<br />Mast'!r T'!rms and Conditions
<br />
<br />1. Premises, Customer rCustomer" or "you"), as a commercial enterprIse, may now or In Ihe future have one or more physical business local Ions
<br />("Premises") for which you desire to obtain from Protection One {"Protection One, Q "we" or "un various Equipment and Services. Each of your
<br />Premises to be covered by this Agreement shall be listed and described in this Agreement or in a separate Additional Premises Rider which may be
<br />completed and executed by the parties. This Agreement will supersede and govern over any inconsistent provisions contained In any other prior
<br />agreements, written or oral, between the parties concerning any PremIses covered by this Agreement.
<br />
<br />2, Charges. In consideration of the Equipment and Services we provide hereunder. you agree to pay Protecllon One the Equipment Charges and
<br />the Service Charges shown above, any activation or other fees, plus applicable taxes (coJlecUvely, the "Charges"', In accordance with Ihe Payment Terms
<br />set forth above. OUR CHARGES UNDER THIS AGREEMENT ARE BASED ON YOUR AGREEMENT TO RECEIVE AND PAY FOR THE SERVICES FOR AT LEAST
<br />THE FULL INITIAL TERM DESCRIBED IN PARAGRAPH 3 BELOW. Jf you prepay the total amount due under this Agreement prior to the end of the Initial
<br />Ttum of thls'Agreement, then there Is no penalty or refund except as otherwise provided herein. Payment of the Equipment Charges Is a precondition to
<br />the activation of the Equipment and any Services you have selected. We may Impose a one.lime late charjte on each payment that is more than ten 110)
<br />days past due, which shall be $5.00 or the highest amount permitted by law, whichever Is less. We may impose returned check charges of up to $25.00
<br />on each returned check. You consent and authorize us to: (I) report your payment performance under this Agreement to credit reporllng agencies; (ii)
<br />obtain and transmit your Taxpayer 10 Number to our affifiates and credit reportlrg agencies for purposes of verifying your credit history and rating; and
<br />(iil) record our telephone conversations with you and the users of Ihe Equipment and Services for verification and quality control purposes. YOU
<br />AGREE NOT TO SEND PROTECTION ONE PAYMENTS MARKED "PAID IN FUll," "WITHOUT RECOURSE", OR WITH SIMILAR LANGUAGE. IF YOU SEND
<br />SUCH A PAYMENT, WE MAY ACCEPT IT WITHOUT LOSING ANY Of OUR RIGHTS UNDER THIS AGREEMENT OR AT LAW, AND YOU WILL REMAIN
<br />OBLIGATED TO PAY ALL FURTHER AMOUNTS OWED TO US, All WRITTEN COMMUNICATIONS CONCERNING DISPUTED AMOUNTS, INCLUDING ANY
<br />CHECK OR OTHER PAYMENT INSTRUMENT THAT INDICATES THAT THE PAYMENT CONSTITUTES "PAYMENTlN FULL" OF THE AMOUNT OWED OR THAT
<br />IS TENDERED WITH OTHER CONDITIONS OR L1MITATlONSOR IN FUll SATISFACTION OF A D1SPUTEDAMOUNT, MUST BE MAILED OR DELIVERED TO US
<br />AT: PROHCTION ONE ALARM MONITORING, INC" AnENTION: EXECUTIVE CUSTOMER RELATIONs,aoo E. WATERMAN, WICHITA. KS 61202
<br />
<br />3. Term. The InItial term of this Agreement shall be for (1) years (the "'nitlal Term"l. The Initial Term shall begIn on the date the
<br />Equipment Is Insta!led and Is operational, 3nd when any necessary communIcations connection Is completed. In the case of the InstallatIon of
<br />Equipment or the performance of Services at multJple Premises, the Initial Term for each such individual Premises shall begin on the date the Equipment Is
<br />Installed and Is operational at each such individual Premises. In the case of a sy~tem takeover or renewal of an existing agreement where no new
<br />equipment Is Installed, the Initial Term for each such Individual Premises shall begin at each such Individual Premises when any necessary communications
<br />connection Is completed, or the date the new agreement 15 signed, whIchever occurs last. You may terminate thIs Agreement, at any Urne, upon thilty
<br />(30) days' prior written notice to us. The term of this Agreement and of each Individual Premises shalt automatically renew for successive one (1) month
<br />renewal terms unless we receive your wrlHen termination notice at least thirty (3D) days before the end of the then current term. In the event that you
<br />terminate thIs Agreement or any Individual Premises prior to the end of the then-current term, you agree to pay us, In addition to aU other Charges due
<br />prior to termination, the Charges remaining to be paid for the unexpired porllon of the term of this Agreement or of any Individual Premises. Customer
<br />acknowledges and agrees that this amount is an agreed upon early termination charge In the nature of liquIdated damages. and is not a penalty.
