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HomeMy WebLinkAboutS.O.S. Alarm for PW Building - Smoke Alarm DocuSign Envelope ID:A8740305-9480.47E6.891 E-9AB6C08D1 FA3 SERVICE AGREEMENT r 1-866-767-2527 s.os. Alarm No. Accounting No. Contract No.J031422A dal Iiiiiit y235 South Haskell Street Central Point (state)OR (rap 9t 7502 (Telephone No.)541-423-1972 (Fax No.) THIS AGREEMENT made this 14th day^.r Ma rch .20 22 .between MEDFORD ALARM&SIGNAL CO.,an Oregon Corporation, hereinafter called"SOS Alarm"and City Of Central Point Facilities-Fire Monitoring hereinafter called WITNESSETHs .subscriber" 1.LOCATION:SOS Alarm agrees to install and maintain,or cause to be installed and maintained,without liability and not as an insurer,during the term of this agreement,its giectric protective service more fully described below,and where applicable,to connect its electric protective equipment by individual circuit or circuits with a central monitoring ►►ElsQQtation,provided by SOS Alarm,on the premises of the Subscriber or under control of the Subscriber at the Subscriber's address as shown at the top of this contract. Jtt.TERM:THIS CONTRACT SHALL BE IN FULL FORCE AND EFFECT FORA TERM OF FIVE IS)YEARS FROM THE DATE SAID ELECTRIC PROTECTIVE EQUIPMENT IS INSTALLED,UNLESS "—HEREINAFTER PROVIDED OTHERWISE,AND SHALL AUTOMATICALLY RENEW ITSELF FROM YEAR TO YEAR THEREAFTER UPON THE SAME TERMS AND CONDmONS UNLESS EITHER PARTY SHALL GIVE THE OTHER NOTICE OF TERMINATION NOT LESS THAN 30 DAYS PRIOR TO THE EXPIRATION OF THE ORIGINAL TERM OR ANY SUBSEQUENT RENEWAL TERM. 3.PAYMENT:Subscriber agrees to pay SOS Alarm as follows: (A)$299.00 for the cost of said protective equipment.Said amount to be payable as follows: (I)$ 149.50 at the time of the signing of the Agreement. (—Ms . $ 149.50 upon the completion of the installation of said electric protective equipment. itIn addition as a service charge for operating said equipment,the sum of$95.00 monthly in advance,on the first day of each month,during the term of this Agreement. �fnln the event of any payment due hereunder Is more than ten days delinquent,SOS Alarm may Impose and collect a delinquency charge of 1H%per month(10%per annum) $5.00 whichever is greater.Subscriber is to receive no credit against the service charge if the system is temporarily cut off or out of service for any reason. All cost of repairs to be bome by Subscriber,except repairs due to depreciation from normal use.SOS Alarm's regular service schedule is Monday-Friday,8:00 a.m.-5:00 p.m.. ice requested after regular service hours,weekends,and holidays will be billed at SOS Alarms regular hourly rate.SOS Alarm will replace batteries ata flat rate of$60.00 for Gose device batteries reporting low battery conditions to the SOS Alarm dispatch center as well the batteries of like devices.Any additional battery replacements requested by subscriber will be billed at SOS Alarm's regular hourly ate plus the cost of each battery. � ayfTle�$Subscriber er may purchase the electric protective equipment at any time during the term of this contract for the additional . 