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DocuSign Envelope ID:AA9CA136-3D94-47B1-93F8-5FC9F527B627
<br /> AGREES TO FILE ANY LAWSUIT OR OTHER ACTION SUBSCRIBER MAY HAVE AGAINST ADT OR ADT'S ASSIGNEES,AGENTS,EMPLOYEES,
<br /> SUBCONTRACTORS,SUBSIDIARIES,AFFILIATES OR PARENT COMPANIES WITHIN ONE(1)YEAR FROM THE DATE OF THE EVENT THAT CAUSED
<br /> THE CLAIM, LOSS, DAMAGE OR LIABILITY.THE LIMITATION OF LIABILITY AS HEREIN SET FORTH IS KNOWINGLY FIXED BY THE PARTIES HERETO
<br /> AS LIQUIDATED DAMAGE AND NOT AS A PENALTY.IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE SERVICES PROVIDED UNDER THIS
<br /> APPENDIX ARE SOLELY FOR SUBSCRIBER'S CONVENIENCE,AND ADT IS NOT AN INSURER OF SUBSCRIBER'S SECURITY OR ALARM SYSTEMS
<br /> OR OF ANY FAILURE TO REPORT AN ALARM.SUBSCRIBER SHALL SEPARATELY OBTAIN ANY INSURANCE IT MAY DESIRE AGAINST SUCH RISKS.
<br /> THE PRICING CONTEMPLATED IN THE AGREEMENT IS BASED ON ADT'S COST OF PROVIDING THE SERVICES AND DOES NOT TAKE INTO
<br /> ACCOUNT ANY ASSUMPTION OF RISK OR RESPONSIBILITY BEYOND THE LIMITATIONS AGREED HEREIN.THE AGREED PRICING IS NOT
<br /> SUFFICIENT TO WARRANT THE ASSUMPTION OF ANY RISK OF CONSEQUENTIAL OR OTHER DAMAGES TO THE SUBSCRIBER DUE TO ANY
<br /> FAILURE TO PERFORM,FAILURE OF ANY EQUIPMENT OR SYSTEMS,FAILURE OF ANY ALARM TO BE RECEIVED BY ADT FROM THE SUBSCRIBER,
<br /> OR BECAUSE OF ANY DELAY IN OR FAILURE OF ADT TO DISPATCH PUBLIC AUTHORITIES,FIRE,POLICE,OR OTHERS TO INVESTIGATE OR
<br /> RESPOND TO AN ALARM.SUBSCRIBER SPECIFICALLY AGREES THAT ADT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF
<br /> ANY ACTUAL OR ALLEGED FAILURE TO DETECT,REPORT,PREVENT,OR MITIGATE ANY EVENT WHICH HAS,MAY,OR SHOULD RESULT IN AN
<br /> ALARM.ADT'S LIABILITY UNDER THIS APPENDIX,WHETHER BASED IN CONTRACT,TORT OR ANY OTHER THEORY OF RECOVERY,SHALL NOT
<br /> EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY SUBSCRIBER TO ADT UNDER THE AGREEMENT. THIS SUM SHALL BE SUBSCRIBER'S
<br /> EXCLUSIVE REMEDY AND THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL LOSS,DAMAGE,INJURY OR DEATH,IRRESPECTIVE OF
<br /> CAUSE OR ORIGIN, RESULTING DIRECTLY OR INDIRECTLY TO PERSONS OR PROPERTY,FROM THE PERFORMANCE OR NONPERFORMANCE OF
<br /> THE OBLIGATIONS IMPOSED BY THIS AGREEMENT,OR,TO THE EXTENT PERMITTED BY APPLICABLE LAW,FROM THE NEGLIGENCE,ACTIVE OR
<br /> OTHERWISE,OF ADT,ADT'S ASSIGNEES,AGENTS,EMPLOYEES,SUBCONTRACTORS,SUBSIDIARIES,AFFILIATES OR PARENT COMPANIES.
<br /> SUBSCRIBER ACKNOWLEDGES AND AGREES THAT IN THE EVENT OF ANY EXPIRATION OR EARLY TERMINATION OF THIS AGREEMENT FOR ANY
<br /> REASON WHATSOEVER,ALL OF THE PROVISIONS,LIMITATIONS AND DISCLAIMERS HEREIN RELATING TO ADT LIABILITIES SHALL SUR VIVE
<br /> SUCH EXPIRATION OR EARLY TERMINATION.IF SUBSCRIBER WISHES ADT TO ASSUME A GREATER DOLLAR LIABILITY THAN PROVIDED FOR IN
<br /> THIS AGREEMENT,SUBSCRIBER MAY OBTAIN FROM ADT A HIGHER LIMIT BY PAYING A HIGHER MONITORING CHARGE TO ADT.IF SUBSCRIBER
<br /> ELECTS TO EXERCISE THIS OPTION,A RIDER SHALL BE ATTACHED TO THIS AGREEMENT,SETTING FORTH SUCH HIGHER LIMIT AND
<br /> ADDITIONAL COST,BUT SUCH RIDER SHALL IN NO WAY BE INTERPRETED TO HOLD ADT LIABLE IN EXCESS OF SUCH PROVISIONS.
