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<br />Premises; orovlded. however, that the terms of this Parallraph 10la) shall not apply to, and we shall not in any event be Hable for, losses: (II arising out
<br />of, resulllng from, or In any way due or aHributable to, the condition, nonfUntlionlnll, malfunction, faull', design, faulty Imtallatlon, or failure in any
<br />respett of the EquIpment or Services to operate or perform as illtended (colleclilJely, ~Alarm Failure Events"), regardless of whether such Alarm Failure
<br />Events arise out of the neglillent atts or omlHions of Protection One, its agents, employees, subcontractors and/or suppliers (including software
<br />suppHers); and/or (II) any loss of or damage to any computer system or eleclmnic data alislng out of, resulling from, or attributable to, an Alarm Failure
<br />Event or your request for our technician to access your systems or pmgram your tirewalls, routers and switches. Any liability of Protection One for
<br />Alarm Failure Events or Losses arising out of Alarm Failure Events Is strictly IImfted pursuant to Paragraph 10(b) below.
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<br />(b) limitation of liability lor Alarm Failure EVents. NEITHER WE NOR ANY PERSON OR ENTITY AFFILIATED WITH US SHAll BE LIABLE fOR ANY
<br />lOSSES ARISING DIRECTLY OR INDIRECTLY FROM ANY ALARM FAilURE EVENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR THE
<br />ADEQUACY OF THE EQUIPMENT DESIGN OR DESIGN CRITERIA ESTABLISHED BY YOU, YOUR DESIGN PROfESSIONAL, OR LOCAL CODE REqUIREMENTS.
<br />If, NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH 10(B), WE OR ANY PERSON OR ENTITY AFFILIATED WITH US ARE DETERMINED TO BE
<br />RESPONSIBLE fOR ANY LOSSES ARISING FROM ANY ALARM FAILURE EVENT, YOUR CLAIMS AGAINST US AND/OR ANY PERSON OR ENTITY AFFILIATED
<br />WITH U5 SHALL BE LIMITED TO $2,000,00. THIS AMOUNT IS YOUR SOlE AND EXClUSIVE REMEDY FOR ANY ALARM FAILURE EVENT. EVEN IF CAUSED
<br />BY PROTECTION ONE'S NEGLIGENCE OR THAT OF OUR AFFILIATES OR OUR RESPECTIVE EMPLOYEES OR AGENTS, BREACH OF CONTRACT, BREAOI OF
<br />WARRANTY, STRICT LIABILITY, OR OTHER FAULT. AT YOUR REQUEST, WE MAY IN OUR SOLE DISCRETION AGREE TO ASSUME ADDITIONAL LIABILITY
<br />BY THE ATTACHMENT OF AN AMENDMENT TO THIS AGREEMENT STATING THE EXTENT OF OUR ADDITIONAlllABIUTY AND THE ADDITIONAl. C05T
<br />10 YOU. YOU AGREE THAT WERE WE TO HAVE lIA81t1n' GREATER THAN THAT STATED ABOVE, WE WOULD NOT PROVIDE THE EQUIPMENT OR
<br />SERVICES,
<br />
<br />te) Intellecll.!!I.!..f{QQerty Indemnification. If Protection One has received from the manufacturers of the Equipment we install, an allreement to
<br />Indemnify andlor defend any claim or suit or proceeding broullht agaInst Protection One based on a claim that the sale, use or transfer of any
<br />Equipment Is an Infringement of any thIrd party's patent or property tights, then Protection One shall Indemnify you and defend you agaimt all such
<br />claIms to the extent (and only to the extent) such an Indemnity and/or defense Is provided by the pertinent EquIpment manufacturers. Should you
<br />receive notice thatlhe Equipment allegedly infringes the rlllhts of any third party, you shall promptly notify Protection One In writlnil, and shall give full
<br />authority, Information and assistance to Protection One In connection with Its Investigation of the claim, and in connection with any selllement or
<br />compromise of such claim made with youI consent, which shall not be unreasonablywithheJd, conditioned or delayed. In addition, Protection One may,
<br />at its sole cosl and expense, elect to replace or modify the Equipment so that alleged InfrIngement will nol e)(lst; orovlded however that such
<br />replacement equipment or modlned equipment will continue to have at least the same (untlionatlty and performance specifications as the Equipment
<br />Installed pursuant to this Agreement, and shall be acceptable to you In your reasonable discretion. Protection One shall not have any other liability to
<br />you with respect to claims of intellectual property infringement.
