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<br />TERMS AND CONDITIONS CONTINUED FROM PREVIOUS PAGE
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<br />Level II . Inlerior Investigation: Upon receipt of a oo'lllar alann signal from the Custome(s premises, ADT, in additioo to notifying the police department as Indicated
<br />above, will endeavor 10 dispatch a represenlative. The representative will conduct an exterior investigation and !hen enter the Custome(s premises with keys which must be
<br />provided by the Customer and make an interior investigation. However, if thl!le is evidence of an attack, the ADT representative wiI1tennina1e his Investiga60n until !he police
<br />an"e. The Cuslome(s representative will then be notified Wthere has been an attack. OthelWise a notice of the alann will be left at Ihe cootrol unit
<br />For either level of iwestigallon, the Customer authorize. and directs ADT 10 cause the arrest of any person or pelSonS unauthorizad to enter his premises and to hold him or
<br />them until released by the Customer or an authorized known representative, and in such cases to indemnify ADT ageinst any liability, cost or expense In consequence of such
<br />arrest lIthe Customer requests that the ADT Representative remain at the premises pending Customer's arrival, and ADT agrees to COf1"4lIy, the Customer will be cha'lled at
<br />ADT's then prevailing rate for labor.
<br />E. 1. ADT IS NOT AN INSURER, THE AMOUNTS ADT CHARGES CUSTOMER ARE NOT INSURANCE PREMIUMS. SUCH CHARGES ARE BASED UPON THE
<br />VALUE OF THE SERVICES, SYSTEM AND EQUIPMENT ADT PROVIDES AND ARE UNRELATED TO THE VALUE OF CUSTOMER'S PROPERTY, ANY PROPERTY OF
<br />OTHERS 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 />DETECT OR AVERT. ADT MAKES NO GUARANTY OR WARRANTY, INCLUDiNG ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
<br />PARTICULAR PURPOSE, THAT THE SERVICES, SYSTEM OR EQUIPMENT SUPPLIED WILL DETECT OR AVERT SUCH EVENTS OR THE CONSEQUENCES
<br />THEREFROM, 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 ANY, COVERING SUCH RISK SHALL BE OBTAINED BY CUSTOMER. ADT SHALL HAVE NO LIABILITY 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 AND 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,ooD, 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 LIABILITY AND THE ADDITIONAL CHARGES
<br />CUSTOMER WILL PAY FOR ADT'S ASSUMPTION OF SUCH GREATER LIABILITY. HOWEVER, SUCH ADDITIONAL CHARGES ARE NOT INSURANCE PREMIUMS
<br />AND ADT 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 ADT, 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 />6, 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 POUCE 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 fumlshed under this Agreement the SB/V1ce will be provided In accordance
<br />with a separate Rider which shall be attached to and made a part of this Agreement
<br />G. Video Equipment. Customer will provide adequate iDumlnatioo under all operational conditions for the proper operation of tile closed circuit television camera and
<br />will provide the 110 AC power supply where required as well as suffICIent space for monitolS.
<br />H. A Direct Connection to the Municipal Police, Fire Department or other Agency shown shall be provided W this Agreement provides for such direct connect se/Vlce.
<br />It is mutually undelStood and agreed that .:gnals transmitted hereunder will be mon~ored in Municipal Police andlor Fire Departments or other Agency and that the personnel of
<br />such Munldpal Police and/or Fire Departments or other Agency are not the agenls of ADT nor does ADT assume any responsibility for the manner In which such signals are
<br />mon~ored or the response, W any, to such signals.
