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HomeMy WebLinkAbout26-110 Resolution No. 26-110 RESOLUTION APPROVING THE CONTINUED PARTICIPATION OF THE CITY OF ELGIN IN A CONTRACT RENEWAL BETWEEN THE STATE OF ILLINOIS DEPARTMENT OF CENTRAL MANAGEMENT SERVICES AND WEX BANK FOR THE PROCUREMENT OF FUEL FOR MUNICIPAL VEHICLE FLEET AND EQUIPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the continued participation of the City of Elgin in a contract renewal between the State of Illinois Department of Central Management Services and WEX Bank providing for the procurement of fuel for the City of Elgin's municipal vehicle fleet and equipment, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 8,2026 Adopted: July 8,2026 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Central Management Services Sourcewell Participating Contract JPMC 030625-WEX Fleet Payment Solutions 26-416CMS-BOSS4-P-95131 The Parties to this Participating Contract ("Participating Contract" or"Contract") are the State of Illinois acting through the undersigned Agency (collectively the State) and WEX Bank (the "Vendor"). This Contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this Contract, constitute the entire contract between the Parties concerning the subject matter of the Contract, and in signing the Contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor's execution of the Contract. This Contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the Contract. This Contract can be signed in multiple counterparts upon agreement of the Parties. Cooperative contract means the agreement between the lead entity and the vendor as facilitated by the cooperative. 1. SCOPE OF WORK This Participating Contract incorporates the Cooperative Contract Master Agreement 030625-WEX for use by Central Management Services (CMS). This JPMC may be utilized by all governmental units and qualified not-for-profit agencies as defined in Section 6 of this Contract. The State of Illinois is procuring: A. Fleet Card Vendor payment solutions for fuel, oil, and fluids for vehicles, aircraft, and watercraft, including gasoline, diesel fuel, alternative fuels, aviation fuel, lubricants, and fluids. B. Fleet Card Vendor payment solutions for electric vehicle charging, station fees; and, C. Fleet Card Vendor payment solutions for vehicle, aircraft, and watercraft-related maintenance, repairs, supplies and services, including oil changes, tire repair, replacement, alignment and balancing, replacement parts, emergency repairs, roadside assistance and towing services, wash or detail services, inspections and certification services, marina services, and related parts or supplies. D. In addition to the card and mobile application services the State is procuring a complementary offering of services, including, but not limited to card issuance and replacement, account customization, transaction processing and payment settlement, transaction statement and reporting, fleet data analytics, integrated 1 State of Illinois Participating Contract v.26.1 2 telematics, private-site fuel location payment or data services, digital and mobile applications, training, and technical and customer support. 1.1. Participation: This Participating Contract may be used by all state agencies, institutions of higher institutions, political subdivisions and other entities authorized to use statewide contracts in the State of Illinois. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official. 1.2. Primary Contacts: The primary contact individuals for this Participating Addendum are as follows (or their named successors): 1.2.1. Vendor WEX Bank A. Name: Janet Parker B. Title: Strategic Relationship Manager C. Address: 1 Hancock Street, Portland, ME 04101 D. Telephone:207-749-6176 E. Email: Janet.Parker@wexinc.com 1.2.2. Participating Entity (Central Management Services) A. Name: Krysti Rinaldi B. Title: Assistant Director C. Address: 300 West Jefferson Street, 3"' Floor, Springfield, IL 62702 D. Telephone: 217.558.3765 E. Email: Krysti.Rinaldi@illinois.gov 2. Participating State Modifications or Additions to Sourcewell Master Agreement 030625-WEX: The following changes are modifying or supplementing the Cooperative contract terms and conditions. These modifications and additions apply only to actions and relationships with Central Management Services and other State Agencies. Any conflict between the terms of the Cooperative Contract and the terms of this Participating Contract shall be governed by the terms of this Participating Contract. Those terms that are not otherwise in conflict shall continue in full force and effect. 2.1. SUPPLIES AND/OR SERVICES REQUIRED: 2.1.1. Telematics Services. A. For State Agencies Telematics usage must be approved by Central Management Services Division of Vehicles (CMS DOV). B. Vendor will work with Fleet Operations (Fleet Ops) and Geotab to customize CMS DOV reports (i.e. a utilization report that did not use GPS location data). i. Vendor provides individualized scheduling planning meetings with agencies and continues to coordinate with CMS DOV and agencies on installations. ii. Vendor will coordinate with Geotab to troubleshoot when a device or modem is not working or is causing electrical problems in vehicles. iii. Vendor will set up the State of Illinois Geotab Dashboard interface and coordinates with Geotab to"program"and customize our dash State of Illinois Participating Contract v.26.1 3 to meet our reporting needs (i.e. turned off GPS tracking and activated a location tracking purging mechanism to satisfy the demands of our State of Illinois (SOI) bargaining units). iv. Vendor will help CMS DOV staff set up maintenance email notifications (to mirror the preventative maintenance schedule we set up in our Fleet Management Software System (FMSS) Enterprise Asset Management (EAM) system) to go out to agencies from their individual dashboards and continue to train Vehicle Coordinators (VCs). 2.1.2. Wex Fleet Plus Card A. State Agencies will not be granted access to use the Wex Fleet Plus Card. 2.1.3. WEX EV At-Home and WEX EV Depot A. State Agencies will not be granted access to use the WEX EV At-Home and/or WEX EV Depot. 2.1.4. Driver Dash A. State Agencies will not be granted access to use Driver Dash. 2.2. MILESTONES AND DELIVERABLES: 2.2.1. Disaster Preparedness A. The fueling of The State's vehicle fleet is critical. In the event of a unforeseen disaster that effects either the State or Wex, Wex must work with the State in order to ensure the State has continued access to their Fuel Cards and services of this Contract. B. WEX must work with the State to set up online emergency card profiles so the State can easily remove or change the card control limits to support the emergency needs. WEX must send regular updates outlining which networks and fuel stations are open and active in disaster areas. 2.2.2. The Vendor must provide Representational State Transfer Application Programming Interface (REST API) for Cards, Accounts, and Transactions. A. WEX offers a comprehensive suite of Application Programming Interface API)-driven solutions that empower businesses to optimize fleet management, reduce costs, and enhance security. WEX APIs provide real-time transaction monitoring, fraud alerts, and granular card controls, enabling proactive fraud prevention and minimizing financial losses. WEX offer API-driven real-time alerts and notifications to their customers to immediately notify them of possible fraudulent events. We are also exploring mobile app payment integration to enhance security and convenience for drivers. WEX APIs are designed to meet the diverse needs of our customers, from SMBs to large fleets, and can be customized to address specific use cases and risk tolerances. By State of Illinois Participating Contract v.26.1 4 partnering with WEX, customers gain access to innovative solutions that enhance efficiency, strengthen security, and drive business growth. B. Fleet Administration Services currently available via API include Account Card, Driver, Site, and Vehicle management integrations. C. Digital Instant Issuance functionality provides a replacement card (due to loss, theft, or damage) within one hour. D. Fraud Mitigation functionality allows WEX customers to receive real- time email alerts and advanced decision making (e.g., flag a transaction as "valid" or"fraudulent"). 2.3. VENDOR/STAFF SPECIFICATIONS: 2.3.1. Any changes in Contact Persons shall be in writing to the State within two business days. A. Vendor will provide a Government Relationship Manager/Public Sector Relationship Manager: A. Name: Janet Parker B. Phone: 207-749-6176 C. Email: janet.parker@wexinc.com B. Vendor will provide Account Manager/Public Sector Account Executive, and day-to-day primary contact for CMS is: A. Name: Ashley Connelly B. Phone: 207-303-8550 C. Email: Ashley.connelly@wexinc.com D. Day to day contact for agency vehicle coordinators will be to utilize the four team members dedicated to government accounts (POD): the government POD consists of 4 trained reps to answer questions and assist with any issues/reporting etc. Phone: Office 866-627-8039 Email: SAS@wexinc.com C. CMS DOV Contact A. Division of Vehicles (DOV) Contact Name: Kevin Campbell B. DOV Contact Title: Innovations and Systems Manager C. DOV Contact Phone: (773) 882-6858 D. DOV Contact Email: Kevin.M.Campbell@Illinois.gov D. Vendor will provide training on a frequency determined by the State. Vendor's Merchant Operations will work with the State, individual agencies and merchants to correct any product code errors. E. Coordination with Fleet Management Software System A. WEX must work with the State's Fleet Management Software System vendor to provide a WEX Link flat file for the State of IL to upload to the FMSS vendor's site. 2.3.2. Transition, if, at any time, this Participating Addendum is canceled, terminated, or otherwise expires, and a Contract is subsequently executed with a firm other than the Vendor, the Vendor has the affirmative obligation to assist in the smooth transition of Contract services to the subsequent contractor, including State of Illinois Participating Contract v.26.1 5 providing documents and information not otherwise protected from disclosure by law and other reasonable requests made by the State's contract administrator. Transition assistance will be provided at no separate or additional cost to the State, whether by lump sum cost encumbrance, hourly charges, or any other form of separate or additional cost. 2.3.3. Vendor will provide the State with the opportunity to refer fuel stations to a WEX certified credit card processor for inclusion into the network. Inclusion into the network will be subject to the Vendor's standard practices. A. WEX will provide instructions to CMS to give to CMS Division of Vehicles, approved garages and approved preventive maintenance providers/vendors for the State. B. The garage/service provider will need to work with their credit card processor to complete a merchant application provided by the processor. The processor will then work with WEX to complete acceptance. C. Reference Section 2.2.2.(A). D. The transaction data must be provided in a flat file and includes extensive detail for both fueling and service transactions, enabling fleets to analyze vehicles, drivers, and purchase information, and reconcile monthly invoices. E. Prior to invoicing the State of Illinois, Vendor must be able to deduct the Federal Excise Tax, State and Local taxes for fuel that the State is exempt from paying. Vendor must maintain vendor status, as applicable, for diesel fuel tax exemption the State of Illinois is entitled to receive. 2.4. SUBCONTRACTING: 2.4.1. Will subcontractors be utilized for the services provided under this Agreement for the State of Illinois? ( I Yes ® No 2.4.2. Vendor must receive prior written approval before use of any subcontractors in the performance of this Contract. Vendor shall describe, in an attachment if not already provided, the names and addresses of all authorized subcontractors to be utilized by Vendor in the performance of this Contract, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each subcontractor is expected to receive pursuant to this Contract. If required, Vendor shall provide a copy of any subcontracts within fifteen (15) days after execution of this Contract.30 ILCS 500/20-120. 2.4.3. A subcontractor is a person or entity that enters into a contractual agreement with a total value of $100,000 or more with a person or entity who has a contract subject to the Illinois Procurement Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract. 2.4.4. All contracts with subcontractors where the annual value of the subcontract is greater than $50,000 must include Illinois Standard Certifications completed by the subcontractor. State of Illinois Participating Contract v.26.1 6 2.4.5. Please identify below subcontracts with an annual value of $100,000 or more that will be utilized in the performance of the contract, the names and addresses of the subcontractors, and a description of the work to be performed by each. A. Subcontractor Name: B. Amount to Be Paid: C. Address: D. Description of Work: If additional space is necessary to provide subcontractor information, please attach an additional page. 2.4.6. If the annual value of any subcontracts is more than $100,000, then the Vendor must provide to the State the Financial Disclosures and Conflicts of Interest for that subcontractor. 2.4.7. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, Vendor is required to promptly notify, in writing, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses and the expected amount of money that each new or replaced subcontractor will receive pursuant to this Contract. Any subcontracts entered prior to award of this Contract are done at the sole risk of the Vendor and subcontractor(s). 2.5. WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise disclosed in this section all fuel card services shall be performed in the United States. If the Vendor performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the State as a breach of the Contract by Vendor. 2.5.1. Vendor shall disclose the locations where the fuel card services required shall be performed and the known or anticipated value of the services to be performed at each location. If the Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if the Offeror shifts any such work outside the United States. A. Location where fuel card services will be performed: USA B. Value of services performed at this location: 100% State of Illinois Participating Contract v.26.1 7 3. PRICING 3.1. TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate whether the Contract price is firm or estimated at the time it is submitted for obligation. The total price of this Contract is estimated. 3.2. VENDOR'S PRICING: Vendor's pricing is in the Items Tab in the BidBuy Purchase Order. 3.2.1. Per the Sourcewell Master Agreement 030625 WEX Article 1: General Terms, subpoint 10, Pricing: Pricing information (including Pricing and Delivery and Pricing Offered tables) for all Included Solutions within Supplier's Proposal is incorporated into this Master Agreement. 3.2.2 Per the Sourcewell Master Agreement 030625 WEX Article 1: General Terms, subpoint 11, Not to Exceed Pricing: Suppliers may not exceed the prices listed in the current Pricing List on file with Sourcewell when offering Included Solutions to Participating Entities. Participating Entities may request adjustments to pricing directly from Supplier during the negotiation and execution of any transaction. 3.2.3. Rebates Monthly Spend Basis Points (Rebate Percentage) to member No minimum spend requirement 185 basis points (1.85%) A. The Rebate set forth herein is expressly conditioned on the following: i. Monthly billing. ii. Electronic reporting. iii. Payment in full within 26 calendar days of the billing date appearing on your invoice. iv. Credit approval. v. Signing a three-year contract. B. Rebates are not available for purchases made with the electric vehicle radio frequency identification card (RFID) 3.2.4. Vendor's Merchant price adjustment: The following is a list of WEX accepting merchants for State and participating entities that provide additional discounts. A. Vendor will be adding the State of Illinois accounts to their growing discount network, called the Edge Network. B. Please note that Vendor will have a specific enrollment form for State Contracts for the Edge Network. C. Merchant price adjustments are based on a) use of the Vendor card at the location and b) the Merchant participation in the Vendor's fuel program. State of Illinois Participating Contract v.26.1 8 D. Please note that the Merchant may suspend, modify or discontinue participation in the Vendor's fuel program at any time. Merchants may be added to the Vendor fuel program during the life of this contract and, as such, the price adjustments will be included. E. There is no guarantee that these price adjustments will remain the same throughout the life of the contract and are subject to annual review by the Merchant of State's and Participating Entity's purchasing volume at the Merchant's locations. These price adjustments will be paid monthly in arrears directly to the qualifying entity. F. Merchant Price Adjustments: Merchant Cents/Gallon Fuel Type Huck's Convenience Stores $0.04 Gasoline and Diesel Gas City/Steel City $0.03 . Gasoline and Diesel Road Ranger $0.02/$.04 Gasoline and Diesel Kelley Williamson $0.03 Gasoline and Diesel Knapp Oil $0.02 Gasoline and Diesel Hy-Vee Inc $0.03 Gasoline and Diesel Safeway $0.01 Gasoline and Diesel Casey's General Stores $0.10 Gasoline and Diesel 3.2.5. Telematics Pricing—negotiated pricing in accordance with Section 3.2.2. of this participating contract. A. The existing CMS 12,500 vehicle units pricing is set at $19.75, and is a bundled fee: hardware, installation and monthly service. i. BidBuy Line item #28 pricing expires June 27, 2029. ii. Self-installation is deferred to Fiscal Year 2028, to allow for completion of existing fleet installations by Wex/Geotab. B. New telematics sales starting 6/1/26 will fall under the new WEX Bank Sourcewell Master Agreement 030625-WEX contract current pricing. i. The GR9 bundle (self-installation, including unit and harness) is $20 each. ii. The ProPlus Bundle (self-installation, including unit and harness) is $20.95/month. 3.2.6. Analytics Pricing—Included in BidBuy Line Items. A. Will be incorporated into WEX Online, the main platform that every account uses. There is no charge for WEX Online. B. Transaction log must include vehicle Asset number, date, time and location that fuel was dispensed, odometer reading, fuel description, fuel quantity, and price per gallon. C. Once Clearview is integrated with WEX Online there may be a charge for some enhanced reporting features. State of Illinois Participating Contract v.26.1 9 3.3. ECONOMIC ADJUSTMENTS: 3.3.1. Vendor must notify The State of all fully executed Sourcewell Price and Product Change Request Forms. A. The State reserves the right to accept or reject all fully executed Sourcewell Price and Product Change Request Forms. 3.3.2. Any Material change to this Agreement must be executed in writing through an amendment and will not be effective until it has been duly executed by The State and the Vendor. 3.4. MAXIMUM AMOUNT: This is an indefinite quantity master contract. 4. TERM AND TERMINATION 4.1. TERM: 4.1.1. TERM OF THIS CONTRACT: The Contract will have a term commencing upon 6/1/26 or the last dated signature of the parties whichever is later and ending on June 27, 2029. A. In no event will the maximum total term of the Contract, including the initial term, any renewal terms, and any extensions, exceed the length of the Sourcewell Master Agreement. B. Vendor shall not commence billable work in furtherance of the Contract prior to final execution of the Contract except when permitted pursuant to 30 ILCS 500/20-80. 4.2. TERMINATION FOR CAUSE: The State may terminate this Contract, in whole or in part, immediately upon notice to the Vendor if: (a) the State determines that the actions or inactions of the Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) the Vendor has notified the State that it is unable or unwilling to perform the Contract. 4.2.1. If Vendor fails to perform to the State's satisfaction any material requirement of this Contract, is in violation of a material provision of this contract, or the State determines that the Vendor lacks the financial resources to perform the Contract, the State shall provide written notice to the Vendor to cure the problem identified within the period of time specified in the State's written notice. If not cured by that date the State may either: (a) immediately terminate the Contract without additional written notice or (b) enforce the terms and conditions of the Contract. 4.2.2. For termination due to any of the causes contained in this Section, the State retains its rights to seek any available legal or equitable remedies and damages. State of Illinois Participating Contract v.26.1 10 4.3. TERMINATION FOR CONVENIENCE: The State may, for its convenience and with thirty (30) days prior written notice to Vendor, terminate this Contract in whole or in part and without payment of any penalty or incurring any further obligation to the Vendor. 4.3.1. Upon submission of invoices and proof of claim, the Vendor shall be entitled to compensation for supplies and services provided in compliance with this Contract up to and including the date of termination. 4.4. AVAILABILITY OF APPROPRIATION: This Contract is contingent upon and subject to the availability of funds. The State, at its sole option, may terminate or suspend this Contract, in whole or in part, without penalty or further payment being required, if (1) the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20-60), (2) the Governor decreases the Agency's funding by reserving some or all of the Agency's appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly, or (3) the Agency determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. Contractor will be notified in writing of the failure of appropriation or of a reduction or decrease. Notwithstanding the foregoing, the State will pay for incurred charges made by the State on Vendor provided fuel cards. 5. STANDARD BUSINESS TERMS AND CONDITIONS 5.1 PAYMENT TERMS AND CONDITIONS: 5.1.1 Proper bills and invoices will be paid by the State within 60 days of receipt in accordance with the State Prompt Payment Act and Illinois Administrative Code. 30 ILCS 540; 74 III. Adm. Code 900. 5.1.2 LATE PAYMENT: Payments, including late payment charges, will be paid in accordance with the State Prompt Payment Act and rules when applicable. 30 ILCS 540; 74 III. Adm. Code 900. This shall be Vendor's sole remedy for late payments by the State. Payment terms contained in Vendor's invoices shall have no force or effect. 5.1.3 MINORITY CONTRACTOR INITIATIVE: RESERVED. 5.1.4 EXPENSES: The State will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this Contract by the Parties even if the effective date of the Contract is prior to execution. 5.1.5 PREVAILING WAGE: If Vendor provides services within the State of Illinois, as a condition of receiving payment Vendor must (i) be in compliance with the Contract, (ii) pay its employees prevailing wages when required by law, (iii) pay its suppliers and subcontractors according to the terms of their State of Illinois Participating Contract v.26.1 11 respective contracts, and (iv) provide lien waivers to the State upon request. Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services. The prevailing wages are revised by the Illinois Department of Labor (DOL) and are available on DOL's official website, which shall be deemed proper notification of any rate changes under this subsection. Vendor is responsible for contacting DOL at 217-782-6206 or (https.//labor.illinois.gov) to ensure understanding of prevailing wage requirements. 