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2013/02/15 Pacific Alarm Service, Inc. Fire and Burglar Alarm SystemBEAUMONT (951) 845-1666 521 WELLWOOD AVENUE BEAUMONT CALIFORNIA 92223 www.pacificalarm.com Dear Subscriber: PACIFIC ALARM SERVICE, INC. BURGLAR — FIRE — CCTV FAX (951) 769-1230 HEMET (951) 658-7811 REDLANDS (909) 793-1001 Consumer Affairs Lic. #ACO-99 CSLB Lic. #606372 Pacific Alarm appreciates the opportunity to continue to provide for your security system needs. Your present agreement is expiring and we have enclosed a renewal agreement for you to sign. Please review the new agreement and complete it as specified below: General Agreements Sign and date where indicated Initial the back of white and yellow page in the two places indicated Return the white and yellow copies in the enclosed envelope Retain the pink copy for your records Thank you for your assistance. Please feel free to call if you should have any questions. Sincerely, Jayme Steele Office Assistant PACIFIC ALARM SERVICE INC. Beaumont Office—(951)668-7811 Hemet — (951) 793-1001 la 521 Wellwood Avenue •Beaumont, Calif. 92223 Redlands ai s Lic. #ACO-D7 Consumer Affairs Lic. #ACO-99 GENERAL AGREEMENT CSLB Lic. #606372 This agreement between PACIFIC.ALARM SERVICE, hereinafter called 'ALARM COMPANY' and Mentfee City Hail hereinafter called "Subscriber, UVITNESSETH: in conslderVon of all the covenants herein to be performed by the Subscriber, the Alarm Company hereby agrees to Install and selvice a burglar alarm I system on the premises Of the Subscriber at 29714 Haan Read Irianlfee, Ca. 92586 for a period of d i vearsto commencing February 16 2013 SCHEDULE: LOMOd Burglar Alarm System with Central Station Monitoring .Muitbzone alarm control panel with entrytexh delay zones, siren cut -oft, area partitioning, zone expansion capability and rechargeable standt power. Two digital onloft keypads with alpha -numeric display, panic and bypass functions. Contact nine perimeter doors Contact one roof hatch. Nine wall mounted dual detection devices - Interior detection. One long range wan mounted dual detector. Four3E50 degree calling mounted dual detectors. interior siren. Exterior siren in tamper proof enclosure. Digital communication to Central Station witn"y test signal. Subscriber declines radio backup option tFIZINT "Subscriber may canoe! contract with wMt day notice. yyyyX 1. TERM, PAYMENT, RENEWAL: Subscriber agrees to pay to the Alarm Company installation charge of $ Upon the execution of this agreement. • 64.00 • 54. W He further agrees to pay to the Alarm Company $ per month service charge, payable as follows: $ first month's charge, payable upon execution of this agreement and $ " 64.00 on the first day of each and every month. It is agreed that the sums to be paid by Subscriber are in consideration of the execution of this agreement and/or the renewal thereof and the installation of said system, and upon default by Subscriberof any of the terms or conditions herein contained, the Alarm Company may, at its option, declare any principal balance hereunder to become immediately due and payable. All charges set forth in this Agreement are based on existing federal, state, local taxes, license fees and utility charges. In the event of any increase or additional taxes, fees, utility or government charges related to the installation of the service, herein described, the Subscriber agrees to pay the additional costs which may be imposed. Unless thirty days before the expiration of the term thereof, written notice is given by the Subscriber to the Alarm Company of the termination of this agreement, the same shall be automatically renewed on a year to year basis, subject to all the terms and conditions herein contained. 2. TITLE TO EQUIPMENT, REMOVAL OF SYSTEM. Subscriber acknowledges and agrees that this agreement is for the providing service only and that except as hereinafter provided, the major components installed herein, including but not limited to transmitters, detection devices, bell boxes and controls shall at all times remain the sole property of Company. Upon the expiration of this agreement or upon any default as herein set forth, Company is authorized to enter upon the premises of Subscriber and to remove all of the Company owned equipment. Removal of Company owned equipment shall be without prejudice to the collection of any and all sums due under the entire contract or extensions or renewals thereof. Subscriber shall, in such event, return the said Company equipment to Company in good condition, reasonable wear and tear expected. Upon completion of the installation, title to all of the nonrecoverable equipment, material, supplied, including but not limited to, wire, cable, conduit, screens and the Iaborforthe installation of the system shall vest in the Subscriber. Notwithstanding the foregoing, during the term of this agreement, Subscriber will not damage,encumber, tamper with or dispose of any portion of this system or permit the system to be damaged, encumbered, taken from the premises, tampered with, or repaired by anyone who is not an authorized agent of Company. Subscriber agrees that the installation of the Company owned equipment does not create a fixture to Subscriber's premises as to that equipment. 