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<br />fees. (c) Any default under this Contract shall also be a default under any other
<br />contract or agreement between you and us.
<br />
<br />8. Representations and Warranties. You represent and warrant that you
<br />(a) requested the Equipment and Services specified in this Contract for use in a
<br />commercial purposes and not for personal, family or household purposes, or for
<br />or on behalf of a third party, (b) own the Premises or otherwise have the
<br />authority to authorize us to install such equipment in the Premises, and (c) will
<br />comply with all laws, codes, and regulations pertaining to your System or our
<br />Services.
<br />
<br />9. We Are Not an Insurer. YOU AGREE THAT EXCEPT FOR THE
<br />LIMITED INDEMNITY PROVIDED IN PARAGRAPH 10(a) BELOW: (A) WE
<br />ARE NOT AN INSURER OF YOU, PERSONS WORKING OR OTHERWISE
<br />PRESENT AT YOUR PREMISES, OR OF YOUR PREMISES OR ITS
<br />CONTENTS; (B) IT IS YOUR RESPONSIBILITY TO OBTAIN ADEQUATE
<br />INSURANCE COVERING YOU, YOUR PREMISES AND ITS CONTENTS,
<br />YOUR EMPLOYEES, INVITEES AND OTHER AFFECTED PERSONS AND
<br />PROPERTY; (C) OUR SERVICE CHARGES ARE BASED ON THE
<br />DETERRENCE AND OTHER VALUE OF THE SERVICES WE PROVIDE AND
<br />OUR LIMITED LIABILITY UNDER THIS CONTRACT, AND NOT ON THE
<br />VALUE OF YOUR PREMISES OR ITS CONTENTS, OR THE LIKELIHOOD
<br />OR POTENTIAL EXTENT OR SEVERITY OF PERSONAL INJURY
<br />(INCLUDING DEATH)TO AFFECTED PERSONS; AND (D) THE SYSTEM
<br />AND SERVICES MAY NOT ALWAYS OPERATE AS INTENDED FOR
<br />VARIOUS REASONS, INCLUDING OUR NEGLIGENCE OR OTHER FAULT.
<br />WE CANNOT PREDICT THE POTENTIAL AMOUNT, EXTENT, OR
<br />SEVERITY OF ANY DAMAGES OR INJURIES THAT MAY BE INCURRED
<br />WHICH COULD BE DUE TO THE FAILURE OF THE SYSTEM OR SERVICES
<br />TO WORK AS INTENDED. AS SUCH (I) YOU AGREE THAT THE LIMITS ON
<br />OUR LIABILITY, AND THE WAIVERS AND INDEMNITIES SET FORTH IN
<br />THIS CONTRACT ARE A FAIR ALLOCATION OF RISKS AND LIABILITIES
<br />BETWEEN YOU, US AND ANY AFFECTED THIRD PARTIES; (II) YOU WILL
<br />LOOK EXCLUSIVELY TO YOUR INSURER FOR FINANCIAL PROTECTION
<br />FROM SUCH RISKS AND LIABILITIES, AND (III) EXCEPT AS PROVIDED IN
<br />PARAGRAPH 10, YOU WAIVE ALL RIGHTS AND REMEDIES AGAINST US,
<br />INCLUDING SUBROGATION, THAT YOU, ANY INSURER, OR OTHER
<br />THIRD PARTY MAY HAVE DUE TO ANY LOSSES OR INJURIES YOU OR
<br />OTHERS INCUR.
<br />
<br />10. Indemnity; Limitation of Liability.
<br />
<br />(a) Indemnitv. We will hold you, your officers, directors, agents and
<br />employees harmless from any claim, demand, losses, damages, injuries,
<br />(including death),liabilities or other expenses ("Losses") to the extent and only
<br />to the extent that such Losses result solely and directly from the negligent acts
<br />or omissions of Protection One, its agents or employees, during and within the
<br />scope of employment of such persons only while present at the Premises;
<br />provided, however, that the terms of this paragraph 10(a) shall not apply, and
<br />we shall not in any event be liable for Losses arising out of, resulting from or in
<br />any way due or attributable to the condition, nonfunction, malfunction, faulty
<br />design, faulty installation, or failure in any respect of the System or Services to
<br />operate or perform as intended (herein, "Alarm Failure Events"), regardless of
<br />whether such Alarm Failure Events arise out of the negligent acts or omissions
<br />of Protection One, its agents or employees. Any liability of Protection One for
<br />Alarm Failure Events for Losses arising out of Alarm Failure Events is strictly
<br />limited pursuant to paragraph 10(b).