5.1.6 FEDERAL FUNDING: This Contract may be partially or totally funded with Federal funds. If Federal funds are expected to be used, then the percentage of the good/service paid using Federal funds and the total Federal funds expected to be used will be provided to the awarded Vendor in the notice of intent to award. 5.1.7 INVOICING: By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of this Contract, and the amount billed and expenses incurred are as allowed in this Contract. Invoices for supplies purchased, services performed, and expenses incurred through June 30 of any year must be submitted to the State no later than July 31 of that year; otherwise Vendor may have to seek payment through the Illinois Court of Claims. 30 ILCS 105/25. All invoices are subject to statutory offset. 30 ILCS 210. A. Vendor shall not bill for any fuel taxes unless accompanied by proof that the State is subject to the tax. If necessary, Vendor may request the applicable agency's Illinois tax exemption number and Federal tax exemption information. B. Vendor shall invoice at this completion of the Contract unless invoicing is tied in this contract to credit billing cycles, milestones, deliverables, or other invoicing requirements agreed to in the Contract. Send invoices to: Agency: Applicable Agency will provide invoicing information. Attn: Address: City, State Zip C. For procurements conducted in BidBuy, the Agency may include in this contract the BidBuy Purchase Order as it contains the Bill To address. State of Illinois Participating Contract v.26.1 12 5.2. ASSIGNMENT: This Contract may not be assigned or transferred in whole or in part by Vendor without the prior written consent of the State. 5.3. SUBCONTRACTING: RESERVED. 5.4. AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records relating to the performance of this Contract and any subcontract necessary to support amounts charged to the State pursuant this Contract or subcontract. Books and records, including information stored in databases or other computer systems, shall be maintained by the Vendor for a period of three (3) years from the later of the date of final payment under the Contract or completion of the Contract, and by the subcontractor for a period of three (3) years from the later of final payment under the term or completion of the subcontract. If Federal funds are used to pay Contract costs, the Vendor and its subcontractors must retain their respective records for five (5) years. Books and records required to be maintained under this section shall be available for review or audit by representatives of the procuring Agency, the Auditor General, the Executive Inspector General, the Chief Procurement Officer, State of Illinois internal auditors or other governmental entities with monitoring authority, upon reasonable notice and during normal business hours. Vendor and its subcontractors shall cooperate fully with any such audit and with any investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under this Contract or any subcontract for which adequate books and records are not available to support the purported disbursement. The Vendor or subcontractors shall not impose a charge for audit or examination of the Vendor's or subcontractor's books and records. 30 ILCS 500/20-65. 5.5. TIME IS OF THE ESSENCE: RESERVED. 5.6. NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Parry's right to exercise or enforce that or other rights in the future. 5.7. FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence, including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition. The non-declaring Party may cancel this Contract without penalty if performance does not resume within thirty (30) days of the declaration. 5.8. CONFIDENTIAL INFORMATION: Each Party to this Contract, including its agents and subcontractors, may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this Contract. The Parties shall presume all information received from the other Party, or to which it gains access pursuant to this Contract, is confidential. No confidential data collected, maintained, or used in the course of performance of this Contract shall be disseminated except as authorized by law and State of Illinois Participating Contract v.26.1 13 with the written consent of the disclosing Party, either during the period of this Contract or thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of this Contract, in whatever form it is maintained, promptly at the end of this Contract, or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its destruction. The foregoing obligations shall not apply to confidential data or information lawfully in the receiving Party's possession prior to its acquisition from the disclosing Party; received in good faith from a third Party not subject to any confidentiality obligation to the disclosing Party; now is or later becomes publicly known through no breach of confidentiality obligation by the receiving Party; or that is independently developed by the receiving Party without the use or benefit of the disclosing Party's confidential information. 5.9. USE AND OWNERSHIP: Reserved. 5.10. INDEMNIFICATION AND LIABILITY: The Vendor shall indemnify and hold harmless the State of Illinois, its agencies, officers, employees, agents and volunteers from any and all costs, demands, expenses, losses, claims, damages, liabilities, settlements and judgments from third-parties, including in-house and contracted reasonable attorneys' fees and expenses, arising out of: (a) any breach or violation by Vendor of any of its certifications, representations, warranties, covenants or agreements; (b) any actual or alleged death or injury to any person, damage to any real or personal property, or any other damage or loss claimed to result in whole or in part from Vendor's negligent performance; (c) any act, activity or omission of Vendor or any of its employees, representatives, subcontractors or agents; or (d) any actual or alleged claim that the services or goods provided under this Contract infringe, misappropriate, or otherwise violate any intellectual property (patent, copyright, trade secret, or trademark) rights of a third party. In accordance with Article VIII, Section 1(a),(b) of the Constitution of the State of Illinois and 1973 Illinois Attorney General Opinion 78, the State may not indemnify private parties absent express statutory authority permitting the indemnification. Neither Party shall be liable for incidental, special, consequential, or punitive damages. 5.11. INSURANCE: Vendor shall, at all times during the term of this Contract and any renewals or extensions, maintain and provide a Certificate of Insurance naming the State as an additionally insured for all required bonds and insurance. Certificates may not be modified or canceled until at least thirty (30) days' notice has been provided to the State. Vendor shall provide: (a) General Commercial Liability insurance in the amount of $1,000,000 per occurrence (Combined Single Limit Bodily Injury and Property Damage) and $2,000,000 Annual Aggregate; (b) Auto Liability, including Hired Auto and Non-owned Auto (Combined Single Limit Bodily Injury and Property Damage), in amount of $1,000,000 per occurrence; and (c) Worker's Compensation Insurance in the amount required by law. Insurance shall not limit Vendor's obligation to indemnify, defend, or settle any claims. 5.12. INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an agent or employee of, or joint venturer with the State. All payments by the State shall be made on that basis. State of Illinois Participating Contract v.26.1 14 5.13. SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the State during the term of this contract to perform any work under this Contract. Vendor shall give notice immediately to the Agency's director if Vendor solicits or intends to solicit State employees to perform any work under this Contract. 5.14. COMPLIANCE WITH THE LAW: The Vendor, its employees, agents, and subcontractors shall comply with all applicable Federal, State, and local laws, rules, ordinances, regulations, orders, Federal circulars and all license and permit requirements in the performance of this Contract. Vendor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes. Vendor shall obtain at its own expense, all licenses and permissions necessary for the performance of this Contract. 5.15. BACKGROUND CHECK: If a representative of Vendor physically enters property owned by the State, the State may conduct, at its expense, criminal and driver history background checks of Vendor's and subcontractor's officers, employees or agents. Vendor or subcontractor shall immediately reassign any individual who, in the opinion of the State, does not pass the background check. 5.16. APPLICABLE LAW: A. PREVAILING LAW: This Contract shall be construed in accordance with and is subject to the laws and rules of the State of Illinois. B. EQUAL OPPORTUNITY: The Department of Human Rights' Equal Opportunity requirements are incorporated by reference. 44 III. Adm. Code 750. C. COURT OF CLAIMS; ARBITRATION; SOVEREIGN IMMUNITY: Any claim against the State arising out of this Contract must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505. The State shall not enter into binding arbitration to resolve any dispute arising out of this Contract. The State of Illinois does not waive sovereign immunity by entering into this contract. D. OFFICIAL TEXT: The official text of the statutes cited herein is incorporated by reference. An unofficial version can be viewed at (www.ilea.4ov/legislation/ilcs/ilcs.asp). 5.17. ANTI-TRUST ASSIGNMENT: Reserved. 5.18. CONTRACTUAL AUTHORITY: The Agency that signs this Contract on behalf of the State of Illinois shall be the only State entity responsible for performance and payment under this Contract. When the Chief Procurement Officer or authorized designee or State Purchasing Officer signs in addition to an Agency, he/she does so as approving officer and shall have no liability to Vendor. When the Chief Procurement Officer or authorized designee or State Purchasing Officer signs a State of Illinois Participating Contract v.26.1 15 master contract on behalf of State agencies, only the Agency that places an order or orders with the Vendor shall have any liability to the Vendor for that order or orders. 5.19. EXPATRIATED ENTITIES: Except in limited circumstances, no business or member of a unitary business group, as defined in the Illinois Income Tax Act, shall submit a bid for or enter into a contract with a State agency if that business or any member of the unitary business group is an expatriated entity. 5.20. NOTICES: Notices and other communications provided for herein shall be given in writing via electronic mail whenever possible. If transmission via electronic mail is not possible, then notices and other communications shall be given in writing via registered or certified mail with return receipt requested, via receipted hand delivery, via courier (UPS, Federal Express or other similar and reliable carrier), or via facsimile showing the date and time of successful receipt. Notices shall be sent to the individuals who signed this Contract using the Contact information following the signatures. Each such notice shall be deemed to have been provided at the time it is actually received. By giving notice, either Party may change its contact information. 5.21. MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in writing and signed by authorized representatives of the Parties. Any provision of this Contract officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions shall be interpreted, as far as possible, to give effect to the Parties' intent. All provisions that by their nature would be expected to survive, shall survive termination. 5.22. PERFORMANCE RECORD/SUSPENSION: Upon request of the State, Vendor shall meet to discuss performance or provide contract performance updates to help ensure proper performance of this contract. The State may consider Vendor's performance under this Contract and compliance with law and rule to determine whether to continue this Contract, suspend Vendor from doing future business with the State for a specified period of time, or whether Vendor can be considered responsible on specific future contract opportunities. 5.23. FREEDOM OF INFORMATION ACT: This Contract and all related public records maintained by, provided to, or required to be provided to the State are subject to the Illinois Freedom of Information Act (FOIA) notwithstanding any provision to the contrary that may be found in this Contract. 5 ILCS 140. 5.24. SCHEDULE OF WORK: Any work performed on State premises shall be performed during the hours designated by the State and performed in a manner that does not interfere with the State and its personnel. 5.25. WARRANTIES FOR SUPPLIES AND SERVICES: RESERVED. State of Illinois Participating Contract v.26.1 16 5.26. REPORTING, STATUS AND MONITORING SPECIFICATIONS: Vendor shall notify the State, in a reasonable amount of time, of insolvency or bankruptcy that may have a material impact on Vendor's ability to perform this Contract. 5.27. EMPLOYEMENT TAX CREDIT: Vendors who hire qualified veterans and certain ex- offenders may be eligible for tax credits. 35 ILCS 5/216, 5/217. Please contact the Illinois Department of Revenue (telephone #: 217-524-4772) for information about tax credits. 6. Piggyback and Participating Contract Terms and Conditions 6.1. In the event of any inconsistency or conflict between the articles, attachments or provisions which constitute this Participating Contract, the following descending order of precedence shall apply: 6.1.1. This State of Illinois Participating Contract. 6.1.2. Sourcewell Master Agreement 030625-WEX Fleet Payment Solutions with Related Services. 6.1.3. Sourcewell Solicitation RFP 030625 — Fleet Payment Solutions with Related Services. 6.1.4. Vendor's response to Cooperative Solicitation RFP 030625 — Fleet Payment Solutions with Related Services. 6.1.5. Contractor's terms and conditions. 6.2. The Chief Procurement Officer for General Services makes this contract available to all governmental units and qualified not-for-profit agencies. 6.3. Vendor agrees to extend all terms and conditions, specifications, and pricing or discounts specified in this contract for the items in this contract to all State of Illinois governmental units and qualified not-for-profit agencies. 6.4. The supplies or services subject to this Contract shall be distributed or rendered directly to each governmental unit or qualified not-for-profit agency. 6.5. Vendor shall bill each governmental unit or qualified not-for-profit agency separately for its actual share of the costs of the supplies or services purchased. 6.6. The credit or liability of each governmental unit or qualified not-for-profit agency shall remain separate and distinct. 6.7. Disputes between vendors and governmental units or qualified not-for-profit agencies shall be resolved between the affected parties. 6.8. All terms and conditions in this Contract apply with full force and effect to all purchase orders. State of Illinois Participating Contract v.26.1 17 7. STATE SUPPLEMENTAL PROVISIONS 7.1. ® Agency Definitions 7.1.1. "Chief Procurement Officer" means the chief procurement officer appointed pursuant to 30 ILCS 500/10-20(a)(4). 7.1.2. "Governmental unit" means State of Illinois, any State agency as defined in Section 1-15.100 of the Illinois Procurement Code, officers of the State of Illinois, any public authority in Illinois which has the power to tax or any other public entity created by Illinois statute. A. State Agencies are defined as any department, office, commission, board, or authority within the Executive Department, which includes state supported universities and colleges. This term encompasses various entities that operate under the state government, providing services and oversight across different sectors. 7.1.3. "Qualified not-for-profit agency" means any not-for-profit agency that qualifies under Section 45-35 of the Illinois Procurement Code and that either (1) acts pursuant to a board established by or controlled by a unit of local government or (2) receives grant funds from the State or from a unit of local government. 7.2. ❑ Required Federal Clauses, Certifications and Assurances 7.3. I I Public Works Requirements (construction and maintenance of a public work) 820 ILCS 130/4. 7.4. n Prevailing Wage (janitorial cleaning, window cleaning, building and grounds, site technician, natural resources, food services, security services, and printing, if valued at more than $200 per month or $2,000 per year) 30 ILCS 500/25-60. 7.5. I Agency Specific Terms and Conditions 7.6. Other (describe) 8. ATTACHMENTS 8.1. Financial Disclosures 8.2. Cooperative Participation State of Illinois Specific Terms and Conditions 8.3. WEX Fleet Card Financial Incentives for Sourcewell Statewide Contracts 8.4. WEX Telematics Customer Agreement 8.5. WEX Sawatch Analytics Terms and Conditions 8.6. WEX EV Charging En Route Solution Enrollment Form and the Sourcewell Addendum to the Fuel Card Services Agreement State of Illinois Participating Contract v.26.1 18 Central Management Services JPMC 030625-WEX Fleet Payment Solutions 26-416CMS-BOSS4-P-95131 VENDOR Vendor Name: WEX Bank Address (City/State/Zip): 111 East Sego Lily Drive, Suite 250, Sandy, UT 84g70 Phone: 207-749-6176 (Janet Parker) Printed Name: Jason Price Email: janet.parker@wexinc.com Title: President Date: 5/13/2026 Signatur STATE OF ILLINOIS Purchasing Agency: Central Management Services Phone: 217-558-3765 Street Address: 300 W. Jefferson Street, 3rd Fl City, State ZIP: Springfield, IL 62702 Official Signature: (72O Printed Name: Raven DeVaughn by David W. Thomas Official's Title: Director by Agency Purchasing Officer State of Illinois Participating Contract v.26.1 19 AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS • Agency Reference #: 26-416CMS-BOSS4-R-297363 • Project Title: JPMC 030625-WEX Fleet Payment Solutions • Contract #: 26-416CMS-BOSS4-P-95131 • Procurement Method (IFB, RFP, Small Purchase, etc.): RFP • BidBuy / Bulletin Reference #: 26-416CMS-BOSS4-B-51252 • BidBuy / Bulletin Publication Date: 04/06/26 • Award Code: B • Subcontractor Utilization? Yes No Subcontractor Disclosure? Yes No • Funding Source: • Obligation #: • Small Business Set-Aside? Yes No Percentage: • Minority Owned Business? Yes No Percentage: • Women Owned Business? Yes ®No Percentage: • Persons with Disabilities Owned Business? ❑ Yes ®No Percentage: • Veteran Owned Small Business? n Yes No Percentage: • Other Preferences? State of Illinois Participating Contract v.26.1 STATE OF ILLINOIS IPG ACTIVE REGISTERED VENDOR DISCLOSURE (formerly named FORMS B) BidBuy Reference#: 26-416CMS-BOSS4-B-51252 Procurement/Contract#: 26-416CMS-BOSS4-P- 95131 ** STOP and READ THIS ** You may only submit this form if you have an ACTIVE (unexpired and approved) registration in the Illinois Procurement Gateway. This IPG Active Registered Vendor Disclosure may be used when responding to an Invitation for Bid (IFB) or a Request for Proposal (RFP) if the vendor is registered in the Illinois Procurement Gateway (IPG) and has an active State of Illinois Vendor Registration Number. The IPG assigns each vendor a unique State of Illinois Vendor Registration Number and expiration date upon the Chief Procurement Office's acceptance of the vendor's IPG application. If a vendor does not have an active State of Illinois Vendor Registration Number, then the vendor must complete and submit Vendor Disclosure (formerly named Forms A) with their response. Failure to do so may render the submission non-responsive and result in disqualification. Please read this entire section and provide the requested information as applicable. All parts in the IPG Active Registered Vendor Disclosure must be completed in full and submitted along with the vendor's bid, offer, or response. 1. Certification of Illinois Procurement Gateway Registration My business has an active State of Illinois Vendor Registration Number. To ensure that you have an active registration in the IPG, search for your business name in the IPG Registered Vendor Directory. If your company does not appear in the search results, then you do not have an active IPG registration. State of Illinois Vendor Registration Number: IPG-0675466 IPG Expiration Date: 01/15/2027 2. Certification Timely to this Solicitation or Contract Vendor certifies it is not barred from having a contract with the State based upon violating the prohibitions related to either submitting/writing specifications or providing assistance to an employee of the State of Illinois by reviewing, drafting, directing, or preparing any invitation for bids, a request for proposal, or request of information,or similar assistance(except as part of a public request for such information). 30 ILCS 500/50-10.5(e). ® Yes n No 3. Disclosure of Lobbyist or Agent (Complete only if bid,offer, or contract has an annual value over$100,000) Is your company or parent entity(ies) represented by or do you or your parent entity(ies) employ a lobbyist required to register under the Lobbyist Registration Act (lobbyist must be registered pursuant to the Act with the Secretary of State) or an agent who has communicated, is communicating, or may communicate with any State officer or employee concerning the bid or offer? If yes, please identify each lobbyist and agent, including the name and address below. n Yes ® No If yes, please identify each lobbyist and agent, including the name and address below. If you have a lobbyist that does not meet the criteria, then you do not have to disclose the lobbyist's information. Additional rows may be inserted into the table or an attachment may be provided if needed. State of Illinois Chief Procurement Office for General Services 1 IPG Active Registered Vendor Disclosure V.26.1 STATE OF ILLINOIS IPG ACTIVE REGISTERED VENDOR DISCLOSURE (formerly named FORMS B) Name Address _ Relationship to Disclosing Entity Click here to enter text. Click here to enter text. Click here to enter text. Describe all costs/fees/compensation/reimbursements related to the assistance provided by each representative lobbyist or other agent to obtain this Agency contract: Click here to enter text. 4. Disclosure of Current and Pending Contracts Complete only if: (a)your business is for-profit and (b)the bid, offer,or contract has an annual value over $100,000. Do not complete if you are a not-for-profit entity. ® Yes ❑ No. Do you have any contracts, pending contracts, bids, proposals, subcontracts, leases or other ongoing procurement relationships with units of State of Illinois government? If"Yes", please specify below. Additional rows may be inserted into the table or an attachment in the same format may be provided if needed. Agency Project Title Status Value contract Reference/P.O./Illinois Procurement Bulletin# CMS Fleet Fuel Card Services Active >$200,000 CMS7903500 5. Vendor certifies that no procurement or laundering of apparel provided to the State under the contract has been or will be provided through the use of forced labor exploitation. 30 ILCS 500/25-210. 