3. DEFAULT BY SUBSCRIBER: ATTORNEYS FEES: If Subscriber fails to pay any amount provided herein within ten (10)days after the same is due and payable, or if Subscriber fails to perform any other provisions within ten (10) days after Company shall have requested it in writing performance thereof, or If Subscriber makes any assignment for the benefit of creditors, Company shall have the right, but shall not be obligated, to exercise any one or more of the following remedies: (a) Recover the existing amount due from Subscriber and continue to service the system, in which case, Company shall be entitled to recover, in addition, the monthly payments due under the Agreement for said services; or (b) Remove the alarm system upon five (5) days written notice to Subscriber at Subscriber's address listed above, and recover from Subscriber all sums Company may be entitled to under taw. In the event of termination of the Agreement or upon expiration of this Agreement, Company shall have the immediate right to remove the equipment which shall not be considered to constitute a breach of this Agreement or a waiver by company of any of its rights. Company shall not be responsible for damage caused to Subscriber's premises by reason of the removal of the alarm system from Subscriber's premises. In the event it shall become necessary for Company to institute legal proceedings to collect the cost of installation of the monthly service charge as set forth herein, then and in such proceedings the unsuccessful party shall pay to the successful parry reasonable atiorney's fees where permitted by law. 4. SUBSCRIBER'S DUTIES AS TO USE OF SYSTEM/AUTHORIZED PERSONNEL: The Subscriber shall carefully and properly lest and set the alarm system immediately prior to the securing of the premises. If any detect in operation ofthe system develops, or in the event any interruption at Subscriber's premises, Subscriber shall notify Company immediately. Company shall repair any defective equipment within a reasonable time after receipt of such notice. If space protection is part of said system, Subscriber shall walk test the system each day or at such other time as Subscriber shall close his premises in the manner recommended by Company. Subscriber agrees to furnish Company forthwith a written list of the names, titles, residences, residence phone numbers and signatures of all persons authorized to enter the premises of Subscribers during regularly scheduled closed periods, and/or be notified in the event of an alarm, and with a written daily and holiday opening and closing schedule, including janitor's schedules. All charges, revisions and modifications to the above shall be supplied to Company in writing. 5. COMPANY IS NOT AN INSURER; LIMITATION OF LIABILITY; LIQUIDATED DAMAGES: It is understood and agreed: That the Company is not an insurer; that insurance, if any, shall be obtained by Subscriber; that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of the Subscriber's property or the properly of others located on Subscriber's premises. Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from a 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 otherthings: (a) The uncertain amount of 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 signal being received or an audible device sounding (c) The inability to ascertain what portion, if any, of any loss would be proximately caused by Company's failure to perform or its equipment to operate. (d) The nature of the service to be performed by Company. Subscriber understands and agrees that if Company should be found liable for loss or damage due from failure of Company to perform any of the obligations herein, including but not limited to installation, maintenance, monitoring or service, or the failure of the system or equipment in any respect whatsoever, Company's liability shall be limited to a sum equal to the total of six (6) monthly payments or Two Hundred Fifty ($250.00) dollars, whichever is the lesser, as liquidated damages and not as a penalty and this liability shall be exclusive, and that the provisions of this Section shall apply if loss or damages, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or nonperformance of the obligations imposed by this contract, or from negligence, active or otherwise, of Company, its agents, assigns, or employees. If subscriber wishes Company to assume a limited liability in lieu of the liquidated damages as hereinabove set forth, Subscriber may obtain from Company a limitation of liability by paying an additional monthly service charge to Company. If Subscriber elects to exercise this option, a rider shall be attached to this agreement setting forth the terins, conditions and the amount of the limited liability, and the additional monthly charge. Such rider and additional obligation shall in no way be interpreted to hold Company as an insurer. 