<br />I. Hazardous Materials. In all cases except when the project Involves new coos1ruction, Customer represents and warrants that to the best of Custome(s knowledge
<br />the work s~e is free of any hazardous materials. The tenn 'hazardous maferials' shall include but not be IImlted 10 esbestos, asbesfos-<:onlaining material, polychlorfnated
<br />biphenyl ("PCB'), fcrmaidehyde or other potentially toxic or otherwise hamrdous malerial. If any such SlJbslance is discovered 00 the work site, ADT will not be required III
<br />install or se/V1ce the Equipment at such site unless and until Cuslomer certifies the removal or safe coolainment of such hazardous materials. Customer shall indemnify,
<br />defend, and hold ADT, its officers, directOlS, and agents hannless from any damages, daims, injurfes. liabilities resulting from the expoSlJre of AOT's employees, contractors, or
<br />subcontractors to hazardous materials at the work s~e; provided, however, that the foregoing provision will not apply when it has been detennined !hat such hazardous
<br />materials were brought to the work s~e 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 ("QATT") UNDER THE SUPPORT ANTHERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES ACT OF 2002, 6 U.S.C. ~ 441-444
<br />(THE "SAFETY ACT"). AS REQUIRED UNDER 6 C.F.R. 25.5(E}, TO THE MAXIMUM EXTENT PERMmED 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 6 C.F.R. 25.2, WHEN QATT
<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 INS1ALLATION 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 REQUIRED TO SUPPLY SERVICE TO THE CUSTOMER WHILE INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE
<br />SHALL CONTINUE.
<br />1.. Assignment; ErrforCllabllity. This Agreement is not assignable by lhe Customer except upon written consent of ADT first being obtained. ADT shall have the right to
<br />assign this Agreemenl or 10 subcootract any of its obrIQations under this Agreement without notice III Customer. If any of the provisions of this Agreement shall be detennined
<br />to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
<br />M, System Software; Network Connections. Any software provided with the System or in connection with the Se/Vices is proprietary to ADT andlor ADT's supplie~s) and
<br />Is licensed or sublicensed to Customer 00 a noo-exclusive basis. Customer may not (a) disclose the Software or source code to any third parties, (b) duplicete, reproduce, or
<br />copy all or any part of the Software, or (e) use the Software on equipment other tilan with the designaled System with which ~ was furnished. A separate Software Ucense
<br />Agreement or End User Ucense Agreement between ADT and/or the software publisher may be required III use the software and/or obtain updates/upgrades. If the Installed
<br />Equipment is to be connected to Custome~s computer network ('Networ1t'), ADT will furnish and Inslallthe software needed to run the Equipment and will connect the
<br />Equipment to the Networf< according III the Networ1t sellings suppiied by Customer. Installation shall not include modlflca~oos to tile Network. security, or firewall settings. ADT
<br />shall not be responsible for the setup, operation, or maintenance of the Network or Network performance or compabblity issues. ADT may assess additional charges, W ADT is
<br />unable to coonect to the Network or W any additional Equipment Is required to facililate connectivity between 1he 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 AD!. 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 MODIFIED IN WRITING. THE lERMS AND
<br />CONDITIONS OF THIS AGREEMENT SHALL GOVERN NOlWITHSTANDING ANY INCONSISTENT OR ADDITIONAL TERMS AND CONDITIONS OR ANY PURCHASE
<br />ORDER OR OTHER DOCUMENT SUBMITTED BY THE CUSTOMER. .
<br />O. Electronic Medi.. ADT may scan, fax, email, Image, or otherwise coovert this Agreemenl into an electronic fonnat of any type or fonn, now known or devek>ped in the
<br />future. Any unaltered or unadulterated copy of this Agreement produced from such an electronic format will be legally binding upon the parities and equivalent to the original for
<br />all purposes, Including litigatioo. ADT may rely upon Custorne(s assent to the terms and conditions of this Agreement n Customer has signed this Agreement or demonstrated
<br />itlllntent to be bound electrooically or otherwise.
<br />P. Personal Information. Customer represenls and warranls that Customer has obtained all required consents and has the right 10 (a) disclose to ADT all personal
<br />information disdosed hereunder concemlng Individuals/employees Including all infocmation con1alned it Custome(s ECL. and (b) authorfze ADT to u.e such pelSonal
<br />information to administer lhe relalionship between Customer and ADT, Including the administration of this Agreement Customer acknowledges and agrees that ADT may share
<br />all such Informatioo with ils parents, subsidiaries, affiliates and itsIlheir successor corporatioos or any subcontractor or assignee, wilhil and ou1side the coontry In which the
<br />Customer is located and thereby subject s Information to the laws of such countries.
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