6. Signature As of the date signed below, I certify that: • My business' information and the certifications made in the Illinois Procurement Gateway are truthful and accurate. • The certifications and disclosures made in this IPG Active Registered Vendor Disclosure are truthful and accurate. This IPG Active Registered Vendor Disclosure is signed by an authorized officer or employee on behalf of the bidder, offeror, or vendor pursuant to Sections 50-13 and 50-35 of the Illinois Procurement Code, and the affirmation of the accuracy of the financial disclosures is made under penalty of perjury. This disclosure information is submitted on behalf of: Vendor Name: WEX Bank Phone: 207-749-6176 Street Address: 111 East Sego Lily Drive, Suite 250 Email: janet.parker@wexinc.com City, State, Zip: Sandy, UT 84070 Vendor Contact: Janet Parker State of Illinois Chief Procurement Office for General Services 2 IPG Active Registered Vendor Disclosure V.26.1 STATE OF ILLINOIS IPG ACTIVE REGISTERED VENDOR DISCLOSURE (formerly named FORMS B) Signa MEIN allinDate: 3/16/2026 Jason Price Printed Name: Title: President State of Illinois Chief Procurement Office for General Services 3 IPG Active Registered Vendor Disclosure V.26 1 STATE OF ILLINOIS TAXPAYER IDENTIFICATION NUMBER I certify that: The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding,and I am a U.S. person(including a U.S.resident alien). • If you are an individual, enter your name and SSN as it appears on your Social Security Card. • If you are a sole proprietor,enter the owner's name on the name line followed by the name of the business and the owner's SSN or EIN. • If you are a single-member LLC that is disregarded as an entity separate from its owner,enter the owner's name on the name line and the D/B/A on the business name line and enter the owner's SSN or EIN. • If the LLC is a corporation or partnership, enter the entity's business name and EIN and for corporations, attach IRS acceptance letter(CP261 or CP277). • For all other entities,enter the name of the entity as used to apply for the entity's EIN and the EIN. Name: Business Name: WEX Bank Taxpayer Identification Number: Social Security Number: Click here to enter text. or Employer Identification NumberlIMMI Legal Status (check one): ❑Individual ❑Governmental ❑Sole Proprietor ❑ Nonresident alien ❑ Partnership ❑ Estate or trust ❑ Legal Services Corporation ❑ Pharmacy(Non-Corp.) ❑Tax-exempt ❑ Pharmacy/Funeral Home/Cemetery(Corp.) ❑Corporation providing or billing ❑ Limited Liability Company medical and/or health care services (select applicable tax classification) ®Corporation NOT providing or billing ❑C=corporation medical and/or health care services ❑ P=partnership Signature of Authorized Representative: IIIMIIIIIII Date: 3/16/2026 State of Illinois Chief Procurement Office for General Services 4 IPG Active Registered Vendor Disclosure V.26.1 IPG - Supplier Registration Summary (WEX Bank) (Registration Submitted on 01/14/2026) Active(Accepted) Overview Section Overview Supplier Name WEX Bank IPG NUMBER IPG-0675466 SUBMIT DATE 01/14/2026 REVIEW DATE 01/14/2026 STATUS Active(Accepted) FLAGS Yes DBA COMPANY NAME ADDRESS 111 E Sego Lily Dr Ste 250, Sandy,Utah,United States, 84070 REGISTERING AS A Prime SMALL BUSINESS SET-ASIDE No PROGRAM(SBSP) REGISTERED General Information Overview BUSINESS NAME WEX Bank DBA NAME FEDERAL EMPLOYER ID NUMBER Corporate Headquarters COMPANY ADDRESS LINE 1 111 E Sego Lily Dr Ste 250 CITY Sandy COUNTY STATE Utah ZIP/POSTAL CODE 84070 COMPANY PHONE (207)749-6176 COMPANY FAX COMPANY EMAIL janet.parker@wexinc.com COMPANY WEBSITE www.wexinc.com Primary Contact CONTACT NAME Janet Parker TITLE Strategic Relationship Manager PHONE NUMBER (207)749-6176 MOBILE NUMBER FAX NUMBER EMAIL janet.parker@wexinc.com NIGP Information NIGP Codes 946-25-Banking Services Page 1 of 12 1/14/2026 3:27:07 PM IPG - Supplier Registration Summary (WEX Bank) (Registration Submitted on 01/14/2026) Active(Accepted) 946-35-Credit Card,Charge Card Services 946-70-Payment Card Services Ownership Information Ownership Information COMPANY TYPE Corporation COMPANY ETHNICITY Form A.Business Information A.Business Information 1.Your Business is registering Prime 2.Name of CEO/Business Jason Price as a Owner 3.Annual Sales/Gross 855000000 4.When was your Business 07/29/1997 Receipts Established? 5.In what ILLINOIS County The business conducts 6.Contact Person for this Janet Parker (ies)are you conducting business statewide Vendor Registration Business? Contact Person Title Strategic Relationship Contact Person Phone 2077496176 Manager Contact Person Email janet.parker@wexinc.com Form B.Additional Information B.Additional Information 1.How did you learn about State Agency the Illinois Procurement Gateway?(Select ALL that apply) Form C.Small Business Set-Aside Program C.Small Business Set-Aside Program 1.Would you like to apply or No requalify for the Small Business Set Aside Program Form D.Department of Human Rights(DHR) Page 2 of 12 1/14/2026 3:27:07 PM IPG - Supplier Registration Summary (WEX Bank) (Registration Submitted on 01/14/2026) Active(Accepted) D. Department of Human Rights(DHR) 1.Highest number of 80 2.Select the DHR Status of My Business had 15 or more employees(including full and your Business employees at any time within part time the past year employees)at any time during the past year Enter Illinois DHR Public 109291-00 Contract Number Form E.Authorized to do Business in Illinois E.Authorized to do Business in Illinois Is your Business Registered Yes-registered and in good and Authorized to do standing with the Illinois business in Illinois? Secretary of State Form F.Certifications F.Certifications 1.Vendor certifies it is not Yes 2.This applies to individuals, N/A prohibited by federal sole proprietorships,general agencies pursuant to a United partnerships,and single States Department of member LLCS,but is not Homeland Security Binding otherwise applicable.Vendor Operational Directive due to certifies he/she is not in cybersecurity risks.30 ILCS default on an educational 500/25-90 loan.5 ILCS 385/3 3.Vendor certifies that it has Yes 4.Vendor certifies it has Yes reviewed and will comply neither been convicted of with the Department of bribing or attempting to bribe Employment Security Law(20 an Officer or Employee of the ILCS 1005/1005-47)as State of Illinois or any other applicable State,nor made an admission of guilt of such conduct that is a matter of record.30 ILCS 500/50-5 Page 3 of 12 1/14/2026 3:27:07 PM IPG - Supplier Registration Summary (WEX Bank) (Registration Submitted on 01/14/2026) Active(Accepted) 5.If Vendor has been Yes 6.If vendor or any Officer, Yes convicted of a felony,vendor Director,Partner,or other certifies at least five years Managerial Agent of Vendor have passed since the date of has been convicted of a completion of the sentence felony under the Sarbanes- for such felony,unless no Oxley act of 2002,or a class 3 person held responsible by a or class 2 felony under the prosecutor's office for the Illinois Securities Law of 1953, facts upon which the Vendor certifies at least five conviction was based years have passed since the continues to have any date of the conviction. involvement with the Vendor further certifies that it business.vendor further is not barred from being certifies that it is not barred awarded a contract.30 ILCS from being awarded a 500/50-10.5 contract.30 ILCS 500/50-10 7.Vendor certifies that it and Yes 8.Vendor certifies that it and Yes its affiliates are not all affiliates shall collect and delinquent in the payment of remit Illinois use Tax on all any debt to the University or sales of tangible personal the State(or if delinquent, property into the state of have entered into a deferred Illinois in accordance with payment plan to pay the debt provisions of the Illinois use or are actively disputing or Tax act.30 ILCS 500/50-12 seeking resolution).30 ILCS 500/50-11,50-60 9.Vendor certifies that it has Yes 10.Vendor certifies it has Yes not been found by a Court or neither paid any money or the Pollution Control Board to valuable thing to induce any have committed a willful or person to refrain from knowing violation of the bidding on a state contract, Environmental Protection Act nor accepted any money or within the last five years,and other valuable thing,or acted is therefore not barred from upon the promise of same, being awarded a contract.30 for not bidding on a State ILCS 500/50-14 contract.30 ILCS 500/50-25 11.Vendor certifies it has Yes 12.Vendor certifies that if it Yes read,understands and is not hires a person required to knowingly in violation of the register under the lobbyist "revolving door"provision of registration act to assist in the Illinois Procurement obtaining any State contract, Code.30 ILCS 500/50-30 that none of the lobbyist's costs,fees,compensation, reimbursements or other remuneration will be billed to the State.30 ILCS 500/50-38 Page 4 of 12 1/14/2026 3:27:07 PM IPG - Supplier Registration Summary (WEX Bank) (Registration Submitted on 01/14/2026) Active(Accepted) 1 13.Vendor certifies that it Yes 14.Vendor certifies it will Yes will not retain a person or report to the Illinois Attorney entity to attempt to influence General and the Chief the outcome of a Procurement Officer any procurement decision for suspected collusion or other compensation contingent in anti-competitive practice whole or in part upon the among any Bidders,Offerors, decision or procurement.30 Contractors,Proposers,or ILCS 500/50-38 Employees of the State.30 ILCS 500/50-40,50-45,50-50 15.Vendor certifies that if it is Yes 16.Vendor certifies that if Yes awarded a contract through awarded a contract for public the use of the preference works,steel products used or required by the Procurement supplied in the performance of Domestic Products Act, of that contract shall be then it shall provide products manufactured or produced in pursuant to the contract or a the United States,unless the subcontract that are executive head of the manufactured in Illinois or Procuring Agency/University the United States. 30 ILCS grants an exception in 517 writing.30 ILCS 565 17.If vendor is awarded a Yes 18.If vendor is an individual N/A contract worth more than and is awarded a contract $5,000 and employs 25 or worth more than$5,000, more employees,vendor vendor certifies it shall not certifies it will provide a drug engage in the unlawful free workplace pursuant to manufacture,distribution, the Drug Free Workplace Act. dispensation,possession,or 30 ILCS 580 use of a controlled substance during the performance of the contract pursuant to the drug free workplace act.30 ILCS 580 19.Vendor certifies that Yes 20.Vendor certifies that no Yes neither vendor nor any foreign-made equipment, substantially owned affiliate materials,or supplies is participating or shall furnished to the participate in an international Agency/University under any boycott in violation of the U.S contract have been or will be Export Administration Act of produced in whole or in part 1979 or the applicable by forced labor or indentured regulations of the United labor under penal sanction. States Department of 30 ILCS 583 Commerce.30 ILCS 582 Page 5 of 12 1/14/2026 327:07 PM IPG - Supplier Registration Summary (WEX Bank) (Registration Submitted on 01/14/2026) Active(Accepted) 21.Vendor certifies that no Yes 22.Vendor certifies that if Yes foreign-made equipment, awarded a contract including materials,or supplies Information Technology, furnished to the Electronic Information, Agency/University under any Software,Systems and contract have been produced Equipment,developed or in whole or in part by the provided under any contract, labor or any child under the it will comply with the age of 12.30 ILCS 584 applicable requirements of the Illinois Information Technology Accessibility Act Standards.30 ILCS 587 23.Vendor certifies that if it Yes 24.Vendor certifies it has not Yes owns residential buildings, been convicted of the offense that any violation of the Lead of bid rigging or bid rotating Poisoning Prevention Act has or any similar offense of any been mitigated.410 ILCS 45 State or of the United States. 720 ILCS 5/33 E-3,E-4,E-11 25.Vendor certifies it Yes 26.Vendor certifies it does Yes complies with the Illinois not pay dues to or reimburse Department of Human Rights or subsidize payments by its act and rules applicable to Employees for any dues or public contracts,which fees to any"discriminatory include providing equal club."775 ILCS 25/2 employment opportunity, refraining from unlawful discrimination,and having written sexual harassment policies.775 ILCS 5/2-105 Page 6 of 12 1/14/2026 3:27:07 PM IPG - Supplier Registration Summary (WEX Bank) (Registration Submitted on 01/14/2026) Active(Accepted) 27.Vendor warrants and Yes 28.Vendor certifies that it has Yes certifies that it and,to the read,understands and is in best of its knowledge,its compliance with the subcontractors have and will registration requirements of comply with executive order the Illinois Elections Code(10 no.1(2007).The order ILCS 5/9-35)and the generally prohibits vendors restrictions on making and subcontractors from political contributions and hiring the then-serving related requirements of the governor's family members to Illinois Procurement Code.30 lobby procurement activities ILCS 500/20-160 and 50-37 of the state,or any other vendor will not make a Government in Illinois political contribution that will including local Governments violate these requirements. if that procurement may result in a contract valued at over$25,000.This prohibition also applies to hiring for that same purpose any former State Employee whose procurement authority at any time during the one-year period preceding the procurement lobbying activity. 29.This applies to individuals, N/A 30.Vendor certifies that no Yes sole proprietorships,general procurement or laundering of partnerships,and single apparel provided to the State member LLC'S,but is not under the contract has been otherwise applicable.vendor or will be provided through certifies that he/she has not the use of forced labor received an early retirement exploitation.30 ILCS 500/25- incentive prior to 1993 under 210. section 14-108.3 or 16-133.3 of the Illinois Pension Code or an early retirement incentive on or after 2002 under section 14-108.3 or 16-133.3 of the Illinois Pension Code. (30 ILCS 105/15a;40 ILCS 5/14 -108.3;40 1105 5/16-133 Form G. Board of Elections(BOE) G.Board of Elections(BOE) 1.Is your Business registered Yes-I certify my business is Enter the BOE registration 12637 with the Board of Elections registered with BOE. number (BOE)? Page 7 of 12 1/14/2026 3:27:07 PM IPG - Supplier Registration Summary (WEX Bank) (Registration Submitted on 01/14/2026) Active(Accepted) Form H.Iran Disclosure H. Iran Disclosure 1.Do you or any of your No business operations to corporate parents or disclose subsidiaries have any business operations that must be disclosed? Form I. Financial Disclosure&Conflicts of Interest I. Financial Disclosure&Conflicts of Interest A.Identify the applicable Other Privately Held Entity B.Is there a parent entity that Yes entity type (i.e.LLC/partnership/privately owns 100%of the Business? held corporation with 100 or fewer shareholders/or other entity type not clearly identified in another option) Parent Form ipg parent financial C.Instrument of Ownership Corporate Stock(C- disclosures and conflicts of or Beneficial Interest Corporation/S- interest form V1 Corporation/Professional (2)_134128835514061759.pdf, Corporation/Service WEX Inc 10- Corporation) K_134128835821365643.pdf 1.Is there any individual or Yes-the information is not List of individuals or entities ipg percentage of ownership entity who meets any of the publicly available(If any meeting one or more of the and distributive income form following thresholds:(a) individuals are listed-answer listed thresholds V1_134128138327460047.pdf, owns more than 5%of the Yes or No to questions 5-8 and WEX Inc 10- business,(b)holds ownership 11-20) K_134128876094829371.pdf share of the business valued in excess of$142,740.00,(c)is entitled to more than 5% of the business'distributive income,or(d)is entitled to more than$142,740.00 of the business'distributive income? 2.Please certify that the Yes 3.Please certify that the Yes following statement is true: following statement is true: all individuals or entities that all individuals or entities that hold an ownership interest in were entitled to receive the business of greater than distributive income in an 5%or valued greater than amount greater than $142,740.00 have been $142,740.00 or greater than disclosed in question 1. 5%of the total distributive income of the business have been disclosed in question 1. Page 8 of 12 1/14/2026 3.27:07 PM IPG - Supplier Registration Summary (WEX Bank) (Registration Submitted on 01/14/2026) Active(Accepted) 4.Disclosure of Board of Not applicable-For-Profit 5.For the individuals No Directors for Not-for-Profit Entity disclosed above in question 1 Entities and for sole proprietors,are any of them a person who holds an elective office in the state of Illinois or holds a seat in the general assembly,or are they the spouse or minor child of such person? 6.For the individuals No 7.For the individuals No disclosed above in question 1 disclosed above in question 1 and for sole proprietors,are and for sole proprietors,are any of them appointed to or any of them an officer or employed in any offices or employee of the capital agencies of state government development board or the and receive compensation for Illinois toll highway authority, such employment in excess of or are any of them the spouse 60%($142,740.00)of the or minor child of such person? salary of the governor,or are any of them the spouse or minor child of such person? 8.For the individuals No 9.If any question in 5-8 above No disclosed above in question 1 is answered yes,please and for sole proprietors,are answer the following: Do any any of them appointed as a of the individuals identified, member of a board, their spouse,or minor child commission,authority,or receive from the entity more task force authorized or than 7.5%of the entity's total created by state law or by distributable income or an executive order of the amount of distributable governor,or are they the income in excess of the salary spouse or an immediate of the Governor family member who currently ($237,900.00)? resides or resided with such person within the last 12 months? 10.If any question in 5-8 No 11.For the individuals No above is answered yes,please disclosed above in question 1 answer the following: Is and for sole proprietors,do there a combined interest of any of them currently have, any individual identified or in the previous 3 years had along with their spouse or state employment,including minor child of more than 15% contractual employment of in the aggregate of the services?this does not entity's distributable income include contracts to provide or an amount of distributable goods or services to the state income in excess of two times as a vendor. the salary of the Governor ($475,800.00)? Page 9 of 12 1/14/2026 3:27:07 PM IPG - Supplier Registration Summary (WEX Bank) (Registration Submitted on 01/14/2026) Active(Accepted) 12.For the individuals No 13.For the individuals No disclosed above in question 1 disclosed above in question 1 and for sole proprietors,have and for sole proprietors,do their spouse,father,mother, any of them currently hold or son,or daughter,had State have held in the previous 3 employment,including years elective office of the contractual employment for state of Illinois,the services,in the previous 2 government of the united years? This does not include states,or any unit of local contracts to provide goods or government authorized by services to the State as a the constitution of the state vendor. of Illinois or the statutes of the state of Illinois? 14.For the individuals No 15.For the individuals Not applicable-No individuals disclosed above in question 1 disclosed above in question 1 disclosed in question 1 and for sole proprietors,do and for sole proprietors,do any of them have a any of them hold or have held relationship to anyone in the previous 3 years any (spouse,father,mother,son, appointive government office or daughter)holding elective of the state of Illinois,the office currently or in the united states of America,or previous 2 years? any unit of local government authorized by the constitution of the state of Illinois or the statutes of the state of Illinois,which office entitles the holder to compensation in excess of expenses incurred in the discharge of that? 16.For the individuals No 17.For the individuals No disclosed above in question 1 disclosed above in question 1 and for sole proprietors,do and for sole proprietors,do any of them have a any of them currently have or relationship to anyone in the previous 3 years had (spouse,father,mother,son, employment as or by any or daughter)holding registered lobbyist of the appointive office currently or state government? in the previous 2 years? Page 10 of 12 1/14/2026 3:27:07 PM IPG - Supplier Registration Summary (WEX Bank) (Registration Submitted on 01/14/2026) Active(Accepted) 18.For the individuals No 19.For the individuals No disclosed above in question 1 disclosed above in question 1 and for sole proprietors,do and for sole proprietors,do any of them currently have or any of them currently have or in the previous 2 years had a in the previous 3 years had relationship to anyone compensated employment by (spouse,father,mother,son, any registered election or re- or daughter)that is or was a election committee registered registered lobbyist? with the secretary of state or any county clerk in the state of Illinois,or any political action committee registered with either the secretary of state or the federal board of elections? 20.For the individuals No 21.Has there been any No disclosed above in question 1 suspension or debarment and for sole proprietors,do from contracting with any any of them currently have or governmental entity within in the previous 2 years had a the previous ten years?This relationship to anyone applies to all sole proprietors, (spouse,father,mother,son, for-profit entities,not-for- or daughter)who is or was a profit entities,and for the compensated employee of individuals disclosed in any registered election or question 1 above. reelection committee registered with the secretary of state or any county clerk in the state of Illinois,or any political action committee registered with either the secretary of state or the federal board of elections? 22.Has there been any No 23.Has there been any No professional licensure bankruptcy within the discipline within the previous previous ten years?this ten years?this applies to all applies to all sole proprietors, sole proprietors,for-profit for-profit entities,not-for- entities,not-for-profit profit entities,and for the entities,and for the individuals disclosed in individuals disclosed in question 1 above. question 1 above. Page 11 of 12 1/14/2026 3:27.07 PM IPG - Supplier Registration Summary (WEX Bank) (Registration Submitted on 01/14/2026) Active(Accepted) 24.Have there been any No 25.Have there been any No adverse civil judgments criminal felony convictions and/or administrative within the previous ten findings within the previous years?this applies to all sole ten years?this applies to all proprietors,for-profit sole proprietors,for-profit entities,not-for-profit entities,not-for-profit entities,and for the entities,and for the individuals disclosed in individuals disclosed in question 1 above question 1 above. Page 12 of 12 1/14/2026 3:27:07 PM ILLINOIS PROCUREMENT GATEWAY PERCENTAGE OF OWNERSHIP AND DISTRIBUTIVE INCOME FORM Vendor Name: WEX Bank DBA: n/a INSTRUCTIONS: 1. Ownership Share—Provide the name and address of each individual or entity and their percentage of ownership if said percentage exceeds 5%, or the dollar value of their ownership if said dollar value exceeds$142,740. 2. Distributive Income— Provide the name and address of each individual or entity and their percentage of the disclosing vendor's total distributive income if said percentage exceeds 5%of the total distributive income of the disclosing entity, or the dollar value of their distributive income if said dollar value exceeds$142,740. 