6. COMPANY'S LIABILITY/DISCLAIMER OR WARRANTIES: COMPANY DOES NOT REPRESENT OR WARRANT, THAT THE ALARM SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED: OR THAT THE SYSTEM WILL PREVENT ANY LOSS BY BURGLARY, HOLD-UP, FIRE, OR OTHERWISE: OR THATTHE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT COMPANY HAD MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; NOR HAS SUBSCRIBER RELIED ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED; THAT ANY AFFIRMATION OF FACT OR PROMISE SHALL NOT BE DEEMED TO CREATEAN EXPRESS WARRANTY, AND THATTHERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OFTHEAGREEMENT HEREOF: THAT COMPANY IS NOT AN INSURER: THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE TO SUBSCRIBER'S PREMISES OR TO THE CONTENTS THEREOF; AND THAT SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREEMENT, PARTICULARLY PARAGRAPHS 5 AND 7, WHICH SET FORTH COMPANY'S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE. PACIFIC ALARM SERVICE, INC. l "wii(J2, By JD Dated •' Aa , 20 li AP-PAS-12 (rev. 11/97) 7. THIRD PARTY INDEMNIFICATION: In the event any person, not a party to this Agreement, shall make any claim or file any lawsuit against Company for any reason relating to Company's duties and obligations pursuant to this Agreement, including but not limited to the design, installation, maintenance, operation, or nonoperation of the alarm system, Subscriber agrees to indemnify, defend and hold Company harmless from any and all claims and lawsuits, including the payment of all damages, expenses, costs, and attorneys' fees, whetherthese claims can be based upon active or passive negligence, or strict or product liability on the part of the Company, its agents, servants or employees. This agreement by Subscriber to indemnify Company against third party claims as hereinabove set forth shall not apply to issues, damages, expenses and liability resulting in injury or death to third persons or injury to property of third persons, which losses, damages, expenses and liability occur while an employee of Company is on Subscriber's premises and which losses, damages and liability are solely and directly caused by the acts of said employee. B. RIGHT OF SUBCONTRACTORS: Subscriber acknowledges that this Agreement, and particularly those paragraphs relating to disclaimer of warranties, liquidated damages and third party indemnification, inure to the benefit of and are applicable to any subcontractors employed by Company to provide monitoring, maintenance, installation or service of the alarm system(s) provided herein; and that they bind Subscriber with respect to said subcontractors with the same force and effect as they bind Subscriber to Company. 9. RESPONSE TO ALARMS, POLICE/FIRE DEPARTMENT ALARMS. (a) LOCAL ALARM. Company, upon receipt of information that an audible device is sounding on the premises of Subscriber, will make reasonable efforts to notify Subscriber or his designated representative by telephone of the phone number and address supplied to Company in writing by Subscriber. If Subscriber cannot be reached or does not appear at the above - described premises within thirty (30) minutes from the time Company receives information that the audible device is sounding, or if Company is called upon to turn off any audible alarm at the above address at any time, Subscriber hereby authorized and appoints Company, as its agent, to turn off the said audible device and agrees to hold Company harmless and to indemnify Company from any damage, loss or liability which may result from the turning off of the alarm by Company. (b) CENTRAL OFFICE ALARM. Company or its designee, except wherethe system terminates as 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, and notify the Subscriber or his designated representative by calling the telephone number supplied to Company in writing by Subscriber. (2) Upon receipt of a hold-up alarm signal, transmit the alarm to the public police department. (3) Upon receipt of a sprinkler signal. water flow signal, manual or automatic fire alarm signal, transmit the alarm to the public fire department and notify Subscriber or his designated representative by calling the telephone number supplied to Company in writing by Subscriber. (4) Upon receipt of a monitor signal, notify Subscriber or his designated representative by calling the telephone number supplied to Company in writing by Subscriber. (c) POLICE/FIRE DEPARTMENT CONNECTED ALARMS: Subscriber acknowledges that if the signals transmitted from Subscriber's premises will be monitored in municipal police and/ or fire departments or other locations, that the personnel of such municipal police and/or fire department or other location are not the agents of Company, nor does the Company assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. (d) TELEPHONE LINES: Subscriber shall pay all charges made by any telephone company or other utility for installation, leasing and service charges of telephone lines connecting Subscriber's protected premises to Company's Central Station when a digital communicator, voice communicator, or direct line is installed or when the signals are transmitted to any municipal police or fire department. Subscriber acknowledges that if Company utilizes a digital or voice communicator for the purposes of transmitting alarm signals from Subscriber's premises to Company's Central Station, that the signals from Subscriber's alarm system are transmitted over Subscriber's regular telephone service to Company's Central Station, and in the event Subscriber's telephone service is out of order, disconnected, placed on vacation or otherwise interrupted, signals from Subscriber's alarm system will not be received in Company's Central Station during any such interruption in telephone service and the interruption will not be known to Company. Subscriber further acknowledges and agrees that signals are transmitted over telephone company lines which are wholly beyond the control and jurisdiction of Company and are maintained and serviced by the applicable telephone company or utility. 