115303-O4(01-26).pdf

STATE OF NEBRASKA CONTRACT AWARD

PAGE PRINT DATE

1 of 1 1/26/2026

BUSINESS UNIT BUYER

47110350 KORTAN, MICHELLE M CONTRACT NUMBER

VENDOR NUMBER: 2683393 115303 O4

VENDOR ADDRESS:

ON THE SIDE PRODUCTIONS LLC

DBA FLATIRONS HOSTING

4810 W 127TH PL

BROOMFIELD CO 80020-5731

AN AWARD HAS BEEN MADE TO THE VENDOR NAMED ABOVE FOR THE PERSONAL PROPERTY AND/OR SERVICES AS LISTED

BELOW FOR THE PERIOD:

MARCH 01, 2026 THROUGH JUNE 30, 2029

THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE PERSONAL PROPERTY AND/OR SERVICES SHOWN BELOW, AND DOES NOT PRECLUDE THE PURCHASE OF SIMILAR SERVICES FROM OTHER SOURCES.

THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN

MUTUALLY AGREEABLE TO THE VENDOR/CONTRACTOR AND THE STATE OF NEBRASKA.

AGENCY SIGNATURE

R43500|NISK0001|NISK0001 20210628

TERM: 36 MONTHS TO BEGIN MARCH 1, 2026 AND END MARCH 1, 2029

MONTHLY COST $900/MONTHLY WITH AN ANNUAL 5% COST INCREASE

YEAR 1 - $900.00/MONTH YEARLY TOTAL = $10,800.00

YEAR 2 - $945.00/MONTH YEARLY TOTAL = $11,340.00

YEAR 3 - $992.25/MONTH YEARLY TOTAL = $11,907.00

FOR INTERNAL USE ONLY

CP Coding: 21035.01.05.01 / 6225-03-05

Line Description Quantity Unit of Measure

Unit Price

Extended Price

1 UPLINK FOR COLOCATION - YEAR 1 12.0000 MO 900.0000 10,800.00

MARCH 1, 2026 - FEB 28, 2027

2 UPLINK FOR COLOCATION - YEAR 2 12.0000 MO 945.0000 11,340.00

MARCH 1, 2027 - FEB 28, 2028

3 UPLINK FOR COLOCATION - YEAR 3 12.0000 MO 992.2500 11,907.00

MARCH 1, 2028 - FEB 28, 2029

Total Order 34,047.00

AUTHORIZED SIGNATURE DATE

Payment Due Dates.

Co-location, Server Rental, Bandwidth, and other services Pre-payment: Customer agrees to pay Company in advance of service by the 1st day of each billing cycle in the currency specified by this agreement in full without any deductions whatsoever.

Additional Bandwidth, Traffic and Miscellaneous Charges: Customer agrees to pay within 14 days of the date that the invoice is sent by electronic mail to Customer.

Network Service Level Exclusions:

Many possible situations are completely beyond the control of Company or require maintenance of the network, and therefore are not in the scope of the Service level uptime. These situations include:

Scheduled Network Maintenance : Occasionally network maintenance will be required. Company will do everything possible to minimize and avoid downtime during this maintenance. Customer will receive prior notification of upcoming

Force majeur: Company shall not be deemed in default of any of its obligations under this Agreement if, and to the extent that, performance of such obligation is prevented or delayed by acts of God or public enemy, civil war, insurrection or riot, fire, flood, explosion, earthquake, labor dispute causing cessation slowdown or interruption of work, Power outage, national emergency, act or omission of any governing authority or agency thereof, inability after reasonable endeavors to procure equipment, data or materials from suppliers, or any other circumstances beyond its negligence of Company, and that Company has notified Customer in writing of the Event of Force Majeure. The Party notifying an Event of Force Majeure shall use all reasonable endeavors to avoid or minimize the effects of an Event of Force Majeure. Provided that if an Event of Force Majeure continues for a continuous period of more than one month the other Party shall be entitled to terminate this Agreement.

