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<br />Level.1I . Interior Investigation: Upon reoeipt of a burglar alarm signal from the Customer's premises, ADT, in addition 10 notifying the police department as indicated
<br />above, WIll endeavor to dispatch a representative, The representative will conduct an exterior Inves1lgallon and then enter the Custome(s premises with keys which must be
<br />provided by the Customer and make an Inlerlor investigation. However, ~ thare is evidence of an attacl\, the ADT representative willlemllnate his Investigallon until the police
<br />arrive. The Custome(s representative will then be noUlIed ~ there has been an attack. Otherwise a notice oftlle alannwlll be left at the oontrol unit
<br />For either level of investigaUon, tha Customer authorizes and directs ADT to cause the arrest of any person or pelSOl1S unauthOllzed 10 enter his premises and 10 hold .,un or
<br />them unUI released by the Customer or an authorized krlC1HT1 representative, and in such cases to Indemnify ADT against any liability, cost or expense in conS8<luence of ~uch
<br />arrest If the Customer reques1s that the ADT Representative remain alll1e premises pending Custome(s arrival, and ADT agrees to comPlY, the Cuslomer will be char.leci at
<br />ADT's then prevailing rate for labor. '; .
<br />E. 1, ADT tS NOT AN INSURER. THE AMOUNTS ADT CHARGES CUSTOMER ARE NOT INSURANCE PREMIUMS. SUCH CHARGES ARE BASED UPON THE
<br />V~~uc,<lF THE SERVICES, SYSTEM AND EQUIPMENT ADT PROVIDES AND ARE UNRELATED TO THE VAlUE OF CUSTOMER'S PROPERTY, ANY PROPERTY OF
<br />D. . . LOCATED IN CUSTOMER'S PREMISES, OR ANY RISK OF LOSS ON CUSTOMER'S PREMISES.
<br />. : 2, ADT'S SERVICES, SYSTEMS AND EQUIPMENT DO NOT CAUSE AND CANNOT ELIMINATE OCCURENCES OF THE EVENTS THEY ARE INTENDED TO
<br />~. ;' OR AVERT. ADT MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
<br />p'. . ICULAR PURPOSE, THAT THE SERVICES, SYSTEM OR EQUIPMENT SUPPLIED WILL DETECT OR AVERT SUCH EVENTS OR THE CONSEQUENCES
<br />TI .rtEFROM. ACCORDINGLY, ADT DOES NOT UNDERTAKE ANY RISK THAT CUSTOMER'S PERSON OR PROPERTY, OR THE PERSON OR PROPERTY OF
<br />OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS, THE ALLOCATION OF SUCH RISK REMAINS WITH CUSTOMER, NOT ADT.
<br />INSURANCE, IF MY, COVERING SUCH RISK SHALL BE OBTAINED BY CUSTOMER. ADT SHALL HAVE NO LIABIUTY FOR LOSS, DAMAGE OR INJURY DUE
<br />DIRECTLY OR INDIRECTLY TO EVENTS, OR THE CONSEQUENCES THEREFROM, WHICH THE SYSTEM OR SERVICES ARE INTENDED TO DETECT OR AVERT.
<br />CUSTOMER SHAlL LOOK EXCLUSIVELY TO ITS INSURER MD NOT TO ADT TO PAY CUSTOMER IN THE EVENT OF ANY SUCH LOSS, DAMAGE OR INJURY.
<br />CUSTOMER RELEASES AND WAIVES FOR ITSELF AND ITS INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER FROM ADT ARISING AS A RESULT
<br />OF PAYING ANY CLAIM FOR LOSS, DAMAGE OR INJURY OF CUSTOMER OR ANOTHER PERSON.
<br />3. IF NOTWITHSTANDING THE PROVISIONS OF THIS SECTION E, ADT IS FOUND LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAl
<br />THEORY DUE TO A FAILURE OF THE SERVICES, SYSTEM OR EQUIPMENT IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAl TO 10% OF
<br />THE ANNUAL SERVICE CHARGE OR $l,ODO, WHICHEVER IS GREATER, AS AGREED UPON DAMAGES AND NOT AS A PENALTY, AS CUSTOMER'S SOLE
<br />REMEDY. THIS WILL BE THE SOLE REMEDY BECAUSE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY,
<br />WHICH MAY RESULT FROM ADT'S FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT. IF CUSTOMER REQUESTS, ADT MAY ASSUME
<br />GREATER LIABILITY BY ATTACHING A RIDER TO THIS AGREEMENT STATING THE EXTENT OF ADT'S ADDITIONAl LlABtLITY AND THE ADDITIONAl CHARGES
<br />CUSTOMER WILL PAY FOR AnT'S ASSUMPTION OF SUCH GREATER LIABILITY. HOWEVER, SUCH ADDITIONAL CHARGES ARE NOT INSURANCE PREMIUMS
<br />AND AnT IS NOT AN INSURER EVEN IF IT ENTERS INTO SUCH A RIDER,
<br />4. THE PROVISIONS OF THIS SECTION E SHALL APPLY NO MATTER HOW THE LOSS, DAMAGE OR INJURY OR OTHER CONSEQUENCE OCCURS,
<br />EVEN IF DUE TO ADT'S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR FROM NEGLIGENCE, ACTIVE OR
<br />OTHERWISE, STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER ALLEGED FAULT ON THE PART OF ACT,ITS
<br />AGENTS OR EMPLOYEES, IF ANY OTHER PERSON, INCLUDING CUSTOMER'S SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST
<br />ADT IN ANY WAY RELATING TO THE SERVICES, SYSTEM OR EQUIPMENT THAT ARE THE SUBJECTS OF THIS AGREEMENT, THEN CUSTOMER SHALL
<br />INDEMNIFY AND HOLD ADT HARMLESS FROM ANY AND All SUCH CLAIMS AND LAWSUITS INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS
<br />AND ATTORNEYS' FEES.