10. FALSE ALARMS. In the event an excessive number of false alarms are caused by Subscriber's carelessness, malicious action, or accidental use of the alarm system, or in the event Subscriber in any manner misuses or abuses the system, Company may in its sole discretion deem same to be a material breach of contract on the part of Subscriber and, at its option, in addition to all other legal remedies set forth below, be excused from further performance, upon the giving of ten (10) days written notice to Subscriber. Company's excuse from performance shall not effect its rights to recover damages from Subscriber. In the event a fine, penalty or fee is assessed against Company by any governmental or municipal agency as a result of any alarm originating from Subscriber's premises, Subscriber agrees to forthwith reimburse Company from same. In the event Company dispatches an agent to respond to an alarm originating from Subscriber's premises, where Subscriber intentionally, accidentally or negligently has activated the alarm signal, no alarm condition exists, or if Company makes any service call caused by the inadvertence or negligence of Subscriber, Subscriber shall pay to Company the sum of Sixty seven dollars and fifty cents ($67.50) for each such service call. Subscriber represents that 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 Company and which may cause the alarm to activate. Any and all such alarms which may occur, shall not be constituted as improper operation of the equipment nor as malfunction thereof, or shall any or all of such alarms excuse any of the obligations of Subscriber as set forth in this Agreement. Subscriber shall pay for all false alarm charges, fees and fines. 11. SUSPENSION OR CANCELLATION OF THIS SYSTEM: This Agreement may be suspended or cancelled, without notice at the option of Company. If Company's or Subscriber's premises or equipment is destroyed by fire or other catastrophe, or so substantially damaged it is impractical to continue service, or in the event Company Is unable to render service as a result of any action by any government authority. 12. CHANGE OF OWNERSHIP OF SUBSCRIBER'S PREMISES: Subscriber acknowledges that the sale or transfer of subscriber's premises shall not relieve Subscriber of his duties and obligations under this agreement. Subscriber may not assign or otherwise transfer this Agreement without the written consent of Company. 13. CHANGE TO THE SYSTEM; COST OF REPAIRS; ADDITIONAL PROTECTION; RISK OF LOSS: The Cost of any changes and variances in the system, as herein contracted for or as originally installed, made at the request of or made necessary or required by Subscriber's action, or which may be demanded by any governmental agency or insurance interests or inspection and rating bureau, are to be borne by Subscriber. SUBSCRIBER ACKNOWLEDGES THAT SUBSCRIBER HAS CHOSEN THE SYSTEM AND THATADDITIONAL PROTECTION IS AVAILABLE AND MAY BE OBTAINED FROM COMPANY OVER AND ABOVE THAT PROVIDED HEREIN, AT AN ADDITIONAL COST TO SUBSCRIBER. All risk of loss or damage to the system shall be borne exclusively by Subscriber whose obligations hereunder shall not be diminished by any such loss or damage. 14. ASSIGNABILITY OF AGREEMENT: This Agreement shall not be assigned by either party, except that it shall be binding upon and inure to the benefit of any corporation, partnership, association, or other entity with which the Company may be merged or consolidated or which may succeed to the assets and principal activities of the Company, or which by reason of geographical servicing necessitates assignment. 15. INTEGRATION, WAIVER AND PARTIAL INVALIDITY: This Agreement contains the entire agreement between the parties and supersedes all prior oral and written agreements, understandings, commitments, and practices between the parties. No amendment may be made except by a writing signed by both parties. No waiver by the Company of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be consumed as a further or continuing waiver by the Company of any such term, provision or condition of this Agreement. 16. SUMMARY OF COMPANY'LIABILITY: Company does not represent or warrant, either expressly or impliedly, that the alarm system may not be compromised or circumvented; that the system will prevent any loss by burglary, robbery, fire or otherwise; or that the system will In all cases provide the protection for which it is installed or intended. Subscriber acknowledges that Company is not an Insurer, that Subscriber assumes all risk for loss or damages to Subscriber's premises or to its contents; that Company has made no representations or warranties, either expressed or implied, nor has Subscriber relied on any representations or warranties, expressed or implied, except as set forth herein, and Subscriber acknowledges that he has read and understands this entire Agreement, and particularly Section, 5, 6 and 7 of this Agreement which sets forth the Company's obligation and maximum liability in the event of any loss or damage to Subscriber. R"BY PLACING HIS INITIALS BESIDE THIS CLAUSE, SUBSCRIBE19 ACKNOWLEDGES THAT HE HAS READ THIS PAGE AND DISCUSSED THIS PROVISION REGARDING I' LIQUIDATED DAMAGESAND LIMITATION OF LIABILITY WITH COMPANY'S AGENTAND HAS AGREED TO THE AMOUNT SET FORTH HEREIN." - RECEIPTOFCOPY: SUBSCRIBER ACKNOWLEDGES RECEIPT OFA COPY OF THIS AGREEMENT. RESIDENTIAL ALARM SYSTEMS. Initials YOU, THE SUBSCRIBER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. MAIL OR DELIVER WRITTEN NOTICE OF CANCELLATION TO PACIFIC ALARM SERVICE, INC. 521 WELLWOOD AVE., BEAUMONT, CA 92223 PACIFIC ALARM SERVICE INC. BeaDm°n1o"'ct—(951)658-166a Hemet — (951) 793-10 1 521 Wellwood Avenue •Beaumont, Calif. 