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<br />obtain an ex parte court order permilllng access to either repair or remove the transmitter, or take such other steps as are appropriate under the
<br />circumstances. You agree to pay all reasonable expenses, includIng attorneys' fees, we Incur In connection with such proceedings.
<br />
<br />G. ~ If you have subscribed to e-Secure services, you will have access to your monitoring account vIa an Internet or other connection, and
<br />will be all Ie to remotely arm, disarm and make changes to, and receive varieus notificatlons from, the Equipment. Based on your account configuration,
<br />you may also receive e-mail, text or video transmissions notifying you of selected events that occur with the Equipment. You agree that thl!se
<br />notlflcallons are not Intended to replace our professional monitoring services and undNstand that there Is Inherent risk associated with response to
<br />potential Alarm Events. Under no circumstances will we be liable for any loss, injury or damage of any kind Incurred as a result of your response to
<br />these notifications. We are not responsible for any software or hardware purchases necessary for you te remotely access the Equipment. Also, we are
<br />not responsible for your Internet, cellular or telecommuniulion services, which can be affected by conditions beyond our reasonable contre!.
<br />
<br />H. Direct Connect Serv/(es. If this Agreement so Indicates, we will Install a direct connection to the law enforcement. fire dep,Htment or other
<br />agency shown on your Monitoring Information Schedule, Alarm sIgnals transmitted by the Equipment will be monitored by the pollee and/or fire
<br />departments or other ERP's or their i1gents. You i1cknowledge aodagrCf!that such ilgencles are not the agents of Protection One. Protection One hereby
<br />disclaims any responsibility for the manner In which such signals are monitored, and/or the response, or lack of response, to such signals by the persons
<br />mcnitorlng the Equipment.
<br />
<br />I. Insoecllons. We will provide the number of Inspections of the Equipment as specified in this Agreement during our normal working hours and
<br />subject to the conditions and exclusions set forth In Paragraph 14 below,
<br />
<br />J. Alarm Verlflcatlon. If your police or fire department now or in the future reqUires physical, visual or other verification of an emergency
<br />condition before responding to a request for assistance, then you agree to subscribe to such verification servtee, or otherwise comply with such
<br />requirements. We maycharee an additional fee for such service.
<br />
<br />1(. Device VerIfication Service. If you subscribe to Device VerificalJon service, Equipment will be installed which, as to cerlain locatiens in the
<br />Premises, requires the activation of two (2) or more sensing devices, requlrcs a second activation of a single alarm sensor, or reqUires a continuous
<br />alarm event from a single sensor,ln order for an alarm signal to be transmitted. You assume (ull responsibility for the operation of any and all bypass or
<br />switch unIts provIded for disconnectIng or reconnecting the alarm sounding and/or transmlltlng Equipment ,It the Premises.
<br />
<br />1. Vault Protection. You represent and warrant to us that any vault covered under this Agreement by sound or vibration detection systems has
<br />the minImum construction characteristics prescribed by the Underwriters' laboratories, Inc. You agree to test any ultrasonic, microwave. capacitance or
<br />other electronic equipment desIgnated in this Agreement prior to setting the EquIpment for closed perIods according 10 precedures established from
<br />Ume to time by Protecllon One, and to notify us promptly In the event that such equipment falls to respond to the test.
<br />
<br />14. Limitations on our Warranty, Extended Service Plan and ServIce Obligations. We perform repair services only during our normal working
<br />hours which are 8;00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. If YOU REQUEST US TO PERfORM REPAIR SERVICES OUTSIDE OF
<br />OUR NORMAL WORKING HOURS, mEN WE MAY REQUIRE YOU TO PAY FOR OUR SERVICES AT OUR THEN. CURRENT RATES fOR LABOR AND PARTS.
<br />The Ex:tended Service Plan shall apply to consumable items such as batteries, and to window foit, securityscreellS and exterior mounted devices, only for
<br />the Warranty Period fellcwlng Installatton. In additlen, we have no oblIgation under our limited Warrantyor Extended Service Plan if we determine that
<br />any of the following conditIons caused the need for service: (A) Damage resulting from storms, natural disasters, accidents, acts of God, strikes, riots,
<br />floods, terrorism or any other cause beyond Protectlon One's reasonable control: (B) Your failure to properly close or secure a door, window or other
<br />point protected by an alarm device, or to preperly follow operating instructions; (C) Telephone line malfunctions or modifications to your telephone
<br />service that render it Incompatible with the Equipment or our Central Station; ID) Your failure to provide ordinary maintenance to the Equipment or its
<br />compenents (repairs due to ordinary wear and tear are not eKcluded under our Extended Service Plan), or yOlt permit anyone other than our authorlled
<br />representative to perform service on the Equipment; (E) Physical alterations to your Premises or to the Equipment, or made necessary by damage to
<br />your Premises or the Equipment; or (F) Any of the reasons described In Paragraph 5 above. Our warranty applies only to Equipment Installed by us. You
<br />must furnish the necessary electrIcal power at your expense to obtain wartanty services. Charges fer non.covered repaIrs will be at our then. current
<br />labor and materIal rates, Including a minimum visit or trip charge. OTHER THAN THE LIMITED WARR^NTY AND OUR OBLIGATIONS UNDER THE
<br />EXTENDED SERVICE PLAN (IF SUBSCRIBED TO), WE MAKE NO GUARANTY OR WARRANTY OF ANY KINO WITH RESPECT TO THE SERVICES WE PERfORM
<br />OR Tm EQUIPMENT WE PROVIDE UNOER THIS AGREEMENT, INCLUDING WrTHOUT UMfTATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
<br />SUITABILITY, CONDITION, OR FITNESS fOR A PARTICULAR PURPOSE.
<br />
<br />15. Deloys. We sholl have no liability for delays In Installation of the EquIpment or for the consequences thereof, however caused, or for
<br />interrUptions of Service or fot the consequences thereof, due to strikes. riots. flood~, acts of God, terrorism, or any other cause. beyond the reasonable
<br />controlr.f f'rotectlon One, and Protettlon One wlll not be required to provide Servlce~ Qr substitute sel"\iices to you while ony Intcrruptlon of Services
<br />due to any such causes shall continue.
<br />
<br />16. AssIgnment. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without OUr prior
<br />wriuen consent, which shall not be unreasonably withheld, condilfoned or delayed. Notwithstanding the foregoing, provided you are not In default
<br />und~r this Agreement, you may assIgn this Agreement In its entirely, without our consent, in connecUon with a merger, acquisition, corporate
<br />reorganization, /)r a 5al~ of all or sv!)stanUally all of your ~sseh, to a person or entity which e'tpressly aHumes and agrees to pe,form your obligations
<br />hereunder. Subject to the foregoing, this Agreement shalt bind and Inure to the benefit of the parties, ..nd their respective successors and permitted
<br />assIgns. We may assign this Agreement or subcontract any or all of our obllgatlons under this Agreement without your consent and without nollce to
<br />you. The provisions of this Agreement (i) apply to and Inure to tt1e bent>fit of eolch of Ollr assignees, suhr.ontrattors and/or suprlif'(~ (including our
<br />software suppliers), and (ii) bind you to 311 such persons or entities with the S3me force ar.d effect as they bInd you to Protection One. This Ir.cludes the
<br />protections set forth In Paragraphs 9, 10 and 11. In this Agreement, "Services" shall be deemed to include aU alarm monitoring-related services,
<br />InduJing but not limited to all such s~rvlces provided, In whr.le or in part, though or In common with any software that we license from our software:
<br />suppliers.
<br />
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