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• 2.4 Subscriber Fleet Support Fees SUBSCRIBER agrees to pay COUNTY a Subscriber Fleet Support Fee assessed to SUBSCRIBER by COUNTY in accordance with a cost recovery policy established by the Board of Ramsey County Commissioners for costs including, but not limited to, programming, software updates, technical support, administrative support, configuration support, access to the emergency and special event shared pool of radios, training support and other costs attributable to SUBSCRIBER'S participation under this Agreement. The Subscriber Fleet Support Fees are subject to annual adjustment and current fees are detailed in Appendix A, attached hereto and made a part of this Agreement. 2.5 Pass Through Metropolitan Radio Board User Fees SUBSCRIBER agrees to pay to COUNTY all user fees attributable to SUBSCRIBER assessed to COUNTY by the Metropolitan Radio Board, or its successor entity if applicable, and passed through by COUNTY to SUBSCRIBER. Current Metropolitan Radio Board user fees are detailed in Appendix A. 2.6 Pro~rammin Fees Following initial programming of radios by COUNTY, SUBSCRIBER shall be entitled to receive reprogramming one additional time for each radio without additional cost to SUBSCRIBER. Thereafter, COUNTY shall assess a fee. The current reprogramming fee is set forth in Appendix A. 2.7 Invoicin and Payment Terms COUNTY will invoice SUBSCRIBER monthly, or at other intervals as determined by COUNTY, for all fees specified herein. For radios activated on or before the 15~' of the month, SUBSCRIBER will be charged for the entire month. For radios activated after the 15~' of the month, the fees will commence on • the first day of the following month. Payment of all fees herein shall be made directly to COUNTY within thirty-five (35) days from receipt of the invoice. 2.8 Flow Down Metropolitan Radio Board Contract Provisions SUBSCRIBER agrees to comply with all applicable flow down provisions contained in the Cooperative Agreement between COUNTY and the Metropolitan Radio Board, incorporated herein and made a part of this Agreement by this reference. 2.9 De-certification and Disposition of Obsolete Radios The Metropolitan Radio Board and COUNTY may de-certify radios and/or radio operating software versions which become obsolete for reasons including but not limited to: unsafe to use, impairs Subsystem performance, no longer supported by the radio manufacturer, no longer supported by COUNTY, exhibit substantial defects, exhibit performance deficiencies, impair implementation of Subsystem upgrades, become unreliable, and become economically unfeasible to maintain. Except in those cases affecting safety or performance impacts to the Subsystem, COUNTY will make reasonable efforts to avoid de-certification of radios owned by SUBSCRIBER which have not been fully depreciated and to provide SUBSCRIBER with at least one (1) year of advance notice prior to the effective date of radio or software version de-certification. De-certified radios, or radios operating with de-certified software versions will not be allowed to access or use the Subsystem. SUBSCRIBER agrees to dispose of obsolete radios, batteries and other equipment in accordance with applicable laws and rules regarding disposal of hazardous materials. 2.10 Limitation of Radio Programming, Radio Code Plug Programming Files and System Key File Regardless of ownership, all radios on the Subsystem shall be programmed only by COUNTY, and • COUNTY shall retain an archived electronic copy of all radio code plug programming files and encryption keys files installed in all SUBSCRIBER radios covered under this Agreement. The configuration of all radio code plug programming files and radio templates shall be subject to approval by 30