3. Additional rows may be inserted into the tables or an attachment in a substantially similar format may be provided if needed. Name Complete Mailing Address %of Ownership $Value of Ownership %of Distributive $Value of Distributive Income Income WEX Inc 1 Hancock St Portland, ME 100% Unknown Unknown Unknown 04101 Click here to enter text. Click here to enter text. Click here to Click here to enter Click here to Click here to enter enter text. text. enter text. text. Click here to enter text. Click here to enter text. Click here to Click here to enter Click here to Click here to enter enter text. text. enter text. text. Click here to enter text. Click here to enter text. Click here to Click here to enter Click here to Click here to enter enter text. text. enter text. text. Click here to enter text. Click here to enter text. Click here to Click here to enter Click here to Click here to enter enter text. text. enter text text. State of Illinois Chief Procurement Office IL Procurement Gateway. Percentage of Ownership and Distributive Income Form V.25.3 ILLINOIS PROCUREMENT GATEWAY FINANCIAL DISCLOSURES AND CONFLICTS OF INTEREST FORM FOR PARENT ENTITY This Financial Disclosures and Conflicts of Interest Form must be accurately completed and submitted by the Parent Entity with 100%ownership of the Vendor applying for or holding registration within the Illinois Procurement Gateway. If Parent Entity is 100% owned by another entity ("Parent's Parent Entity"), then the Parent's Parent Entity must complete this disclosure form. This disclosure requirement continues for each successive parent until the level where the parent entity does not have 100%ownership. Parent entities with less than 100%ownership do not need to complete this form. There are seven steps to this form and each must be completed as instructed. The Agency/University will consider this form when evaluating the vendor's bid, offer, response, proposal, or awarding the contract. The requirement of disclosure of financial interests and conflicts of interest is a continuing obligation. If circumstances change and the disclosure is no longer accurate,then disclosing entities must provide an updated form. Vendor Name WEX Bank Doing Business As (DBA) N/A Disclosing Entity WEX Inc Disclosing Entity's Parent N/A Entity • Instrument of Ownership or Corporate Stock(C-Corporation,S-Corporation, Professional Corporation,Service Beneficial Interest Corporation) ❑ If you selected Other, please describe: Click here to enter text. State of Illinois Chief Procurement Office 1 IL Procurement Gateway:Financial Disclosures and Conflicts of Interest Form for Parent Entity V.25.3 FINANCIAL DISLCOSURES AND CONFLICTS OF INTEREST FORM FOR PARENT ENTITY STEP 1 SUPPORTING DOCUMENTATION SUBMITTAL. 11.1 You must select one of the six options below and select the documentation you are submitting. You must provide the documentation the applicable section requires with this form. ® Option 1—Publicly Traded Entities 1.A. Complete Step 2, Option A for each qualifying individual or entity holding any ownership or distributive income share in excess of 5%or an amount greater than 60%($142,740)of the annual salary of the Governor. OR 1.B. ® Attach a copy of the Federal 10-K or provide a web address of an electronic copy of the Federal 10-K, and skip to Step 3. ri Option 2—Privately Held Entities with more than 200 Shareholders 2.A. n Complete Step 2, Option A for each qualifying individual or entity holding any ownership or distributive income share in excess of 5%or an amount greater than 60%($142,740)of the annual salary of the Governor. OR 2.B. n Complete Step 2, Option A for each qualifying individual or entity holding any ownership share in excess of 5%and attach the information Federal 10-K reporting companies are required to report under 17 CFR 229.401. ri Option 3—All other Privately Held Entities, not including Sole Proprietorships 3.A. n Complete Step 2, Option A for each qualifying individual or entity holding any ownership or distributive income share in excess of 5%or an amount greater than 60%($142,740)of the annual salary of the Governor. n Option 4—Foreign Entities 4.A. n Complete Step 2, Option A for each qualifying individual or entity holding any ownership or distributive income share in excess of 5%or an amount greater than 60%($142,740)of the annual salary of the Governor. OR 4.B. n Attach a copy of the Securities Exchange Commission Form 20-F or 40-F and skip to Step 3. Option 5—Not-for-Profit Entities n Complete Step 2, Option B. ❑ Option 6—Sole Proprietorships n Skip to Step 3. State of Illinois Chief Procurement Office 2 IL Procurement Gateway:Financial Disclosures and Conflicts of Interest Form for Parent Entity V.25.3 FINANCIAL DISLCOSURES AND CONFLICTS OF INTEREST FORM FOR PARENT ENTITY Complete either Option A(for all entities other than not-for-profits)or Option B(for not-for-profits). Additional rows may be inserted into the tables or an attachment may be provided if needed. OPTION A—Ownership Share and Distributive Income Ownership Share — If you selected Option 1.A., 2.A., 2.B., 3.A., or 4.A. in Step 1, provide the name and address of each individual or entity and their percentage of ownership if said percentage exceeds 5%,or the dollar value of their ownership if said dollar value exceeds $142,740. ri Check here if including an attachment with requested information in a format substantially similar to the format below. TABLE—X Name Address Percentage of Ownership $Value of Ownership Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Distributive Income — If you selected Option 1.A., 2.A., 3.A., or 4.A. in Step 1, provide the name and address of each individual or entity and their percentage of the disclosing vendor's total distributive income if said percentage exceeds 5% of the total distributive income of the disclosing entity, or the dollar value of their distributive income if said dollar value exceeds $142,740. I Check here if including an attachment with requested information in a format substantially similar to the format below. TABLE—Y Name Address %of Distributive Income $Value of Distributive Income Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. State of Illinois Chief Procurement Office 3 IL Procurement Gateway:Financial Disclosures and Conflicts of Interest Form for Parent Entity V.25.3 FINANCIAL DISLCOSURES AND CONFLICTS OF INTEREST FORM FOR PARENT ENTITY Please certify that the following statements are true. I have disclosed all individuals or entities that hold an ownership interest of greater than 5% or greater than $142,740. ▪Yes[1 No I have disclosed all individuals or entities that were entitled to receive distributive income in an amount greater than$142,740 or greater than 5%of the total distributive income of the disclosing entity. ▪Yes No OPTION B—Disclosure of Board of Directors(Not-for-Profits) If you selected Option 5 in Step 1, list members of your board of directors. Please include an attachment if necessary. TABLE—Z Name Address Click here to enter text. Click here to enter text. Click here to enter text. _ Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. _ Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. STEP 3 PROHIBITED CONFLICTS OF INTEREST Step 3 must be completed for each person disclosed in Step 2,Option A and for sole proprietors identified in Step 1, Option 6 above. Please provide the name of the person for which responses are provided: WEX Inc 1. Do you hold or are you the spouse or minor child who holds an elective office in the State of ❑Yes® No Illinois or hold a seat in the General Assembly? 2. Have you,your spouse,or minor child been appointed to or employed in any offices or ❑Yes ® No agencies of State government and receive compensation for such employment in excess of 60%($142,740)of the salary of the Governor? 3. Are you or are you the spouse or minor child of an officer or employee of the Capital ❑Yes® No Development Board or the Illinois Toll Highway Authority? State of Illinois Chief Procurement Office 4 IL Procurement Gateway.Financial Disclosures and Conflicts of Interest Form for Parent Entity V.25.3 FINANCIAL DISLCOSURES AND CONFLICTS OF INTEREST FORM FOR PARENT ENTITY 4. Have you,your spouse, or an immediate family member who lives in your residence n Yes ® No currently or who lived in your residence within the last 12 months been appointed as a member of a board, commission, authority, or task force authorized or created by State law or by executive order of the Governor? 5. If you answered yes to any question in 1-4 above, please answer the following: Do you,your n Yes ® No spouse, or minor child receive from the vendor more than 7.5%of the vendor's total distributable income or an amount of distributable income in excess of the salary of the Governor($237,900)? 6. If you answered yes to any question in 1-4 above, please answer the following: Is there a ❑Yes ® No combined interest of self with spouse or minor child more than 15%($475,800) in the aggregate of the vendor's distributable income or an amount of distributable income in excess of two times the salary of the Governor? STEP 4 POTENTIAL ONFLICTS OF INTEREST RELATING TO PERSONAL RELATIONSHIPS Step 4 must be completed for each person disclosed in Step 2,Option A and for sole proprietors identified in Step 1,Option 6 above. Please provide the name of the person for which responses are provided: WEX Inc 1. Do you currently have, or in the previous 3 years have you had State employment, including ❑ Yes ® No contractual employment of services? 2. Has your spouse, father, mother, son, or daughter, had State employment, including contractual employment for services, in the previous 2 years? ❑ Yes ® No 3. Do you hold currently or have you held in the previous 3 years elective office of the State of n Yes ® No Illinois, the government of the United States, or any unit of local government authorized by the Constitution of the State of Illinois or the statutes of the State of Illinois? 4. Do you have a relationship to anyone (spouse, father, mother, son, or daughter) holding n Yes ® No elective office currently or in the previous 2 years? 5. Do you hold or have you held in the previous 3 years any appointive government office of the n Yes ® No State of Illinois, the United States of America, or any unit of local government authorized by the Constitution of the State of Illinois or the statutes of the State of Illinois, which office entitles the holder to compensation in excess of expenses incurred in the discharge of that office? 6. Do you have a relationship to anyone (spouse, father, mother, son, or daughter) holding ❑Yes ® No appointive office currently or in the previous 2 years? 7. Do you currently have or in the previous 3 years had employment as or by any registered n Yes ® No lobbyist of the State government? State of Illinois Chief Procurement Office 5 IL Procurement Gateway:Financial Disclosures and Conflicts of Interest Form for Parent Entity V.25.3 FINANCIAL DISLCOSURES AND CONFLICTS OF INTEREST FORM FOR PARENT ENTITY 8. Do you currently have or in the previous 2 years had a relationship to anyone (spouse,father, ❑Yes® No mother,son,or daughter)that is or was a registered lobbyist? 9. Do you currently have or in the previous 3 years had compensated employment by any ❑Yes® No registered election or re-election committee registered with the Secretary of State or any county clerk in the State of Illinois,or any political action committee registered with either the Secretary of State or the Federal Board of Elections? 10. Do you currently have or in the previous 2 years had a relationship to anyone (spouse,father, ❑Yes® No mother, son, or daughter)who is or was a compensated employee of any registered election or reelection committee registered with the Secretary of State or any county clerk in the State of Illinois,or any political action committee registered with either the Secretary of State or the Federal Board of Elections? STEP 5 EXPLANATION OF AFFIRMATIVE RESPONSES If you answered "Yes" in Step 3 or Step 4, please provide on an additional page a detailed explanation that includes, but is not limited to the name,salary,State agency or university,and position title of each individual. Click here to enter text. STEP 6 POTENTIAL CONFLICTS OF INTEREST RELATING TO DEBARMENT & LEGAL PROCEEDINGS This step must be completed for each person and entity disclosed in Step 2,Option A,Step 3,and for each entity and sole proprietor disclosed in Step 1. Please provide the name of the person or entity for which responses are provided:WEX Inc 1. Within the previous ten years, have you had debarment from contracting with any ❑Yes ® No governmental entity? 2. Within the previous ten years, have you had any professional licensure discipline? ❑Yes ®No 3. Within the previous ten years, have you had any bankruptcies? ❑Yes ®No State of Illinois Chief Procurement Office 6 IL Procurement Gateway:Financial Disclosures and Conflicts of Interest Form for Parent Entity V.25.3 FINANCIAL DISLCOSURES AND CONFLICTS OF INTEREST FORM FOR PARENT ENTITY 4. Within the previous ten years, have you had any adverse civil judgments and administrative n Yes ® No findings? 5. Within the previous ten years, have you had any criminal felony convictions? I I Yes ® No If you answered "Yes", please provide a detailed explanation that includes, but is not limited to the name, State agency or university, and position title of each individual. Click here to enter text. ME= STEP7 SIGN THE DISCLOSURE This disclosure is signed,and made under penalty of perjury for all for-profit entities, by an authorized officer or employee on behalf of the bidder or offeror pursuant to Sections 50-13 and 50-35 of the Illinois Procurement Code. This disclosure information is submitted on behalf of: Name of Disclosing Entity: WEX Inc Signature: MI._ Date: 1/14/2026 Printed Name: Janet Parker Title: Strategic Relationship Manager Phone Number: 207-749-6176 Email Address: janet.parker@wexinc.com State of Illinois Chief Procurement Office 7 IL Procurement Gateway:Financial Disclosures and Conflicts of Interest Form for Parent Entity V.25 3 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington,D.C.20549 FORM 10-K (Mark One) ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2024 OR TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 001-32426 7 IM WEX INC. (Exact name of registrant as specified in its charter) Delaware 01-0526993 (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) 1 Hancock St., Portland, ME 04101 (Address of principal executive offices) (Zip Code) (207)773-8171 (Registrant's telephone number,including area code) Securities registered pursuant to Section 12(b)of the Act: Title of each class Trading Symbol(s) Name of each exchange on which registered Common Stock,$0.01 par value WEX New York Stock Exchange Securities registered pursuant to Section 12(g) of the Act: None (Title of class) Indicate by check mark if the registrant is a well-known seasoned issuer,as defined in Rule 405 of the Securities Act. El Yes ❑ No Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d)of the Act. ❑ Yes ® No Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2)has been subject to such filing requirements for the past 90 days. 0 Yes 0 No Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S—T (§ 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit such files). 0Yes 0 No Directors Melissa Smith Aimee Cardwell Derrick Roman Chair,Chief Executive Officer, Former Chief Information Security Officer, Former Partner, and President,WEX UnitedHealth Group Inc. PricewaterhouseCoopers Jack VanWoerkom Shikhar Ghosh Stephen (Steve) Smith Vice Chairman and Professor,Harvard Business School President and Chief Executive Officer, Lead Director,WEX L.L.Bean Former Executive Vice President and James (Jim) Groch General Counsel,The Home Depot Former Chief Financial Officer, Susan Sobbott Global Group President,and Former President of Global Commercial Chief Investment Officer,CBRE Group,Inc. Services,American Express Nancy Altobello Former Global Vice Chair,Ernst&Young James Neary Managing Director,Warburg Pincus Daniel (Don) Callahan Former Global Head of Operations and Technology,Citigroup Executive Officers Melissa Smith Sachin Dhawan Karen Stroup Chair,CEO,and President Chief Technology Officer Chief Digital Officer Carlos Carriedo Ann (Annie) Drew Sara Trickett Chief Operating Officer, Chief Risk and Compliance Officer Chief Legal Officer, Americas Payments&Mobility Interim Chief People Officer,and Jennifer Kimball Corporate Secretary Joel (Jay) A. Dearborn, Jr. Chief Accounting Officer Chief Operating Officer,International Jagtar Narula Robert Deshaies Chief Financial Officer Chief Operating Officer,Benefits Corporate Headquarters Stockholders'Meeting Investor Relations WEX Date:May 15,2025 Steve Elder 1 Hancock Street Time:8:00 a.m.ET Senior Vice President,Global Investor Portland,ME 04101 Relations (207)773-8171 Location: (207)523-7769 newsroom@wexinc.com Virtual meeting details to be provided Steve.Elder@wexinc.com www.wexinc.com in Notice and Proxy Statement Form 10-K Transfer Agent Ticker Symbol A copy of the Company's Form 10-K,filed Equiniti Trust Company LLC NYSE:WEX with the Securities and Exchange 55 Challenger Road Commission,is available without charge Suite 200B 2nd Floor upon written request to:WEX Investor Ridgefield Park,NJ 07660 Relations,1 Hancock Street,Portland,ME 04101;by calling(207) 523-7769;or by Independent Registered emailing Steve.Elder@wexinc.com. Public Accounting Firm Deloitte&Touche LLP 115 Federal Street Boston,MA 02110 (617)437-2000 ICPOGS Cooperative Participation State of Illinois Specific Terms and Conditions 1. This participating agreement executed by the State of Illinois may be designated as available to all or certain governmental units and/or qualifying not for profit agencies. "Governmental unit" means State of Illinois, any State agency as defined in Section 1-15.100 of the Illinois Procurement Code (30 ILCS 500/),officers of the State of Illinois, any public authority which has the power to tax,or any other public entity created by statute. 30 ILCS 525/. 2. In no event will the total term of any participating agreement, including the initial term and any extensions or amendments,exceed ten (10)years. 3. This participating agreement and all related public records maintained by, provided to,or required to be provided to the State, are subject to the Illinois Freedom of Information Act notwithstanding any provision to the contrary that may be found in this contract. 5 ILCS 140. 4. Any participating agreement executed by the State of Illinois is contingent upon and subject to the availability of funds. The State of Illinois,at its sole option, may terminate or suspend any participating agreement, in whole or in part, without penalty or further payment being required, if(1)the Illinois General Assembly or the Federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20-60), (2)the Governor of Illinois decreases the Agency's funding by reserving some or all of the Agency's appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. Vendor will be notified in writing of the failure of appropriation or of a reduction or decrease. 5. Any claim against any State of Illinois, any State of Illinois agency as defined in Section 1-15.100 of the Illinois Procurement Code (30 ILCS 500/), or officers of the State of Illinois arising out of any participating agreement must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505/1. Payments, including late payment charges,will be paid in accordance with the State Prompt Payment Act and rules when applicable. 30 ILCS 540; 74 III. Adm. Code 900. This shall be Vendor's sole remedy for late payments by the State of Illinois. Payment terms contained in Vendor's invoices shall have no force or effect. The State of Illinois shall not enter into binding arbitration to resolve any dispute arising out of any participating agreement.The State of Illinois does not waive sovereign immunity. 6. Illinois may further evaluate the lead entity's awarded contracts to make best value determinations. 7. Registration in the Illinois Procurement Gateway is required before a participating agreement with the State of Illinois may be executed. For information on registration, please visit ipg.illinois.gov. 8. Registration in BidBuy is required before a contract with the State of Illinois can be executed. For information on registration, please see the BidBuy Vendor Registration Manual. 9. Any vendor with a participating agreement may be required to meet an Illinois Business Enterprise Program goal (30 ILCS 575/). 10. Any vendor with a participating agreement may be required to meet a contracting goal with Illinois small businesses (30 ILCS 500/45-90). 11. Any participating agreement executed by the State of Illinois will incorporate the State of Illinois Standard Terms and Conditions. State of Illinois Chief Procurement Office General Services 1 Unified Procurement Program(UPP) IllinoisSpecific Terms and Conditions for Cooperative Participations v.26.1 w ex BANK VEX FLEE CARD AN IAL ININf1VE FOR SaREAEIL STATBNCE CONTRACTS The WEX Fleet Card can be used to purchase fuel and fleet related services and products for the retail price at our accepting locations. We will provide Sourcewell members with rebates in accordance with the below. It is possible to qualify for A, B, both A and B, or neither. The pricing contained in this document supersedes that of the attached sample Business Charge Account Agreement. Definitions "Monthly Gallons" shall mean all gallons of fuel purchased using Cards at retail locations that appear on invoices provided to you during a calendar month. Fuel purchased at Tier 1 Truck Stop locations (currently Flying J, Loves, Petro, and Pilot) and private site transactions are excluded from the Monthly Gallon amount. Due to billing cycle cut off dates and monthly calendar variances invoices received by you in a given month may contain transactions from the previous month and they may not contain all transactions that occurred during the month in which you were invoiced. "Monthly Retail Transactions" shall mean the total amount of all purchases made using Cards at retail locations that appear on invoices provided to you in a calendar month. Monthly Retail Transactions shall not include: (i) those amounts representing credits, disputed items, fees, late fees or charges posted to your accounts (such as returned check fees, collection costs, administrative fees and reporting fees), (ii) fuel purchased at Tier 1 Truck Stop locations (currently Flying J, Loves, Petro, and Pilot), or (iii) any amounts posted to an account with respect to which a Card has been reported lost or stolen. A. Volume Rebate Subject to the express conditions below, we will issue a monthly rebate, paid one month in arrears, in the accordance with the below Rebate Table, off all Sourcewell members' Monthly Retail Transactions based on the tier established in the table below (the "Rebate"). Rebate—Members that are participating in a Statewide contract under Sourcewell Monthly Spend Basis Points (Rebate Percentage) to member No minimum spend requirement 185 basis points(1.85%) w ex BANK Conditions The Rebate set forth herein is expressly conditioned on the following: (1) monthly billing; (2) electronic reporting; (3) payment in full within 26 calendar days of the billing date appearing on your invoice; (4) credit approval; and (5) signing a three-year contract. WEX will review any act or law as it pertains to payment timing for Sourcewell and its members. Upon review of such act or law WEX will agree that extended time to remit payment will NOT adversely affect the volume rebate available to Sourcewell members unless such act or law permits payment to be made in excess of 45 days from the billing date appearing on the invoice. Calculation We shall commence calculating the Volume Rebate as of the first day of the first billing cycle after an agreement becomes effective.The Rebate will be calculated by multiplying the total dollar amount of Monthly Retail Transactions by the basis points (rebate percentage). Payment Rebates for international transactions shall be paid at a rate of 50%of the applicable Rebate Percentage. ui exliANK B. Payment Timing Rebate: Subject to the express conditions below, we will issue a monthly rebate in accordance with the below Payment Timing Table off all Monthly Retail Transactions charged to Sourcewell members' accounts (the "Payment Timing Rebate"). Payment Timing Options: Payment Bill Presentment in full within the following calendar Basis Points(Rebate Percentage) days of the billing date appearing on your invoice Monthly 0 20 basis points (0.20%) Monthly 1 19 basis points (0.19%) Monthly 2 18 basis points (0.18%) Monthly 3 17 basis points(0.17%) Monthly 4 16 basis