Malicious Attacks : If a third party not associated with Company or Customer initiates a "Denial of Service" or other form of disabling attack against Customer's network segment, Company will do everything in Company's power to stop the attack, but cannot guarantee a resolution time.

Material Failure: A material failure by Company will furthermore not include a failure by the local exchange carrier, circumstances outside the sole control of Company.

SECTION B: EXECUTION

In accepting this offer, Customer is not relying on any representations or promises, whether written or oral, other than those contained in this Agreement. Customer understands the information contained in this Agreement is confidential and agrees not to disclose the information to any third party. To become effective, this Agreement must be signed by an Authorized Representative of Customer.

SECTION C: TERMS AND CONDITIONS

Payment Terms.

informed of any change in the address to which invoices are sent prior to the change being effective.

by the stipulated date are considered overdue and Company may

a) apply a late payment charge equal to 1.5% of the overdue amount,

b) and, apply interest on the overdue amount at a rate 2% per month calculated for each day of the outstanding balance, accrued daily

c) and, require a security deposit, or other form of security, for future services under this agreement,

d) and, suspend all or part of the service provided to Customer by this agreement. In the case that a service is suspended, Customer must pay Company a reinstatement charge of $80 prior to the reinstatement of the service.

Customer agrees to review each Invoice promptly and to report any dispute of Amount Due within 7 days of receipt of the Invoice. If Customer does not report a dispute within this time period, Customer shall have waived its right to dispute that Invoice.

Governing Law.

This Agreement shall be governed by the Laws of Colorado without regard to its principles of choice of law.

Notices.

All notices and other communications hereunder shall be in writing and shall be deemed to have been given as of the date of confirmed delivery, email delivery, or confirmed facsimile transmission. To be effective, Notices must be delivered by Email to billing@ontheside.net.

Waiver of Breach not Deemed Continuing.

The waiver by either party of a breach or violation of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach hereof.

Bankruptcy.

In the event of a bankruptcy or insolvency of either party, or if either party makes an assignment for the benefit of creditors, or takes advantage of any act or law for relief from debtors, the other party shall have the right to terminate this Agreement without further obligation or liability.

Business Relationship.

This Agreement shall not create any agency, employment, joint venture, partnership, or fiduciary relationship between the parties. Neither party shall have the authority to, nor shall either party attempt to create any obligation on behalf of the other party.

Indemnity.

Each party shall indemnify, defend, release, and hold harmless the other party from and against any action, claim, intentional or negligent act or omission on the part of the indemnifying party in connection with the performance of this Agreement or other activities relating to the Service, the property, or the facilities which are the subject of this Agreement. In the event a Claim relates to negligence of both parties, the relative burden of the Claim shall be attributed equitably between the parties in accordance with the principles of comparative negligence.

angible property, including but not limited to data, proprietary information, intellectual property, trade secrets, trademarks, or service marks, licensing agreements, copyrights patents and knowledge.

claims of libel, slander, or invasion of privacy arising directly or indirectly out of the provision of Service pursuant to this Agreement.

In the event any action is brought against the indemnified party, such party shall immediately notify the indemnifying party in writing, and the indemnifying party, upon request, shall assume the cost of the defense on behalf of the indemnified party. The indemnifying party shall pay all expenses incurred by and satisfy all judgments rendered against the indemnified party provided that the indemnifying party shall not be liable for any settlement effected without its written consent.

Legal Construction.

In the event of a conflict between the provisions of these Terms and Conditions, a Supplement, or Exhibit, the conflict shall be resolved by reference to the documents in the following order of priority: (a) Exhibit; (b) Supplement; (c) Terms and Conditions. Notwithstanding the foregoing Exhibit requiring execution shall be binding unless and until it has been duly executed.

Limitation of Liability.