<br /> 14.Events Beyond ADT's Control.Communication lines,cable,telephone lines,internet connections/protocols,radio/cellular systems or equipment and
<br /> instruments used by ADT in the performance of its services may be destroyed or substantially damaged by fire or other catastrophes and ADT may be unable to
<br /> secure or retain connections or privileges necessary for the transmission of signals between or among the alarm location,the ADT's facilities,any central
<br /> monitoring station,Call List designees,police or fire dispatch centers having jurisdiction over the alarms,or other parties,all of which events are beyond ADT's
<br /> control. ADT shall have no liability for events beyond its control.Should conditions beyond ADT's control,including but not limited to strike,flood,riot,fire,
<br /> explosion,war,conflict,line damage,antenna failure,communications network failure,or other causes beyond the reasonable control of the ADT, hinder or
<br /> prevent the performance of ADT's services,then ADT(upon learning of the issue)will notify the Subscriber as soon as is reasonably practical of the nature and
<br /> extent thereof and the approximate anticipated duration. Upon such notification either party shall have the following options:(a)to proceed under this Appendix;
<br /> or(b)to terminate this Agreement. If the Agreement is terminated,the Subscriber shall pay to ADT all fees and charges through the date of termination and the
<br /> ADT shall refund any prepaid amount through the date of termination.,less any equipment charges still due for ADT owned equipment. Upon such payment,the
<br /> contractual relationship between the parties shall terminate.
<br /> 15.Indemnity.SUBSCRIBER SHALL RELEASE,DEFEND,INDEMNIFY AND HOLD HARMLESS ADT FROM AND AGAINST ALL CLAIMS,INCLUDING
<br /> THIRD PARTY CLAIMS,LIABILITIES AND DAMAGES(INCLUDING WITHOUT LIMITATION EXPENSES,COSTS AND ATTORNEYS'FEES)RELATING TO
<br /> THE DESIGN,INSTALLATION,PERFORMANCE OR OPERATION OF THE SYSTEM,THE MONITORING OF THE SYSTEM,AND ANY RISKS,LOSSES,
<br /> DAMAGES,INJURIES,DEATH OR OTHER EFFECTS OF ANY HAZARD OR EVENT THAT OCCURS AT OR AROUND THE PREMISES,INCLUDING,BUT
<br /> NOT LIMITED TO,SUCH CLAIMS OR LIABILITIES THAT ARE BASED UPON THE NEGLIGENCE,BREACH OF CONTRACT,BREACH OF WARRANTY,
<br /> AND/OR STRICT LIABILITY BY ADT,OUR ASSIGNEES,AGENTS,EMPLOYEES,SUBCONTRACTORS,SUBSIDIARIES,AFFILIATES OR PARENT
<br /> COMPANIES.SUBSCRIBER'S INDEMNIFICATION OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THIS AGREEMENT
<br /> FOR ANY REASON WHATSOEVER.
<br /> 16.Integration.The terms and conditions stated herein constitute the final complete agreement between the Subscriber and ADT with respect to monitoring
<br /> services.This Agreement may not be modified in any respect except by a subsequent writing executed by the Subscriber and ADT.
<br /> 17.Subcontracting;Assignment.Neither party may assign the Agreement without the express prior written consent of both parties. ADT may, in ADT's sole
<br /> discretion and without notice to Subscriber or any other person,provide to any actual or prospective assignee,purchaser,transferee,or participant,any
<br /> information that ADT have or know pertaining to this Agreement.Subscriber acknowledges that this Agreement and particularly those paragraphs relating to
<br /> ADT's disclaimer of warranties and limited liability and third party indemnification,inure to the benefit of,and are applicable to,any assignees and subcontractors
<br /> with the same force and effect as they bind Subscriber to ADT.Subscriber further acknowledges that any assignees of this Agreement shall not be responsible
<br /> for claims,liabilities,or damages which accrued prior to the date of assignment.
<br /> 18.Governing Law.This Appendix shall be interpreted and construed in accordance with the laws of the State where the monitored premises are located.
<br /> 19.Attorneys'Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement or the collection of any sums due hereunder,the
<br /> prevailing party shall be entitled to recover reasonable attorneys'fees and costs incurred in such action or proceeding,or on any appeal there from.
<br /> 20.Notices.Notices,other than fee adjustments,shall be deemed given when delivered in person,delivered via reputable overnight courier service(such as
<br /> FedEx or UPS)or delivered by USPS certified mail,return receipt requested,addressed to the parties at the addresses set forth in the Proposal.All changes of
<br /> address must be in writing and delivered as provided in this Section.
<br /> 21.Survival.The provisions of this Appendix pertaining to consequential damages, liability limitation,events beyond ADT's control,termination,indemnity,
<br /> integration,and severability shall survive any termination or expiration of the Agreement.
<br /> 22.Severability.If any provision in this Appendix is held to be invalid or unenforceable,such provision will be enforced to the maximum possible extent,and all
<br /> other provisions will remain valid and enforceable.
<br /> 23.Waiver of Jury Trial.Each party hereby waives any right to trial by jury in any suit,action or other legal proceeding brought by either party.
<br /> The following provisions apply to monitoring systems that include Mobile Control by Alarm.com.
<br /> Subscriber acknowledges that(i)it has read and accepted the Alarm.com terms below,and(ii)Subscriber must activate its Alarm.com account online pursuant
<br /> to the instructions given to Subscriber by Alarm.com,and until Subscriber so activates its Alarm.com account,Subscriber will only have Alarm.com Signal
<br /> Forwarding services and NOT Mobile Control services,which means,among other things,that Subscriber will not have the enhanced Mobile Control service,
<br /> which means,among other things,that Subscriber will not have the enhanced Mobile Control service known as"Entry Delay Crash and Smash,"which makes it
<br /> difficult for an intruder to disarm Subscriber's panel upon entry into your premises. In addition,once Subscriber's Alarm.com account is activated, in order to
<br /> maintain the enhanced Mobile Control services,Subscriber must arm/set its alarm system at least once every 30 calendar days. If Subscriber fails to arm/set its
<br /> alarm system at least once every 30 days,then Subscriber will automatically and without further notice only have Alarm.com Signal Forwarding services going
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