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<br />TERMS AND CONDITIONS
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<br />A S.onal Rer.eiw.o and Notilir,;,tion SeN'ce shall be provid€d by ADT .1 tn. re'll:r.;<i side 01 thIS ~rooment includeS a charge tOt S.gnai Re<:t!ll1no and NOlrtic:llion SoNica and '" the MIll an alarm signal tllg.~ ill ADT's
<br />('.entr.! St.1;on. ADT shall en;Mavor to notify tl1e appropriate PoI.ce 01 Fire Oepartmtnl and the desionall!d rep!1lSentati\le cline Customer. In th. event a buro!ar alarm "onal or tire s.onal reoisters al ADT's C<lntf1l1 Station. ADT at .t:;
<br />soje discretion. may endeavor to Cllntact the Customer's prem.ses by telephone to "'riIy Ihallh<! alarm is not talsa. failing to cootoct the Customer promptly Of Questionino the nature of the responSll rtlu!ved upon soc/1 contact. ADT
<br />shall endeavor 10 notify the .ppmpri.le Police Oepartment or Fir. Oepartment. In 11m event" supervisory signal or !rouble ,ignal registers at AOT', Central Stalion. AOT shall endeavor to nolify promptly the
<br />d.signated representative 01 the Customer.
<br />In the event ALARM VERIFICATION SERVICE ;s being lumished. it is mutually understood and agreed that equipment is being installed whith. as to certain loeations in the premises. win rcquirn th4 activation of
<br />two sensing devices. or a .econd activation 01 a single alarm sensor. 01 a cor,linuous alarm ""enl from a single sensor, in order lor an alarm signal to be transmitted.
<br />11 is mutually agreell thaI the Customer assumes full responsibility tor Ihe operation 01 any and all bypass or switeh units provided for disconnecting or reconnecting the alarm soundi"llllll<l/or transmil1i"ll
<br />eQuipmenl at Customar's premises.
<br />The Customer repreSl'ms that any vault to be protected by AOT horeundm by sound or vibralion dot.clor Irfslems has the minimum construction character"tic; presl;libed by the Undmwritars' Laborarorill$. Inc.
<br />The Customer agrees to t..t any ultrasonic, microwave. capacitance or otOOr eleC1ranic fXIuipment designated on the Schedule of Prolection prior to setting the alarm system for closed ""nods. according to
<br />plocedUf.s plescribed by AOT. and to notify AOT promptly in the event that such equipmtnt fails to respond to the ttlZt.
<br />If Customer ha. agreed o. tho reverse side 10 . 5 do, familioriulion P.riod following COlllJllelion ot inslaltation, aod il needed an ..tensio. poriod, for Customar to baeoma familiar witb ma systom
<br />operation. man duriog tbis Familiarization I'.riod Cbslomer .oraos tb.t in the ...nl aoy signal {indudioo an el.rm sig.all of .'Y 'alur. r.gi.t... .t AOT'. ca.tral station, AOT tball not: raspond 10 O'Y
<br />signai., ".daevor to nOlily the ""morities, Customer or C"slomai's dasign"lad reprasant.ti.., or undartoka any ollr.r action with rooard to any .ignm, wIle"'ar or not due 10 an aelUal emerooncy evonl.