Companies liability arising out of: (a) the provision of Service; (b) delays in the restoration of Services; (c) mistakes, accidents, omissions, interruptions, errors or defects in transmission, shall be subject to the limitations as set forth below. OTHER THAN THE INDEMNITY OBLIGATIONS HEREIN, IN NO EVENT SHALL COMPANY BE LIABLE TO

MATTER OF THIS AGREEMENT UNDER ANY CONTRACT WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR ANY TYPE OF INDIRECT, CONSEQUENTIAL, INCIDENTAL, RELIANCE, SPECIAL, OR PUNITIVE DAMAGES AND WHETHER OR NOT SUCH DAMAGES WERE FORSEEABLE. IN NO EVENT SHALL

COMPANY BE LIABLE TO CUSTOMER FOR ANY AMOUNT IN EXCESS OF THE AGGREGATE AMOUNT

COMPANY HAS PRIOR TO SUCH TIME COLLECTED FROM CUSTOMER WITH RESPECT TO SERVICES

DELIVERED HEREUNDER.

System Maintenance.

In the event that Company determines that it is necessary to interrupt Services or that there is a potential for Services to be interrupted, Company will use good faith efforts to notify Customer prior to the performance of system maintenance and will schedule any regular maintenance during non-peak hours. In no event shall interruption for system maintenance constitute a failure of performance by Company.

Force Majeure.

Except for the obligations to make payments for amounts, neither party shall be liable to the other nor deemed in default under this contract if and to the extent that such parties performance of this Agreement is delayed or prevented by reason of Force Majeure. The term Force Majeure means an occurrence that is beyond the reasonable control of the party affected and occurs without its fault or negligence. If the supplier is unable to restore or provide Services for ninety consecutive days due to a Force Majeure event, Customer may cancel the affected Services.

Survival.

The covenants and agreements contained in this Agreement with respect to Payment Terms, Confidential Information, Limitation of Liability, and Indemnity shall survive termination of this Agreement, regardless of the reason for termination. The rights and obligations under this Agreement shall survive any merger or sale of either party and shall be binding upon the successors and permitted assigns of each party.

and such failure remains uncorrected for seven calendar days after Invoice date; or (b) either party fails to perform or observe any material term or obligation (other than making payment) contained in this Agreement, and such failure remains uncorrected for thirty calendar days after written notice from the non-defaulting party. If Customer uses the Services for any unlawful purpose or in any unlawful manner, Company shall have the right to immediately suspend or terminate all Services hereunder without notice to the Customer.

Amendments/Riders. This Agreement may only be modified or supplemented by an instrument in writing executed by each party.

SECTION D: CO-LOCATION AND BANDWIDTH SERVICES

Bandwidth Rights.

Subject to the terms of this Agreement, commencing on the date that Services provisioning is completed by Company and Customer and notifi to provide Customer Swiftway Standard the provisions below.

Ownership of Bandwidth Equipment. As between the parties, Company retains all right, title, and interest in the Equipment utilized to provide the Bandwidth to Customer. The provision of Bandwidth pursuant to this Agreement does not constitute a sale of Bandwidth Equipment to Customer.

Limited Warranty.

Company warrants that it will use commercially reasonable efforts to provide the amount of Bandwidth requested by Customer.

Customer Requirements.

Performance of Equipment. Customer shall ensure that all equipment it brings onto premises will perform according to published technical specifications.

Lawful Use. Customer acknowledges that Company is not responsible for the manner in which the Bandwidth is used by Customer or any other person or entity Customer permits to access such Bandwidth.

AUTHORIZED SIGNATURE INSTALLATION DATE DATE

PRINTED NAME HERE PHONE NUMBER

Anti-Spamming Policy.

COMPANY WILL NOT TOLERATE THE PRACTICE OF TRANSMITTING UNSOLICITED ELECTRONIC MAIL

ELECTRONIC MAIL THAT INCLUDES COMPANIES LOGOS, TRADEMARKS, SERVICE MARKS, CIC CODES, HOSTED IP ADDRESSES, OR ANY VARIATION THEREOF. KNOWINGLY ALLOWING SPAMMERS AND/OR NOT

ACTING ON SPAM COMPLAINTS WILL LEAD TO IMMEDIATE TERMINATION.