5.SCHEDULE OF PROTECTION:the following protection shall be installed: UBURGLARY LdJFIRE LICCTV UVIDEO MONITORING LARD ACCESS❑HOLDi-U-P�,J'ANIC ❑S BUSH 11PERVISORY❑SUPERVISED OPEN/CLOSE[MONTHLY REPORTS OSILENT �-1 xAUDIBLE ❑COMB QTESTANSPECTION CYARD SIGNS LerECALS f OF SYSTEMS []M OF PARTITIONS Of OF AREAS v[.'R [lR OTO ❑AE ODE DNA [U ❑MDVE ORATING [ST LUS TOTAL WS DATE START DATE FINISH TECH OTHER CITY MODEL DESCRIPTION LOCATION AMOUNT 1 CELLCOMF-LTE-V Cellular Communicator @Panel $299.00 Honeywell 6808 Installed by Johnson Ctrls 35 Alarm initiating Devices • ELECTRICAL PERMIT ALARM PERMIT Ds Total $299.00 SUBSCRIBER DESIRES NO FURTHER PROTECTION AT THIS TIME OTHER THAN THAT LISTED ABOVEF --- _ -- 6.505 ALARM'S UABILTnY:SUBSCRIBER ACKNOWLEDGES THAT SOS ALARM'S OBLIGATION HEREUNDER RELATES SOLELY TO THE MAINTENANCE OF THE SPECIFIC ELECTRICAL PROTECTIVE SYSTEM,AND THAT SOS ALARM IS IN NO WAY OBUGATED TO INSURE THE OPERATION OF THE SYSTEM OR ANY DEVICE OF THE SUBSCRIBER OR OTHERS TO WHICH SOS ALARM'S SYSTEM IS CONNECTED.SOS ALARM DOES NOT REPRESENT OR WARRANT THE FOLLOWING:THAT THE SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED;THAT THE SYSTEM WILL PREVENT ANY LOSS BY BURGLARY,HOLD-UP,FIRE OR OTHERWISE;OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FROM WHICH IT WAS INSTALLED OR INTENDED.SUBSCRIBER ACKNOWLEDGES THAT SOS ALARM IS NOT AN INSURER;THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE INCLUDING ANY WARRAN- TIES OF MERCHANT'S ABILITY OR FITNESS,EXPRESS OR IMPUED,EXCEPT AS SET FORTH HEREIN,AND SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT SUBSCRIBER HAS READ, ,—UNDERSTANDS AND ACCEPTS PARAGRAPHS 14 AND 15 RELATING TO THE LIABILITY OF SOS ALARM HEREUNDER,IN CASE OF LOSS OR DAMAGE TO THE SUBSCRIBER OR ANYONE I^� LSE,AND PROVIDING THAT SOS ALARM IS NOT AN INSURER. Jr7.OWNERSHIP AND PROTECTION OF EQUIPMENT'Subscriber acknowledges that the entire system,including all equipment,devices,foil,wiring,conduits,appliances --end other associated materials,is and shall at all times remain the sole property of SOS Alarm.The Subscriber expressly covenants and agrees not to tamper with,disturb,injure or remove,or otherwise interfere with said electric protective equipment or permit the same to be done.Subscriber agrees that only authorized agents of SOS Alarm will be permitted to alter,remove,adjust,service,repair,add devices,equipment or wiring and agrees to reimburse 5O5 Alarm for loss of,or damage to,installed devices,wiring and equipment.It is further agreed that the electric protective equipment shall remain in the same location as installed,and any removal or disturbance thereof resulting from painting,altering or remod- eling the fixtures or any changes whatsoever necessitating any work whatsoever by any work by way of repairs,relocation or otherwise on said electric protective equipment,or made necessary by Subscriber's act,or which maybe required by insurance interests or inspection and rating bureaus having jurisdiction,shall be paid for by the Subscriber in accordance with standard charges of SOS Alarm in addition to all other charges mentioned herein. 8.THREE DAY NOTICE OF CANCELLATION:THE SUBSCRIBER MAY CANCEL THIS CONTRACT BY SENDING NOTICE OF SUCH CANCELLATION BY CERTIFIED MAIL RETURN RECEIPT REQUESTED TO SOS ALARM WHICH SHALL BE POSTED NOT LATER THAN MIDNIGHT THE THIRD DAY(EXCLUDING SUNDAYS AND HOLIDAYS)FOLLOWING SUBSCRIBERS SIGNING OF THIS CONTRACT. 