<br />Communication Feciities - A. AUTHORIZATION - Customer authorizes ACT to moho requII'Sts for information, sllIVice, mOOn or equipmflf11 in III1Y mp<lct on behelf of Customf1 to e tdephone company (too
<br />"Telephone Company") or other entity providing fecilititlS or services for transmissi1ln of signals under this AglrlOmflf11. B. OIGfTAl COMMUNICATOR - n connection to 11m ACT Central Station is to bo by
<br />Digital CommunicaJor, the Customer agrees to provide ~ conn&ction via U legistered telephone jack to a taloph4ne channm requiled !or tha ADT equipment. Such connection shall be eloctrically first bafuro any otlla
<br />telephone or Customer eQuipmflf11. and shall be within 10 foot of tho AOT Control Panni. 1I mquasted by the Customel', ADT shall plovido suth connection at 11m cost of thG Cu.tomer. The Cutlomor understllll<ls ttat
<br />if a digital communicator is installtd under this AgroomRnt, it USIlS standard talnph4ne lines as the Irflf1smi~sion made of sending signals and lliiminllles thG need for dadicaled talepOOIl3 lociliti3s and th4llage cost
<br />increuus frequently imposed on such facilitill$. Customer also uRdernllluda tbat ADT does not receive lipoiD Meo tile IreRami.oien mer:lo is or beumos RflR-olIsrntioRolsRd tbat aionels from
<br />tbo digillll communicater connot be reeoived if tllo trsneminisn modo ia c\lt, iiltsmrod witb or otllerwiso Oalmgod. C. OERIVED LOCAL CHANNEl - The facilitiet and slIIVicos PIOVided by too
<br />T slephona Company, in connection with tM sllIVicas tn be provided 10 tbe Customer harsundllf, include whm is a_ally d;tstribed as Oerived local Channel st!IVica (and which may be provided undor 3p<lCifu; st!IVico
<br />marns or slmlice namas of individual Telephone Compeniesj. Thoss lacilities a.d selVices ralats to the provision of lines, sitlncl plltlts. sClll\ning and troosmission. Th4 Cullomllf agran that the liability of too
<br />Telephone Company is limited in accordance with, and the Telephone Compony may invoke. rha provisions of Paragraph E 01 this Agr..me"l. O. RADIO INTERFACE. If connection to the AOT Central Slation
<br />is to be by any radio frequency method, .uch as cellular or privaw radio. then customer understands due 10 the very nature of radio waves that there may be times when the system is unable 10 secure.
<br />maintain or retnmsmit an alarm signal aod, thus, Hm utHizatiofl of an additional communications means is H'!comnHJ:fH1ed.
<br />B. Warranty: If direct sale is indit3ted on the reverse side. any part 01 Ihe system, induding the wiring, installed under this Agreement which proves to be defective in mat."al or woillmansh.p wrthm nmel'(
<br />(SO) days ot too date 01 completion 01 iIlstallation wlli be rapaired or replaced at AOrs option with a n1lW or functionally op<lflltive par!. Labor and mmlllial required to repair or replace such datactwe components will
<br />be free 01 charge fOI a p<lflod of niflllly {gO} days following the complatilm of 1M original installlltion.
<br />This Warranty does not apply !o tho conditions listod below and in the event Cuslomaf calls AOT for service under the Warranty and upon inspetlion by ADT's representative it is fourid tbal one of these condilion.
<br />has led 10 too inoperability or appar.nt inop<lr~bilily 01 the 5yslem. a charge will he made for the service call of AOT's representative whether or not he actually works on the system. Should it actually he necessary to
<br />make repairs to the system due to O,le of the "Conditions" not covered by Warranty. a charge wi!! be made for sllch work at AOT's then app;,cable rates 1m labor and material. Service will ba lurni.;hed by ADT during
<br />ADT's normal working hours of 8:0n A.M to 4'30 P.M.. Monday through Friday. except holiday'.
<br />CDnditions not covered hy Wananty: Al Damage res"lti"g from accidents, acts 01 God, alleration. misuse. tampering or abuse. 8) Fa.lme of the C"slome. to properly follow operating instructions pmvided by AOT
<br />a1 lima 01 inslallation or at a later date. C) Adjustmenls necessitated by mrsaligoment of CCTV cameras. .mprop.. adjustment 01 monitor o"ghtne" and contrast tuniog dials or insutfitientlight on the area viowed by
<br />the camera{sl. 01 Trouble due to inte,ruption of commarcial power or to the phone serv.ce
<br />THE FOREGOING WAflllANTY is 11\1 liEU Of All OTHER WARRANTIES, EXPRESS OR IMPliEIJ, INCLUDING, BUT NOT llMlntl TO. ANY IMPliEll WARRANTIES OF
<br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PURCHASER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND All LOSSES ORllAMAGES RESUlTING
<br />FROM ANY CAUSE WHATSOEVER. INCLUDING AOrs NHHIGENCE. SHAll BE REPAIR OR REPLACEMENT AS SPECIFIElJ ABOIIE. AOT SHAll IN NO EVENT liE LIABLE FOR ANY
<br />COfllSEllUENTlAL OR INCIllEI\ITAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSOfolAllNJURY OR DAMAGES TO PROPERTY ANO
<br />HOWEIIER OCCAStONED, WHETHEIl ALLEGED AS RESUlTING FROM IlREACH OF WARIIANTY Oil CONTRACT !lY AIlT IlR NEGLIGENCE OF ADT OR OTHERWISE.
