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<br />under the circumstances. You agree to pay all reasonable expenses,
<br />including attorneys' fees incurred in connection with such proceedings.
<br />
<br />(iv) SecureTouch". In order to provide you SecureTouch" Services, we will
<br />utilize e-mail addresses provided by you and will transmit to those
<br />addresses notification of selected events as received from your System at
<br />our Central Station. We are not responsible for any software or hardware
<br />purchases necessary to assure compatibility with our Center. There may
<br />be times when we and/or the recipient are unable to send or receive e-
<br />mail, and that e-mail transmissions may be impaired or interrupted by
<br />conditions or circumstances beyond our control, including
<br />telecommunications failures, intemet failures, computer viruses or
<br />problems with internet service providers. We are not responsible for
<br />adjustments or repairs to the recipient's e-mail or internet service.
<br />
<br />(b) CCTV: If the equipment page of this document or a separate
<br />Schedule of Protection so indicates, we have installed closed circuit Equipment
<br />in your Premises. You will be responsible for providing adequate illumination
<br />under all operational conditions for the proper operation of the closed circuit
<br />television camera and will provide the 110 AC power supply where required as
<br />well as shelf or desk space for monitors.
<br />
<br />(c) CO Detection: If the equipment page of this document or a separate
<br />Schedule of Protection so indicates, your premises will be monitored for carbon
<br />monoxide. We are not responsible for any damages resulting from any actions
<br />or inactions of emergency response personnel in connection with their response
<br />to carbon monoxide detection in your Premises.
<br />
<br />(d) Direct Connect Services: If the equipment page of this document or
<br />a separate Schedule of Protection so indicates, we have installed a direct
<br />connection to the law enforcement, fire department or other agency shown on
<br />your Monitoring Information Schedule. Alarm signals transmitted will be
<br />monitored by police and/or fire departments or other ERP's or their agents. You
<br />understand and acknowledge that such agencies are not the agents of
<br />Protection One. Protection One hereby disclaims any responsibility for the
<br />manner in which such signals are monitored, or the response, or lack thereof, to
<br />such signals by the persons monitoring your System.
<br />
<br />(e) Inspections. We will provide the number of inspections of your
<br />System only as specified on the front page of this document or in a separate
<br />Schedule of Protection to this Contract during our normal working hours, and
<br />subject to the conditions and exclusions set forth in paragraph 15 below.
<br />
<br />15. Limited Warranty. Subject to the limitations and exclusions set forth
<br />below, during the first ninety (90) days after installation, we will at our cost,
<br />repair or, at our option, replace, any defective part of the equipment we install,
<br />including wiring (but not including disposable items such as batteries, and not
<br />including repairs needed to window foil, security screens, or exterior mounted
<br />devices), and will make any needed mechanical adjustments. We will use new
<br />or reconditioned parts for replacements. Our obligations under this paragraph
<br />are for your benefit only, and may not be enforced by any other person. The
<br />laws of your state may give you additional rights than those described herein.
<br />
<br />If you have subscribed to our Extended Service Plan, in lieu of our gO day repair
<br />obligation, we will at our cost repair the equipment we install for the duration of
<br />the term of this Contract, subject to the limitations and exclusions set forth
<br />below. Your participation in the Extended Service Plan will automatically renew
<br />for successive thirty (30) day terms at our then current Extended Service Plan
<br />rates unless terminated by either party's written notice given at least thirty (30)
<br />days before the end of the then-current term. If you purchase the Extended
<br />Limited Warranty after the initial installation, your System must be in good
<br />working condition at the time of the Extended Service Plan purchase. To
<br />purchase our Extended Service Plan, call1-800-GET-HELP.
<br />
<br />Limitations on our Warranty and Service Obligations. We perform repair
<br />services only during our normal working hours which are 8:00 a.m. to 5:00 p.m.
<br />Monday through Friday, except holidays. IF YOU REQUEST US TO PERFORM
<br />REPAIR SERVICES OUTSIDE OUR NORMAL WORKING HOURS, WE MAY
<br />REQUIRE YOU TO PAY FOR OUR SERVICES AT OUR CURRENT RATES
<br />FOR LABOR AND PARTS. Neither the limited warranty nor our obligations
<br />under the Extended Service Plan shall apply to disposable items such as
<br />batteries, or to window foil, security screens, or exterior mounted devices, or if
<br />we determine that any of the following conditions caused the need for service:
<br />(A) Damage resulting from storms, natural disasters, accidents, acts of God,
<br />strikes, riots. floods, terrorism or any causes beyond Protection One's control;
<br />(S) Your failure to properly close or secure a door, window or other point
<br />protected by an alarm device, or to properly follow operating instructions; (C)
<br />Telephone line malfunctions or modifications to your telephone service that
<br />
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<br />render it incompatible with your System; (D) Your failure to provide ordinary
<br />maintenance and wear and tear to your System or its components (repairs to due
<br />to ordinary wear and tear are not excluded under our Extended Service Plan), or
<br />you permit anyone other than our authorized representative to perform service on
<br />your System; (E) Physical alterations to your Premises or to your System made at
<br />your request, or made necessary by damage to your Premises or your System; or
<br />(F) any of the reasons described in paragraph 4 above. Our warranty applies only
<br />to our Installed Equipment. You must furnish the necessary electrical power
<br />through your meter at your expense to obtain warranty services. Charges for non-
<br />covered repairs will be at our current labor and material rates, including minimum
<br />visit charge.
