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<br />communfcation~ link with our Central Station. If you have selected SecurcCell or PrimeCell services, then you acl<.nowlCldge thatthcrCl may be times when
<br />the Equipment will be unable to acquire, transmit or maintaIn an alarm signal, and that radio frequency transmlHlons maybe Impaired or InleHupted by
<br />a vatle-ty of conditions alld drcumstallce~ be-yond our reasonable control, including storms and power failures. Accordingly, the utiHution of a backup
<br />means of communication with our Central Station is always recommended. Also, changes in rules, regulations and policies of the FCC and other
<br />governmental bodie.s may requIre discontinuation or modification of some or all of these ServIces. Should your cellular or radio transmiltermalfunctlon,
<br />It could interfere with Ihe proper operation of the entire network communicating with our Central Station and other communications transmissions.
<br />FCC regulations require that we or our contractors or designees have Immedlale access to your transmilter In the event of such a malhmctlon or
<br />emergency, and YOII "gree to pHmlt access to such persons In such an event. Should you reruse to provide such access, you agree we wlll be entitled to
<br />obtain an ex parte courl order permitting access to either repair or remove the trammitter, or take such other steps as are appropriate under the
<br />circumstances. You agree to pay all reasonable expeme~, Including attorneys' fees, we Incur In connecllon w1th 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 able to remotely arm, disarm and make changes to, and receIve various notifIcations from, the Equipment. Based on your account configuration,
<br />you may also receive e.mall, text or video transml!.slons notifying you of selected events that occur with the Equipment. You agree that Ihese
<br />notifications are not Intended to replac.e our professIonal monitoring services and understand that there Is Inherent risk associated with respome to
<br />potential Alarm Evenls. 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 nol responSible for any software or hardware purchases necessary for you 10 remotely access the Equipment. Also, we arc
<br />flot responsible for your internet, cellular or telecommunication services, which can be affected by condltl(Jns beyond our reasonable conlrol.
<br />
<br />H. Direct Connect SelVlces. If this Agreement so indicates, we will Install a direct connection to the law enforcement, lire department or other
<br />agency shown on your Monitoring Informallon Schedule. Alarm signals lfansmitted by the Equipment will be m(Jnitored by the police and/or lire
<br />departments or other ERP's or their agents. You acknowledge and agree that such agencies are not the agents of Protection One. Pr(Jtection 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 pers.ons
<br />monitorIng the EquIpment.
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<br />I. Insoectlons. We will provide the number of inspections of the Equipment as speCified In thIs Agreement durIng our normal working hours and
<br />subjec.t to the conditions and exclusions set forth In Paragr.1ph 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 emefllenty
<br />condition before responding to a request ror assistance, Ihen you agree to subscribe to such verification service, or otherwise comply wilh such
<br />requirements. We may charge an additIonal fee for such service.
<br />
<br />1<. DevIce Verification ServIce. If you subscribe to Device Verification service, EqUipment will be Installed which, as to certain locations (n the
<br />Premises, requires the activalfon of two (2) or more sensing devices, requires a second ac.tivatlon 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 for disconnecting or reconnectIng the alarm sounding and/or transmitting Equipment at the Premises.
<br />
<br />l. Vault Protection. You represent and warrant to us that any vault covered under this Agreement by sound or vibration detec.tlon 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 deslgn3ted In thIs Agreement prior to setting the Equipment for closed perlod~ according to procedures established from
<br />lime to time by Protec.tion One, and to notify us promptly in the event that such equipment fails to respond to the test.
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<br />14. limitations on our Warranty. Extended Service Plan and Service Obligations. We perform repair services only during our normal working
<br />h(Jurs 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, THEN WE MAY REQUIRE YOU TO PAY FOR OUR SERVICES AT OUR THEN.CURRENT RATES FOR LABOR AND PARTS.
<br />The ElCtended Service Plan shall apply to consumable items such as batteries, and to wIndow foil, s.ecurity screens and elClerior mounted devices, only for
<br />the Warranty Period following installatlon. In addilfoo, we have 00 oblfgatlon under our limited Warranty or Extended Servic.e Plan if we determine that
<br />any of thl' following conditions caused the need for sef\flte: (A) Damage resulting from storms, natural disasters, accIdents, acts 01 God, strikes, riots,
<br />"oods, terrorIsm or any other cause beyond ProtectIon One's reasonable control; (8) Your failure to properly dose or secure a door, window or other
<br />point protected by an alarm device, or to properly follow operatIng Instructions; Ie) Telephone line malrunctlons or modifications to your telephone
<br />service that render It Incompatible wllll the EquIpment or our Central St.1tJon; (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 .1oyone other than our authorized
<br />represent.1tive to perform service on the EqUipment; (EI Physical alterations to your Premises or to the Equipment, or made necess.1ry 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 electrical power al your expense to obtain warranty sef\flces. Charges for non-covered repairs will be at our then-current
<br />labor and malerlal rates., Including a minImum visit or trip charge. OTHER THAN THE LIMITED WARRANTl' AND OUR OBLIGATIONS UNDER TIlE
<br />EXTENDED SERVICE PLAN (IF SUBSCRIBED TO), WE MAKE NO GUARANTl' OR WARRANTl' OF ANY KIND WITH RESPECT TO HIE SERVICES WE PERFORM
<br />OR THE EQUIPMENT WE PROVIDE UNDER THIS AGREEMENT, INCLUDING WmiOUT UMITAOON, ANY IMPliED WARRANTY OF MERCUANTABILITY,
<br />SUITABIliTY, CONDITION, OR FITNESS FOR A PARTICULAR PURPOSE.
<br />
<br />1~. Oelays. We shall have no liability for delays in Installation of the E'1uipment or for the consequences thereof, however c<,used, or lor
<br />inlerruptlons of Service or for the consequf>nces thereol, due to strikes, riots, floods, acts of God, teltorlsm, or any other causes beyond the reasonable
<br />conlrol of Protection One, and Protection One will not be required to provIde Services or substitute services to you while any Interruption of Services
<br />due to any such causes shall cOntinue.
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<br />16. AssIgnment. You may not assign any of your right,> or obllgatlons hereunder, whether by operation of I<lw or otherwise, without our prior
<br />written come nt, which shall not be unreascn3bty withheld, conditioned or dc13ycd. N:Jtwithstandlng the foregoing, provided you are not In default
<br />under Ihls Agreement, you may assign thIs Agreement In its entirety, without our consenl, In connection with a merger, acquisition, corporate
<br />reorganilation, or a sale of aU or substantially all of your assets, to a person or entity which expresSly assumes and agrees to perform your obligations
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