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<br />obtain an elt parte court order permitting access to eitl1er repair or remove the transmitter, or take such other steps as are appropriate under the
<br />circumstances. You agree 10 pay all reasonable expenses, including attorneys' fees, we Incur In conneclion with such proceedings.
<br />
<br />G. e-Secure. If you have subscribed to e-$ecure services, you will have access to your monitoring account via an internet or other connection, and
<br />will be able to remotely arm, disarm and make changes 10, and receive various notifications (rom, the Equipment. Oased on your account configuration,
<br />you may also receive e-mail, texl or video transmissions notifying you of selected events that occur with the Equipment. You agree that these
<br />notifications are not tntended to replace our professional monitoring services and understand that there Is Inherent risk associated with response to
<br />potential Alarm Evenls. Under no circumstances wlll 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 to remotely access the Equipment. Also, we are
<br />not responsible for your Internet, cellular or telecommunlcallon services, which can be affected by conditions beyond our reasonable control.
<br />
<br />H. Direct Connect Services. If thls Agreemenl so Indicates, we will Install a direct connecllon to the law enforcement, fire department or other
<br />agency shown on your Monitoring information Schedule. Alarm signais transmitted by the EquIpment will be monitored by the police and/or Fire
<br />departments or other f.RP's or their agents. You acknowledge andagreethat such agencies are not the agents of Protealon 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 />monitoring the Equipment
<br />
<br />I. Insoect!ons. We will provide the number of inspecllons 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 Veriflcatlon. If your police or fire department now or in the future requires physical, visual or other vetificatlon of an emetgency
<br />condilion before responding to a request for assistance, then you agree to subscribe to such verification service, or otherwise comply with such
<br />requltements. We may charge an additional fee for such service.
<br />
<br />K, Device Verification Service. It you subscribe to Device Verification service, Equipment will be installed which, as to certain locations in the
<br />Premises, requires the activation of two (21 or more semlng devices, requires a second activation of a single alarm sensor, or requires a continuous
<br />alarm event from a sIngle sensor, in order for an alarm signal to be transmitted. You assume full responsibility for the operation of any and all bypass or
<br />switch units provIded tor disconnectIng or reconnecting the alarm sounding and/or transmitl1llg EquIpment at the Premises.
<br />
<br />1. Vault Protection. You represent and warrant to us that any vault covered under this Agreement by sound or vibrallon detection systems has
<br />the minimum construction characteristlcs prescribed by the Undef\'lflters' laboratories. tnc. You agree to lest any ultrasonic, microwave, capacitance or
<br />other electronIc equipment designated tn this Agreement prior to setting the Equipment for closed periods according to procedures established from
<br />time to time by ProtectIon One, and to noUfy us promptly In the event that such equIpment fails to respond to the test
<br />
<br />14. limItations on our Warranty, Extended Service plan and ServIce Obl/gatlons. 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, elCcluding holidays. IF YOU REQUEST US TO PERFORM REPAIR SERVICES OUTSIDE OF
<br />QUR NORMAL WORKING HOURS, THEN WE MAY REQUIRE YOU TO PAY FOR OUR SERVICES AT OUR THEN. CURRENT RATES FOR LABOR AND PARTS.
<br />The Extended Service Plan shall apply to consumable Items such as batteries, and to window foil, security screens and extetior mounted devices, only for
<br />the Warranty PerJod following InstallatIon. In addillon, we haveno obligation under our limited Warranty or 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, rlols,
<br />floods, terrorism or any other cause beyond Protection One's reasonable control; (6) Your failure to properly close or secure a door, window or other
<br />point protected by an alarm device, or to properly lollow opefallng Instructions; (e) Telephone line malfunctlons or modifications to your telephone
<br />service that render It Incompatible with the Equipment or our Central Stalion; (0) Your failure to provide ordinary maintenance to the Equipment or its
<br />components (repairs due to ordinary wear and tear are not excluded under our Extended Service Plan), or you permit anyone other than our authorized
<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 IF) Any of the reasons described In Paragraph 5 above. Our warranty applies only to Equipment Installed by us. You
<br />must furnish the necessary electrlcal power at your cil"pense to obtain warranty services. Charges for /lon-covered repairs will bl! at our then.current
<br />labor and material rates, including a minimum visit or trip charge. OTHER THAN THE lIMITED WARRANTY AND OUR OBliGATIONS UNDER THE
<br />EXTENDED SERVICE PLAN (IF SUBSCRIBED TO), WE MAKE NO GUARANTY OR WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES WE PERFORM
<br />OR THE EQUIPMENT WE PROVIDE UNDER THIS AGREEMENT, INClUDING WrTHOUT UMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
<br />SUITABIliTY, CONDlTION, OR FITNESS FOR A PARTICULAR PURPOSE.
<br />
<br />IS. DelaY$. We ~haU have no !lability for dclilYS in lnstall3t:on at the Equipment or for the consequences thereof, however caused, or fot
<br />interruption$ of Set'Jke or for the consequence5 thereof, duC! to strikes. riots. noods. acts of God, terrorism, or any other causes beyond the reasonable
<br />control of Protection One, and Protection One will not b~ required to provide Services or substitute selVJccs to you while any InterruptIon of Servlccs
<br />due to any such causes shall continue.
<br />
<br />16. AssIgnment. You may not assign any of your rights or obligations hereunder, whetl1er by operation 01 law or otherwise, without our prior
<br />written consent, which shall not be unreasonably withheld, conditioOf'd or delayed. Notwith~tanding the foregoing, provided you are not tn default
<br />under this Agreement, you may assIgn this Agreement In its enUrety. without our consent, in connecUon with a merger, acquisition, corporate
<br />reorganization, or a sale of all or substantially all of your assf'ts, to a person or entity which expressly assumes and agrees to perform your obligations
<br />hereunder. Subjec.t to the foregoing, this Agreement shall bind and inure to the benefit of the parties, and their respective successors and permitted
<br />assIgns. We may 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 (I) apply to and Inure to th~ benE'fit of e~ch of our assignees, s;ubconlraltors iJnd/or suppliels {including out
<br />software suppliersl, and (iiJ bind you to a!1 such persons or ('ntities with the same force and eHect as the\' bind you to Protection One. This includes the
<br />protections sel forth in Paragraphs 9, 10 and 11. In this Agreement, "Services" shall be deemed to include all alarm monitoring-related services,
<br />Including but not limited to all such se,-vlces provided, In whole or In part, though or In common with any software that we tic~nse from our scftware
<br />suppliers.
<br />
<br />64704151 . DVI6 -$Cl 60 ~9
<br />GovCenle,2012
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