<br />
<br />OTHER THAN THE LIMITED WARRANTY OR YOUR PARTICIPATION IN THE
<br />EXTENDED SERVICE PLAN, WE MAKE NO GUARANTY OR WARRANTY OF
<br />ANY KIND, WITH RESPECT TO THE SERVICES WE PERFORM OR THE
<br />SYSTEMS WE PROVIDE UNDER THIS CONTRACT, INCLUDING ANY
<br />IMPLIED WARRANTY OR MERCHANTABILITY, SUITABILITY, CONDITION,
<br />OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT LIABLE TO
<br />YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL OR
<br />CONSEQUENTIAL DAMAGES.
<br />
<br />16. Delays: We shall have no liability for delays in installation of the equipment
<br />or for the consequences thereof, however caused, or for interruptions of service
<br />or for the consequences thereof due to strikes, riots, floods, acts of God,
<br />terrorism or any causes beyond the control of Protection One, and Protection
<br />One will not be required to provide service or substitute services to you while
<br />interruption of service due to any such cause shall continue.
<br />
<br />17. Assignment: You may not assign this Contract without the prior written
<br />consent of Protection One, and any purported assignment of this Contract shall
<br />be void. We may assign this agreement or subcontract any or all of our
<br />obligations under this Contract without your consent and without notice to you.
<br />This Contract, and particularly paragraphs 9 and 10, shall apply to the work and
<br />services our assignees or subcontractors provide, and shall apply to them and
<br />protect our assignees and subcontractors in the same manner it applies to and
<br />protects us.
<br />18. Severability: If any of the provisions of this Contract shall be determined to
<br />be invalid or unenforceable, the remaining provisions shall remain in full force and
<br />effect.
<br />
<br />19. Arbitration of Disputes. In the event any claim or dispute, regardless of its
<br />basis, arises between you and us, or between you and the Protected Parties,
<br />including any claim or dispute relating to this Contract, any of your Premises, any
<br />other contract you have or had with us, your System(s), our Services, or the
<br />Charges due hereunder or under any other contract (collectively, your "Account"),
<br />or the scope of this arbitration provision, you or we may elect to resolve the claim
<br />or dispute by binding arbitration. Neither you nor we shall be entitled to join or
<br />consolidate claims in arbitration, or arbitrate any claims as representative or
<br />member of a class or in a private attorney general capacity. The filing of a lawsuit
<br />by any party shall not constitute a waiver of any rights under this arbitration
<br />provision. The arbitration shall be conducted by the American Arbitration
<br />Association in accordance with their procedures in effect when the claim is filed.
<br />This paragraph and any arbitrations conducted hereunder shall be governed by
<br />the Federal Arbitration Act (FAA). Any arbitration hearing will take place in Dallas,
<br />Texas. The arbitrator shall follow applicable substantive law to the extent
<br />consistent with the FAA, and applicable statutes of limitations, and shall honor
<br />claims of privilege recognized at law. The arbitrator's decision will be final and
<br />binding, except for any appeal rights under the FAA, and except that if the
<br />amount in controversy exceeds $100,000.00, any party may appeal the award
<br />within 30 days to a three -arbitrator panel which shall review the award de novo.
<br />The prevailing party shall be entitled to reimbursement 'of all its costs and
<br />expenses, including reasonable attorneys' fees. Judgment upon any arbitral
<br />award may be enforced in any court having jurisdiction.
<br />
<br />20. Entire Contract; Survival. This Contract is the entire agreement between
<br />you and us, and supersedes all previous contracts between you and us regarding
<br />alarm or similar services. You agree that we are not bound by any representation,
<br />promise, condition, inducement or warranty, express or implied, not included in
<br />this Contract. The terms and conditions of this Contract shall govern over the
<br />provisions of any other document, including but not limited to your purchase
<br />orders, with inconsistent terms. The provisions of paragraphs 9, 10, 11, 12 and
<br />19 shall survive the termination of this Contract and your Account, as well as
<br />voluntary payment in full by you, any legal proceedings by us to collect a debt
<br />owed by you, any bankruptcy by you, or any sale by us of your Account.
<br />
<br />SPECIAL PROVISIONS: Termination. Notwithstanding any provision to the contrary, the City may terminate this Contract without cause by
<br />giving thirty (30) days written notice to Protection One. In such event, Protection One shall be paid for goods/services provided to and
<br />accepted bv the Citv prior to effective date of termination.
<br />
<br />ATTENTION IS DIRECTED TO THE WARRANTY, LIMITATION OF LIABILITY AND OTHER TERMS AND CONDITIONS SET FORTH IN THIS
<br />AGREEMENT.
<br />
<br />This Agreement is not binding upon Protection One unless either signed by an authorized manager of Protection One or we begin the installation
<br />of equipment or provision of services. You acknowledge that you may not receive a copy of this Contract approved by Protection One's General
<br />Manager, and such lack of receipt shall not, in any way, invalidate or otherwise affect this Contract.
<br />
<br />m'&'d9~ ~iving .quipm.m page 'n"uding II,en.e In' nn~IUO~II.nn. & ,ondIUon.,
<br />
<br />
<br />
<br />
<br />Protection One Sales Representative Signature
<br />Printed Name: LAZARO M. MARTINEZ
<br />Employee ID#: 83685
<br />Employee Lice,:",se or egistration# (if applicable): N/ A
<br />Date: ~ '/tJ /0
<br />
<br />
<br />Date:
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<br />Commercial Protection One Contract v. 1.5
<br />City of Sunny Isle Beach rev. 6/10/10
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<br />Customer Initials
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