<br />C. Maintenanco - If the reverse side of this agreemeot indicates this ,ervice is being provided, ACT wal, upon Customer's request provida ordinary meintenance 8nd repair of such system due to normal
<br />wear and tear ana hear too expense thereol. The eXp<lns. of oil extraordinary mamtenance and repair due to alterations mthe Customar's promises, alteralions of the system made at the request 01 the Customer. or
<br />made necessary hy changes in Ihe Customer's premises. damage to the premises or to the alarm system, or to any cause hlrfond the control ot A01. shall be home by the Custom,r. The Customer agrees to furnish any
<br />"ecessary electric current thlough the Customer's meter arid at the C~stomer's own expenso with an outlet within 10 feet of tbe ADT Control Panel. 1\ is mutual~. agreed that lhe work ot in.tallation aod AOT's repairs
<br />of Ihe SYSto,'l shallila perfnrrned betwee" ADT's normal working ho"rs 01 8:0n A M. to ~:30 P.M" Monday through Friday. .".pt holidays.
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<br />EXCLUSIONS: Mainlenance on the foil0winq devices wil' be provllled cnly on a time and material basis: (I} window loil. (2) security screens. (3) any e,terior mounted dev,ces. (4i PROM (programmable Read
<br />Dilly Memory). (51 Conditions not covered by warranty listed above in pa,agraph B
<br />It is understood and agreed "'ot /,OT S obligafior relate, to the mamtenance solely of Ihe >pecihc pmtertion system. and Ihat ADT is in 00 way obhgated 10 maintain. repan. serv.ce. replace. operate or as;",. the
<br />oporalion of any device 0' device, 01 the Cllstomer or of elhers not installed hy ADT.
<br />If nol contracted lor before Ihe e'piration nf the Warrant)'. ADT will enter Into a Maintenance Service Contract only alter inspecting the syslem and makmg any necessary ..pa", or replacements to the system al
<br />a charg.. to the Customer lor labor and/or matena! at AUT's then prevailing rates
<br />INSPECTIONS - AOT wlil provide the uumber 01 inspections 01 tile Alarm system only as specified on the reverse s!de of this Agreement hetween AnT's normal wor.iog hours of 8:00 ~.M. to 4:30
<br />PM., Monday through Friday, except holidays 311d subject to the exclusions set forth above for rnaintenance .
<br />o If INVESTIGATOR RESPONSE SERVICE is being furnished a~ indICated on the reverse stde. the levels available are as follows'
<br />Lo'"II....- hl.rior In"SliO.lion: Upon rece.pt Jf " DUlg1al alarm Signal from the Custome" premises. AOT, m add.tin:t to nlilify;ng Ibe Polica Department as ind,cated <lbove will endeavor to notify the
<br />Customer's (J€signatea represerllal\i~ and also emJeavor to dIspatch 2 representative to the Cuslorne(s p~e!'!H5eS The representative will mo~e an investigation d the eX1t?Pl)f 01 the p(~mlsei; from nl$ vehicle Althe conclusion :)f the
<br />repiesental!';IC's Invest!Q2linr'J. ,'~H wj!i f](Wfy 1rle Customer's oeslgnated representati'll! 01 tOt results of It'le li"1vestigJtior.
<br />level iI-lnl,r!"f' Investigatloo: Upon receipt of a Dl.nJ1ar 3!arrn signal from tre Customer S pll'mlS€S. ADT. In addition to nOlrfylOg the po(ice department as indlCi.!ted abOve. wlii enoei!vor 10 OiSPiHCh a
<br />re~JreSe(113t!Ve 'ft1e fepre:'enlahve will LonduU an ex1enor ilwestifniiWl 2nd then enter the CustcmBr"$ premises wiHl K{>YS whlCh musl h(; PfOvided hy the Customer and ma.ke an mterior m<lI?S1fgijtion. Her/mver. It there I;)
<br />evidence of a1i altac~, It)!, AUT representative wl!l terrninate h6 irrvi':stigatiGfl untillh€ poilU: anl'l€ Tr,e Customer's representative will then b€ noHietf It tner€ has been an attack Othe:'W:~e a nntice of the alarm will b€ left at the
<br />control unit.