points(0.16%) Monthly 5 15 basis points (0.15%) Monthly 6 14 basis points (0.14%) Monthly 7 13 basis points (0.13%) Monthly 8 12 basis points(0.12%) Monthly 9 11 basis points(0.11%) Monthly 10 10 basis points (0.10%) Monthly 11 9 basis points (0.09%) Monthly 12 8 basis points (0.08%) Monthly 13 7 basis points (0.07%) Monthly 14 6 basis points (0.06%) Monthly 15 5.5 basis points (0.055%) Monthly 16 5 basis points (0.05%) Monthly 17 4.5 basis points(0.045%) Monthly 18 4 basis points (0.04%) Monthly 19 3.5 basis points(0.035%) Monthly 20 3 basis points (0.03%) Monthly 21 2.5 basis points (0.025%) Monthly 22 2 basis points (0.02%) Monthly 23 1.5 basis points(0.015%) Monthly 24 1 basis points (0.01%) Monthly 25 0.5 basis points(0.005%) Monthly 26 0 basis points w ex BANK Conditions The Payment Timing Rebate set forth herein is expressly conditioned on our receipt of payment in full in accordance with one of the Payment Timing Options in the Payment Timing Table. Calculation We shall commence calculating the Rebate as of the closing of the first billing cycle after an agreement becomes effective. The Rebate will be calculated by determining the Payment Timing and the applicable Rebate Percentage, then by multiplying the Rebate Percentage by the total dollar amount of Monthly Retail Transactions. Payment Payment Timing Rebates for international transactions shall be paid at 50%of the applicable Rebate Percentage. Cycle Swaps Our billing and payment system provides for various billing cycle and payment timing options. In the event you desire to change billing cycles you must make a request to Fleet Receivables for a billing cycle change. Upon receipt of the request it will be a minimum of thirty (30) business days to change the billing cycle. In addition, any changes to billing cycles will not take effect until after the current cycle has closed. Cycle changes cannot be made mid-month or mid-week from monthly to weekly billing cycles and cycle changes cannot be made mid- week or mid-month from weekly to monthly billing cycles. Cycle changes can only be made once per calendar year for each billing entity. Other Discounts You agree that the only financial incentive to which you will be entitled for the use of accounts will be the Financial Incentives described in this Agreement. Specifically you hereby waive the right to receive the discounts provided within the WEX Electronic Fleet Payment System Authorization Agreement other than what is described herein. Billing and Payment Purchases are due and payable in full within 26 days of the date appearing on your invoice. WEX will review any act or law as it pertains to payment timing for the Sourcewell and its members. Upon review of such act or law WEX will agree that extended time to remit payment will NOT adversely affect the volume rebate available to Sourcewell members wex BANK unless such act or law permits payment to be made in excess of 45 days from the billing date appearing on the invoice. Customer shall make payment in accordance with, and within the time specified in, any specific prompt payment laws to which Customer is subject. Issuer will provide Customer with a billing statement for each Billing Cycle in which the Account has activity.Customer agrees to pay Issuer in full on or before the relevant cutoff time on or before the Due Date. Customer will pay Issuer for all credit extended under the Account, as well as any fees and charges, as provided in this Agreement. Customer is liable for all Transactions on the Account to the fullest extent permitted by applicable law, except as expressly provided in this Agreement. Customer may pay the entire balance of the Account or a portion of it, at any time prior to its Due Date without penalty. All payments must be made in United States dollars, using checks or similar payment instruments drawn on financial institutions in the United States or by payment through the Automated Clearing House network in accordance with Issuer's requirements. Payments made via paper check are posted to the Account after processing and must arrive at Issuer at least two Business Days before the Due Date on the billing statement. It can take up to two Business Days to process a check from the time the envelope containing a check arrives at Issuer's facility to posting of the check amount to the Account. For payments not made by paper check, payments on a Business Day before the cut-off will be posted on that Business Day. Payments after the Cut-off Time on a Business Day, or on a day other than a Business Day, will be posted on the following Business Day. The Cut-off Times for payments not made by check are as follows: a payment transaction made via Issuer's online payment portal must be completed by 3:00 p.m. ET; a payment transaction made via IVR must be completed by 3:00 p.m. ET; and a payment transaction made via ACH must arrive to Issuer by 3:00 p.m. ET. Regardless of payment method, Customer must ensure that Customer's account number is provided with the payment. Failure to do so will cause processing delays in posting the payment to the Account. Payments that are received at locations other than the address specified on the billing statement, or that do not otherwise comply with instructions on the billing statement or the Agreement, may be delayed in posting. Payments will be applied first to fees and then to other amounts owing on the Account. Issuer, in its sole discretion, may determine when to restore available credit in the Credit Limit after crediting a payment to an Account. Late Fees Late fees to be applied and paid in accordance with any specific prompt payment laws to which Customer is subject. If the Customer is not subject to a prompt payment law, the following applies. wex BANK If Customer fails to make payment in full by the applicable Due Date, or a payment is returned (each a "Payment Default"), then a fee (the "Late Fee") will apply to the Total Outstanding Balance (as defined below).The Late Fee will be the greater of$75 or 7.99% (for monthly Billing Cycles) of the Total Outstanding Balance on the Calculation Date, not to exceed the amount allowable by applicable law. For Billing Cycles other than monthly, the percentage rate used in the Late Fee calculation will be prorated based on the length of the billing cycle in relation to a monthly billing cycle. Customer will be considered to have made a payment to Issuer on an Account only when the payment is posted to the Account as provided in this Agreement. The "Calculation Date" is the earlier of(a)the posting date for Customer's payment in full of the invoiced amount to its Account, or(b)the last day of the Billing Cycle during which the Payment Default occurred.The "Total Outstanding Balance" is the invoiced amount, plus the amount of any unbilled Transactions delivered by a merchant to Issuer,and minus any credits that have posted to the Account,through the Calculation Date. Issuer will not charge a Late Fee if the unpaid portion of the invoice as of the Due Date is$10 or less. WEX Universal Fleet Card Fee Schedule Set-up Fee WAIVED Monthly Card Charge WAIVED Replacement Card WAIVED International Currency Conversion Fee 2%of the total transaction value Reproduced Reports $25.00 per request General Research Fee $15.00 per hour Expedited Shipping Fees Cost varies Returned Payment Fee $50.00 per occurrence Reactivation Fee $50.00 per occurrence(max monthly fee of$50.00) Truck Stop Fee $3.00 per card swipe at a diesel pumps Paper Delivery Fee $10.00 per month for paper invoicing and reporting Clearview Essentials WAIVED Clearview Advanced $0.50 per active card,per month Private Site Transaction Fee $0.15 per transaction Pricing for additional products and services is available upon request or reflected on the enrollment forms or in the terms of use that you must agree to in order to receive the additional products and services. 'At Tier 1 truck stops. WEX TELEMATICS PRICING Please see the attached "WEX Telematics Pricing.xlsx". Ui ex HANK WEX EV EN ROUTE & WEX AT-HOME SOLUTION WEX is able to offer two enhancements to our existing fuel card products which expand payment capabilities for electric vehicle ("EV") charging subject to the additional terms and conditions attached to this request. All participating entities may complete the attached enrollment form to opt-in to EV payment capabilities. The fees specified in the enclosed terms and conditions will apply. The EV En Route product expands the merchant network to allow payments through the WEX cards with 80%of public stations in the US and growing. Fleet managers benefit from integrated expense management for both internal combustion engine (ICE)vehicle fueling and EV charging through their WEX fleet account -- all on a single invoice. The WEX At-home solution allows fleets to enjoy the most cost-effective light-duty electric vehicle charging experience via residential electricity rates.The solution can support fleet managers through the process of having chargers installed in driver homes.Then, as drivers begin charging their fleet vehicle(s), the solution uses real-time electric utility rates to efficiently calculate accurate reimbursements for vehicle charging costs. Alternatively, fleet managers can choose to reimburse costs at a custom flat rate. Once the fleet manager approves each vehicle charge expense in WEX Online, funds are efficiently deposited into each driver's personal reimbursement account. WEX EV En Route &At-Home Fee Schedule RFID Monthly Charge $5.00 RFID Replacement Fee $10.00 Cost of EV Charge Cost varies on EV Charging Company At-Home Charging Solution Cost varies Sawatch Labs a WEX Company Please see the attached "Sawatch WEX EV Analytics Pricing" and "Sawatch Terms and Conditions" TELEMATICS CUSTOMER AGREEMENT THIS CUSTOMER AGREEMENT(-Agreement'),effective as of the date appearing on the Quote Sheet attached hereto(the'Effective Date') is made by and between WEX Inc.('WEX'),a Delaware corporation with offices located at 1 Hancock Street,Portland.Maine 04101 ('WEX,—'we,''us.'and-our')and the company identified in the Quote Sheet as Customer(also referred to herein as'you'and'your'). In consideration of the mutual covenants and conditions contained herein,and for other good and valuable consideration,the sufficiency of which is acknowledged by the parties.the parties agree as follows: 1. Telematics Products;Sale and License Grant. 3. Scope of Support Services. 1.1.WEX,as a licensed reseller of certain telematics devices('Devices')and 3.1. If purchased by Customer, WEX shall provide the support services related information management services ('Information Management described in this section 3. The fees for such support services are set forth Services." and collectively,with the Devices, "Telematics Products'). shall in the applicable Quote Sheet attached hereto. WEX may, in its sole provide such Telematics Products to Customer pursuant to the terms of this discretion, immediately suspend or terminate such support services if Agreement. Such Telematics Products may, at WEX's sole discretion, be Customer is in breach of or default under this Agreement. delivered directly to you by the manufacturer, our designees, or subcontractors. The Telematics Products vary based upon the model and 3.2.WEX or our designee shall provide support services upon your request service package that you select Such selections are identified in the during normal business hours(8:00 a.m. —5:00 p.m. ET, Monday-Friday) applicable Quote Sheet attached hereto or as otherwise agreed to by the through our toll free customer service number,which shall be supplied to you parties in writing. The Telematics Products collect specific data elements by your WEX sales representative. Depending on the nature of a reported from the vehicles or equipment on which the Devices are installed,enabling issue, we may refer you to our designated service providers for additional you to access diagnostic and location information from your vehicles and support. WEX shall use commercially reasonable efforts to correct material equipment via the Information Management Services. defects to enable the Telematics Products to perform in accordance with the applicable operating manuals. subject to any limitations or conditions set 1.2. Subject to and conditional upon your compliance with this Agreement forth in the specifications for the Telematics Products,as soon as practicable and any additional manufacturer terms of use applicable to the Telematics after notification of such defect. Products,WEX(i)transfers title to the Devices to Customer conditional upon our receipt of payment in full.and(ii)grants to Customer a limited,revocable. 3.3.Support services do not include repair,replacement,or correction of any non-exclusive.non-transferable,and non-sublicenseable license and right to defects caused by: use the Information Management Services during the Term (as defined a)Failure to property install the Devices as described in the operating manual below), solely in connection with your normal internal business operations provided to you,unless we performed the installation; and in accordance with any Terms of Use imposed by the supplier of such b)Accident,negligence,theft.vandalism.operator error or misuse,failure of Information Management Services.Customer shall not,directly or indirectly. or surges in electrical power, air conditioning or humidity control, abnormal resell, sublicense, or subcontract any use of or access to the Telematics conditions,acts of God(including lightning)or causes other than normal use, Products. c)Unauthorized modifications,attachments,repairs or unauthorized parts or any other breach by Customer;or 1.3.Certain functions of the Telematics Products require the use of third party d)Failure of a vehicle to be in good working condition. products or services("Third Party Products and Services).including wireless communication services. WEX has no obligation or liability whatsoever in 3 4 The manufacturers or supplier of the Telematics Products may respect of such Third Party Products and Services, and your use of such discontinue specific products,including related support.Support services for Third Party Products and Services, whether acquired independently or an end-of-life product will continue to be available up to the end-of-support through our third-party suppliers, is subject to any applicable terms and date.WEX shall use commercially reasonable efforts to provide written notice conditions of the applicable third party suppliers for such Third Party Products or any such end-of-support dates to Customer. At that time,WEX will offer and Services. Customer compatible Telematics Products, if available. Customer acknowledges that discontinuation of Telematics Products and related 2. Customer Responsibilities support services may be determined by the manufacturer or supplier of such Telematics Products and. as a result. WEX may not have the ability to 2.1.Customer is responsible for the installation of the Devices in all vehicles continue to offer the specific product and/or service,and may not be able to and approved equipment owned, leased or rented by Customer in provide advance notice to Customer of any such discontinuation. accordance with the applicable installation instructions provided by the specific Device's manufacturer. Upon Customer's request. and for an 3.5 Additional Services: WEX will in good faith consider and deliver additional fee,WEX may arrange for the installation of the Devices purchased reasonable additional professional services relating to the delivery of from WEX.In the event Customer does not make the vehicle(s)or equipment archived data to the extent requested by Customer. Customer shall available for the scheduled installation(s).WEX may charge Customer a-No compensate WEX for any such professional services,which services (and Show Fee'of up to the quoted cost of the scheduled installation(s). the rates attributable thereto)shall be communicated by WEX to Customer in an additional Quote Sheet,and Customer shall fully and without limitation 2.2.In addition,Customer shall: indemnify and hold harmless WEX for any claims or liabilities arising from the a)designate an employee to become the key coordinator for the Telematics provision of such additional services. Products; b) make such coordinator and all other designated personnel available for 4.Confidentiality and Non-Disclosure, training by WEX or our designee,as applicable;and c) use and operate the Telematics Products in accordance with any 4.1. Confidential Information. Except as set forth in section 4.3, instructions provided by WEX, the specific manufacturer and/or WEX's 'Confidential Information' means any information whether of a scientific. designee technical,commercial.or strategic nature,disclosed in written or oral form by a party,its affiliates, or on behalf of a party or its affiliates(the'Disclosing 2.3.Customer shall not.without WEX's prior written consent: Party')to the other party or its affiliates(the Receiving Party')in connection a) allow the Devices to become installed in,affixed to,made part of,or used with this Agreement, which is designated as confidential or proprietary or with any other goods or property other than in a vehicle or other approved should reasonably be understood by the Receiving Party to be confidential equipment owned,leased or rented by Customer; or proprietary. b) attach to or install on any Devices any accessory,attachment,or other device that would impair the originally intended function.operation or good 4.2. Non-Disclosure. The Receiving Party shall not disclose any working order of the Telematics Products; Confidential Information to any third party and shall not use any Confidential c) make any adaptation, modification, or alteration to the Telematics Information other than for the purpose of this Agreement;provided,however, Products;or the Receiving Party may disclose Confidential Information to its employees. d) copy, reverse engineer, decompile or disassemble or create derivate agents, representatives, advisors and affiliates ("Representatives") if and products(including any software or firmware)from the Telematics Products. solely to the extent(i)such disclosure is necessary to enable the Receiving Page 1 of 5 REV 12 JAN 2023 Party to perform its obligations under this Agreement, and (ii) such certification that you have complied with the foregoing; and (iii) you shall Representatives are bound by a fiduciary, legal, or written contractual cease all use of the Information Management Services obligation to safeguard confidential information that is at least as restrictive as the provisions of this Agreement. The Receiving Party shall use 6. Fees and Payment. commercially reasonable efforts to protect and maintain the secunty and confidentiality of all Confidential Information The Receiving Party is 6.1.Fees. During the Term,you shall pay us all fees set forth in the Quote responsible for any breach of confidentiality caused by any of its Sheet (the "Fees") In the event our manufacturers or service providers Representatives. change such fees or implement new charges applicable to us or the Telematics Products, we may change the Fees and/or implement new 4.3.Exceptions. Confidential Information does not include information that charges,effective upon thirty(30)days prior written notice to you. (i)at the time of disclosure is,or thereafter becomes,generally available to the public other than through any act or omission on the part of the Receiving 6.2. Payment Terms and Late Fee. Party or any of its Representatives;(ii)was known by or in the possession of a) Unless otherwise set forth on the Quote Sheet, all one-time Fees(for the Receiving Party pnor to being disclosed by or on behalf of the Disclosing Devices, installation services and shipping)will be applied to your account Party,as evidenced by the Receiving Party's written records,(iii)is acquired five(5)days after the Effective Date.All monthly service Fees will be invoiced on a non-confidential basis from a third party who has the lawful and sixty(60)days from the Effective Date or upon Device activation,whichever unrestricted right to disclose such information to the Receiving Party;or(iv) event occurs first, and will continue during the Term Unless otherwise is independently developed by the Receiving Party without reference to or expressly stated in this Agreement, you shall pay all applicable shipping use of,in whole or in part,any Confidential Information,as evidenced by the costs,freight,and sales and/or use taxes Receiving Party's wntten records. b) In order to obtain Telematics Products and related services from WEX as 4.4.Other Disclosures.Notwithstanding the obligations of nondisclosure set set forth herein, you must have a valid fleet card account open, with an forth in section 4 2 "active" status (i e., not suspended or terminated),with our wholly owned a) the Receiving Party or its Representatives may disclose Confidential subsidiary,WEX Bank.We will bill you for all Fees relating to products and Information to the extent required by applicable law, regulation,or a valid services hereunder on your fleet card billing invoice.These Fees will appear order issued by a court or governmental agency of competent jurisdiction, on your invoice as an ancillary charge and will not be included in any provided that:(i)the Receiving Party shall first notify the Disclosing Party in calculation of net spend for purposes of calculating any applicable discounts writing of such required disclosure so that the Disclosing Party may seek a or rebates with respect to your fleet card account You shall pay all amounts protective order or other remedy, or, in its sole discretion, waive the without offset. In the event that your billing cycle is less than monthly for your Receiving Party's compliance with this Agreement;and(ii)if the Disclosing fleet card program with WEX Bank,we will bill you for the Fees in the first Party does not obtain such protective order or other remedy, or does not billing cycle of each month. In the event that your fuel card account is waive the Receiving Party's compliance with this Agreement,the Receiving suspended or terminated pursuant to the terms and conditions of such Party will disclose only that portion of the Confidential Information as is legally account, then your receipt of services hereunder may be correspondingly required and shall exercise all reasonable efforts to obtain confidential suspended or terminated,as the case may be. treatment of the Confidential Information;and c) For the avoidance of doubt, unless otherwise set forth in writing (and b)WEX may disclose Customer's Confidential Information to Customer's notwithstanding any additional fees payable pursuant to this Agreement), vendors,customers,or providers of goods or services and other third parties Customer's obligations to pay for the Telematics Products and any related as authorized in writing by Customer to the extent necessary to provide the shipping,installation,or other charges appearing on a Quote Sheet will be Telematics Products. governed by the payment terms(including late fees and other related terms and conditions)set forth in Customer's fleet card agreement with WEX Bank. 5. Term and Termination. 