<br />
<br />4. Increasesln Charges. We may Increase our Service Charges for each Premises after the third year of the Initial Term for each such Premises (but
<br />no more than once in any twelve (12) month period) by giving you thirty (30) days prior written notice.
<br />
<br />5. Additional Charges. Additionally, you agree to pay, or to reJmburse us If we pay, all false alarm fines and assessments, and all taxes, fees or
<br />other ch~rges of 3ny local gowm!mental authority that relate to the (qlilpment or our Services, other than taxes assessed on OUi ne! income. You
<br />further agree to pay: tal all telecommunIcations charges for area code, telephone numbering or other changes; {b} our th!'!n.current charge for
<br />reprogramming the EquIpment to comply with any area code, telephone numbering or other changes; (c) any Increases in our cost for facilities used for
<br />transmitlfng alarm sIgnals under this Agreement; and (d) our charges resulting from services we may add to continue to proVide the Services to you, due
<br />to police, fire or other emergency responsE policies of any governmental body, such as physical or visual alarm verification reqUirements. In addition,
<br />you shall be responsible for moditicatJons to the Equipment due to changes in standards and regulations of governmental or regulatory authorities,
<br />including but not limited to, the Federal Communications Commission ("FCC), any state or local Fire Marshal, the National Fire Protection Association,
<br />Underwriters laboratories, nre or ~)QI1ce department. You agree to pay a service charge If we respond to a service call or alarm al your Premises which Is
<br />due to your failure to follow operating Instructions or to properly lock or close a window, door or other protected point, or Improper or unauthorIzed
<br />adjustment to any of the EquIpment. Payment for such additional charges Is due upon receipt of our Invoke for such charges.
<br />
<br />6. Installation and Sale. IA) We Install Equipment accordine to local codes and ordlnance~ (if appUcabfe) and according to your particular
<br />preferences. Installation 0' EquIpment 15 subject to the followIng conditions: (11 We can access your Premises without Interruption during our installer's
<br />normal working hours; (2) The Installation may require drilling into various parts of your Premises; (3) You will provIde 120V AC electrical outlets for
<br />power equipment In locations designated by the installer; and (4) You will be responsible for liftIng and replacing carpeting, if required, for Installatlon of
<br />floor mats or wiring, There may be areas whelethe installet determines that It Is Impractical to conceal equipment and Wiring. You must within ten (10)
<br />days after the Installation 15 complete, inspect the Equipment and notify us In Wilting of any problems. Olhel'\vlse, you will be deemed to have
<br />conclusively accepted the Equipment. If asbestos or other hazardous materials ("Hazardous Materials") are encountered during installation, then
<br />Jnslallation work will cease until you, at your sole cost and expense, remove such Hazardous Matetlals. Protection One shall not be responSible for
<br />securing any Premises during the period of Installation. (8) Owneuhlp of the EquIpment that we Install under this Agreement shall be described in the
<br />paragraph taled ''lran..actlon Type" on page 1 of this Agreement, or on a separate Adtlitlon;J1 Premises Ride., or Schedule of Protectioo, and shall be one
<br />of the following: II) OutrlJ!ht S.1!le. If you have elected to purchase the Equipment, then, e)(cept as set forth below, you will own the Equipment we
<br />install at your Premises when you pay the full purchase price described on page 1 of this Agreement, or on a separate Additional PremIses Rider or
<br />Schedule of ProtectJon. Notwlthstandl,lg anything In thIs Agreement to the contralY, ownership of (<I) any communication device thaI makes use of
<br />radio, cell~lar or internet communication palhs (Including without limitation, all equipment assocIated with ^!armNet') shall be retained by Protecllon
<br />One or Its owner, and (b) certain Intellectual property associated with the Equipment and our Services, such as celtain software, data and
<br />Installer/programming codes, shall remain the properly of their respective owners. (II) Protection One Owned Eauloment. We retain ownership of the
<br />Equipment we Install at your Premlse~. Upon the termination of this Agreement or any Individual Premises, you aglee that we may enter your Premises
<br />and remove our Equipment (including external signs and decals) and/or disable the Equipment. Should you fail or refuse to allow us a(Ces~ to ycur
<br />
<br />647001161.DVl6.SC16Ui!9
<br />PCP BVlg
<br />
<br />"'ag1l3019
<br />
<br />SIB
<br />
|