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Master Terms and Conditions ,
<br /> 1. Premises. Customer("Customer'or"you"),as a commercial enterprise,may now or in the future have one or more physical business locations
<br /> ('Premises')for which you desire to obtain from Protection One ("Protection One,'"we"or"us")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
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<br /> agreements,written or oral,between the parties concerning any Premises covered by this Agreement.
<br /> 2. Charges. In consideration of the Equipment and Services we provide hereunder,you agree to pay Protection One the Equipment Charges and
<br /> the Service Charges shown above,any activation or other fees,plus applicable taxes(collectively,the"Charges'),in accordance with the 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. If you prepay the total amount due under this Agreement prior to the end of the Initial
<br /> Term of this 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-time late charge on each payment that is more than ten(10)
<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 reporting agencies;(ii)
<br /> obtain and transmit your Taxpayer ID Number to our affiliates and credit reporting agencies for purposes of verifying your credit history and rating;ono
<br /> (di) record our telephone conversations with you and the users of the 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"PAYMENT IN FULL"OF THE AMOUNT OWED OR THAT
<br /> IS TENDERED WITH OTHER CONDITIONS OR LIMITATIONS OR IN FULL SATISFACTION OF A DISPUTED AMOUNT,MUST BE MAILED OR DELIVERED TO US
<br /> AT:PROTECTION ONE ALARM MONITORING,INC.,ATTENTION:EXECUTIVE CUSTOMER RELATIONS,800 E.WATERMAN,WICHITA,KS 67202
<br /> 3. Term The initial term of this Agreement shall be for 1 MONTH(0)years(the'Initial Term"). The Initial Term shall begin on the date the
<br /> Equipment is installed and is operational, and when any necessary communications connection Is completed. In the case of the Installation of
<br /> Equipment or the performance of Services at multiple 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 system 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 indMdual Premises when any necessary communications
<br /> connection is completed,or the date the new agreement Is signed,whichever occurs last.You may terminate this Agreement,at any time,upon thirty
<br /> (30)days'prior written notice to us.The term of this Agreement and of each individual Premises shall automatically renew for successive one(1)month
<br /> renewal terms unless we receive your written termination notice at least thirty(30)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 all other Charges due
<br /> prior to termination,the Charges remaining to be paid for the unexpired portion 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 /> 4. Increases in 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 /> 5. Additional Charges. Additionally,you agree to pay,or to reimburse us if we pay,all false alarm fines and assessments,and all taxes,fees or
<br /> other charges of any local governmental authority that relate to the Equipment or our Services,other than taxes assessed on our net income. You
<br /> further agree to pay. (a) all telecommunications charges for area code, telephone numbering or other changes;(b) our then-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 /> transmitting 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 modifications 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,fire or police department. You agree to pay a service charge if we respond to a service call or alarm at 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 invoice for such charges.
<br /> 6. Installation and Sale. (A) We Install Equipment according to local codes and ordinances (if applicable)and according to your particular
<br /> preferences. Installation of Equipment is subject to the following conditions:(1)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,far installation of
<br /> Root mats or wiring. There may be areas where the installer determines that it Is impractical to conceal equipment and wiring. You must within ten(10)
<br /> days after the Installation is complete,inspect the Equipment and notify us in writing of any problems. Otherwise,you will be deemed to have
<br /> conclusively accepted the Equipment. If asbestos or other hazardous materials("Hazardous Materials")are encountered during instalation, then
<br /> installation work will cease until you,at your sole cost and expense,remove such Hazardous Materials. Protection One shall not be responsible for
<br /> securing any Premises during the period of Installation. (B)Ownership of the Equipment that we Install under this Agreement shall be described in the
<br /> paragraph titled"Transaction Type"on page 1 of this Agreement,or on a separate Additional Premises Rider or Schedule of Protection,and shall be one
<br /> of the following:(I)Outright Sale. If you have elected to purchase the Equipment,then,except 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 Protection. Notwithstanding anything in this Agreement to the contrary,ownership of(a)any communication device that makes use of
<br /> radio,cellular or Internet communication paths(including without limitation,all equipment associated with AlarmNete)shall be retained by Protection
<br /> One or its owner, and (b) certain intellectual property associated with the Equipment and our Services, such as certain software, data and
<br /> installer/programming codes,shall remain the property of their respective owners. (II)protection One Owned Equipment. We retain ownership of the
<br /> Equipment we install at your Premises. Upon the termination of this Agreement or any individual Premises,you agree 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 access to your
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