<br />For elther lev", of mvesligali"ri. the C"sla,ner aotho"1" and dlfects AOT to cause the arrest of any p<lrson or pmsons unauthomedlrJ .nter his premises and to hold him or them until released by the CuStOOler or
<br />a., authoriled bown representative. and In slIch cases to mdamfl!1y AOT again't any liability. cost er .,!>""'" in consequeoce of slleh alles!.
<br />lithe Custom.r requesls lIlal the Am Representet;ve 'amain at the premises pending Cusiomers arrival. and ADT agrees to comply. th, Customer will be charged at ADT's then prevailing rllte 10. labor.
<br />E. IT IS UNOERSTOOO THAi AOT IS NOT AN INSURER, THAT INSURANCE. IF ANY, SHAlll.lE OIlTAINED IlY THE CIlSTOMER AND THAT THE AMOUNTS PAYABI.E TO ADT
<br />HEIlHlI\IOER ARE BASED UPON THE VAUlE Of THE SER\lICES All[) THE SCOPE OF liABIlITY AS HEREIN SET FORTH AlW ARE UNRElATED TO THE VALUE OF THE
<br />CUSTOMER'S PROPERTY OR PROPHfrv OF OTHERS tOCP.TEll IN CUSTOMER'S PREMISES. CUSTOMER AGREES TO LOOK EXCLUSIVelY TO CUSTOMER'S INSIlR!':R lD
<br />RECOVER FOR INJURIES all DAMAGE !1'4 THE EVENT Of ANY LOSS ORINJUflV ANO RElEASES MID WAIIIES ALL RIGHT OF RECOVERY AGAll'JSr AOT ARlSltJG BY WAY Of
<br />SUBROGATION. AOT MAI<H NO GlJAllt.lUV OR WAIiRAIHY, INClUDING ANY IMPLIED WARRANTY OF MERCHANTAI.l!lm OR FITNESS, THAT THE SYSTEM OR SERVICES
<br />SUPPLIED, WIll AVERT OR PFtEVFfH OCCURRENCES OR THE CONSEGUEI\lCES THEREFROM, WH!CH THE SYSTEM OR SERVICE IS OESIGI'i!EO TO DETECT. IT IS IMPRACTiCAL
<br />AIlD EXTREMELY DIffiCULT TO FIX TIlE ACTUAL OAMAGES, IF ANY, WHICH MAY PROXIMATElY RESULT fROM FAILURE ON THE PART OF AOT TO PERFORM AIllY OF ITS
<br />OBLIGATIONS HEREUNDER. THE CIJSTOMER DOES NOT DESIRE THIS COfilTRACT TO PROV!!!E fOR FIlLl WIGIUTY Of lUll MiO AGREES THAT AOT SHALL BE EXEMPT FROM
<br />LIABILITY FOR lOSS, DAMAGE DIl INJURY DUE OIRECTi. Y OR INOIllECn Y TO OCCURRENCES, OR CONSEQUENCES THERefROM, WHICH THE SERVICE OR SYSTEM IS
<br />OESIGNEO TO DETECT OR AVE liT; THAT IF ADT SHDULD BE fOUNO liABLE FOil LOSS, DAMAGE OIlI~JlJIlY DUE TO A FAILURE OF SERVICE OR HlUIPMEI'H IN ANY RESPECT,
<br />ITS LIABIlITY SHALL BE LIMITED TO A SUM EQUAL TO 10% OF THE ANNUAL SERVICE CHARGE OR $I,OI111, WHICHEVER IS GREATER. AS THE AGREED UPON DAMAGES AI;lO
<br />NOT AS A PENALTY, AS THE EXCLUSiVE REMEDY; AND THAT THE PROVISIONS OF THIS PARAGIlAPH SHALL APPLY IF LOSS, DAMAGE OR INJURY. IRRESPECTIVE OF CAIlSE
<br />OR ORIGIN. RESULTS flIRECr! Y OR iNDIRECTlY TO PERSON OR PROPERTY FIlOM PEllfORMANCE OR I;lONPERfORMANCE OF OBLIGATIONS !MPOSHl BY THIS CONTIlACT Oil