<br />
<br />(b) Liabilitv for Alarm Failure Events. Neither we nor any person or entity
<br />affiliated with us, shall be liable for any Losses arising directly or indirectly from
<br />an Alarm Failure Event. We do not provide architectural, engineering, or
<br />professional design services. If you desire or require such services, you must
<br />engage a licensed design professional to perform the design services and then
<br />provide us with any and all necessary plans, specifications, or shop drawings
<br />necessary for us to complete the installation of your System. We install
<br />Equipment according to local codes and ordinances (if applicable) and
<br />according to your particular needs or preferences. We are not liable under any
<br />circumstances for the adequacy of the performance or design or design criteria
<br />established by you, your design professional, or local code requirements. If,
<br />notwithstanding the provisions of this paragraph 10(b), we or any person or
<br />entity affiliated with us, are determined to be responsible for any Losses arising
<br />from Alarm Failure Events, your claims against us, shall be limited to the
<br />greater of (i) $1,000.00, (ii) six (6) times the monthly Service Charge, or (iii)
<br />the purchase price you paid for the Equipment, as liquidated damages
<br />and not as a penalty. This amount is your sole and exclusive remedy for an
<br />Alarm Failure Event, even if caused by Protection One's negligence or that of
<br />our affiliates or our respective employees or agents, breach of this Contract,
<br />strict liability, failure to comply with any applicable law, or other fault. At your
<br />request, we may in our sole discretion agree to assume additional liability by the
<br />attachment of an amendment to this Contract stating the extent of our additional
<br />liability and the additional cost to you. You agree that were we to have liability
<br />greater than that stated above, we would not provide the System or Services.
<br />
<br />(c) Damaoes. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY
<br />OTHER PERSON FOR ANY INCIDENTAL, PUNITIVE, SPECULATIVE OR
<br />CONSEQUENTIAL DAMAGES.
<br />
<br />11. Hold Harmless. Intentionally Omitted.
<br />
<br />12. Legal Actions. No claim or legal action any party may have arising
<br />out of this Contract, your System or our Services (whether based on
<br />contract, negligence or otherwise) may be brought more than one year
<br />after the date the cause of action for such claim accrued.
<br />
<br />13. Customer Duties. You must (a) instruct all persons who use the System
<br />on its proper use; (b) test your System's protective devices and send test
<br />signals monthly to our Central Station; (c) tum off, control or remove all air
<br />conditioning systems, heaters and other items that interfere with alarm
<br />detection devices; (d) notify us immediately if a problem in your System occurs;
<br />(e) obtain and keep in effect all permits and licenses that may be required for
<br />the installation and operation of your System; (f) pay all usage fees imposed by
<br />any governmental authority in connection with your System; (g) provide us a
<br />complete Monitoring Information Schedule so we may call your designated
<br />contacts in the event we reasonably believe there is an emergency at your
<br />Premises; (h) provide us any other emergency information we may request; and
<br />(i) promptly update us in writing with any changes to your Monitoring
<br />Information Schedule. Your failure to perform under this paragraph is a material
<br />breach of this Contract. You agree that we may provide the information on the
<br />Monitoring Information Schedule to any governmental authority having
<br />jurisdiction over us or your System. LOCAL AUTHORITIES MAY NOT
<br />RESPOND TO ALARM NOTIFICATIONS UNTIL ALL PERMITS AND
<br />LICENSES FOR USE OF THE SYSTEM HAVE BEEN OBTAINED, AND
<br />
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<br />Commercial Protection One Contract v. 1.5
<br />City of Sunny Isle Beach rev. 6/10/10
<br />
<br />THEREFORE WE MAY NOT BEGIN MONITORING YOUR SYSTEM UNTIL
<br />YOU HAVE OBTAINED AT YOUR EXPENSE ALL NECESSARY PERMITS
<br />AND LICENSES, AND PROVIDED US WITH THE LICENSE OR PERMIT
<br />NUMBER.
<br />
<br />14. Services.
<br />
<br />(a) Monitoring Services. If you have subscribed to Monitoring, Signal
<br />Receiving and Notification Services, we shall program the alarm system to
<br />communicate to our monitoring facility ("Central Station"). When the Central
<br />Station receives an alarm signal from your System (an "Alarm Event"), we will
<br />make reasonable efforts, consistent with local laws and our response policies, to
<br />contact the appropriate local emergency response provider ("Emergency
<br />Response Provider" or "ERP"), and the first person designated on your
<br />Monitoring Information Schedule. In the event a' burglar alarm signal or fire signal
<br />registers at the Central Station, we may, in our sole discretion, endeavor to
<br />contact the Premises by telephone to verify that the Alarm Event is not a false
<br />alarm. Some local govemments may place conditions or restrictions on their
<br />dispatch of ERPs in response to an Alarm Event, and such conditions or
<br />restrictions may require that additional measures be taken to verify the Alarm
<br />Event before dispatch. We do not guarantee that such additional measures will
<br />be successful or that Emergency Response Providers will be dispatched should
<br />an Alarm Event occur. In the event a supervisory signal or trouble signal registers
<br />at our Central Station, we shall endeavor to notify the Premises or the first
<br />available person designated on your Monitoring Information Schedule. We may,
<br />without notice to you, in response to govemmental or insurance requirements, or
<br />otherwise in our sole discretion, alter, amend or discontinue any of our policies
<br />and procedures for alarm response. If your police or fire department now or in the
<br />future requires physical or visual verification of an emergency condition before
<br />responding to a request for assistance, you agree to subscribe to such service if
<br />provided by us, or otherwise comply with such requirements. We may charge an
<br />additional fee for such service.