<br />5, NO SUIT OR ACTION SHALL BE BROUGHT AGAINST ADT OR ITS AGENTS, EMPlOYEES, SUBSIDIARIES, AFFILIATES OR PARENTS (BOTH DIRECT
<br />AND INDIRECT) MORE THAN ONE YEAR AFTER THE INCIDENT THAT RESULTED IN THE LOSS,INJURY OR DAMAGE OCCURRED, OR THE SHORTEST DURATION
<br />PERMmED UNDER APPLICABLE LAW IF SUCH PERIOD IS GREATER THAN ONE YEAR.
<br />5. THE PROVISIONS OF THIS SECTION E SHAll APPLY TO AND BENEFIT ADT AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES,
<br />AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT) AND AFFINTIY MARKETERS. IF THIS AGREEMENT PROVIDES FOR A DIRECT CONNECTION TO A
<br />MUNICIPAL POLICE OR FIRE DEPARTMENT OR OTHER ORGANIZATION, THEN THAT DEPARTMENT OR OTHER ORGANIZATION MAY ALSO INVOKE THE
<br />PROVISIONS OF THIS SECTION E AGAINST ANY CLAIMS DUE TO ANY FAILURE OF SUCH DEPARTMENT OR ORGANIZATION.
<br />F. If INTRUSION DETECTION SERVICE or WATCHMAN'S REPORTING SERVICE is fumished under this Agreemeo~ the service will be provided in accordance
<br />with a separate Rider which shall be attached 10 and made a part of this Agreement
<br />G. VIdeo Equipment. Customer will provide adequate iIIumi1aUon under an operational conditions for the proper operation of the closed circuit television camera and
<br />will provide the 110 AC power supply where required as well as sufllclent space for monitors.
<br />H. A Direct Connection 10 the Mmicipal Police, FIre Department or other Agency shown shall be provided If this Agreement provides for such direct connect service.
<br />It is mutually understood and agreed that signals transmitted hereunder will be monitored In Municipal Police andIor Fire Departments or other Agency and that the personnel of
<br />such Municipal Police andlor Fire Departments or other Agency are not the agents or ADT nor does ADT assume any responsibility for the manner in which such signais are
<br />monitored or the response, if any, to such signais.
<br />I. Hazardous Materials. In all cases except when the project Involves new construction, Customer represents and warrants that to the besl of Custome(s knowledge
<br />the work site Is free of any hazardous materials. 111e tenn "hazardous matenals' shall include but nol be limited 10 asbeslDs, asbeslos.contai1ing material, polychlorinated
<br />biphenyl ("PCB"), fonnaldehyde or other potentially toxic or othelWise hazardous material. If any such substance is discovered on the work site, ADT will not be required to
<br />install or service the Equipment at such site unless and unUI Customer certifies the removal or safe contailment of such hazardous matenals. Customer shall indemnity,
<br />defend, and hold ADT, its offJCers, directors, and agents hannless from any damages, claims, InJunes, liabilities resulting frnm the exposure of ADrs employees, contractor.;, or
<br />subcontractors to hazardous materials at the work s~e; provided, however, that the !oregoilO provision will not apply when it has been delenniled that such hazardous
<br />materials were brought to lI1e work sile by ADT.
<br />J. SAFETY ACT WAIVER. CERTAIN OF ADT'S SYSTEMS AND SERVICES HAVE RECEIVED CERTIFICATION AND/OR DESIGNATION AS QUALIFIED ANTI"
<br />TERRORISM TECHNOLOGIES ("DATT") UNDER THE SUPPORT ANT~TERRORlSM BY FOSTERING EFFECTIVE TECHNOLOGIES ACT OF 2002, 5 U.S.C. M 441-444
<br />[THE "SAFETY ACT"), AS REQUIRED UNDER 5 C.F,R. 25.5(E), TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADT AND CUSTOMER HEREBY AGREE TO WAIVE
<br />THEIR RIGHT TO MAKE ANY CLAIMS AGAINST THE OTHER FOR ANY LOSSES, INCLUDING BUSINESS INTERRUPTION LOSSES, SUSTAINED BY EITHER PARTY
<br />OR THEIR RESPECTIVE EMPLOYEES, RESULTING FROM AN ACTIVITY RESULTING FROM AN "ACT OF TERRORISM" AS DEFINED IN 5 C.F.R. 25.2, WHEN DATT
<br />HAVE BEEN DEPLOYED IN DEFENSE AGAINST, RESPONSE TO, OR RECOVERY FROM SUCH ACT OF TERRORISM.