9.ADDITIONALPROVISJONS' IN WITNESS WHEREOF,THE PARTIES HAVE CAUSED THESE PRESENTS TO BE EXECUTED BY THEIR DULY AUTHORIZED REPRESENTATIVES ALL AS OF THE DAY AND THE YEAR FIRST HEREINABOVE WRITTEN. r—Desuy-flea w SOS ALARM SLBS�NIBER V;c+ e / SALES AGENT Joby Mueller J�06"LSSOBINA.,T+GAxt IA,d, BY Jason'e14Tci`Yimohd TITLE APPROVED — 8 CORPORATION 8 SOLE PROPRIETOR A,iho,ieei OtRre' PARTNERSHIP OTHER THIS AGREEMENT SHALL NOT BE BINDING UPON SOS ALARM UNLESS APPROVED IN THE TERMS AND CONDITIONS CONTAINED ON THE WRITING BY AN OFFICER OF SOS ALARM.IN THE EVENT OF NON-APPROVED,THE REVERSE SIDE OF THIS AGREEMENT ARE INCORPORATED SOLE LIABILITY OF SOS ALARM SHALL BE TO REFUND TO THE SUBSCRIBER THE HEREIN AND BY REFERENCE MADE A PART HEREOF. AMOUNT THAT HAS BEEN PAID TO SOS ALARM. INTEROFFICE INFORMATION DocuSign Envelope ID:A87493D5-9480.47E6.891E-9AB6C08DIFA3 10.RECEIPT OF COPY:Subscriber acknowledges receipt of a copy of this contract. 11.INCREASE IN TAXES.UCENSE OR SERVICE CHARGES.(a)All charges set forth herein are based upon existing Federal,and State taxes and utility charges,including but not limited to telephone company line charges,if any.SOS Alarm shall have the right,at any time,to increase the charges provided for herein to reflect any additional taxes,fees,licenses,utility charges which may be imposed upon SOS Alarm by any governmental agency or utility for any additional costs incurred as a result of requirements imposed by law or by Subscribers insurance carder,relating to the services(s)provided for herein,and Subscriber agrees to pay the same,from and after receipt of notice thereof.. (h)In addition to adjustments made and charges specifically provided for in 11(a)above,and which Subscriber hereby agrees to pay,SOS Alarm may,at any time or times after the expiration of one (I)year from the completion of the installation of the electric protective equipment,propose other increases in the service charges upon giving the Subscriber notice in writing.In the event the Subsmber is unwilling to pay such other proposed increased service charges,the Subscriber may terminate this agreement upon giving notice in wrihng to SOS Alarm by registered or certified mail,return receipt requested,within ten(10)days from the receipt of SOS Alarms notice,provided Subscriber is not default of any of the terms and conditions of this agreement.Failure to notify SOS Alarm within(10)days will constitute Subscribers consent to the increase and all of the other terms and conditions of this agreement shall remain in full force and effect. 12.ASSIGNMENT:Subscriber acknowledge that SOS Alarm has the right to assign and sublet this contract and to sub-contract any of its work or services it may perform.All the terms and conditions of this contract shall be applicable to all work and services sub-contracted to or performed by parties other than SOS Alarm.This agreement is not assignable by Subscriber, voluntarily or involuntarily,by operation of law or otherwise,without written consent of SOS Alarm,and any attempt to do so,without consent shall be void. 13.SUSPENSION OR CANCELLATION OF THIS AGREEMENT:(a)This agreement maybe suspended or cancelled without notice and without liability or penalty,at the option of SOS Alarm: In the event SOS Alarm's or Subscriber's premises or equipment are destroyed by fire,other catastrophe,or by other mans are so substantially damaged that H is impractical to continue service;In the event that any of the services performed by SOS Alarm are prohibited or restricted by law;or in the event that SOS Alarm is unable to secure or retain the connections or privileges necessary for the transmission of signals between Subscriber's premises and SOS Alarm's Central Station or other monitoring