<br />FROM NEGliGENCE, ACTIVE OR OTHERWISE, STIlICT UABIUTY, VIOLATiON OF ANY APPUCABlE CONSUMER PROTECTION UiW OR ANY OTHER ALLEGED fAun ON THE PART
<br />OF ACr, ITS AGENTS OR EMPlOYHS. NO sun OR ACTION SHAll BE BROUGHT AGAlrJST ADT MOllE THAN ONE (1) YEAR AFTEIl THE ACCRUAL OF THE CAUSE Of ACTION
<br />THEREfOR. IT IS FURTHER Il.GREEU THAT THE lfMITATIONS ON UABIUTY, EXPRESSED HEREIN, SHAll INURE TO THE BEWHIT Of Ar,JD APPLY TO ALL PARE~TS (BOTH
<br />DIRECT AND INOIRECT1, SUBSIDIARiES AND AFFILIATES OF ADT. IF THE CUSTOMER DESIRES AOT TO AS!WME A GREATER UABlUTY, AOT SHALL AMEI\IO THIS AGREEMH1T
<br />BY ATTJlCHING A P.IOEIl SETTING FORTH THE AMOUNT Of ADDITIONAL UAB!LITY AND THE ADDITIONAL AMOIlNT PAVABlE BV IHE CUSTOMER FOR THE ASSUMPTION BY
<br />AOT OF SIlCH GREATER LIABILITY PROVIDED, HOWEIIHI, THAI SUCH IIIDER ANO AOOlTlOPilAL OBLIGATION SHAllll\lNO WAY BE INTERPRETED TO HOLO AllT AS AN
<br />INSURER II'il THE EVEIlT ANV PERSO!\!, NOT A PARTY TO THIS AGRHMH1T, SHALL MAKE ANY CLAIM OR FILE ANY lAWSUIT AGAINST ADTIIii ANY WAY REUiTING TO THE
<br />EQUIPMENT OR SERVICES THAT ARE THE SUBJECTS OF THIS AGREEMENT, INCLUDING FOR fAILURE OF ITS EQUIPMENT DR SERVICE 1111 ANY RESPECT, CUSTOMER AGRHS
<br />TO INDEMNIFY AND HOlD ADT HAIlMLESS FROM ANY ANI.' AU SUCH CLAIMS AND LAWSUITS INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND
<br />ATTORNEYS' fEES. IF THIS AGREEIliIHIT PROVIDES fOR A lJlRECT CONNECTION TO A MUNICIPAL POLICE OR FIRE DEPARTMENT Oil OTHER ORGANIZATION, THAT
<br />OEPARTIIIEr.1T OR OTHER ORGANIZATIllN MAY INVOKE THE PROVISIONS HEREOF AGAINST ANY CLAIMS BY THE CUSTOMER DUE TO ANY FAiLURE OF SIlCH DEPARTMEIiIT OR
<br />ORGANIZATION.
<br />F. In lhe event I/,TRUSION DETECTION SERVICE d. WA TCHMAN'S REPORTING SERViSE is furnished under th,s Agreeme"t. the service w.1! be prov.dpd In accordance woh AllT's FORM NUMBER 831 0'
<br />839. which shall be attacl1ed to and mad. a part of this Agreeme"' .
<br />G. IF CCTV EQUIPMENT!S INVOLVED. Customer will prov",e ,de4l!are illuminatIOn under all operational conditions for the proper operation 01 the closed circuit television came,a and wrll provide the 110 AC
<br />power supply where required as well as shelf or desk space lor momtors
<br />H. A Direct Connection 10 the Municipal Police Fire Department o. olher Agency shown sha!! be provided it the reverse side of thiS Ali.eement p,""des lor such di.ect con"ect service.