92223 Redlands ai s Lic. #ACO-U7 Consumer Affairs Lic. #ACO-99 GENERAL AGREEMENT CSLB Lic. #606372 This agreement between PACIFIC .ALARM SER�ACE, hereinafter called `ALARM COMPANY" and Menlfee GIs Hall herelnafter called "Subscriber, MATNESSETH: In consideration of all the covenants herein to be performed by the Subscriber, the Alarm Company hereby agrees to Drovide central station monitorin on the premises of the Subscriber at 29714 Haun Road Menffee Ca. 925S5 for a period of �J lyealrP commencing February 15, 2013 Schedule Subscrlbor Owned Fire Alarm System with Central Station Monitoring Includes UL certificate. Service and maintenance provided as needed by Pacific Alarm Service (billed In addition and separately). Central Station Monitoring of subscriber -owned fire alarm system. Inspection and testing of system. Xxxxx 1. TERM, PAYMENT, RENEWAL: Subscriber agrees to pay to the Alarm Company installation charge of $ Upon the execution of this agreement. He further agrees to pay to the Alarm Company $ 80.00 per month service charge, payable as follows: $ 80.00 first month's charge, payable upon execution of this agreement and $ 80.E on the first day of each and every month. It is agreed that the sums to be paid by Subscriber are in consideration of the execution of this agreement and/or the renewal thereof and the installation of said system, and upon default by Subscriber of any of the terms or conditions herein contained, the Alarm Company may, at its option, declare any principal balance hereunder to become immediately due and payable. All charges set forth in this Agreement are based on existing federal, state, local taxes, license fees and utility charges. In the event of any increase or additional taxes, fees, utility or government charges related to the installation of the service, herein described, the Subscriber agrees to pay the additional costs which may be imposed. Unless thirty days before the expiration of the term thereof, written notice is given by the Subscriber to the Alarm Company of the termination of this agreement, the same shall be automatically renewed on a year to year basis, subject to all the terms and conditions herein contained. 2. TITLET EQUIPMENT, REMOVAL OF SYSTEM. Subscriber acknowledges and agrees that this agreement is for the pmvidi service only and that except as hereinafter provided, the major compone 'nstalled herein, including but not limited to trans rs, detection devices, bell boxes and controls shall at al s remain the sole property o om any. Upon the expiration of this agr ant or upon any default as herein set forth, Comp is authorized to enter upon the premises of Subscriber and o move all of the Company owne a uipment. Removal of Company ow equipment shall be without prejudice to the colleclio any and all some due under the entire contract or extensions or renewals thereof. Subscriber shall, in such event, return the said Compa uipment to Company in good condition, reasonab ear and tear expected. SH9SCRIPER-OWNNdF�O Upon completion of the installa' title to all of the nonrecoverable equipment, mate supplied, including but not limited to, wire, ca e, condo, screens an a labor for the installation of the system shall vest in the Subscriber. ithstanding the foregoing, during the term of in reement, Subscriber will not damage, encumb r, tamper with or dispose ny portion of this system or permit the system to be damaged, en bered, taken from the premises, tampered wit , repaired by anyone who is not an authorize ant of Company. Subscri grees that the installation of the Company owned equipment do not create a fixture tc Subscriber's premises a o that equipment. 3. DEFAULT BY SUBSCRIBER:ATTORNEY'SFEES: If Subscriber tails to pay any amount provided herein within ten(10) days after the same is due and payable, or if Subscriber tails to perform any other provisions within ten (10) days after Company shall have requested it in writing performance thereof, or if Subscriber makes any assignment for the benefit of creditors, Company shall have the right, but shall not be obligated, to exercise any one or more of the following remedies: (a) Recover the existing amount due from Subscriber and continue to service the system, in which case, Company shall be entitled to recover, in addition, the monthly payments due under the Agreement for said services; or (b) Remove the alarm system upon live (5) days written notice to Subscriber at Subscriber's address listed above, and recover from Subscriber all sums Company may be entitled to under law. In the event of termination of the Agreement or upon expiration of this Agreement, Company shall have the immediate right to remove the equipment