facility or between that facility and the public police or two department for any reason whatsoever. r' *)Subscriber acknowledges that SOS Alarm may,at its option,without notice and without liability,discontinue their services provided if any payment hereunder is more than ten(10)days elinquent.If services are discontinued because of Subscribers past due balance,Subscriber agrees to pay a service re-connect charge as determined by SOS Alarm if he desires to have the system Yleconnected. (c)IF THE SUBSCRIBER REFUSES TO LET SOS ALARM REMOVE THE ALARM EQUIPMENT WITHIN 30 DAYS AFTER CANCELLING SERVICE,THE SUBSCRIBER WILL BE RESPONSIBLE TO MAKE PAYMENT TO SOS ' HARM FOR THE TOTAL PURCHASE PRICE IN PARAGRAPH 4. 14.SOS ALARM IS NOT AN INSURER:LIQUIDATED DAMAGED:LIMITATION OF ARABILITY:IT IS UNDERSTOOD AND AGREED:THAT 5O5 ALARM IS NOT AN INSURER;MAT INSURANCE,IF ANY,SHALL BE OBTAINED BY THE SUBSCRIBER;THAT THE PAYMENTS PROVIDED FOR HEREIN ARE BASED SOLELY ON THE VALUE OF THE SERVICE SET FORTH HEREIN AND ARE UNRELATED TO THE VALUE OF THE SUBSCRIBER'S PROPERTY OR THE PROPERTY OF OTHERS LOCATED ON THE SUBSCRIBER'S PREMISES;THAT 505 ALARM MAKES NO GUARANTEE OR WARRANTY,INCLUDE ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS THAT THE EQUIPMENT OR SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURANCES OR THE CONSEQUENCES THERfROM WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETER OR AVERT.SUBSCRIBER ACKNOWLEDGES THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES,IF ANY,WHICH MAY PROXIMATELY RESULT FROM THE FAILURE TO PERFORM ANY OF THE OBLIGATIONS HEREIN,OR THE FAILURE OF THE SYSTEM TO PROPERLY OPERATE WITH RESULTING LOSS TO SUBSCRIBER BECAUSE OF,AMONG OTHER THINGS: (A)THE UNCERTAIN AMOUNT OR VALUE OF SUBSCRIBER'S PROPERTY OR THE PROPERTY OF OTHERS KEPT ON THE PREMISES WHICH MAY BE LOST,STOLEN,DESTROYED,DAMAGED OR OTHERWISE AFFECTED BY OCCURRENCES WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT OR AVERT; (B)THE UNCERTAINTY OF THE RESPONSE TIME OF ANY POLICE OR FIRE DEPARTMENT,SHOULD THE POLICE OR FIRE DEPARTMENT BE DISPATCHED AS A RESULT OF A SIGNAL BEING RECENED OR AN AUDIBLE DEVICE SOUNDING; (C)THE INABIUTY TO ASCERTAIN WHAT PORTION,IF ANY OF ANY LOSS WOULD BE PROXIMATELY CAUSED BY SOS ALARM'S FAILURE TO PERFORM OR BY ITS EQUIPMENT TO OPERATE; (0)THE NATURE OF THE SERVICE TO BE PERFORMED BY SOS ALARM:SUBSCRIBER UNDERSTANDS AND AGREES THAT IF 505 ALARM SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE FROM FAILURE OF SOS ALARM TO PERFORM ANY OF THE OBUGATIONS HEREIN,INCLUDING BUT NOT UMITED TO INSTALLATION,MAINTENANCE,MONITORING OR SERVICE,ORTNE FAILURE OF THE SYSTEM OR EQUIPMENT IN ANY RESPECT WHATSO- EVER,SOS ALARM'S UABIUTY SHALL BE UMITED TO THE TOTAL OF GE(RI MONTHLY PAYMENTS OR TWO HUNDRED FIFTY($250.00)DOLLARS,WHICHEVER IS THE LESSER,A5 LIQUIDATED DAMAGES AND NOT AS A PENALTY AND THIS UABILITY SHALL BE EXCLUSIVE;AND THAT THE PROVISIONS OF THIS SECTION SHALL APPLY IF LOSS OR DAMAGE,IRRESPECTIVE OF CAUSE OR ORIGIN,RESULTS DIRECTLY OR INDIRECTLY TO PERSONS OR PROPERTY,FROM THE PERFORMANCE OR NONPERFORMANCE OF THE OBUGATIONS IMPOSED BY THIS CONTRACT,OR FROM NEGUGENCE,ACTIVE OR OTHERWISE OF SOS ALARM,ITS AGENTS,ASSIGNS OR EMPLOY. EES,IF SUBSCRIBER WISHES SOS ALARM TO ASSUME A UMITED UABIUTY IN UEU OF THE LIQUIDATED DAMAGES AS HEREIN ABOVE SET FORTH,SUBSCRIBER MAY OBTAIN FROM SOS ALARM A UMITED LIABILITY BY PAYING AN ADDITIONAL MONTHLY SERVICE CHARGE TO SOS ALARM.IF SUBSCRIBER ELECTS TO EXEROSE THIS OPTION,A RIDER SHALL BE ATTACHED TO THIS AGREEMENT SETING FORTH THE TERMS,CONDITIONS AND THE AMOUNT OF UMTED UABILITY,AND THE ADDITIONAL MONTHLY CHARGE,SUCH RIDER AND ADDITIONAL OBUGATION SHALL IN NO WAY BE INTERPRETED TO HOLD SOS ALARM AS AN INSURER. 