<br />K. ADT ASSUMES NO LIABILITY FOR DELAYS IN INSTAlLATION OF THE EQUIPMENT OR FOR THE CONSEQUENCES THEREFROM, HOWEVER CAUSED, OR
<br />FOR INTERRUPTIONS OF SERVICE OR FOR THE CONSEQUENCES THEREFROM DUE TO STRIKES, RIOTS, FLOODS, ACTS OF GOD OR ANY CAUSES BEYOND
<br />THE CONTROL OF ADT, AND WILL NOT BE REQUIREO TO SUPPLY SERVICE TO THE CUSTOMER WHILE INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE
<br />SHALL CONTINUE.
<br />L. Assignment; Enforcaability. This Agreement is not assignable by the Customer except upon wntten consent of ADT first being obtained. ADT shan have lI1e right to
<br />assign this Agreement or to subcontract any of Its obligallons under this Agreement wilhout notice to Customer. If any of the provisions of this Agreement shall be determined
<br />to be invalid or unenforceable, the remaililg provisions shall remain in full tOfte and elfect
<br />M. System Software; Network Connections, Any software provided with the System or In connection with the Services is proprietary to ADT and/or AOrs supplia~s) and
<br />Is licensed or sublicensed to Customer on a non-exclusive basis. Customer may not (a) disclose the Software or source code to any third parties. (b) duplicate, reproduce, or
<br />copy all or any part of the Software, or (c) use the Software on equipment other than with the designated System with which it was fumlshed. A separate Software License
<br />Agreement or End User License Agreement between ADT andlor the software publisher may be required to use the software andlor obtain updates/upgrades. If the installed
<br />Equipment is to be connected to Custome(s computer network ("Networ1l"). ADT will fumlsh and Install lI1e software needed to run the Equipment and will connect the
<br />Equipmenllo the Network according 10 the Network settings supplied by Customer. InstallaUon shall not include modificaUons to the Nelwor1<, security, or firewall settings. ADT
<br />shall not be responsible for the setup, operation, or maintenance of the Network or Networl< pertonnance or compatibility issues. ADT may assess addiUonal chal)les, ~ ADT is
<br />unable \0 connect \0 the Nelwor1< or II any additlonai Equipmenlls required to facilitate connectivity between the Network and the equipment
<br />N. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE CUSTOMER AND ADT. IN EXECUTING THIS AGREEMENT, CUSTOMER IS NOT
<br />RELYING ON ANY ADVICE OR ADVERTISEMENT OF ADT. CUSTOMER AGREES THAT ANY REPRESENTATION, PROMISE, CONDITION, INDUCEMENT OR
<br />WARRANTY, EXPRESS OR IMPLIED, NOT INCLUDED IN WRITING IN THIS AGREEMENT SHALL NOT BE BINDING UPON ANY PARTY, AND THAT THE TERMS AND
<br />CONDITIONS HEREOF APPLY AS PRINTED WITHOUT ALTERATION OR QUALIFICATION, EXCEPT AS SPECIFICALLY MODtFIED IN WRITING. THE TERMS AND
<br />CONDITIONS OF THIS AGREEMENT SHALL GOVERN N01WlTHSTANDlNG ANY INCONSISTENT OR ADDITIONAL TERMS AND CONDITIONS OR ANY PURCHASE
<br />ORDER OR OTHER DOCUMENT SUBMmEO BY THE CUSTOMER.
<br />O. Electronic Media. AOT may scan, fax, email, image, or otherwise convert this Agreement Into an electronic fonnal of any type or fonn, row krlC1HT1 or developed i1 the
<br />future. Any una~ered or unadullerated copy of this Agreement produced from such an electronic foonet will be legaUy blndi1g upon the parities and equivalent to the original for
<br />all purposes, Including litigation. ADT may rely upon Customers assent to the terms and condillons of this Agreement if Customer has s~ned this Agreement or demonstrated
<br />its intent to be bound electronically or otherwise.
<br />P. Pertonallnfonnation. Cus10mer represents and warrants thai Customer has obtained all required consents and has lI1e right to (a) disclose to ADT all personal
<br />Information disclosed hereunder oonceming indivi:lualslempklyees Including all Information conlalned i1 Cuslome(s ECL, and (b) authonze ADT to use such personal
<br />informaUon to admlnislerthe relationship between Customer and ADT, including the admlnlslraUon of this AgreemenL Customer acl<nowledges and agrees that ADT may share
<br />all such infonnaoon with its parents, subsidiarkls, affiliates and itsItheir.successor corporations or any subcontractor or assignee, wilhi1 and ou1side the country In which the
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