7. Ownership of Data and Technology. a) The initial term of this Agreement commences on the Effective Date and, unless terminated earlier pursuant to any of this Agreement's express a) Customer acknowledges and agrees that the Telematics Products are provisions,will continue in effect for the period set forth in the Quote Sheet, comprised of propnetary property of either WEX or our manufacturers or which generally will be a period of at least twenty-four(24)months(the"Initial suppliers, which property is protected under copyright, trademark, patent, Term").Upon expiration of the Initial Term,this Agreement will automatically trade secret or other intellectual property laws. WEX or our manufacturers renew at our then-current Fees for successive periods as set forth in the or suppliers retain ownership of all such underlying copyrights,trademarks, Quote Sheet, which generally will be either one (1)month or twelve (12) trade secrets or other intellectual property rights embodied in or related to the months (each a 'Renewal Term," and together with the Initial Term, the Telematics Products. Information related, directly or indirectly, to the "Term")unless either party provides written notice of non-renewal to the other Telematics Products, their development, testing and all other matters are party within the nonrenewal notice period set forth in the Quote Sheet,which trade secrets and constitute Confidential Information pursuant to section 4 of generally will either thirty(30)or sixty(60)days prior to the expiration of the this Agreement. All rights, title to, interests in, and ownership of any Initial Term or any Renewal Term. In addition to any other express intellectual property rights in the Telematics Products and any and all termination nghts set forth elsewhere in this Agreement, either party may improvements, modifications, fixes or enhancements to the Telematics terminate this Agreement at any time, effective upon wntten notice to the Products and any value added services that may be provided by WEX or its other party,if the other party breaches any material term or condition of this designee or that arise under this Agreement, regardless of whether such Agreement and such breach(i)is incapable of cure,or(ii)being capable of items or services are created or suggested by you,are and will remain the cure,remains uncured(30)days after written notice from the non-breaching property of WEX or our manufacturers and service providers,as applicable party. If you terminate this Agreement without cause,or if we terminate this You acknowledge such ownership and intellectual property rights and shall Agreement as a result of your material breach,you shall be required to pay not remove or attempt to remove any marks, labels, or legends from the an early termination fee of seventy-five US dollars(US$75.00)per Device, Telematics Products,or take any other action to jeopardize,limit,or interfere plus,to the maximum extent permissible under applicable law,you shall be in any manner with our ownership of these rights required to pay the equivalent of any reoccurring monthly service and device/hardware Fees for the remainder of the Term b) Customer shall not copy, modify, reverse-engineer, dissemble, or decompile any Telematics Products,and shall not disclose or provide access In addition,we may terminate this Agreement at any time if you:(i)become to the Telematics Products to any third party for such purpose. Customer insolvent or bankrupt; (ii)reorganize your business, make an assignment shall notify WEX immediately of any unauthorized use or disclosure of the under,or otherwise advantage as a debtor of,bankruptcy or insolvency laws; Telematics Products, including the intellectual property relating thereto. (iii)take any steps to wind up or otherwise terminate your existence as a legal Under no circumstances whatsoever will Customer's access to the entity;(iv)cease operating your business;or(v)breach any material term or Telematics Products or receipt of any support services provided by WEX condition of any other agreement between you and us(or our affiliates)and under this Agreement vest or transfer any ownership or similar nght,title,or you fail to cure such breach within the applicable cure period. interest in or to the underlying intellectual property embodied in or related to the Telematics Products provided to Customer. b)Upon expiration or any termination of this Agreement (i)all rights granted to you under this Agreement will immediately cease;(ii)you will permanently c)Customer will retain all title and other proprietary rights in and to any erase all WEX Confidential Information from your systems and destroy,to the Customer data captured based on its use of the Telematics Products. extent practicable, all copies of the Information Management Services Notwithstanding the foregoing and the nondisclosure obligations in section software in your possession or control,and,upon our request,provide wntten 4.2,WEX may use,retain,disclose to third parties,and reproduce in any form pursuant to its business operations all statistics and data delivered to or Page 2 of 5 generated using the Telematics Products that: (i)pertains to the technical 8.2.Limitation of Liability. and operational functionality of the Telematics Products;(ii)is necessary or a) Neither party will be liable for consequential, special, indirect or useful in assisting WEX in the diagnosis or correction of issues in the incidental losses or damages. including lost profits or lost data,even if that Telematics Products, preparation of billing statements,the evaluation of its party is made aware those damages may occur or such damages are software or services, or any improvements, upgrades or enhancements reasonably foreseeable;provided,however,that the foregoing exclusions will thereto,or the compilation of statistical or performance information;or(iii)is not apply to Customer's breach of its obligations under sections 4, 6, 7, or accumulated by WEX on an aggregated basis. 8.3 of this Agreement. To the maximum extent permitted by law, WEX'S cumulative liability under this Agreement (whether for direct or third-party 8. Limited Warranty and Disclaimers;Limits of Liability. claims)shall not exceed the total amount paid by Customer to WEX during the two(2)month period immediately preceding the date the cause of action 8.1.Limited Warranty. fora claim arose. a) The Telematics Products are covered by warranties offered by the applicable manufacturer or supplier.As a reseller,WEX does not extend any b) WEX is not responsible for delays in delivery,installation or provision of further warranties to Customer with respect to the Telematics Products,but the Telematics Products if such delay is caused by Customer's breach of this will coordinate warranty claims on behalf of Customer with the applicable Agreement. manufacturer or supplier in accordance with the terms of this Section 8.1. The terms and conditions of such manufacturer or supplier warranty may be c) Customer acknowledges that the Telematics Products are supported by included within the terms and conditions entered into by and between a wireless device and that data cannot be collected from a Device once it Customer and such manufacturer or supplier, if applicable. If Customer is travels beyond a certain range. unless satellite or'dual mode' options are unable to locate a copy of such warranty, it may request a copy from the purchased. In addition, the Telematics Products are dependent on the manufacturer or supplier,or from WEX. coverage areas of wireless networks owned and operated by third parties. Such manufacturer or supplier warranty may specify a warranty period during Coverage areas are approximate and may not cover portions of North which the warranty applies, but if no such period is specified therein, the America.Actual coverage and operation of the Telematics Products depends warranty period, with respect to the Devices, will be one(1)year from the on system availability of the wireless or Internet providers(including those date the Device is shipped and with respect to the Information Management that provide the mapping services), which are not in WEX's control. Services will be one(1)year from the date the applicable non-conforming Customer understands that WEX, and any underlying carriers, cannot and Information Services were provided.References herein to'Warranty Period" do not guaranty the security of wireless transmissions and will not be liable will be interpreted consistent with the foregoing. for any lack of security or unauthorized use or disclosure of information or You acknowledge that the warranty provided by a Telematics Product's data relating to the use of the Telematics Products. manufacturer or supplier may be amended or terminated prior to the expiration of the Warranty Period.In such event,WEX will use commercially d) Customer acknowledges that use of the Telematics Products will not:(I) reasonable efforts to provide notice of any such amendment or termination prevent or detect all vehicle problems;or(ii)guarantee that a vehicle will not to you. break down or that you will not incur repair bills. Customer acknowledges You acknowledge and agree that. except to the extent otherwise set forth that the Telematics Products should not be used in lieu of a vehicle warranty herein,your sole recourse with respect to any claims arising from the use of or standard maintenance. Customer further understands that the Telematics the Telematics Products shall be to the manufacturer or supplier of such Products do not detect failures of internally lubricated parts and systems of a Telematics Products.and not to WEX. vehicle that are not monitored by the vehicle's computer b) If you would like WEX to coordinate a claim under any available e) Customer acknowledges that even if location based data or the manufacturer or supplier warranty during the Warranty Period, you must Telematics Products are used to attempt to locate a vehicle or equipment in promptly notify us after you learn of the facts supporting the claim. Upon which a Device has been installed or affixed,WEX provides no guaranty that receipt of such timely notification, WEX shall notify the manufacturer or the vehicle or equipment will be successfully located or recovered. supplier,which in its sole discretion,shall troubleshoot,repair,or replace the non-complying Device or re-perform the Information Management Services, f) WEX shall have no liability of any kind or nature to Customer for as applicable: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE (i)loss of or damage to a vehicle in which a Device has been installed or its FOREGOING CONSTITUTES OUR SOLE AND EXCLUSIVE contents,or(ii)personal injury to persons occupying or affected by a vehicle OBLIGATIONS AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY in which a Device has been installed. WARRANTY CLAIMS. 8.3.Indemnification. WEX does not provide warranties on items Customers acquire from others, a) Customer shall defend. Indemnify.and hold harmless WEX and WEX's even if acquired with our assistance. affiliates, manufacturers, licensors, and suppliers. and each of their respective employees, directors, principals, and agents (each a 'WEX WEX's obligations under this section 8.1 are void if Customer is in breach of Indemnified Party) from and against all losses, costs, damages, suits. or default under this Agreement.Unless otherwise agreed in wnting,service proceedings, hens, penalties, fines and liabilities arising from or related to downtime is not a breach of this Agreement and will not entitle you to any any claim, demand, complaint, or action by a third party arising out of or refunds or credits. incident to your (i) possession, distribution, installation or use of the Telematics Products in violation of this Agreement or applicable law,or(ii) c)WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN breach of any Terms of Use imposed by the manufacturer or supplier of the THIS AGREEMENT.THE TELEMATICS PRODUCTS ARE PROVIDED ON Telematics Products. AN 'AS IS" BASIS TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WEX DISCLAIMS ALL REPRESENTATIONS, You further agree to defend and hold harmless all WEX Indemnified Parties CONDITIONS, AND WARRANTIES OF ANY KIND, EXPRESS OR against any and all claims for libel.slander,property damage,personal injury IMPLIED, INCLUDING ALL REPRESENTATIONS, CONDITIONS, AND or death arising in any way,directly or indirectly,from or in connection with WARRANTIES OF NONINFRINGEMENT,MERCHANTABILITY,QUALITY, this Agreement or the use,failure to use, or inability to use the Telematics PERFORMANCE. DURABILITY, TITLE, FITNESS FOR A PARTICULAR Products. WEX may participate in the defense of any claim, provided, PURPOSE,AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW however, that nothing in this Agreement shall limit your right to control the OR FROM A COURSE OF DEALING OR USE OF TRADE. WITHOUT defense. LIMITING THE GENERALITY OF THE FOREGOING, WEX MAKES NO REPRESENTATION,WARRANTY,COVENANT,OR GUARANTY THAT:(i) b) WEX shall defend, indemnify, and hold harmless Customer from and ANY OF THE TELEMATICS PRODUCTS WILL MEET YOUR BUSINESS against all losses,costs.damages.suits,proceedings,liens,penalties.fines NEEDS OR OTHER REQUIREMENTS:(ii)THE TELEMATICS PRODUCTS and liabilities arising from or related to any claim. demand, complaint, or WILL OPERATE OR BE PROVIDED WITHOUT INTERRUPTION: OR(iii) action by a third party arising out of or incident to WEX's gross negligence THE TELEMATICS PRODUCTS WILL BE ERROR-FREE, VIRUS-FREE, willful misconduct or fraud as it relates to WEX's obligations under this OR THAT ANY DATA OR INFORMATION PROCESSED BY AND MADE Agreement.and in particular the support services provided by WEX as set AVAILABLE VIA THE TELEMATICS PRODUCTS WILL BE ACCURATE. forth in Section 3.2. COMPLETE. OR AVAILABLE. YOU ASSUME THE ENTIRE RISK IN DOWNLOADING OR OTHERWISE ACCESSING ANY DATA. c)WEX will not be required to provide indemnity for the Telematics Products INFORMATION, FILES OR OTHER MATERIALS OBTAINED FROM THE in excess of any indemnity actually provided to Customer by such Telematics TELEMATICS PRODUCTS OR OTHERWISE Products'original equipment manufacturer or distributor(provided WEX will take commercially reasonable efforts to pursue any such indemnity to the extent available under its agreements with such third parties).Customer shall Page 3 of 5 I notify WEX in writing of such claim upon receiving actual notice thereof WEX will have sole control of the defense of any such action and all negotiations e) WEX may, in its sole discretion, modify this Agreement at any time, for its settlement or compromise, and Customer shall provide reasonable effective upon thirty(30)days prior written notice to Customer. cooperation to facilitate the defense and/or settlement of such claim. f) This Agreement, including all Quote Sheets will be governed by and d)Notwithstanding the foregoing,WEX's indemnification obligations under construed in accordance with the laws of the State of Maine,without giving section 8.3(b)will not apply to the extent that any claim arises from the:(i) effect to its conflict of laws principles and without reference to the United use of the Telematics Product in a manner not permitted by this Agreement; Nations Convention on Contracts for the International Sale of Goods.The (ii)unauthorized modification of any Telematics Product; (iii)unauthorized parties agree voluntarily,intentionally,and irrevocably to waive all right to trial combination of any Telematics Product with any other product or service in a by jury in any proceeding instituted in any court,arising out of this Agreement, manner that is not expressly authorized by WEX;or(iv)any other breach by and agree to resolve such matters as provided in section 10(Arbitration). Customer of this Agreement. The parties hereby consent to the junsdiction of any local,state,or federal court in which an action is commenced and located in accordance with the e) Without limiting the other obligations of this section 8.3,if an injunction is terms of this section 9(f).The parties will not disturb such choice of forum issued against Customer's use of any Telematics Product provided to you by and,if not resident in such state,will waive the personal service of any and WEX or its designee,or if in WEX's sole judgment any Telematics Product all process upon them and consent that such service of process may be provided to you by WEX or its designee is likely to become the subject of an made by certified or registered mail,return receipt requested,addressed to infringement claim, WEX may, at its option and expense: (i) procure for the parties as set forth herein. Customer the right to use the applicable Telematics Product as provided in this Agreement;(ii)replace or modify the Telematics Product so it becomes g) The parties are independent contractors and nothing in this Agreement non-infringing(with equivalent functionality,quality and performance);or(iii) will be deemed or constructed as creating a partnership, joint venture, if options (i) or (ii) cannot be achieved despite WEX's commercially association, agency or employment relationship between the parties. reasonable efforts, WEX may, as applicable: (A)terminate the license to Moreover,WEX is not and will not be considered an agent of Customer or access and use the Information Management Services and refund to any third-party provider of goods or services provided by Customer. Customer any prepaid but unused Fees,and/or(B)accept the return of all Devices in Customer's possession and refund to Customer an amount equal h) If any provision of this Agreement is held to be invalid, illegal, or to the depreciated Fees paid by Customer for the Devices calculated on a unenforceable in any jurisdiction, such provision will, as to such specific straight-line basis over a three(3)year period from the date of purchase. junsdiction, be ineffective to the extent of such invalidity, illegality, or Sections 8.3(b)-(e)set forth Customer's exclusive remedy for any actual or unenforceability,but the remaining provisions of this Agreement shall remain alleged intellectual property infringement arising in connection with in full force and effect (except as specifically provided in section 10 Customer's receipt or use of the Telematics Products. (Arbitration),and any such invalidity, illegality,or unenforceability shall not invalidate or render unenforceable such provision in any other jurisdiction. The parties' respective Indemnification obligations in this Section 8.3 are Furthermore,if any restriction or limitation in this Agreement is deemed to be subject in all respects to the limitations set forth in Sections 8.1 and 8.2 unenforceable because it is unreasonable,onerous,or unduly restrictive, it will not be stricken in its entirety and held totally void and unenforceable,but 9. General Provisions. will remain effective to the maximum extent permissible within the court ruling. a) Customer shall comply with all applicable laws, rules, regulations, and orders,including privacy laws,relating to Customer's business and/or use of i) The terms and provisions of sections 1,2.3,4,5,6,7,8 and 9,and any the Telematics Products. Customer shall cause all of its affiliates, other terms or provisions which by their nature are intended to survive,shall employees,agents and consultants(collectively"Associates")to comply with survive any termination or expiration of this Agreement. the terms of this Agreement and will be fully responsible and liable for the acts or omissions of any Associate. As may be required by law,Customer j)This Agreement may be executed in counterparts,each of which is deemed shall make all disclosures to, and obtain all informed consents from, all an original, but all of which together are deemed to be one and the same Associates who use or may use vehicles or equipment with Devices installed agreement. A signed copy of this Agreement delivered by email or other that information relating to use of such vehicles or equipment may be means of electronic transmission is deemed to have the same legal effect as monitored and collected by Customer. delivery of an original signed copy of this Agreement. b) Customer shall fully comply with all applicable export and import laws, 10. Arbitration. regulations,orders,and policies,including securing all necessary clearance PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. requirements, export and import licenses and exemptions, and making all proper filings.We may,at our sole discretion and upon reasonable notice, 10.1. This section 10 provides that disputes may be resolved by binding require you to provide us with written certification and records relating to your arbitration.Arbitration replaces the right to go to court, have a jury trial or compliance with applicable export and import laws,or prohibit you from doing initiate or participate in a class action.In arbitration,disputes are resolved by business with certain customers to ensure that you comply with applicable an arbitrator,not a judge or jury.Arbitration procedures are simpler and more export and import laws. limited than in court.This arbitration is governed by the Federal Arbitration Act(FAA),and will be interpreted in the broadest way the law will allow. c) This Agreement shall inure to the benefit of and shall be binding upon the parties and their respective successors and permitted assigns,including the 10.2 Covered Claims. acquirer or transferee of the assets or business interests of a party. a) Customer or WEX may arbitrate any claim,dispute,or controversy(each Notwithstanding the foregoing, Customer may not transfer or assign this a "Claim") between Customer and WEX arising out of or related to this Agreement or assign or delegate any of its rights under this Agreement, in Agreement or the relationship between Customer and WEX. Claims include whole or in part,whether voluntarily,by operation of law,or otherwise,without disputes relating to incentives or benefits relating to your account. the expressed prior written consent of WEX. WEX may assign or novate this Agreement in its sole discretion by way of written notice to Customer. b)If arbitration is chosen by any party,neither Customer nor WEX may litigate that Claim in court or have a jury trial on that Claim d) This Agreement, together with the Quote Sheet constitutes the entire Agreement between the parties with respect to the subject matter hereof and c)Except as stated below,all Claims are subject to arbitration,no matter the supersedes all prior and contemporaneous understandings and agreements legal theory on which they are based on or the remedy (damages, or between the parties, whether written or oral, relating to the same subject injunctive or declaratory relief)they seek, including (i) Claims based on matter. contract, tort (including intentional tort), fraud, agency, any party's negligence,statutory or regulatory provisions, or any other sources of law; Customer acknowledges and agrees that upon its receipt and usage of the (ii) Claims made as counterclaims, cross-claims, third-party claims, Telematics Products,it shall have a direct relationship with the manufacturer interpleaders, or otherwise; (iii) Claims made regarding past, present, or or supplier of the Telematics Products,and that its direct relationship with the future conduct;and(iv)Claims made independently or with other claims This manufacturer or supplier of the Telematics Products,which includes any and also includes Claims made by or against anyone connected with Customer all product warranties that such manufacturer or supplier may offer with or WEX,or by someone making a claim through Customer or WEX,such as respect to such Telematics Product(s),shall be governed,as applicable,by an employee, agent, representative or an affiliated/parent/subsidiary the terms and conditions entered into by and between Customer and such company. manufacturer or supplier,which terms and conditions may deviate from this Agreement. Page 4 of 5 10.3 Arbitration Limits discovery,but the arbitrator shall honor claims of privilege recognized at law a)Individual Claims filed in a small claims court are not subject to and shall take reasonable steps to protect Confidential Information of either arbitration,as long as the matter stays in small claims court. party if requested to do so. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may b)Claims brought as part of a class action,private attorney general,or other award damages or other relief under applicable law. representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative e)The arbitrator will make any award in writing and,if requested by Customer basis and may award relief only on an individual basis.If arbitration is chosen or WEX, will provide a brief statement of the reasons for the award. An by any party, neither Customer nor WEX may pursue a Claim as part of a arbitration award will decide the rights and obligations only of the parties class action or other representative action.Claims of 2 or more persons may named in the arbitration,and will not have any bearing on any other person not be combined in the same arbitration. or dispute. 