15.THIRD PARTY INDEMNIFICATION:IN THE EVENT ANY PERSON NOT A PARTY TO THIS AGREEMENT,SHALL MAKE ANY CLAIM OR FILE ANY LAWSUIT AGAINST SOS ALARM FOR MY REASON RELATING TO SOS ALARM'S DUTIES AND OBUGATIONS PURSUANT TO THIS AGREEMENT,INCLUDING BUT NOT LIMITED TO THE DESIGN,INSTALLATION,MAINTENANCE,MONITORING,OPERATION,OR NON-OPERATION OF THE ALARM SYSTEM,SUBSCRIBER AGREES TO INDEMNIFY,DEFEND AND HOLD SOS ALARM HARMLESS FROM ANY AND ALL CLAIMS AND LAWSUITS,INCLUDING BUT NOT LIMITED TO THE PAYMENT OF ALL DAMAGES,EXPENSES, COSTS,AND ATTORNEYS FEES,WHETHER THESE CAMS BE BASED UPON ALLEGED INTENTIONAL CONDUCT,ACTIVE OR PASSIVE NEGUGENCE,OR STRICT OR PRODUCT UABIUTY ON THE PART OF SOS ALARM,ITS AGENTS, SERVANTS OR EMPLOYEES. 16.ADDITIONAL PROTECTION OR SERVICE;SUBSCRIBER ACKNOWLEDGES THAT ADDITIONAL PROTECTION OR SERVICE MAY BE ASSUMED BY SOS ALARM OVER AND ABOVE THAT PROVIDED HEREIN AT AN ADDITIONAL COST.IF SUBSCRIBER DESIRES SOS ALARM TO PERFORM ADDITIONAL SERVICES OTHER THAN PROVIDED FOR BY THIS CONTRACT,A RIDER SHALL BE ATTACHED TO THIS CONTRACT SPECIFICALLY STATING SUCH SERVICES,AS TO ANV SUCH ADDITIONAL SERVICES ASSUMED BY SOS ALARM,IT IS EXPRESSLY AGREED THAT SOS ALARM IS NOT AN INSURER AND IS NOT IN ANY WAY OBLIGATED TO INSURE ANY PROPERTY OF SUBSCRIBER OR PROPERTY OF OTHERS ON THE PREMISES OF SUBSCRIBER OR IN CONTROL OF SUBSCRIBER. 17.DELAYS IN SERVICE:5O5 Alarm assumes no liability for delay in installation of the system,or interruption of service due to strikes,or other work interruption,riots,floods,fires, storms,earthquakes,insurrection,inability to procure equipment or supplies,or a delay in the shipment thereof,interruption in telephone services,acts of GOD or other cause reason- ably beyond its control,whether or not such other cause is in the same class as those enumerated,and SOS Alarm shall not be required to supply services to Subscriber while any such causes or condition exists. 18.ERRORS OR OMISSIONS:Subscriber shall notify SOS Alarm in writing within five(5)days from completion of installation of any errors or omissions in the installation of the protection or devices.Unless such written notice is furnished within said S-day period,Subscriber shall be deemed to have accepted the installation as made. 19.SUBSCRIBER'S RESPONSIBILITY:SUBSCRIBER IS RESPONSIBLE TO OBTAIN ANY NECESSARY PERMITS REQUIRED BY LAW AND TO PAY ANY FALSE ALARM FEES WHICH MAY BE IMPOSED BY ANY GOVERNMENTAL OR PUBLIC BODY AS A RESULT OF THE INSTALLATION OR SERVICE PROVIDED HEREIN.PROPERTY TAXES,IF ANY WILL BE THE RESPONSIBILITY OF THE SUBSCRIBER.SUBSCRIBER SHALL PROPERLY OPERATE THE ALARM SYSTEM AND SHALL CAREFULLY AND PROPERLY SET ANY BURGLAR OR INTRUSION ALARM EACH NIGHT OR AT SUCH TIME AS SUBSCRIBER SHALL CLOSE OR VACATE THE PREMISES.SUBSCRIBER SHALL CAREFULLY AND PROPERLY TEST ANY BURGLAR OR INTRUSION ALARM SYSTEM,INCLUDING THE WALX TESTING OF ALL SPACE PROTECTION WHICH MAY BE INSTALLED,PRIOR TO EACH CLOSED PERIOD AND SHALL IMMEDIATELY REPORTTO SOS ALARM ANY CLAIMED INADEQUACY IN OR FAILURE OF THE SYSTEM.IN ADDITION,ANY BURGLAR ALARM OR SUPERVISORY ALARM WHICH IS CONNECTED TO SOS ALARM'S CENTRAL