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Premises; orovided however. that the terms of this Paragraph 10(a) shall not apply to, and we shafl not In any event be liable for, Losses: (j) arising out
<br />of, resulting from, or in any way due or attributable to, the condition, nonfunctionlng, malruncUon, laulty design, faulty Installation, or failure in any
<br />respect of the Equipment or Services to operate or perform as intended (collectively, "Alarm Failure [vents"), regardless of whether such Alarm Failure
<br />Events arise out of the negligent acts or omissions of Protection One, its agents, employees, subcontractors and/or suppliers (including software
<br />suppliers); and/or (ill any loss of or damage to any computer system or electronic data arisIng out of, resulting from. or ~ltributable to, an Alarm Failure
<br />Event or yOUr request for our technician to access your systems or program your firewalls, routers and switches. Any liability of Protection One for
<br />Alarm Failure Events or losses arising out of Alarm Failure [vents Is sltictly limited pursuant to Paragraph lO(bl below.
<br />
<br />(b) llmitatfon of U~bHitv for Alarm Failure Ew!nts. 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, NOTWlTtlSTANDING THE PROVISIONS OF THIS PARAGRAPH 10(B), WE OR ANY PERSON OR ENTITY AFFILIATED WITH US ARE OETERMINED 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 US 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 PROTEClION ONE'S NEGLIGENCE OR THAT OF OUR AFFlLlAlES OR OUR RESPECTIVE EMPLOYEES OR AGENTS, BREACH OF CONTRACT, BREACH 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 AMENDMENTTO THllj AGHHMENT STATING THE EXTENT OF OUR ADDlTIONAlllA81l1TY AND THE ADDITIONAL COST
<br />TO YOU. YOU AGREE THAT WERE WE TO HAVE LIABIliTY GREATER THAN THAT STATED ABOVE, WE WOULD NOT PROVIDE THE EQUIPMENT OR
<br />SERVICES.
<br />
<br />(e) Intellectual Prooertv Indemnlflcatlon. If Protect/on One has received from the manufacturers of the Equipment we install, an agreement to
<br />Indemnify and/or defend any claim or suIt or proceeding brought 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 rIghts, then Protection One shall Indemnify you and defend you against all such
<br />claims to the extent (and only to the ektent) such an Indemnity and/or defense is provided by the pertinent Equipment manufacturers. Should you
<br />receive notice that the Equipment allegedly Infringes the rights of any third ptlrty, you shalt promptly notify Protection One in writing, and shall give full
<br />authority, informallon and assistance to Protect/on One in connection with Its Investigation of the claim, and In connedlon with any settlement or
<br />compromise of such claim made with your consent, which shall not be unreasonably withheld, conditioned or delayed. In addition, Protection One may,
<br />at Its sole cost and expense, elect to replace or modify the Equipment so that alleged Infringement will not exist; orovlded however. that such
<br />replacement equipment or modified equipment will continue to have at least the same functIonality and performance specifications as the EquIpment
<br />Installed pursuant to this Agreement, and shan be acceptable to you in your reasonablE! discretion. Protection One shall not have any other flabHily to
<br />you with respect to claims of Intellectual property Infringement.
<br />
<br />Cd) Conseauentlal Dama~es. NOTWITHSTANOING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL WE BE LIABLE; TO YOU
<br />OR ANY OTHER PERSON fOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECULATIVE, SPECIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES,
<br />INCLUOING, BUT NOT LIMITED TO,LOSS OF BUSINESS, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE, EVEN If WE HAVE BEEN ADVISED OF
<br />THE POSSIBILITY OF SUCH DAMAGES.
<br />
<br />(e) Survival. The terms of this Paragraph 10 shall survive the termlnatfon of thIs Agreement and of your Account, as well as voluntary payment In
<br />full by you, any legal proceedings by us to collect a debt owed by you, any bankruptcy by you, and/or any sale by us of your Account.
<br />
<br />12. Customer Duties. You agree to: (a) Instruct all persons who use the Equipment on its proper use; (bl test the Equipment's protective devices
<br />and send test signals monthly to our Central Station; (e) turn off, control or remove all air conditioning systems, heaters and other items that intedere
<br />with tllaflrl detection devices; {d} notify lJS Immediately If a problem with the Equipment occurs; Ie) obtain and keep it. effect all permits and licenses
<br />Ihal may be required for the Installation and operatlon of the Equipment; (f) pay all usage fees Imposed by any tlovernmental authority In connection
<br />with the Equipment; (g) provide us a (omplete Monitoring Information Schedule so we may call your designated contacts In the event we reasonably
<br />believe there Is an emergenc.yat your Premises; (h) provide us any other emergencyinforrnatlon we may request; (I) promptly update us In writIng with
<br />any changes to your Monitoring Information Schedule; and OJ notify us prIor to any change In your phone servIce, including. but not limited to a
<br />disconnectlon of your regulilr phone Une or any change In vendors of your phone service. Your failure to perform under this Paragraph 12 Is a material
<br />breach of this Agreement. You i1gre(! 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 utE EQUIPMENT HAVE ElEEN OBTAINED, AND THEREFORE WE MAY NOT BEGIN MONITORING ruE 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 />LICENSES, AND PROVIDED US WITH THE LICENSE OR PERMIT NUMElER.
<br />
<br />13. Serv](es.
<br />A. Monl19!iJ:!g~. If you have subscribed to Monitoring, Signal ReceivIng and NotificatIon Services, we shall program the Equipment to
<br />communicate to our monitoring facility ("Central Station"). When the Central Station receives an alarm signal from the Equipment {an "Alarm Event"},
<br />we will make reasonable eHerts, consistent with local laws and our response polides, to conta(t the appropriate local emergency response provider
<br />("Emergency Response ProvIder" or "ERP"), and the first person designated on your Monitoring Information Schedule. In the event a burglar alarm
<br />sIgnal or fire sIgnal registers at the Central Station, we may, in our sole discretion, endeavor to contact the Premises by telephone to verify thai the
<br />Alarm Event Is not a false alarm. Local governmental regulations and Industry ~tandil(ds designed to reduce false alarms may result In conditions or
<br />testrictlons on the dispatch of ERPs In response to an Alarm Event, and such condilions or restrlctlons may (esult In delays of notification of authorities
<br />or require that addillonal mea~ures be takelltO' verify the Alarm Event beror~ dispatch. W~ do not guarantee that such additional measures will be
<br />successful or that Emergen<:y Response Providers will be dispatched should an Alarm Event occur. In the event a supervisory signal or trouble sIgnal
<br />registers at our Central Station, we shall endeavor to notify the Premises or the first avallab!e 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 sole dlscretlon, alter, amend or
<br />discontinue any of our policies and !)ro(edures for <llarm response. Also, you acknowledge ilnd agtee that <IllY speciallnstrucllons provIded by "'QIJ for
<br />the handling of alarm signals must be presented and agreed to by us In writing. We may, In our sole discretion, reject your speclallnstructiom. You
<br />understand that any deviation from our normal Alarm Event handling procedures may result In inc(ea~ed risk of los5 or damage to you and your
<br />PremIses.
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