10.4 How Arbitration Works. 10.5 Paying for Arbitration Fees.Arbitration fees will be allocated according a) Arbitration will be conducted by the American Arbitration Association to the applicable AAA Rules. All parties are responsible for their own ('AAA') according to this arbitration provision and the applicable AAA attorney's fees. expert fees, and any other expenses, unless the arbitrator arbitration rules in effect when the claim is filed(-AAA Rules').except where awards such fees or expenses to Customer or WEX based on applicable law. those rules conflict with this arbitration provision. The AAA Rules may be obtained at the AAA's website (www.adr.org) or by calling 800-778-7879. 10.6 The Final Award. Customer or WEX may choose to have a hearing,appear at any hearing by a)Any award by an arbitrator is final unless a party appeals it in writing to the phone or other electronic means,and/or be represented by counsel.Any in- AAA within 30 days of notice of the award. The arbitration appeal shall be person hearing will be held in the same city as the U.S.District Court closest determined by a panel of 3 arbitrators.The panel will consider all facts and to Customer's billing address legal issues anew based on the same evidence presented in the prior arbitration,and will make decisions based on a majority vote.Arbitration fees b) If the AAA is not available to conduct the arbitration, then Customer or for the arbitration appeal will be allocated according to the applicable AAA WEX may petition a court of appropriate jurisdiction to designate an Rules. An award by a panel on appeal is final A final award is subject to appropriate arbitrator. judicial review as provided by applicable law. c)Arbitration may be requested at any time,even where there is a pending b)A final award may be entered in any court of appropriate jurisdiction. lawsuit, unless a trial has begun or a final judgment entered. Neither Customer nor WEX waives the right to arbitrate by filing or serving a 10.7 Survival and Severability of Terms. This arbitration provision will complaint.answer,counterclaim,motion,or discovery in a court lawsuit.To survive changes in this Agreement and termination of your account or the choose arbitration,a party may file a motion to compel arbitration in a pending relationship between Customer or WEX, including the bankruptcy of any matter and/or commence arbitration by submitting the required AAA forms party and any sale of your account,or amounts owed on your account. to and requisite filing fees to the AAA. another person or entity. If any part of this arbitration provision is deemed invalid or unenforceable. the other terms shall remain in force, except that d)The arbitration will be conducted by a single arbitrator in accord with this there can be no arbitration of a class or representative Claim.This arbitration arbitration provision and the AAA Rules, which may limit discovery. The provision may not be amended, severed, or waived,except as provided in arbitrator shall not apply any federal or state rules of civil procedure for this Agreement or in a written agreement between Customer or WEX. Page 5 of 5 MFR NAME MFR PART NO PRODUCT NAME PRODUCT DESCRIPTION UO1 COO WEX List Pric Sourcewell Price Discount Rate Z6 is a dual camera that is designed to capture images and features in front of the Surfsight Al-12 Camera Al-12 vehicle and of the vehicle cab environment. EA USA $ 399.00 $ 300.00 24.81% Integrated Video Service AI-12 is a dual camera that is designed to Monthly Al-12 into MyGeotab capture images and features in front of the Surfsight Service Application vehicle and of the vehicle cab environment. EA USA $ 45.00 $ 30.00 33.33% Plug n Play GPS device with OBDII connectivity (Light Duty Vehicles) It supports engine diagnostics and includes battery back up for alerting when the unit loses power or is unplugged. Supports quick, easy and Geotab GO Device GO Device inexpensive (self) installation. EA USA $ 150.00 $ 100.00 33.33% GoRugged Ruggedized telematics device for harsh Geotab Device GoRugged Device conditions or external installation. EA USA $ 199.00 $ 149.00 25.13% Any of the following: HRN-BS16S4 HRN-CW03K3-A HRN-DS06S4 HRN-DS06T2-A HRN-GS09K2 HRN-GS16K22-A HRN-GR09K1-A HRN-RS12S2 Geotab Harnesses Harness HRN-RW03K4-A EA USA $ 50.00 $ 35.00 30.00% Base Monthly Monthly Subscription Service for GO Devices Geotab Service Base Monthly Service with base level data EA USA S 13.00 $ 10.00 23.08% Pro Monthly Geotab Service Pro Monthly Service Monthly Subscription Service for GO Devices EA USA $ 21.95 $ 16.00 27.11% Pro-Plus Monthly Monthly Subscription Service for GO Devices Geotab Service Pro Plus Monthly Service with pro plus level data EA USA $ 29.95 $ 19.00 36.56% ProPlus Self-Installation Bundle - includes (1) GO device and (1) harness listed below Geotab GO9 Standard C GO9 Standard Device EA USA $ - $ - 0.00% Geotab GR9 Standard C GR9 Standard Device EA USA $ 30.00 $ 20.00 33.33% HRN-BS16S4 HRN-CWO3K3- A HRN-DSO6S4 HRN-DSO6T2-A HRN-BS16S4 HRN-GS09K2 HRN-CWO3K3-A HRN-GS16K22- HRN-DSO6S4 A HRN-DSO6T2-A HRN-GRO9K1- HRN-GS09K2 A HRN-GS16K22-A HRN-RS12S2 HRN-GRO9K1-A HRN-RWO3K4- HRN-RS12S2 Geotab A HRN-RWO3K4-A $ - $ - 0.00% Self-Installation Bundle Plans ProPlus Self- ProPlus Self- Installation Installation Bundle Geotab Bundle Plan Plan EA USA $ 34.95 $ 20.95 40.06% Docusign Envelope ID:FDC50F27-399A-47A3-926D-5825CAC44F7B Sawatch Labs, a WEX Company Analytics Pricing for Sourcewell Addition 1. ezEV: Data-driven fleet electrification software for EV suitability assessment 2. ezlO: EV charging infrastructure needs identification 3. EMIT: Fleet Emissions Reporting Vehicle Count Annual Total Price Per Month (up to) 25-Jan S7,500 $625 26-50 S12,000 $1,000 51-100 $18,000 $1,500 101-200 $21,600 $1,800 201-500 $30,000 $2,500 501-1000 $48,000 $4,000 1001-2000 $72,000 $6,000 2000+ Enterprise Pricing Consulting Hours Rate ($/hour) Analytics Support, Junior Analyst 150 Analytics Support, Senior Analyst 175 / i44;AL. SAWATCH T&Cs for Sawatch Analytics for Sourcewell This Analytics Agreement, including all attachments and order forms (this "Agreement') is effective as of the last signature date set forth in the signature block of this Agreement (the "Effective Date") and is by and between Sawatch, Inc., a WEX Company d/b/a Sawatch Labs ("Sawatch") on behalf of itself and its affiliates and Client. Sawatch and Client may also hereinafter be individually referred to as "Party" and collectively as "Parties." For good and valuable consideration, the receipt and sufficiency of which are hereby agreed and acknowledged, the Parties hereby agree as follows: 1. Definitions. Capitalized terms not otherwise defined in this Section 1 shall have the meanings assigned to them throughout this Agreement. 1.1 "Applicable Laws" means all laws, statutes, ordinances, treaties, codes, regulations, rules, governmental orders, and other regulatory requirements applicable to the delivery, use, access to, licensing of, and receipt of the System. 1.2 "Client" means the entity identified on the signature block. 1.3 "End User" means an employee requiring access to the System, and where each such employee has been authorized by the Client to access and the System pursuant to the Client's license set forth in this Agreement and has been provided a password or access code for authentication purposes. 1.4 "Client Data" means information and data that the Client uploads or inputs during the Term into the System or provides to Sawatch to enable Client's use of the System excluding Sawatch Data. 1.5"System" means the Sawatch software, tool, and associated services as applicable, provided to Client pursuant to this Agreement. 1.6 "Term" has the meaning set forth in Section 4 (Term and Termination). 2. License. 2.1 Grant of License. Subject to the terms of this agreement and conditioned on timely payment and compliance with Applicable Laws, Sawatch hereby grants to the Client a non- exclusive, non-assignable, non-transferable limited license during the Term to: a) use the System solely for its own business use; and b) use and access the System up to the number of End Users as authorized under the applicable order form or as otherwise expressly set forth in this Agreement. 2.2 Acceptable Use and Use Limitations. Client will not directly or indirectly: a) make the System available to anyone other than End Users; b) reverse engineer, copy, modify, make derivative works of the System; decompile, decode, adapt, or otherwise attempt to gain access to or derive the source code of the System in whole or in part c) develop a competing product; d) exceed the total number of End Users authorized; e) rent, lease, distribute, perform a service bureau function, sublicense, sell, publish, transfer, assign, or otherwise make the System available; or f) remove any proprietary notices from the System or use or access the System in any manner that misappropriates, infringes, or violates the intellectual property rights or rights of a party or that violates Applicable Laws. /*Aaib.. SAWATCH 2.3 Reservation of Rights. Sawatch reserves all rights not otherwise expressly granted or set forth in this Agreement. 2.4 Sawatch shall provide services, support, and/or other items as may be identified in an attachment or order form, to the extent applicable. 3. Fees and Payment. 3.1 Fees. Client shall pay applicable fees set forth in Attachment 1. 3.2 Invoicing. Invoicing will occur on a monthly basis. ACH payment processing is possible, but Client acknowledges and agrees that Client will contact Sawatch for set up and accepts the requirement of fees, including those resulting from set up procedures. Moreover, Client acknowledges and agrees that: a) A service fee of three percent (3%) will be added to all credit card payments, where such service fee is subject to adjustment with at least ninety (90)-day prior written notice to Client pursuant to updates to credit card requirements, policies, and procedures; b) Client shall be responsible for a $25 fee for non-sufficient funds; c) In addition to other rights and remedies that may be available to Sawatch, payments made after the due date will be subject to interest on the past due amounts at a rate of 1.5% per month calculated daily, compounded monthly, or the highest rate permitted under Applicable Laws. Moreover, if outstanding amounts due (including interest and/or late fees) equal or exceed five thousand dollars ($5,000), then in addition to other rights and remedies, Sawatch shall have the right to suspend access to any products and/or services, including the System under this Agreement or to terminate the Agreement without waiving any rights to pursue payment. 3.2 Taxes. The fees provided in the pricing table as set forth in Attachment 1 (Fees and License) are exclusive of taxes and similar assessments. Client shall be responsible for all applicable taxes, including all sales, use, and excise taxes and any similar charges imposed by any federal, state, or local regulatory authority payable by a licensee of software. Client shall not be responsible for taxes assessed on Sawatch's real estate or income. 4. Term and Termination. 4.1 Term. The initial term of this Agreement shall be twelve (12) months starting on the Effective Date, unless terminated earlier as permitted under this Agreement (the "Initial Term"). If neither Party provides written notice of non-renewal to the other Party at least thirty (30) days before the anniversary of the Effective Date, then the Agreement shall renew automatically on a month-to-month basis for up to four (4) additional years (where "Renewal Term" shall mean any extension period (both monthly and yearly), and the Initial Term and Renewal Term collectively shall mean the "Term"), after which time the Parties may extend or renew by amendment. 4.2 Termination. a) For convenience: After the Initial Term, either Party can terminate at any time for convenience with thirty (30)-day prior written notice to the other Party. b) For Sunset: In the event there is a product sunset as described in Section 4.3, either Party may SAWATCH terminate after (i) Sawatch provides notice of the anticipated sunset and then reasonable confirmation that there will not be a reasonable replacement as described in Section 4.3, and subsequently (ii) upon the applicable Party's written notice to the other Party of its intent to terminate. c) For cause: i. Sawatch may terminate: (A) fourteen (14) days after Sawatch has provided written notice to Client of Client's failure to pay amounts due (i.e., Client has failed to cure its failure to pay after a fourteen (14) day notice); (B) immediately with written notice to Client for Client's breach of its license; and (C) immediately with written notice to Client for Client's breach of its obligations under Section 6.3 (Confidentiality). ii. Either Party may terminate: (A) upon written notice to the other Party if a Party materially breaches the Agreement and fails to cure the breach within thirty (30) days after the other Party provided written notice of such breach; (B) immediately upon written notice to the other Party if a Party materially breaches the Agreement, and the breach is a type that is incapable of being cured; and (C) upon written notice to the other Party if the other Party becomes insolvent, files for bankruptcy, a receiver for such Party is appointed in any suit or proceeding is brought by or against such Party, or there is an assignment by such Party for the benefit of such Party's creditors, any order for relief in bankruptcy is issued. 4.3 Changes. Sawatch may make changes to the System in its sole discretion from time to time, including bug fixes, updates, enhancements, patches, modifications, new versions, and in certain instances, sunset of a particular product, tool, or software and price updates. In the event that Sawatch anticipates a material change, Sawatch will provide Client with at least forty-five (45) days' prior written notice of such change in advance of any such change taking effect. If there is a product sunset where in Sawatch's reasonable belief it does not anticipate that there will be reasonable replacement with substantially similar or improved features, functionality or capabilities, then Client shall be entitled to exercise its right to terminate under Section 4.2b) above. 4.4 Effect of Termination. Upon termination or expiration of this Agreement: a) the license to the System shall terminate immediately, and Client shall cease all access to and use of the System, and Client shall ensure all personnel, including End Users discontinue all access to and use of the System as of the date of termination or expiration, as applicable; b) if a version of the System has been downloaded, copied, or any code is otherwise available to Client, Client shall delete or destroy (if in physical form) all versions of the System or any code received from Sawatch or pursuant to this Agreement that is in Client's control or environment; c) Client shall delete or destroy (if in physical form) all copies of Sawatch confidential information; and d) if requested by Sawatch, Client shall confirm in writing by an authorized representative of Client that it has complied with Sections 4.4a), b) and/or c). 5. Intellectual Property. 5.1 System. As between the Parties, Sawatch owns all right, title, and interest, including all intellectual property rights, in and to the System. 5.2 Client Data. As between the Parties, Client retains all right, title, and interest in and to all intellectual property rights in the Client Data. Client grants to Sawatch a royalty-free, fully paid up, non-exclusive, non- /)14‘11L. SAWATCH transferable right to use all data submitted to Sawatch and the System, including Client Data to the full extent necessary for Sawatch to provide the System and any services. Deliverables, and any other obligations pursuant to this Agreement, and to analyze and process such data as further described in this Agreement. 5.3 Anonymized Data. Sawatch may anonymize, de-identify, aggregate, and/or compile data from Client Data ("Anonymized Data") that Sawatch may use for Sawatch's business purposes, including product research, development, and general improvements, and Client hereby grants to Sawatch a royalty-free, worldwide, transferable, sub-licenseable, irrevocable. perpetual license to use and/or incorporate into the System or other product or service such Anonymized Data. 5.4 Feedback. If Client or End Users provide feedback, suggestions, or feature requests (collectively, "Feedback"), Client hereby assigns to Sawatch all right, title, and interest in without any attribution or compensation, any intellectual property rights contained in the Feedback, provided that Sawatch shall not use any information identifying Client, End Users, any identifiable customer or individual. 5.5 Usage Data. Sawatch may collect and use Usage Data. subject to the provisos herein. "Usage Data" means data regarding use and performance of the System. Usage Data shall not include any information identifying Client, End Users, any identifiable customer or individual, including any other person. 5.6 Sawatch Data. As between the Parties, Sawatch owns all data and content that it owned as of the Effective Date and all data and content that it and its affiliates provide for or use with the System. Sawatch shall also own all right, title, and interests, including all intellectual property rights in and to data of any kind that is processes, created, or produced via the Solution and any derivatives thereof, as well as Usage Data and Feedback. 5.7 Attribution. The Client shall have a limited right to download or share the tangible physical snapshot of summary results and screenshots, and reports accessible from the Sawatch online dashboard (the "Results"), as applicable (e.g.. "Sawatch Dashboard and Analytics") to individuals and entities that at no time have been or are competitors of Sawatch or any of its affiliates, except with the express written consent of Sawatch enabling such sharing to such individual or entity and the timeframe for and scope of sharing. Client's right and license to the Results are (i) contingent upon all payments due and owed as of such date, and the attributions are included as set forth in (a)-(c) below, (ii) limited solely to federal and state copyright laws in and to the documents, renderings, or reports generated and accessible through the System during the Term, which includes access to the online dashboard, if applicable and (iii) any sharing is limited to the tangible physical Results to individuals and entities that at no time have been or are competitors of Sawatch or any of its affiliates, except with the express written consent of Sawatch enabling such sharing to such individual or entity and the timeframe for and scope of sharing: a. Provide clear and prominent attribution to "Sawatch Labs, a Wex Company." b. The attribution must in every case include a hyperlink to https://www.sawatchlabs.com/. c. Include an indication if either the End User or Client modified the results and output from Sawatch. 5.8 Work Product. If and to the extent there are deliverables or work product, including reports, work, materials, inventions, improvements, concepts or ideas and the tangible embodiments of the same made or conceived by Sawatch for Client, as applicable in connection with or during the performance of its obligations under this Agreement hereunder ("Deliverables"), these shall be considered the sole and exclusive property of Sawatch. Sawatch shall own in perpetuity. all right, title, and interest, worldwide, in and to all Deliverables. If a Deliverable SAWATCH is identified in an attachment or order form expressly to be provided to Client, then contingent upon final payment of all fees due and owed and any attributions as set forth in Section 5.7 above, Client shall take delivery of such Deliverable and have a limited right and license in the United States, solely to reproduce, display, and distribute within the Client organization and to End Users in printed form, provided that Client may have the limited right to distribute such Deliverable outside of the Client organization to those individuals and entities that at no time have been or are competitors of Sawatch or any of its affiliates with the express written authorization of Sawatch enabling such distribution to the individual or entity and the timeframe for and scope of distribution. 6. General. 6.1 Liability. In no event will Sawatch be liable in connection with or pursuant to this Agreement under any legal theory, including breach of contract, tort, strict liability, and otherwise, for (a) any special. consequential, incidental. indirect. exemplary, enhanced, lost profits, loss of business, revenue, goodwill. or reputation, or the cost of replacement goods or services, whether or not a Party has been advised of the possibility of such damages or losses or whether such damages were foreseeable or (b) any amounts in the aggregate exceed the total amounts paid by the Client under this Agreement in the twelve (12) month period preceding the first event giving rise to the third party claim or ten thousand dollars $10,000, whichever is less. 6.2 Indemnification. a) Client. Client shall indemnify, defend, and hold Sawatch and its affiliates harmless from any and all claims. demands, liability, loss, damage, fines. penalties, reasonable attorney's fees and litigation expenses (collectively, "Loss"), arising out of or resulting from any third-party claim based on Client's or End User's (i) negligence or willful misconduct; (ii) modifications of the System not authorized by Sawatch; (iii) use of the System in violation of the license or in a manner not authorized under this Agreement; (iv) use of the Results or any Deliverable in violation of the applicable license or in a manner not authorized under this Agreement: or (v) use of the System in combination with data, products. software, or technology not authorized by Sawatch. b) Sawatch. Sawatch shall indemnify, defend, and hold Client harmless from any and all Loss arising out of or resulting from any third-party claim that the System infringes a third party's intellectual party rights. If the System becomes or is likely to become the subject of an infringement claim, then, Sawatch shall, at its option and in its sole discretion, either (a) promptly replace or modify the System to make it non-infringing or (b) promptly procure for Client the right to continue using the System pursuant to this Agreement. If Sawatch determines that neither of these options is reasonably available, then Client shall have the right to terminate with written notice to Sawatch. This Section 6.2b) shall not apply where Client has (i) made modifications of the System not authorized by Sawatch; (ii) use of the System in violation of the license or in a manner not authorized under this Agreement; or (iii) use of the System in combination with data, products, software, or technology not authorized by Sawatch. This section sets forth Sawatch's sole liability and Client's sole remedy with respect to any actual or alleged infringement or violation of intellectual property or third-party rights. 