STATION OR OTHER MONITORING FACILITY WHICH IS NOT SUPERVISED(DAILY OPENING AND CLOSING SIGNALS)SHALL BE COMPLETELY TESTED BY THE SUBSCRIBER THROUGH PRIOR ARRANGEMENT'S AT LEAST QUARTERLY.WHEN NOTIFIED,SOS ALARM SHALL MAKE REPAIRS AS SHALL BE NECESSARY AS SOON AFTER THE RECEIPT OF NOTICE AS IS REASONABLY PRACTICAL-SUBSCRIBER WILL NOTIFY SOS ALARM 10 DAYS PRIOR TO ANY CHANGE OF OWNERSHIP OF SAID PREMISE WHERE SAID ELECTRONIC PROTEC- TIVE EQUIPMENT U INSTALLED. (20)RECEIPT OF SIGNALS/RESPONSE: (a)CENTRAL STATION ALARM:SOS Alarm or its designee,except where the system terminates at a police or fire department,shall without warranty,make every reasonable effort to do the following: (1)Upon receipt of a burglar alarm signal,transmit the alarm to headquarters of the public police department unless there is lust cause to assume that an emergency condition does not exist;if deemed necessary by SOS Alarm notify the Subscriber or his designated representative by calling the telephone number supplied to SOS Alarm in writing by the Subscriber. (2)Upon receipt of a hold-up alarm signal,transmit the alarm to the public police department. (3)Upon receipt of a sprinkler water-flow signal,manual or automatic fire alarm signal,transmit the alarm to the public fire department unless there Is just cause to assume that an emergency condition does not exist;if deemed necessary by SOS Alarm,notify Subscriber or his designated representative by calling the telephone number supplied to SOS Alarm in writing by Subscriber. (4)Upon reciept of a monitor or supervisory signal,notify Subscriber or his designated regresentative by calling the telephone number supplied to SOS Alarm in writing by Subscriber, unless instructed otherwise. (b)POUCE/RRE DEPARTMENT CONNECTED ALARMS:Subscriber acknowledges that the signals transmitted from Subscriber's premises will be monitored in municipal police and/or fire departments or other locations,and that the personnel of such municipal and/or fire department or other location are not the agents of SOS Alarm nor does SOS Alarm assume any responsibility for the manner In which such signals are monitored or the response,if any to such signals. (c)TELEPHONE LINES:Subscriber acknowledges that signals which are transmitted over telephone company signal channel lines,Voice Over Internet Protocol(VOIP),Cellular Network,and/or any other type of transmission network are wholly beyond the control and jurisdiction of SOS Alarm,and are maintained and serviced by the applicable telephone company,utility,and/or provider of said service. (211 FALSE ALARMS:In the event an excessive number of false alarms are caused by Subscribers carelessness,malicious action,or accidental use of the alarm system,or in the event Subscriber in any manner misuses or abuses the system,SOS Alarm may in its sole discretion deem same to be a material breach of contract on the part of Subscriber and,its option,in addition to all other legal remedies set forth below,be excused from further performance upon giving the ten(10)days written notice to Subscriber.SOS Alarm's excuse from performance shall not affect its right to recover damages from Subscriber.In the event a fine,penalty or fee is assessed against SOS Alarm dispatches an agent to respond to an alarm originating from Subscriber's premises,where Subscriber intentionally,accidentally or negligently has activated the alarm signal,and no alarm condition