<br />
<br />In addition, we are subject to various governmental regulations and industry
<br />standards designed to reduce false alarms. These regulations and standards may
<br />result in practices and procedures that delay the notification of authorities of
<br />alarm activations, including, without limitation, programmed delays in your
<br />System's communication with our Central Station.
<br />
<br />In the event Alarm Verification Service is being furnished, it is mutually
<br />understood and agreed that equipment is being installed which, as to certain
<br />locations in the Premises, will require the activation of two sensing devices, or a
<br />second activation of a single alarm sensor, or a continuous alarm event from a
<br />single sensor, in order for an alarm signal to be transmitted. You assume full
<br />responsibility for the operation of any and all bypass or switch units provided for
<br />disconnecting or reconnecting the alarm sounding and/or transmitting equipment
<br />at the Premises.
<br />
<br />You represent and warrant to us that any vault to be protected by Protection One
<br />hereunder by sound or vibration detection systems has the minimum construction
<br />characteristics prescribed by the Underwriters' Laboratories, Inc. You agree to
<br />test any ultrasonic, microwave, capacitance or other electronic equipment
<br />designated on the Equipment page of this document or on your separate
<br />Schedule of Protection prior to setting the alarm System for closed periods,
<br />according to procedures established from time to time by Protection One, and to
<br />notify us promptly in the event that such equipment fails to respond to the test.
<br />
<br />(i) Telecommunications. Your System may include a communicator that
<br />sends signals to our Center via regular telephone service. The use of DSL,
<br />BPL, Digital Phone, Internet Protocol (IP) or Voice over Internet Protocol
<br />(VoIP), or changing your telephone service provider), signal transmission to
<br />our Center may be interrupted. If the system is configured by us to
<br />communicate over your broadband intemet service (Cable, BPL, DSL, VolP
<br />or other), signal transmission may likewise be interrupted by irregularities in
<br />that service or by power outages. IMMEDIATELY AFTER THE
<br />INSTALLATION OF DSL, DIGITAL PHONE, VoIP. BPL, OR OTHER
<br />BROADBAND OR INTERNET SERVICE YOU MUST TEST THE
<br />SYSTEM'S SIGNAL TRANSMISSION WITH THE CENTER. You authorize
<br />us, on your behalf, to request services, orders or equipment from a
<br />telephone company or other company providing signal transmission or
<br />reception services or facilities under this Contract. Such telecommunication
<br />services may include Derived Local Channel service. Such service may be
<br />provided under the telecommunication provider's service marks or service
<br />names. These services include providing lines, signal paths, scanning,
<br />transmission and/or reception. You agree that the telecommunication
<br />provider's liability is limited to the same extent our liability is limited pursuant
<br />to the terms of your Contract with us.
<br />
<br />(ii) Digital Communicator. If connection to our Central Station is to be by
<br />Digital Communicator, you agree to provide a connection via a registered
<br />telephone jack to a telephone channel required for the our Equipment. Such
<br />connection shall have priority over any other telephone or Customer
<br />equipment, and shall be within 10 feet of the alarm System control panel. At
<br />your request, and at your sole cost and expense, we will provide such
<br />connection. If a digital communicator is installed under this Contract, it uses
<br />standard telephone lines as the transmission mode of sending signals and
<br />eliminates the need for dedicated telephone facilities and the large cost
<br />increases frequently imposed on such facilities. You also acknowledge that
<br />our Central Station cannot receive signals should your transmission mode
<br />become non-operational for any reason, and that signals from the digital
<br />communicator cannot be received if the transmission mode is cut, interfered
<br />with or otherwise damaged.
<br />
<br />(iii) Radio Interface. If connection to the our Central Station is to be by radio
<br />frequency, such as cellular or private radio, there may be times when your
<br />System will be unable to acquire, transmit, or maintain an alarm signal, and
<br />that radio frequency transmissions may be impaired or interrupted by a
<br />variety of conditions and circumstances beyond our control, including
<br />storms and power failures. Accordingly, the utilization of an additional
<br />means of communications is recommended. Also, changes in rules,
<br />regulations and policies of the FCC and other governmental bodies may
<br />necessitate discontinuation or modification of some or all of these Services.
<br />
<br />Should your cellular or radio transmitter malfunction, it could interfere with
<br />the proper operation of the entire network communicating with our Central
<br />Station and other communications transmissions. FCC regulations require
<br />that we or our contractors or designees have immediate access to your
<br />transmitter in the event of a malfunction or emergency. You agree to permit
<br />access to such persons in such an event. Should you refuse to provide such
<br />access, we may apply for an ex parte court order permitting access to either
<br />repair or remove the transmitter, or take such other steps as are appropriate
<br />
<br />Customer Initials
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