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DocuSign Envelope ID:AA9CA136-3D94-47B1-93F8-5FC9F527B627
<br /> radio/cellular.
<br /> 3.Term.The initial term of this Appendix shall be for Sixty(60)Months(the"Initial Term"). The Initial Term shall begin on the date all equipment is installed and
<br /> is operational,and when any necessary communications connection is completed.NOTE: Payment of all charges for installation and equipment is a
<br /> precondition to the activation of the equipment and any recurring services the Subscriber has selected.
<br /> 4.Auto Renew.Upon the expiration of the Initial Term,all monitoring services shall automatically renew for successive terms of one(1)year each(each,a
<br /> "Renewal Term"); provided that the Subscriber may,by providing written notice to ADT no less than thirty(30)(and no more than sixty(60))days prior to the date
<br /> of such auto renewal,cancel such auto renewal with respect to monitoring services.
<br /> 5.Pricing Change.ADT may increase the monitoring charges(for any or all locations covered by this Agreement)after the first year of the Initial Term for each
<br /> such location(but no more than once in any twelve(12)month period)by giving Subscriber thirty(30)days prior written notice.
<br /> 6.Early Termination.In the event that the Subscriber terminates any monitoring services during the Initial Term or during a Renewal Term,Subscriber shall pay
<br /> to ADT,in addition to all other charges due prior to termination,the charges remaining to be paid for the unexpired portion of the Initial Term or Renewal Term
<br /> (as the case may be)for such monitoring services.Subscriber acknowledges and agrees that this amount is an agreed upon early termination charge in the
<br /> nature of liquidated damages,and is not a penalty.
<br /> 7.Notification Services;Information Required from Subscriber.a)The Subscriber shall furnish to ADT and supplement and update Exhibit B,including a
<br /> complete and accurate list of names and telephone numbers of all persons to be contacted by ADT in the event of an alarm(the"Call List"). ADT shall be entitled
<br /> to rely in full upon all information in the most recent signed and dated Call List received from Subscriber,regardless of any earlier or later Call List or other
<br /> information provided. In order to modify the Call List,Subscriber shall complete,sign,date,and submit to the ADT a new Call List.ADT will not rely on any
<br /> unsigned Call List or any alarm monitoring information not contained on a signed,dated Call List.Additional fees apply for the following services: any changes to
<br /> the Call List,system code changes and any special reports requested by Subscriber.
<br /> b)Upon receipt of an alarm signal from Subscriber,ADT shall promptly notify the person(s)or entity(ies)identified on the Call List.Notification of Police(PD),
<br /> Fire(FD),the alarm location(LOC),Guard Service(FR),and/or Subscriber's designated Responsible Party(ies)shall proceed in the order indicated on the Call
<br /> List.Where"RP"is designated,ADT shall call the Responsible Parties identified on the Call List,proceeding in the order listed until a Responsible Party
<br /> responds with the correct Pass Code. If no Responsible Party answers,the"RP"notification shall be deemed complete when ADT has called each phone
<br /> number listed on the Call List. It is expressly agreed that ADT is entitled to rely on any direction provided by a Responsible Party who provides a correct Pass
<br /> Code,including a direction to discontinue further notifications.ADT shall be deemed to have fully discharged any duty to the Subscriber under the Agreement
<br /> when it has completed all notifications indicated in the Codes and Procedures.All notifications shall be by telephone using the phone number(s)listed unless
<br /> otherwise indicated on the Call List. Local governmental regulations and industry standards designed to reduce false alarms may result in conditions or
<br /> restrictions on the dispatch of emergency response providers in response to an alarm,and such conditions or restrictions may result in delays of notification of
<br /> authorities or require that additional measures be taken to verify the alarm before dispatch.We do not guarantee that such additional measures will be
<br /> successful or that emergency response providers will be dispatched should an alarm occur.
<br /> 8.Subscriber's Alarm Equipment.The Subscriber shall be solely responsible for the testing of all alarm equipment utilized on the Subscriber's premises and
<br /> agrees that such equipment shall be maintained,operated,and tested regularly and in accordance with the manufacturer's recommendations.ADT's obligations
<br /> under the Agreement exclude any testing,operation,or maintenance of Subscriber's equipment or systems.The Subscriber shall not maintain or use any
<br /> devices that interfere with the effectiveness and/or functioning of the alarm system. Under no circumstances shall ADT be responsible or liable for the
<br /> performance of any alarm equipment on the Subscriber's premises.
