Quote is valid from: 7/5/2022 To: 10/3/2022

Material Qty
159168 1

Quotation # Q-427430

Date: July 5, 2022

Customer # 152266 Contract # ENTERPRISE
AGREEMENT

City of Nashua

@esri |=
WHERE" Date: July 5, 2022

Environmental Systems Research Institute, Inc. Customer #152266 Contract # ENTERPRISE
380 New York St AGREEMENT
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049 City of Nashua
DUNS Number: 06-313-4175 CAGE Code: 0AMS3 GIS Department

229 Main St

@esri |=
WHERE" Date: July 5, 2022
Environmental Systems Research Institute, Inc. Customer #152266 Contract # ENTERPRISE
380 New York St AGREEMENT
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049 City of Nashua
DUNS Number: 06-313-4175 CAGE Code: 0AMS3 GIS Department
229 Main St
Nashua, NH 03060-2938
To expedite your order, please attach a copy of ATTENTION: Pamela Andruskevich
this quotation to your purchase order. PHONE: 603-589-3040 x3055

City of Nashua

Administrative Services Division

(603) 589-3020
229 Main Street - Nashua, NH 03060

To: Mayor Donchess
Finance Committee

Date: July 26, 2022
Re: Contract — ESRI GIS Enterprise Agreement

This request is for the Annual Agreement between the City of Nashua/Pennichuck Corp. and ESRI
(Environmental Systems Research Institute, Inc.)

Funding: GIS 34.1.500 — 54407 Software, City of Nashua cost $38,436 for FY23, $115,308 3 Yr.
Total Cost