which shall not be considered to constitute a breach of this Agreement or a waiver by company of any of its rights. Company shall not be responsible for damage caused to Subscriber's premises by reason of the removal of the alarm system from Subscriber's premises. In the event it shall become necessary for Company to institute legal proceedings to collect the cost of installation of the monthly service charge as set forth herein, then and in such proceedings the unsuccessful parry shall pay to the successful party reasonable attorney's fees where permitted by law. 4. SUBSCRIBER'S DUTIES AS TO USE OF SYSTEM/AUTHORIZED PERSONNEL: The Subscriber shall carefully and properly test and set the alarm system immediately prior to the securing of the premises. It any detect in operation of the system develops, or in the event any interruption at Subscriber's premises, Subscriber shall notify Company immediately. Company shall repair any defective equipment within a reasonable time after receipt of such notice. If space protection is part of said system, Subscriber shall walk test the system each day or at such other time as Subscriber shall close his premises in the manner recommended by Company. Subscriber agrees to furnish Company forthwith a written list of the names, titles, residences, residence phone numbers and signatures of all persons authorized to enter the premises of Subscribers during regularly scheduled closed periods, and/or be notified in the event of an alarm, and with a written daily and holiday opening and closing schedule, including janitor's schedules. All charges, revisions and modifications to the above shall be supplied to Company in writing. 5. COMPANY IS NOT AN INSURER; LIMITATION OF LIABILITY; LIQUIDATED DAMAGES: It is understood and agreed: That the Company is not an insurer; that insurance, it any, shall be obtained by Subscriber; that the payments provided for herein are based solely on the value of the service w set forth herein and are unrelated to the value of the Subscriber's property or the property of others located on Subscriber's premises. Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from a failure to perform any of the obligations herein, or the failure of the system to properly operate with resulting loss to Subscriber because ot, among other things: (a) The uncertain amount of 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 uncenainty of the response time of any police or fire department, should the police or fire department be dispatched as a result of signal being received or an audible device sounding; (c) The inability to ascertain what portion, if any, of any loss would be proximately caused by Company's failure to perform or its equipment to operate. (d) The nature of the service to be performed by Company. Subscriber understands and agrees that if Company should be found liable for loss or damage due from failure of Company to perform any of the obligations herein, including but not limited to installation, maintenance, monitoring or service, or the failure of the system or equipment in any respect whatsoever, Company's liability shall be limited to a sum equal to the total of six (6) monthly payments or Two Hundred Fifty ($250.00) dollars, whichever is the lesser, as liquidated damages and not as a penalty and this liability shall be exclusive, and that the provisions of this Section shall apply it loss or damages, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or nonperformance of the obligations imposed by this contract, or from negligence, active or otherwise, of Company, its agents, assigns, or employees. If subscriber wishes Company to assume a limited liability in lieu of the liquidated damages as hereinabove set forth, Subscriber may obtain from Company a limitation of liability by paying an additional monthly service charge to Company. If Subscriber elects to exercise this option, a rider shall be attached to this agreement setting forth the terms, conditions and the amount of the limited liability, and the additional monthly charge. Such rider and additional obligation shall in no way be interpreted to hold Company as an insurer. 6. COMPANY'S LIABILITY/DISCLAIMER OR WARRANTIES: COMPANY DOES NOT REPRESENT OR WARRANT, THAT THE ALARM SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED: OR THAT THE SYSTEM WILL PREVENT ANY LOSS BY BURGLARY, HOLD-UP, FIRE, OR OTHERWISE: OR THATTHE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. SUBSCRIBER ACKNOW LEDGESAND AGREES: THAT COMPANY HAD MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; NOR HAS SUBSCRIBER RELIED ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED; THAT ANY AFFIRMATION OF FACT OR PROMISE SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY, AND THATTHERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE AGREEMENT HEREOF: THAT COMPANY IS NOT AN INSURER: THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE TO SUBSCRIBER'S PREMISES OR TO THE CONTENTS THEREOF; AND THAT SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREEMENT, PARTICULARLY PARAGRAPHS 5 AND 7, WHICH SET FORTH COMPANY'S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE. PACIFIC ALARM SERVICE, INC By�A�O �t V Dated �O , 20 kl�ai— AP-PAS-121rev.11197) 7. THIRD PARTY INDEMNIFICATION: In the event any person, not a party to this Agreement, shall