<br />It is mutually understood and agreed that signal, transmi11ed hereunder wiii be monitored in Municipal Police and/or fire Oepar1ments o. other localion and that the personnel of socii Municipal Pol.ce and/or f're
<br />Oepartmonts or other location are not the agents 01 AtJT nor does ADT assume any responsibility fm Ihe manner in which such signals are monilored 01 the response. ,I any. to such signals
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<br />i. 1\1 AOT's option, lile Cuslomer may b. charoerJ lor any false alarm caused bv the Customer or for any unnecessary servIce run.
<br />J. CANCHLAHON.--II Cent.al Station or 0",,1 Connection is f",n,shed. Ihls Ag,eement may b. telmmaled al the optIOn of AOT ij ADT's Cenlral Station IS substant.ally damaged by lire or calastrophe. or ,f
<br />ADT is unable to have connections Of privileges nBCll$Sary to transmit signals between Ihe Customer's p..misas. AOT's Central Station o. tha Municipal Fire or I'olite Department or other agency end AnT she" not be
<br />!tabl. for any damages or subjecr 10 any penally as a result ot such termioatlon.
<br />it.s understood and agreed that this Agreem.nl may be terrnmatec by ADT m the .v.nlthal the Customer falls tu follow any recommendallOns AnT may ma.. for the repair or rapiacement 01 delectlve pans 01 hIS
<br />system no! covered under the Warranty 01 Maintenance Service COWan or ;n the event thai tit. Cuslemer's latiur.to lullow the operat,"" insfruclions provided by ADT results m an undue number 01 false alarms o. rf
<br />Ihe premises in which th. system is installed are so modified or altered alter instollation as to lendar continuation of service impract.cal.
<br />K AUT ASSUMES NO LIABILITY FOil DELAYS In INSTALLATION Of THI' mUIPMI'NT OR FOR THE COItSEOOUICES THEREFROM. HOWI'VER CAUSED. OR FOR IIlTERRUPTlO/JS Of SERVICE OR FOR
<br />TI1E COrlSEOUEIlCES THEREfROM DUE HI STRIKES. !lIllTS. HIl!ltlS. ACTS Of GOO OR AllY CAUSES BEYOND THE ClJllTROl OF AOT. MiD WlllllOT BE RElllJlREO TO SUPPLY SERVICE TO THE
<br />CUSTOMER WHILE IIHERRUPTIOIl Of SERVICE DUE TO AllY SUCH CAUSE SHAll CONTINUE.
<br />L. This Agrooment is not assignable bv the Customer except upon written consont 01 !lOT first being oiltained ADT shall have the right to assign this agreement or to subcontract any 01 it. obligations under thIS
<br />agreement without notice ~n Customer. .
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<br />M. If any of the provisions of this agraemenr shall be determined to ile lOvalid or unenforceable. th' remaming prOVisions shall remain ;n lull lorce and effect.
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<br />N. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN TIn CUSTOMER AND MT. IN EXECUTING THIS AGREEMENT. CUSTOMER IS NOT RHYING ON
<br />ANY ADVICE OR AD\lERTlSHi\EiIIT Of AOT CUSTOMER AGREES THAT ANY REPRESENTATION. PROMISE, COtUIIllON, INDUCEMENT OR WARRANTY. EXPRESS Oft IMPlIEO,
<br />NOT INCLUDED 111I WRITiNG IN THIS AGREEMENT SHAll I\IOT IH !lIN!lllHi UPON ANY PARTY, AId!) THAI THE TERMS ANO CONlJlTIONS HEREOF APPLY AS PRINTED WITHOUT
<br />ALTERATION OR QUALIfiCATION. EXCEPT AS SPECIfiCALLY MODIFIED IN WRITING. THE TERMS AND CONOITIONS OF nllS AGREEMENT SHALL GOVERN NOTWITHSTANDING
<br />ANY INCONSISTENT OR AO!llnOI\lAl TERMS AND CONOITIOIIISOR ANY PURCHASE ORDER OR OTHER DOCUMENT SUBMtnEO BY THE CUSTOMER.
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<br />I ")97 A j) r S{'t:uri; '\ ....~'f \ i.."('i
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