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<br />(dl ConseguentlalOama2es. NOTWITH5TANDING ANYTHING IN THIS AGREEMENT TO THt: CONTRARY, IN NO EVENT SHALL WE BE LIABLE TO YOU
<br />OR ANY OTHER PERSON FOR ANY CONSEQUENTiAL, INClOENTAl, PUNITIVE, SPECULATIVE, SPECIAl, EXEMPLARY, OR OTHER INDIRECT DAMAGES,
<br />INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, rROFITS, USE, DATA, OR OHlER ECONOMIC ADVANTAGE, EVEN IF WE HAVE BEEN ADVISED OF
<br />TlfE POSSIBILITY OF SUCH DAMAGES.
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<br />(e) SUNival. The terms of this Paragraph 10 shall sUf\llve the termination of this Agreement and of your Account, as well as voluntary payment In
<br />full by you, any legal procep.r:Ilngs by us to collect a debt owed by you, any bankruptcy by you, and/or any sale by us of your Account.
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<br />12, Customer Duties, You agree to: (allmtrud aU persons who use the Equipment on its proper use; (b) test the Equipment's protective devices
<br />and send test signals monthly 10 our Central Station; (cl turn off, control or remove all air conditioning systems, heaters and other items that Interfere
<br />with alarm detection devices; (d) notify us Imrlledlately If a problem with the Equipment occurs; (e) obtain alia keep in effect all permits and Ucenses
<br />that may be required (or the Installation and operation of the Equipment; If) pay all usage fees Imposed by any governmental authority In connedlon
<br />with the Equipment; (g) provide us a complete Monitorlnll Information Schedule so we may caU your designated contacts In the event we reasonably
<br />believe there Is an emergency at your Premises; (h) provide us any other emergency Informatlon we may request; (i) promptly update us In writing with
<br />any changes to your Monitoring Information Schedule; and Ol notify us prlor to any change In your phone service, Including, but not limited to a
<br />disconnection of your regular phone line or any change In vendors of your phone service. Your fallure to perform under Ihls Paragraph 12 is a material
<br />breach of Ihls Agreement. You agree that we may provide the InformatIon on the Monitoring Information Schedule to any governmental authority
<br />having jurisdiction over us or the EqUipment. LOCAL AUTHORITIES MAY NOT RESPOND TO ALARM NOTIFICATIONS UNTIL ALL PERMITS AND LICENSES
<br />FOR USE OF THE EQUIPMENT HAVE BEEN OBTAINED, AND THEREFORE WE MAY NOT BEGIN MONITORING lHE EQUIPMENT, AND MAY NOT DISPATCH
<br />EMERGENCY AUTHORITIES IN THE EVENT OF AN ALARM ACTIVATION, UNTil YOU HAVE OBTAINED, AT YOUR EXPENSE, AlL NECESSARY PERMITS AND
<br />L1CENSES,ANO PROVIDED US WITH THE LICENSE OR PERMIT NUMBER.
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<br />13. Services,
<br />A. Monltorlni' Services. If you have subscribt'd to Monitoring, Signal Receiving and Notifl(atlon Services, we shall program the Equipment (0
<br />communicate to our monitoring facility ("Central Station"l. When the Cenlral Stallon receives an alarm signal from the Equipment (an "Alarm (vent"),
<br />we will make reasonable efforts, consistent with local laws and our response policies, to contatt the appropriate local emergency response provider
<br />("Emergenc\, Response Provider" or ~ERP"I. and the flrsl person designated on your Monitoring Informatfon Schedule, In the event a burglar alarm
<br />signal or lire signal registers at the Central Station. we may, In our sole discretion, endeavor to contact the Premises by telephone to verify that the
<br />Alarm Event Is not a false alarm. Local governmental regulallons and Industry standards desIgned to reduce false alarms may resullln conditions or
<br />restrlctlons on the dispatch of ERPs In response to an Alarm Event, and such conditions or restrictions may result In delays of notification of authorities
<br />or requlrp, thai additional measures he taken 10 Verily the Alarm Event before dispatch. We do not guarantee that such additional measures wHl be
<br />successful or that Emergency Response Providers will be dispatched should an Alarm [vent occur. In the event il superviSOry slllnal or trouble signal
<br />registers at our Central Station, we shall endeavor to notily the Premises or the lirsl available person designated on your MonitorinR Information
<br />Schedule. We may, without notice to you, In response to governmental or Insurance requirements, or otherwise in our Sale discrction, alter, amend or
<br />discullllnul! any of (Jur pulides and procedures (or alarm response. Also, you acknowledge and allree that any speclallnstructions provided by you for
<br />the handling of alarm signals must be pre_~ented and agreed to by us In writing. We may, in our ~ole discretion, reject your special Instructions. You
<br />understand that any deviation from our normal Alarm Event handling procedures may re~lJlt In inCfp.ased risk of loss or damage to you and your
<br />Premises.
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