make any claim or file any lawsuit against Company for any reason relating to Company's duties and obligations pursuant to this Agreement, including but not limited to the design, installation, maintenance, operation, or nonoperation of the alarm system, Subscriber agrees to indemnify, defend and hold Company harmless from any and all claims and lawsuits, including the payment of all damages, expenses, costs, and attorneys' fees, whetherthese claims can be based upon active or passive negligence, or strict or product liability on the part of the Company, its agents, servants or employees. This agreement by Subscriber to indemnity Company against third party claims as hereinabove set forth shall not apply to issues, damages, expenses and liability resulting in injury or death to third persons or injury to property of third persons, which lasses, damages, expenses and liability occur while an employee of Company is on Subscriber's premises and which losses, damages and liability are solely and directly caused by the acts of said employee. 8. RIGHT OF SUBCONTRACTORS: Subscriber acknowledges that this Agreement, and particularly those paragraphs relating to disclaimer of warranties, liquidated damages and third party indemnification, inure to the benefit of and are applicable to any subcontractors employed by Company to provide monitoring, maintenance, installation or service of the alarm system(s) provided herein; and that they bind Subscriber with respect to said subcontractors with the same force and effect as they bind Subscriber to Company. 9. RESPONSE TO ALARMS, POLICE/FIRE DEPARTMENT ALARMS. (a) LOCAL ALARM. Company, upon receipt of information that an audible device is sounding on the premises of Subscriber, will make reasonable efforts to notify Subscriber or his designated representative by telephone of the phone number and address supplied to Company in writing by Subscriber. If Subscriber cannot be reached or does not appear at the above - described premises within thirty (30) minutes from the time Company receives information that the audible device is sounding, or if Company is called upon to turn off any audible alarm at the above address at any time, Subscriber hereby authorized and appoints Company, as its agent, to turn off the said audible device and agrees to hold Company harmless and to indemnify Company from any damage, loss or liability which may result from the turning off of the alarm by Company. (b) CENTRAL OFFICE ALARM. Company or its designee, except where the system terminates as 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, and notify the Subscriber or his designated representative by calling the telephone number supplied to Company in writing by Subscriber, (2) Upon receipt of a hold-up alarm signal, transmit the alarm to the public police department. (3) Upon receipt of a sprinkler signal, water flow signal, manual or automatic fire alarm signal, transmit the alarm to the public fire department and notify Subscriber or his designated representative by calling the telephone number supplied to Company in writing by Subscriber. (4) Upon receipt of a monitor signal, notify Subscriber or his designated representative by calling the telephone number supplied to Company in writing by Subscriber. (c) POLICE/FIRE DEPARTMENT CONNECTED ALARMS: Subscriber acknowledges that if the signals transmitted from Subscriber's premises will be monitored in municipal police and/ or fire departments or other locations, that the personnel of such municipal police and/or fire department or other location are not the agents of Company, nor does the Company assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. (d) TELEPHONE LINES: Subscriber shall pay all charges made by any telephone company or other utility for installation, leasing and service charges of telephone lines connecting Subscriber's protected premises to Company's Central Station when a digital communicator, voice communicator, or direct line is installed or when the signals are transmitted to any municipal police or fire department. Subscriber acknowledges that if Company utilizes a digital or voice communicator for the purposes of transmitting alarm signals from Subscriber's premises to Company's Central Station, that the signals from Subscriber's alarm system are transmitted over Subscriber's regular telephone service to Company's Central Station, and in the event Subscriber's telephone service is out of order, disconnected, placed on vacation or otherwise interrupted, signals from Subscriber's alarm system will not be received in Company's Central Station during any such interruption in telephone service and the interruption will not be known to Company. Subscriber further acknowledges and agrees that signals are transmitted over telephone company lines which are wholly beyond the control and jurisdiction of Company and are maintained and serviced by the applicable telephone company or utility. 