MMA7413-1_SFY24-25_Renewal.pdf

Kyndryl, Inc. MMA7413-1-DR, Amendment 9 and Renewal Page 1 of 3

Version 3/21

SOFTWARE MASTER MAINTENANCE AGREEMENT (MMA1413-1-DR)

AMENDMENT 9 AND RENEWAL

This Amendment 9 and Renewal of contract #MMA7413-1-DR (the “Amendment”) is between the State of Ohio, Department of Administrative Services (the “State”) and Kyndryl Inc. (the “Contractor”). This Amendment changes the terms of the Software Master Maintenance Agreement (MMA7413-1-DR) (the “Contract”).

WHEREAS, the State and Contractor entered into the Contract on June 29, 2010; and

WHEREAS, the State and Contractor determined that an amendment is necessary to address certain revisions to the Contract; and

NOW, THEREFORE, the Contract is amended as follows:

1. Pursuant to Section 1, Term, of the Contract, the Contract is renewed for an additional term through September 30, 2025.

2. Delete the Governing the Expenditure of Public Funds on Offshore Services provision added in the fiscal year 20-21 renewal of the Contract in its entirety.

3. Delete Section 15.7 Executive Order 2010-09S in its entirety and replace it with the following:

15.7 Prohibition of the Expenditure of Public Funds for Offshore Services

No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State Agency, Board, Commission, State Educational Institution, or pension fund will make any purchase from, or investment in, any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to the Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

4. Delete the following attachments from the Contract in their entirety: Executive Order, Banning the Expenditure of Public Funds for Offshore Services; Standard Terms and Conditions, Executive Order 2010-09S; and Standard Affirmation and Disclosure form, Executive Order 2010-09S.

This Amendment shall become effective as of the date of the State’s signature and shall remain in full force and effect for the term of the Agreement. Except as modified by this Amendment, all other terms, conditions and pricing of the Agreement shall remain the same and in full force and effect.

Kyndryl, Inc. MMA7413-1-DR, Amendment 9 and Renewal Page 2 of 3

IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates appearing below.

KYNDRYL, INC. STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

By: By:

Name: David Cheng Name: Kathleen C. Madden

Title: Account Manager Title: Director

Date: Date:

Kyndryl, Inc. MMA7413-1-DR, Amendment 9 and Renewal Page 3 of 3

SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

9 06/15/2023

Replace Prohibition of the Expenditure of Public Funds for Offshore Services language in General Terms and Conditions.

Replace Attachment Eight: Standard Affirmation and Disclosure Form (Executive Order 2011-12K) section with updated form from Executive Order 2022-02D.

Renewal through September 30, 2025.

8 09/23/2022 Add historical contract documents from PIMS to OhioBuys.

7 10/09/2020 Add General Data Protection Regulation (GDPR) language.

6 6/28/2019 Renewal through June 30, 2021.

5 06/20/2017 Renewal through June 30, 2019.

4 06/15/2015 Renewal through June 30, 2017.

3 05/14/2013 Renewal through September 30, 2015.

2 04/24/2012 Address change.

1 04/29/2011 Renewal through June 30, 2013.