exists,or if SOS Alarm makes any maintenance call caused by inadvertence or negligence of Subscriber,Subscriber shall pay SOS Alarm the sum of Forty Five($45)Dollars for each such call.Subscriber represents he fully understands that the equipment,because of its sensitivity and nature,is subject to the influence of external events which are not within the control of SOS Alarm and which may cause the alarm to activate. Any or all of such alarms shall not excuse any of the obligations of Subscriber as set forth in this Agreement.Subscriber agrees to make any changes necessary to prevent the occurrence of false alarms,will not take o r permit any action that affects the proper operation of the system and agrees to turn off or remove all things animate or inanimate,including but not limited to all forced air heaters,air conditioners,animals,bells,horns and any other thing witch may interfere with the effectiveness of the system during closed periods while the alarm system is on. (it's AUTHORIZED PERSONNEL:Subscriber agrees to furnish SOS Alarm forthwith with a written list of names,residences,residence phone numbers,all persons authorized to enter upon the promises or be notified in the event of an alarm.All changes,revisions and modifications to the above shall be supplied to SOS Alarm in writing.SOS Alarm is hereby authonzed to enter upon the premises at any time or times deemed necessary by SOS Alarm to perform its services to maintain the system and in the event of an alarm signal.Subscnber hereby authorizes SOS Alarm to temporarily disconnect the system for nuisance or electrical reasons if SOS Alarm is unable to notify Subscriber at emergency numbers listed,if Subscriber declines or fails to arrive at the premises within thirty(30)minutes,or if requested to do so by any governmental or municipal officer having Jurisdiction. (23)ARREST:Subscriber authorizes SOS Alarm to cause the arrest of any person or persons on or around the premises unauthorized by Subscriber and to hold such person or persons until released by Subscriber,his known representative or police authority. (241 DEFAULT AND TERMINATION:IN THE EVENT SUBSCRIBER DEFAULTS IN THE PERFORMANCE OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT,INCLUDING THE FAILURE TO MAKE ANY PAYMENTS AS AGREED HEREIN OR IN THE EVENT THAT VOLUNTARY OR INVOLUNTARY BANKRUPTCY OR RECEIVERSHIP PROCEEDINGS ARE INITIATED BY OR AGAINST SUBSCRIBER OR SUBSCRIBER MAKES AN ASSIGNMENT FOR THE BENEFIT OF SUBSCRIBER'S CREDITORS OR IN THE EVENT ANY GOVERNMENTAL OR MUNICIPAL AGENCY REQUESTS TERMINATION OF THE SYSTEM,OR SHOULD THE WHOLE OR ANY PART OF THE PREMISES BE ACQUIRED OR CONDEMNED FOR ANY PUBLIC AGENCY OR PRIVATE USE OR PURPOSE,OR SHOULD SUBSCRIBER VACATE THE PREMISES FOR ANY REASON THEN AND IN ANY SUCH EVENT THE ENTIRE BALANCE OF THE MONIES OWING FOR THE UNEXPIRED TERM OF THIS AGREEMENT,TOGETHER WITH ALL PAST DUE BALANCES SHALL BECOME IMMEDIATELY DUE AND PAYABLE AT THE OPTION OF SOS ALARM.FURTHER,IN THE EVENT OFA DEFAULT BY SUBSCRIBER,OR UPON THE EXPIRATION OF THIS AGREEMENT OR ANY RENEWAL TERM THEROF,SUBSCRIBER HEREBY CONSENTS TO SOS ALARM'S ENTERING THE AFORESAID PREMISES OR ANY OTHER PREMISES WHERE THE PROPERTY OF SOS ALARM MAY BE LOCATED FOR THE PURPOSE OF REMOVING ALL OR PART OF ANY EQUIPMENT BELONGING TO SOS ALARM.REMOVAL OF SAID-SYSTEM SHALL BE WITHOUT PREJUDICE TO THE COLLECTION OF ANY AND ALL SUMS DUE UNDER THE ENTIRE CONTRACT OR