|
<br />hereunder. Subject to the forego)(lg, this Agreement shall bind and Inure to the benefit of the parties, and lheir respective successors and permitted
<br />assigns. We m<lV assign this Agreement or subcontract any or all of our obligations under this Agreement without your consent and without notice to
<br />you. The provisions of this Agreement {II apply to and Inure to the benefit of each of our assignees. subcontractors and/or suppliers (Induding our
<br />software suppliers), and {iil bind you to all such persons or entilies '.'11th the same force and effect as they bind you to Protecllon One, This Indudes the
<br />protections set forth in Paragraphs 9, 10 and 11, In this Agreement, "Services" shall be deemed to Include alt alarm monltoring.related services,
<br />Including but not limited to all such services provided, in whole or In pari, though or in common with any software that we license from our software
<br />suppliers.
<br />
<br />17. Severabili1Y. It any of the provisions of this Agreement shall bl! determined bya (Qultof competenljurisddion to ue Invalid or unenforceable, then
<br />the remaining provisions of this Agreement shall remain In full force and effect.
<br />
<br />18. Arbilrallon of Disputes. It Is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute
<br />or conlroversy shall be settled by arbitration In accordance with the pfOcedures, rules and regulatfons of the American Arbitratfon Association. The
<br />decision rendered bV the Arbitrator shall be final and binding upon the parties and Judgment upon the award rendered by the arbitrator may be
<br />entered In any cour1 having Jurlsdlction. Arbitration shall be held In Miami-Dade County, florlda. AU costs of arbitration and 3110rneys' fees Incurred by
<br />the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs
<br />of arbitration and their respective attorneys' fees as may be determined by the court on confirmation.
<br />
<br />19. Legal Actlons. AIi claims, disputes and legal actions arising under this Agreement (a "legal Action") will be governed by the laws of the State
<br />where your Premises Is located and any appiicablc Federal laws, without rc-gard to confiict of law principles. You agree to file any claim, dispute or
<br />Legal Action arising out of this Agreement, the EquIpment or our Services (whether based In negligence, breach of contract, breach of warranty, strIct
<br />liability, or other fault) within two (2) years after the date the cause of act/on for such claim accrued. This provision shall survive the termInation of this
<br />Agreement and your Account, as well as voluntary payment In full by you. any legal proceedings by us to collect a debt owed by you, any bankruptcy by
<br />you, and/or any sale by us of your Account.
<br />
<br />20. EnUre Agreement, This Agreement Is the entire agreement between you and us, ann supersedes all previOUS contracts or agreements between
<br />you and us regarding "I(lrm or shnllar services. You agree that we are not bound by any representation, promise, conultlon, Inducement or WiWclrlty,
<br />express or Implied, not Included In this Agreement. The terms and conditions of this Agreement shall govern over the provisions of any other document,
<br />includfng but t10t limited to your purchase orders. with Inconsistent terms.
<br />
<br />21. Execution. This Agreement and any sfgnatures on It may be transmlttc-d and delivered by facslmlle or other electronic means (such as e.mail),
<br />and all such signatures and electronic transmissions of this Agreement are to be treated as originals for all purposes and given the same legal forc.e and
<br />effect as a signed paper contract. In addition, this Agreement may be signed and accepted electronically by both parties, and the mutually accepted
<br />verSion of this Agreement, whether printed or electronic, also Is to be treated as an original for all purposes, with the same Il'!gal force and effect as a
<br />signed paper contracl. Your obligations under this Agreement arc bInding on all authorized users of the Equipment. Each party has substanUally
<br />participated In the drafting and negotiation of this Agreement, and no provision hereof shall be construed against either party by virtue of the fact that
<br />such proviSion was drafted by such party. Each party represents and warrants that it has the unqualified rIght to enter thIs Agreement, and that It has
<br />the right to perform all obligations under this Agreement.
<br />
<br />Protectlon One Alarm MonItorIng, Inc. licensing Information. AlABAMA: Electronic Security Board of licensure, 7956 Vaughn Road, Suite 392,
<br />Montgomery, Al 36116, Telephone 334-264.9388. Al: 643, S33, 744, 1018. 28211, A.OI06; ARKANSAS: Alkansas BOMd of Private Investigators and
<br />Private Security 1 Stale Pelic;:. Plaza Orive, Utile Rock, Aft 72209, 501.618-3600; U(!j7.122; ARIZONA; ROCi9024G; CALIFORNIA: Alarm company
<br />operators ar~ licensed and reGulated by the Bureau of Security and Investigatlv~ Sef'llces, Depclltment of Comumer Affairs, Sacramento, California
<br />95814. CONTRAaORS ARE REQUIRED BY LAW TO BE LICENSED AND REGUlATED BY THE CONTRACTOR~' STATE LICENSE BOARD WHICH HAS
<br />JURISDICTION TO INVESTIGATE COMPlAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FilED WITHIN fOUR
<br />YEARS OF TtlE DATE OF THC ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REfERRED TO THE REGISTAR, CONTACTOR~
<br />STATE LICENSE BOARD, P.O. BOX 260000, SACRAMENTO, CALIfORNIA 95826, CA UACO.3717, U626615, ACe 4570, Ace 4571, ACB 4572, ACB 4573, Ace
<br />5039, Ace 5052, Ace 5054, Ace 5292; CONNECTICUT: IH85782; DELAWARE: 111998200138 1197.51, CSR5L.OO29; flORIDA: EF2oo00S24; GEORGIA:
<br />LVA205766; IOWA: AC-0082, AJ.031O; IDAHO: 5(-21391; IlliNOIS: 11127-001000. 11128-000113, IH28 000151, 11128-000115; LOUISIANA: F713; MAINE:
<br />I/MC60018702 ; MARYLAND: #03371885, #107.1603; MASSACHUSETTS: #7066C; MICHIGAN: #360120S122, 113602203841, ItA-0378, #15103229;
<br />MINNESOTA: IITSOOS02; MISSISSIPPI: 1115007478, 15007925; MONTANA: 11162, #1299; NEVADA: lf0031668A, 1If189; NEW MEXICO: 1158345,08-0040;
<br />NEW JERSEY: POl008, 0095786, SF 000354; NEW YORK: LIcensed bV1he NYS Department of State. NV #112000261120; NORTH CAROLINA: #11285- (SA,
<br />24466.SP.lV, BPN 001777P6; OHIO: #150.18-1493; IISO-18-0003, 50-2S-0001, 50-31-0001; OKLAHOMA: 11621; OREGON: II(C8116325, IB4.428ClE;
<br />PENNSYLVANIA: flPAOO3926; RHODE ISLAND: #9715; SOUTH CAROLINA: IIBAC 5097, IIfAC 3162; TENNESSEE: 1/638,641,642.697; TEXAS: Complaints
<br />can be filed In Texas with the Telr.1s Commission on Private Security, 580Slamar Blvd., Austin, Texas 78752. TX UACR-1637, 1# a-08690; UTAH: 11330634-
<br />6501; VIRGINIA: 1111-2533, #2705, Itl0'i126A; WASHINGTON: PROTE0022K2, PROTEOA033BP, 601 354 926; WISCONSIN: 600-0000181681.01;
<br />WYOMING: "LV A 17.
<br />
<br />(REMAINDER OF PAGE INTENTIONALLY BLANK - SIGNATURES ON FOLLOWING PAGE)
<br />
<br />64704181.QV1G-SC16029
<br />PCPlllJrg
<br />
<br />Page6of9
<br />
<br />SIB
<br />
|