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obtain an ex porte court order permitting 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'lees,we incur in connection with such proceedings.
<br /> G. e-Secure. 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,
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<br /> notifications are not Intended to replace our professional monitoring services and understand 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 to remotely access the Equipment. Also,we are
<br /> not responsible for your internet,cellular or telecommunication services,which can be affected by conditions beyond our reasonable control.
<br /> H. Direct Connect Services, If this Agreement so indicates,we will install a direct connection to the law enforcement,fire department or other
<br /> agency shown on your Monitoring Information Schedule. Alarm signals transmitted by the Equipment will be monitored by the police and/or fire
<br /> departments or other ERP's or their agents. You acknowledge ardagree that such agencies are not the agents of Protection One. Protection One hereby
<br /> disclaims any responsllgity 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 /> 1. Inspections. 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 /> 1. Alarm Verification. II 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 service,er otherwise comply with such
<br /> requirements. We may charge an additional fee for such service.
<br /> K. Device Verification Service. If you subscribe to Device Verification service,Equipment will be Installed which,as to certain locations in the
<br /> Premises,requires the activation of two(2)or more sensing 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 for disconnecting or reconnecting the alarm sounding and/or transmitting Equipment at the Premises.
<br /> L. 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 to procedures established from
<br /> time to time by Protection One,and to notify us promptly in the event that such equipment fails to respond to the test.
<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 2:00 a.m.to S:OO p.m.,Monday through Friday,excluding holidays. IF YOU REQUEST US 70 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 Extended Service Plan shall apply to consumable items such as batteries,and to window foil,security screens and exterior mounted devices,only for
<br /> the Warranty Period following Installation. In addition,we have no 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,riots,
<br /> Floods,terrorism or any other cause beyond Protection 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 properly 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;(D)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 an 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 warranty services. Charges for 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 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 WITHOUT LIMITATION,ANY IMPLIED WARRANTY OF MERCHANTABILITY,
<br /> SUITABILITY,CONDITION,OR FITNESS FOR A PARTICULAR PURPOSE.
<br /> IS. Delays. We shall have no liability for delays In installation of the Equipment or for the consequences thereof, however caused, or for
<br /> interruptions of Service or for the consequences thereof,due to strikes,riots,floods,acts of God,terrorism,or any other causes beyond the reasonable
<br /> control 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.
<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 /> written consent,which shall not be unreasonably withheld,conditioned or delayed. Notwithstanding the foregoing,provided you are not in default
<br /> under this Agreement,you may assign this Agreement In its entirety, without our consent, In connection with a merger, acquisition, corporate
<br /> reorganization,or a sale of all or substantially all of your assets,to a person or entity which expressly assumes and agrees to perform your obligations
<br /> hereunder. Subject 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 the benefit of each of our assignees, subcontractors and/or suppliers(including our
<br /> software suppliers),and(ii)bind you to all such persons or entities with the same force and effect as they bind you to Protection One. This Includes the
<br /> protections set 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 services provided,in whole or in part,though or in common with any software that we license from our software
<br /> suppliers.
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