<br /> 9.Limitation of Services.The services described herein are only deterrents and notifications.ADT does not guarantee that such deterrents will prevent theft,
<br /> loss or damage.The Subscriber acknowledges that no representations have been made concerning the services to be rendered other than as specified in the
<br /> Agreement. TO THE EXTENT PERMITTED BY APPLICABLE LAW,ADT MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY MATTER
<br /> WHATSOEVER,INCLUDING WITHOUT LIMITATION,THE CONDITION OF THE SYSTEM,ITS MERCHANTABILITY OR ITS FITNESS FOR ANY
<br /> PARTICULAR PURPOSE.ADT NEITHER REPRESENTS NOR WARRANTS:THAT THE SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED;
<br /> THAT THE SYSTEM WAS DESIGNED TO OR WILL PREVENT ANY LOSS BY BURGLARY,HOLD UP, FIRE,PHYSICAL INJURY,MEDICAL CONDITION
<br /> OR ILLNESS,OR OTHERWISE; OR THAT THE SYSTEM WILL PROVIDE THE DETECTION OR RESPONSE FOR WHICH IT IS INTENDED.SUBSCRIBER
<br /> AGREES:THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY ADT SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY;
<br /> SUBSCRIBER REPRESENTS THAT SUBSCRIBER HAS NOT RELIED ON ANY STATEMENT,REPRESENTATION,ACTION,OR OTHER CONDUCT BY AD
<br /> IN ELECTING TO ENTER INTO THIS AGREEMENT OR THAT,ABSENT SUCH REPRESENTATION,SUBSCRIBER WOULD NOT HAVE ENTERED INTO
<br /> THIS AGREEMENT.SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,SO THE ABOVE LIMITATIONS MA
<br /> NOT APPLY TO SUBSCRIBER.THIS AGREEMENT GIVES SUBSCRIBER SPECIFIC LEGAL RIGHTS,AND SUBSCRIBER MAY ALSO HAVE OTHER
<br /> RIGHTS WHICH VARY FROM STATE TO STATE.
<br /> 10.Notification of Authorities.Upon receipt of an alarm signal from Subscriber,ADT shall notify persons and entities specified on the Call List,and further
<br /> may, but shall have no obligation to,notify police,fire,or other authorities not listed on Call List.Subscriber shall promptly pay any costs,fees,fines or charges
<br /> by any government or emergency response entity,including"false alarm"or similar,in connection with any notification of an alarm regardless of whether such
<br /> government/entity is specified in the Codes and Procedures or the Call List.ADT may invoice Subscriber for such costs,fees,fines or charges.Certain cities
<br /> have policies that require alarm verification prior to dispatching emergency services.Subscriber is to inquire with the applicable municipality about any such
<br /> verification requirements and what steps,if any,must be taken in the event of an alarm. NOTE: In jurisdictions where required,a Direct Connection to the
<br /> Municipal Police, Fire Department or other Agency shown shall be provided. In addition,certain states require alarm verification before ADT can contact a law
<br /> enforcement agency for alarm dispatch.Subscriber understands and agrees that signals transmitted hereunder will be monitored in Municipal Police and/or Fire
<br /> Departments or other locations and that the personnel of such Municipal Police and/or Fire Departments or other locations are not the agents of ADT,nor does
<br /> ADT assume any responsibility for the manner in which such signals are monitored or the response,if any,to such signals. In certain states,Subscribers using
<br /> the protected premise to store firearms or ammunition and which hold a valid federal firearms license as a manufacturer,importer,or dealer of firearms
<br /> ammunition may opt out of the alarm verification process by contacting ADT.
<br /> 11.Payments.Upon entering into the Agreement,Subscriber shall pay the amounts set forth in the Proposal for setup of the monitored alarm account,alarm
<br /> monitoring fees(billable in advance),and any permit fees specified on Exhibit A.Subscriber shall be responsible for and shall reimburse ADT for all taxes,
<br /> permits,fees,and fines,arising out of the monitoring services,including but not limited to(i)any costs,fees,fines or charges referenced in Section 10 hereof and
<br /> (ii)any permit fees set forth on Exhibit A hereof,and/or(iii)any taxes imposed by any governmental agency.
<br /> 12.Communications Media: Limitations.Subscriber recognizes that the alarm signals and communications contemplated under this Appendix are transmitted
<br /> over telephone or other cable lines,internet protocol,or by radio/cellular,and the maintenance and performance of such lines, networks,or radio/cellular
<br /> systems are beyond the control of ADT. Under no circumstances shall ADT be responsible or liable for any failure of performance or malfunction due to
<br /> ineffective transmission through lines under the control of third parties,including but not limited to telephone companies,cable companies,other utilities,or due
<br /> to malfunctioning radio systems.
<br /> 13.Waiver of Consequential Damages; Limitation of Liability.IN NO EVENT WILL ADT BE LIABLE FOR ANY SPECIAL,INCIDENTAL,INDIRECT OR
<br /> CONSEQUENTIAL DAMAGES HOWEVER CAUSED.SOME STATES DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF INCIDENTAL OR
<br /> CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES,SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.SUBSCRIBER
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