6.3 Confidentiality. Each Party shall hold all non-public, proprietary information furnished by the other Party disclosing Party. to be confidential and shall not disclose any such information to any other entity or person, or use such information for any purpose other than performing the receiving Party's obligation(s) under this Agreement unless the receiving Party obtains prior written consent from the disclosing Party. Nothing contained herein shall be construed as restricting or creating any confidentiality obligation or liability for the disclosure, communication or use of confidential information which: /"tal\ SAWA7 CH (a) is or has become published or otherwise generally known to the trade through no wrongful act of the receiving Party: (b) is received without restriction from a third party without breach of any obligation of confidentiality; (c) the receiving Party can reasonably show to have developed independently, or otherwise had in its lawful possession, prior to its receipt hereunder: (d) is disclosed pursuant to government or judicial requirement, provided the disclosing Party is timely notified in writing and given the opportunity to seek confidential treatment of such confidential information; or (e) is disclosed by a third party to the receiving Party, provided such third party was not under any confidentiality obligations with respect thereto. 6.4 Warranties and Disclaimer. EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SYSTEM IS PROVIDED "AS-IS," AND SAWATCH HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. SAWATCH EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE. NON-INFRINGEMENT, INTER-OPERABILITY, AND SAWATCH MAKES NO WARRANTY THAT IT WILL MEET CLIENT'S REQUIREMENTS OR THAT IT WILL OPERATE WITHOUT INTERRUPTION OR PERFORM FOR AN INTENDED PURPOSE. BE COMPATIBLE WITH ANY SYSTEM, NETWORK, OR SOFTWARE, BE SECURE, ACCURATE, FREE OF HARMFUL CODE. OR BE ERROR-FREE. 6.5 Dispute Resolution --Arbitration. a) This Section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration is governed by the Federal Arbitration Act (FAA), and will be interpreted in the broadest way the law will allow. b) Covered Claims. i. Client or Sawatch may arbitrate any claim, dispute, or controversy (each a "Claim") between Client and Sawatch arising out of or related to this Agreement or the relationship between Client and Sawatch. Claims include disputes relating to incentives or benefits relating to your account. ii. If arbitration is chosen by any party. neither Client nor Sawatch may litigate that Claim in court or have a jury trial on that Claim. iii. Except as stated below, all Claims are subject to arbitration, no matter the legal theory on which they are based on or the remedy (damages, or injunctive or declaratory relief) they seek, including: (i) Claims based on contract, tort (including intentional tort), fraud, agency, any party's negligence, statutory or regulatory provisions, or any other sources of law; (ii) Claims made as counterclaims, cross-claims, third- party claims, interpleaders, or otherwise; (iii) Claims made regarding past, present, or future conduct; and (iv) Claims made independently or with other claims. This also includes Claims made by or against anyone connected with Client or Sawatch, or by someone making a claim through Client or Sawatch, such as an employee, agent. representative or an affiliated/parent/subsidiary company. c) Arbitration Limits i) Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. ii) Claims brought as part of a class action, private attorney general, or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, /"tikb. SAWATCH neither Client nor Sawatch may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. d) How Arbitration Works. i) Arbitration will be conducted by the American Arbitration Association ("AAA") according to this arbitration provision and the applicable AAA arbitration rules in effect when the claim is filed ("AM Rules"). except where those rules conflict with this arbitration provision. The AAA Rules may be obtained at the AAA's website (www.adr.org) or by calling 800-778-7879. Client or Sawatch may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S. District Court closest to Client's billing address. ii) If the AAA is not available to conduct the arbitration, then Client or Sawatch may petition a court of appropriate jurisdiction to designate an appropriate arbitrator. iii) Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither Client nor Sawatch waives the right to arbitrate by filing or serving a complaint, answer, counterclaim. motion. or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. iv) The arbitration will be conducted by a single arbitrator in accord with this arbitration provision and the AM Rules. which may limit discovery. The arbitrator shall not apply any federal or state rules of civil procedure for discovery, but the arbitrator shall honor claims of privilege recognized at law and shall take reasonable steps to protect Confidential Information of either party if requested to do so. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. v) The arbitrator will make any award in writing and, if requested by Client or Sawatch, will provide a brief statement of the reasons for the award. An arbitration award will decide the rights and obligations only of the parties named in the arbitration, and will not have any bearing on any other person or dispute. e) Paying for Arbitration Fees. Arbitration fees will be allocated according to the applicable AAA Rules. All parties are responsible for their own attorney's fees, expert fees, and any other expenses. unless the arbitrator awards such fees or expenses to Client or Sawatch based on applicable law. f) Final Award. i) Any award by an arbitrator is final unless a party appeals it in writing to the AAA within 30 days of notice of the award. The arbitration appeal shall be determined by a panel of 3 arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitration, and will make decisions based on a majority vote. Arbitration fees for the arbitration appeal will be allocated according to the applicable AAA Rules. An award by a panel on appeal is final. A final award is subject to judicial review as provided by applicable law. ii) A final award may be entered in any court of appropriate jurisdiction. g) Survival and Severability of Terms. This arbitration provision will survive changes in this Agreement and termination of your account or the relationship between Client or Sawatch, including the bankruptcy of any party and any sale of your account, or amounts owed on your account, to another person or entity. If any part of this arbitration provision is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative Claim. This arbitration provision may not be amended, severed, or waived. except as provided in this Agreement or in a written agreement between Client or Sawatch. 6.6 Force Majeure. In no event shall Sawatch be liable to Client, for any failure or delay in performing its /)lA;i1L. SAWATCH obligations under this Agreement except for any obligations to make payments when due, if and to the extent such failure or delay is caused by circumstances beyond Sawatch's reasonable control, including but not limited to strike, lock out or other industrial dispute, acts of nature (e.g., flood), pandemic, compliance with requirements and/or restrictions of any government or international authority, plant breakdown, cyberattacks, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, shortage of adequate power or transportation facilities. The performance of the obligation affected shall be suspended as from the date of force majeure until the event of force majeure ceases, provided that if a force majeure event extends for a period greater than thirty (30) days without a reasonable workaround, then Client shall be entitled to terminate, paying pro-rata amount of fees due calculated to the date of when Client accessed and/or used Product or otherwise received the benefit pursuant to this Agreement, including receipt of any services, reporting, Results and/or Deliverables, if applicable as may be set forth in an attachment or order form. 6.7Publicity. Sawatch may include Client's name and logo in Sawatch' online customer list and in print and electronic marketing materials. Public announcements or press releases may include Client's name and logo upon Client's written approval. Other than as expressly set forth herein, neither Party shall otherwise use the other Party's logos, name, trademarks. or other intellectual property without the express written consent of the other Party. 6.8 Severability. If any provision of the Agreement is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions under this Agreement, and the remaining provisions shall remain in full force and effect. More than one counterpart of this Agreement may be executed by the parties hereto, and each fully executed counterpart shall be deemed an original. 6.9 No Waiver. Unless otherwise expressly set forth in this Agreement, no delay or failure to exercise any rights, remedy, or privilege under this Agreement will operate or be construed as a waiver or preclude any further exercise of other right, remedy, or privilege. Moreover, the waiver by either Party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of any provision of this Agreement. All rights and remedies conferred under this Agreement or by any other instrument or law shall be cumulative and may be exercised singularly or concurrently. 6.10 Headings. The descriptive headings in the various sections of this Agreement are for convenience only and shall not affect the meaning or construction of any of the provisions hereof. 6.11 Modifications and Amendments. This Agreement, and attachments and order forms executed in connection therewith, sets forth the entire understanding between the Parties relating to the subject matter and supersedes any previous understandings or agreements, written or oral, between Client and Sawatch. Except as expressly set forth in this Agreement, this Agreement may be modified only by an agreement in writing signed by both Parties. The Parties agree that any order issued in connection with the System is issued for authorization purposes only. 6.12 Survival. The terms and provisions of Sections 1 (Definitions), 2 (License), 3 (Fees), 5 (Intellectual Property), 6 (General), and any other terms or provisions which by their nature are intended to survive, shall survive any termination or expiration of this Agreement. 6.13 Order of Precedence. In the event of any conflict between the terms and conditions of this Agreement, any attachment, and order form, the terms and conditions of this Agreement shall prevail. )‘14ailL. SAWATCH All attachments and order forms are hereby incorporated into this Agreement by this reference and are governed by the terms of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. Client name: SAWATCH, INC. Signed: Signed: Name: Name: Title: Title: Date: Date: Client Address: Sawatch Address: 4045 N Pecos St, Denver, CO, 80211 EV CHARGING EN ROUTE SOLUTION ENROLLMENT FORM This En Route EV Charging Solution Enrollment Form("Enrollment")is submitted by the entity listed below("Company"). Upon WEX Bank's("Issuer") approval of Company's enrollment,this Enrollment will govern the provision of the Solution(as defined hereunder) by IssuerX to Company, and will incorporate the terms of the Business Charge Account Agreement between Company and Issuer("Agreement").The Company and Issuer are referred to individually as a"Party"and jointly as the"Parties".Capitalized terms used in this Enrollment that are not otherwise defined shall have the meanings set forth in the Agreement. Company Name: Company Address: City/State/Zip: 0 New Customer 0 Existing Customer Account Number: EV CHARGING EN ROUTE SOLUTION("SOLUTION") Company wishes to enable Card acceptance or payment via an Authorized Payment Device(defined below)at certain electric vehicle ("EV")charging stations operated by charge point operators participating in the WEX Inc.card network(each,a"CPO Merchant")pursuant to the terms set forth in this Enrollment and the terms of the Agreement. FEES,BILLING,AND PAYMENT EV Enabled Card Fee.The Company will pay a monthly fee of$5.00(the"EV Fee")for each Card that is enabled for Transactions at EV charging stations. The EV Fee applies for each Card enabled on any day of a given calendar month. Authorized Payment Device Replacement Fee. Company will be provided one radio frequency identification (RFID) device to use as an Authorized Payment Device(as defined below)for each enabled Card at no additional cost.If an RFID device needs to be replaced,an additional RFID device will be provided and Company will be charged$10.00 per additional RFID device,with the original RFID to be disabled. Payment Terms. Billing for purchases made with an Authorized Payment Device shall be pursuant to the terms of the Agreement. No Rebates.Any purchases made through use of an Authorized Payment Device shall not be eligible for any Rebate provided under the Agreement. TERMS AND CONDITIONS 1. Solution Description.Pursuant to the terms of this Enrollment and the Agreement,Company will use an Authorized Payment Device to purchase EV charging from CPO Merchants.An"Authorized Payment Device"means any RFID device,a physical form of payment or a mobile application,in any case specified and provided by Issuer.Subject to completing the request in section 2.1,Company authorizes Issuer to connect an EV-enabled Card to an Authorized Payment Device to initiate and complete purchases from CPO Merchants. All terms and conditions of the Agreement applicable to"Cards"or to Transactions using a Card shall also apply to the Authorized Payment Devices and Transactions using an Authorized Payment Device,except to the extent expressly set forth otherwise in this Enrollment. 2. Company Responsibilities 2.1 Upon acceptance and approval of this completed Enrollment by Company,Issuer will enable one or more Cards designated by Company for use for purchases from CPO Merchants.Upon such enablement by Issuer,any individual that uses the Authorized Payment Device linked to that Card shall be considered an"Authorized EV Charging User."Company may add or change Cards or Authorized EV Charging Users,or request additional RFID devices in the online portal. 2.2 Company will comply with,and shall ensure all Authorized EV Charging Users to comply with,any reasonable instructions provided by Issuer or the applicable CPO Merchant pertaining to use of EV charging,the EV charging station equipment and related applications,any mobile applications intended for use with the Solution,and any Authorized Payment Devices. 2.3 ChargePoint Charging.This section applies if Company or Authorized EV Charging Users purchase EV charging or related products and services from ChargePoint and its network operators.The Authorized Payment Device provided to Company or any Authonzed EV Charging User may include or utilize services,software and/or other proprietary materials of ChargePoint,Inc.("ChargePoint")in connection with Company's or any Authorized EV Charging User's accessibility to electric vehicle charging services provided via ChargePoint and its network (collectively, "ChargePoint Technology"). Company hereby represents and warrants that its use and/or any Authorized EV Charging User's use of any of the Charge Technology shall be governed by and subject to the following: (i) ChargePoint Terms of Service (found at: https://na.chargepoint.com/terms_mobile?instance=NA-US&country_id=233&locale=en)(collectively,"ChargePoint Terms");and(ii)ChargePoint, as a third-party beneficiary with respect to the ChargePoint Terms,shall be entitled to enforce any of the ChargePoint Terms against Company with regards to Company's use or any Authorized EV Charging User's use of the ChargePoint Technology. 2.4 Company will immediately notify Issuer when an Authorized EV Charging User leaves the Company,retires or is absent for an extended period of time. 3. Issuer Responsibilities.Upon receipt of a request in the online portal to enable a Card for EV charging,Issuer will enable the applicable Account for EV charging and provide an Authorized Payment Device if requested by Company.Upon enablement of the Account,Company may use a mobile application designated by Issuer for EV charging upon downloading and/or updating the mobile application, as applicable. If an Authorized EV Charging User already has access rights to use EV charging with an CPO Merchant,Issuer may"link"preexisting account information.Use of a mobile Page 1 EV Charging En Route Solution rev 1.1-12.01.23 application may be subject to additional terms and conditions as set forth in the relevant application.Company must comply and must ensure that its Authorized EV Charging Users comply with the policies and terms of use posted on such mobile applications or otherwise provided to Company by Issuer. 4. Data Collection and Usage 4.1 Issuer owns all data collected by or on behalf of Issuer in connection with Company's use of the Solution,including but not limited to transactional data collected at EV charging stations. Any feedback provided by Company in connection with its use of the Solution shall be owned by Issuer, including any suggested improvements to the Solution. 4.2 Activation of an Authorized Payment Device may require Issuer to share certain Company and Authorized EV Charging User information with the applicable CPO Merchant,including contact information,VIN information and usage associated with Company's Account.Additionally,for Cards issued with the name of an Authorized EV Charging User,Issuer may ask for personally identifiable information from the Authorized EV Charging Users and may share this information with the applicable CPO Merchant in order for it to provide and support services related to the access to and provision of the Solution 5. Controls.The application of any Controls may not be available for purchases on an Authorized Payment Device when an RFID is used and Company agrees to be liable for purchases made with a CPO Merchant even if a Control has been exceeded for any Transaction.Subject to the terms of the Agreement,Company remains liable for all EV charging session fees billed to its Account. 6. Term;Termination.The term of this Enrollment will commence on the date this signed Enrollment is submitted to Issuer("Enrollment Effective Date")and will continue on an ongoing basis until either Party terminates as set forth in this section.Either Party may terminate this Enrollment at any time for any reason upon thirty(30)days'prior written notice to the other Party,provided that Company will not be entitled to a refund of any EV Fees paid and must pay all amounts due through the effective date of termination.Issuer may also suspend usage of any Authorized Payment Device in its sole discretion,including if it reasonably believes it is being used for any unauthorized or fraudulent purpose.Upon termination of this Enrollment,Company shall return all Authorized Payment Devices to Issuer within 30 days of the effective date of termination. 7. Miscellaneous. This Enrollment will also be subject to and governed by the Agreement and any subsequent amendments, modifications, or replacements thereto.If there is any conflict between the provisions in this Enrollment and the provisions in the Agreement,the provisions in this Enrollment shall prevail but only with respect to the Solution.Issuer may modify the terms and conditions of this Enrollment,including any applicable fees,pursuant to the terms of the Agreement. No course of dealing between the Parties will be construed as a waiver of any breach or right,and no waiver of any breach or right arising under this Enrollment will be effective unless consented to in writing in the form of an amendment signed by both Parties,nor shall it be construed as a waiver of any breach or right subsequently.This Enrollment may be executed electronically. The undersigned hereby executes this Enrollment on behalf of Company as an authorized representative of Company. Company understands that Company's participation in the Solution is subject to acceptance by the approval of Issuer. Upon such approval, which may be evidenced by Issuer's commencement of services,the terms and conditions above,in addition to the relevant terms of the Agreement,shall govern the provision of services and products hereunder. IN WITNESS WHEREOF,Company agrees to comply with the terms and conditions of this Enrollment. Company: Authorized Signature: Print Name: Title: Date: Page 2 EV Charging En Route Solution rev 1.1•12.01.23 ADDENDUM TO THE FUEL CARD SERVICES AGREEMENT BETWEEN WEX BANK AND SOURCEWELL CREDIT INFORMATION Participating Entity has requested a credit account pursuant to the Contract#080620-WEX("Agreement")entered into between Sourcewell("Sourcewell")and WEX Bank ("WEX")and thereby creating the program("Program")by which to enroll participants("Participating Entity) By enrolling in this Program,the Participating Entity named below agrees that in the event their account is not paid as agreed,WEX may report the undersigned's liability for and the status of the account to credit bureaus and others who may lawfully receive such information Participating Entity Phone# Fax# Physical Address(Do not include PO Box) Mailing Address(if different from physical address) Sourcewell Member ID Number Participating Entitys Taxpayer ID#(TIN,FEIN or SSN) In Business Since(yyyy) Year of Incorporation(yyyy) Number of Vehicles Avg Monthly Fuel Expenditures Avg Monthly Service Expenditures $ $ ACCOUNT SETUP INFORMATION Write Participating Entity name as you wish it to appear on cards.Limit of 20 characters&spaces. Unless specified,no Participating Entity name will appear on cards. nBilling Contact Name❑ ❑U I__I❑❑❑❑ I 10 0000 Billing Address Designate the Participating Entity Fleet Contact authorized to receive all charge cards.reports,and other such information we provide from time to time and to take actions with respect to your account and account access.This is also the person designated by your company to provide all fleet vehicles,driver and other information we may request. Participating Entity Authorized Fleet Contact Name I Title I Phone# I Fax# Email address(required to take advantage of product type card controls) 0 Check here if Participating Entity is exempt from motor fuels tax TERMS 1. This Addendum("Addendum")is to allow the Participating Entity to participate under the Agreement between WEX and Sourcewell.It does not modify, amend or change the Agreement in any way. 2. Participating Entity hereby requests the services of WEX described in the Agreement and agrees to perform all duties required under the Agreement, including,without limitation,timely payment of all charges(including any additional fees)on its account(s). Participating Entity agrees to be bound by the terms and conditions of the Agreement,including,without limitation,rules for authorized and unauthorized use of cards,disputes of charges,reporting lost and stolen cards,and all other rules and provisions relating to use of Participating Entity's account. 3. Participating Entity acknowledges that its failure to make timely payment in accordance with the terms of the Agreement,or for government entities subject to a Prompt Payment Act,may result in suspension or cancellation of the account(s) 4. INFORMATION SHARING DISCLOSURE.Information regarding Participating Entity transactions may be provided to Sourcewell accepting merchants or their service providers 5. Compliance with Federal Law:WEX Bank complies with federal law which requires all financial institutions to obtain,verify,and record information that Identifies each company or person who opens an account.What this means for Participating Entity:when you open an account,we will ask for your name. Address,date of birth,and other information that allow us to identify you.We may ask to see your driver's license or other identifying documents for your Business. 6. DISCLAIMER.THIS IS AN APPLICATION FOR SERVICES AND SHALL NOT BE BINDING UPON WEX UNTIL FINAL CREDIT APPROVAL HAS BEEN GRANTED BY WEX. Any person signing on behalf of the Participating Entity has been duly authonzed by all necessary action of Participating Entity's governing body,and that the undersigned is authorized to make this application and accept the terms referenced herein on behalf of the Participating Entity Signature: Print Name: Title: Date: Complete and sign Addendum. Fax to 1-866-527-8873 OR Email to FOR OFFICE Oppty Number Sales Code Plastic Type Coupon Code Account Number USE ONLY SOURCEWELL 04 REV Sourcewll Participating ADDEND.CRDAPP(01/21/2021)