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• COUNTY before the radios will be activated on the Subsystem. All radio code plug programming files, system key files and encryption key files are the sole property of COUNTY, and contain information that is classified as security information and non-public government data. Unless specifically authorized by COUNTY in writing, SUBSCRIBER may not directly or indirectly, permit any third party to: view, read, print, extract, copy, archive, edit, create, clone, transfer, tamper with or otherwise compromise the security of any radio code plug programming file, system key file or encryption key file for any radio on the Subsystem. In the event SUBSCRIBER learns that any party has improperly or fraudulently obtained radio code plug programming file information, system key file or encryption key file, SUBSCRIBER will immediately notify COUNTY of the security breach. 2.11 Risk of Loss for Lost Stolen or Destroyed Radios SUBSCRIBER assumes full risk of loss for radios owned by the SUBSCRIBER and for COUNTY- provided radios assigned to SUBSCRIBER for special events/emergencies which are lost, stolen, physically un-repairable or destroyed for any reason excluding damage which occurs while the radios are in the possession of COUNTY. SUBSCRIBER will be invoiced, and agrees to pay, the replacement cost of the radio for any lost, stolen or destroyed radios. 2.12 Notification to COUNTY of Lost or Stolen Radios SUBSCRIBER agrees to immediately notify COUNTY of any missing, lost or stolen radios, so the radio can be deactivated on the Subsystem. 2.13 Repair of SUBSCRIBER-Owned Radios SUBSCRIBER is responsible for maintaining SUBSCRIBER-owned radios in good repair and for replacing any SUBSCRIBER-owned radios that are unrepairable. SUBSCRIBER shall notify COUNTY • when a radio is removed from use. A replacement radio may not be used on the Subsystem until COUNTY has programmed the radio pursuant to the provisions of this Agreement. SUBSCRIBER may utilize radios purchased and owned by SUBSCRIBER on the Subsystem provided that such radios and radio operating software versions are specifically certified for use on the Subsystem by the Metropolitan Radio Board and COUNTY. Non-certified radios, or radios operating with non-certified software versions will not be allowed to access or use the Subsystem. 3. DUTIES AND RESPONSIBILITIES OF COUNTY 3.1 Furnishing of Radios to SUBSCRIBER SUBSCRIBER is making an initial purchase of xx radios as described in Appendix B, attached hereto and made a part of this Agreement. COUNTY will obtain the radios and will inventory, inspect, test, and program them before they are turned over to SUBSCRIBER. SUBSCRIBER shall be the owner of the radios. Any radios subsequently purchased by SUBSCRIBER must be specifically certified for use on the Subsystem by the Metropolitan Radio Board and COUNTY. Non-certified radios, or radios operating with non-certified software versions will not be allowed to access or use the Subsystem. Prior to use on the Subsystem by SUBSCRIBER, such subsequently-purchased radios must be turned over to COUNTY for inventory, inspection, testing, and programming. 3.2 Financing of End Subscriber Radios and Transfer of Title COUNTY will finance the initial purchase of XX radios by SUBSCRIBER at $xxx per radio (Note: maximum would be $1995 per radio), or a total of $xxx for the XX radios initially purchased by SUBSCRIBER. SUBSCRIBER will be responsible for any additional cost for the purchase of the number of radios identified in Section 3.1 above. • 3.3 Radio Maintenance and Repair Services 31