EXTENSIONS THEREOF.THE REMEDIES HEREIN PROVIDED SHALL NOT BE DEEMED EXCLUSIVE,BUT SHALL BE IN ADDITION TO SUCH OTHER REMEDIES AS S05 ALARM MAY HAVE AT LAW OR IN EQUITY TO ENFORCE FOR THE BREACH THEREOF. (25)ATTORNEY'S FEES:In the event it shall become necessary for SOS Alarm to institute legal proceedings to collect any charges set forth or provided herein,then and in such proceeding the unsuccessful party shall pay to the successful party such sum as attorney's fees as the court may adjudge reasonable,in addition to the costs and disbursements provided by law. (26)ENTIRE INTEGRATED AGREEMENT:MODIFICATION:ALTERATIONS:WAIVER:This writing is intended by the pames as a final expression of their agreement and as a complete and exclusive statement of the terms thereof,and in particular Paragraphs 14,15,and 16 which set forth SOS Alarm's maximum liability in the event of loss or damage t0 Subscriber or others.This agreement supersedes all prior presentations,understandings or agreements of the parties,and the parties rely only upon the contents of this Agreement in executing it.This Agreement can only be modified by a writing signed by the partes of their duly authorized agent.No waiver of a breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach. (27)INVALID PROVISIONS:In the event of the terms or provisions of this Agreement shall be declared to be invalid or inoperative,all of the remaining terms and provisions shall remain in full force and effect. (28)PRIOR CONTRACTS:The partes hereby agree that the execution of this contract by both parses automatically cancels all former contracts between SOS Alarm and the above named Subscriber for the same location or locations as contained in this contract when the protection provided for herein is intended to replace the existing protection presently installed.Any such cancellation,however,does not releive the Subscriber from any past due balances owed to SOS Alarm under the previous contract or any other liability that accrued under the terms thereof. (29)PURCHASE ORDERS:It is understood and agreed by and between the parties hereto,that if there is any conflict between this contract and Subscriber's purchase order or any other document,this contract will govern,whether such purchase order or other document is prior or subsequent to this agreement. (30)INSTALLATION:SOS Alarm is hereby authorized to make any preparations such as drilling holes,driving nails,making attachments or doing any other thing or things necessary or pertinent to the installation and maintenance of the electric protective system and shall not be responsible for any condition created thereby during the installation,maintenance, removal or abandonment thereof of the electric protective equipment,and further,SOS Alarm shall not be responsible for any condition of premises upon the removal of the electronic protective equipment,and further Subscriber warrants that is has full authority from the owner and/or any other person in control of the premises to permit the installation under all conditions herein above mentioned.Subscriber agrees that the installation work is to be done during SOS Alarm's regular installation working hours.Subscriber hereby authorizes use of electrical outlets required and will furnish all necessary addition of conduit or electrical wiring required,ILFIRAPreffilillfff Md the�nefcessary current through his meter at his expense. _6346(r,IraitAtkO1R,J