10. FALSE ALARMS. In the event an excessive number of false alarms are caused by Subscriber's carelessness, malicious action, or accidental use of the alarm system, or in the event Subscriber in any manner misuses or abuses the system, Company may in its sole discretion deem same to be a material breach of contract on the part of Subscriber and, at its option, in addition to all other legal remedies set forth below, be excused from further performance, upon the giving of ten (10) days written notice to Subscriber. Company's excuse from performance shall not effect its rights to recover damages from Subscriber. In the event a fine, penalty or fee is assessed against Company by any governmental or municipal agency as a result of any alarm originating from Subscriber's premises, Subscriber agrees to forthwith reimburse Company from same. In the event Company dispatches an agent to respond to an alarm originating from Subscriber's premises, where Subscriber intentionally, accidentally or negligently has activated the alarm signal, no alarm condition exists, or if Company makes any service call caused by the Inadvertence or negligence of Subscriber, Subscriber shall pay to Company the sum of Sixty seven dollars and fifty cents ($67.50) for each such service call. Subscriber represents that 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 Company and which may cause the. alarm to activate. Any and all such alarms which may occur, shall not be constituted as improper operation of the equipment norm malfunction thereof, or shall any or all of such alarms excuse any of the obligations of Subscriber as set forth In this Agreement. Subscriber shall pay for all false alarm charges, fees and fines. 11. SUSPENSION OR CANCELLATION OF THIS SYSTEM: This Agreement maybe suspended or cancelled, without notice at the option of Company, If Company's or Subscriber's premises or equipment is destroyed by fire or other catastrophe, or so substantially damaged it Is impractical to continue service, or in the event Company is unable to render service as a result of any action by any government authority. 12. CHANGE OF OWNERSHIP OF SUBSCRIBER'S PREMISES: Subscriber acknowledges that the sale or transfer of subscriber's premises shall not relieve Subscriber of his duties and obligations under this agreement. Subscriber may not assign or otherwise transfer this Agreement without the written consent of Company. 13. CHANGE TO THE SYSTEM; COST OF REPAIRS; ADDITIONAL PROTECTION; RISK OF LOSS: The Cost of any changes and variances In the system, as herein contracted for or as originally installed, made at the request of or made necessary or required by Subscriber's action, or which may be demanded by any governmental agency or insurance interests or inspection and rating bureau, are to be borne by Subscriber. SUBSCRIBER ACKNOWLEDGES THAT SUBSCRIBER HAS CHOSEN THE SYSTEM AND THATADDITIONAL PROTECTION IS AVAILABLE AND MAYBE OBTAINED FROM COMPANY OVER AND ABOVE THAT PROVIDED HEREIN, AT AN ADDITIONAL COST TO SUBSCRIBER. All risk of loss or damage to the system shall be borne exclusively by Subscriber whose obligations hereunder shall not be diminished by any such loss or damage. 14. ASSIGNABILITY OF AGREEMENT: This Agreement shall not be assigned by either party, except that it shall be binding upon and inure to the benefit of any corporation, partnership, association, or other entity with which the Company may be merged or consolidated or which may succeed to the assets and principal activities of the Company, or which by reason of geographical servicing necessitates assignment. 15. INTEGRATION, WAIVER AND PARTIAL INVALIDITY: This Agreement contains the entire agreement between the parties and supersedes all prior oral and written agreements, understandings, commitments, and practices between the parties. No amendment maybe made except by a writing signed by both parties. No waiver by the Company of any term, provision or condition of this Agreement, whether by conduct or otherwise, in anyone or more instances, shall be deemed to be consumed as a further or continuing waiver by the Company of any such term, provision or condition of this Agreement. 16. SUMMARY OF COMPANY'LIABILITY: Company does not represent orwarrant, either expressly or impliedly, that the alarm system may not be compromised or circumvented; that the system will prevent any loss by burglary, robbery, fire or otherwise; or that the system will In all cases provide the protection for which it is Installed or intended. Subscriber acknowledges that Company is not an Insurer, that Subscriber assumes all risk for loss or damages to Subscriber's premises or to Its contents; that Company has made no representations or warranties, either expressed or implied, nor has Subscriber relied on any representations or warranties, expressed or implied, except as set forth herein, and Subscriber acknowledges that he has read and understands this entire Agreement, and particularly Section, 5, 6 and 7 of this Agreement which sets forth the Co `me�JPV�'MJn/y s obligation and maximum liability in the event of any loss or damage to Subscriber. f/ BY PLACING HIS INITIALS BESIDE THIS CLAUSE, SUBSCRIBERACKNOWLEDGES THAT HE HAS READ THIS PAGEAND DISCUSSED THIS PROVISION REGARDING it s LIQUIDATED DAMAGES AND LIMITATION OF LIABILITY WITH COMPANY'S AGENT AND HAS AGREED TO THE AMOUNT SET FORTH HEREIN." :14Ng19P]YKe7�/1.Y11-SXNa1.17:1SN 4UPfItIq�Ze74.Y:14Ng1'l[elf_[He]�Le]i171FLSH:IggJilggfit RESIDENTIAL ALARM SYSTEMS. Initials YOU, THE SUBSCRIBER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. MAIL OR DELIVER WRITTEN NOTICE OF CANCELLATION TO PACIFIC ALARM SERVICE, INC. 521 WELLWOOD AVE., BEAUMONT, CA 92223