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DocuSign Envelope ID:AA9CA136-3D94-47B1-93F8-5FC9F527B627
<br /> A7.If any of Subscriber's employees,guests,relatives,invitees,or insurers,or any other person or entity connected to Subscriber,or any person or entity who
<br /> seeks to assert rights they claim are derived from Subscriber's relationship with Alarm.com,attempts to hold Alarm.com responsible for any harm,damages,
<br /> injury or loss(including property damage, personal injury or death)connected with or resulting from any alleged(a)failure of the Services, Materials or
<br /> Equipment,(b)negligence(including gross negligence),(c)improper or careless activity of Alarm.com,or(d)claim for indemnification or contribution,then
<br /> Subscriber will repay to Alarm.com(i)any amount that Alarm.com is required to pay or that Alarm.com agrees to pay in settlement of the claim,and(ii)the
<br /> amount of Alarm.com's reasonable attorney's fees and any other losses and costs that Alarm.com may incur in connection with the harm,damages,injury or loss.
<br /> A8.Subscriber understands and agrees that these Alarm.com Terms,and particularly Sections A4,A5,A6,A7,and A8,shall(a)apply to and protect the
<br /> employees,officers,shareholders,parent companies,directors,agents,licensors,representatives,subcontractors,affiliates and assignees of Alarm.com,and
<br /> (b)be binding on Subscriber's heirs,administrators,custodians,trustees,agents and successors.
<br /> A9.TO THE EXTENT PERMITTED BY LAW,SUBSCRIBER AGREES THAT NO LAWSUIT OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH THE
<br /> SERVICES OR EQUIPMENT SHALL BE BROUGHT OR FILED BY SUBSCRIBER MORE THAN ONE(1)YEAR AFTER THE INCIDENT GIVING RISE TO THE
<br /> CLAIM OCCURRED. IN ADDITION,TO THE EXTENT PERMITTED BY LAW,ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JURY,
<br /> AND EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL.TO THE EXTENT PERMITTED BY LAW,SUBSCRIBER AGREES THAT SUBSCRIBER WILL
<br /> NOT BRING ANY CLASS ACTION LAWSUIT AGAINST ALARM.COM OR BE A REPRESENTATIVE PLAINTIFF OR PLAINTIFF CLASS MEMBER IN ANY
<br /> SUCH LAWSUIT.
<br /> A10.These Alarm.com Terms shall be governed by the law of the State of Delaware,without giving effect to its rules of conflict of laws. If Subscriber is a resident
<br /> or business located in the State of California,the following applies: If either Subscriber or Alarm.com commences a lawsuit for a dispute arising under or related
<br /> to these Alarm.com Terms or in any way relating to the Services,such suit shall be submitted to general judicial reference in Los Angeles,California pursuant to
<br /> California Code of Civil Procedure section 638 et seq.and 641 through 645.1 or any successor statutes thereto.
<br /> All. If any provision of these Alarm.com Terms or the application of any such provision to any person,entity or circumstance shall be held invalid,illegal,or
<br /> unenforceable in any respect,such invalidity, illegality,or unenforceability shall not affect any other provision of these Alarm.com Terms.The parties intend that
<br /> all disclaimers of warranties,limitations of liability,and exclusions of damages in these Alarm.com Terms shall be upheld and applied to the maximum extent
<br /> permitted by law.Alarm.com is an intended third-party beneficiary of these Alarm.com Terms and shall have the right to enforce and/or otherwise invoke any and
<br /> all provisions set forth in any of these Alarm.com Terms directly.The words"include,""includes"and"including"shall be deemed to be followed by the phrase
<br /> "without limitation."
<br /> Al2.SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT SUBSCRIBER HAS NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE
<br /> UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT SUBSCRIBER IS NOT A THIRD PARTY
<br /> BENEFICIARY OF ANY AGREEMENT BETWEEN ALARM.COM AND THE UNDERLYING CARRIER. IN ADDITION,SUBSCRIBER ACKNOWLEDGES AND
<br /> AGREES THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL,EQUITABLE,OR OTHER LIABILITY
<br /> OF ANY KIND TO SUBSCRIBER,AND SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS THEREFOR.
<br /> EXHIBIT A
<br /> ALARM PERMITS
<br /> Is a Permit required?
<br /> The City where the monitored premises are located(the"City")does not currently require an alarm permit(the"Permit").
<br /> Is there a fee for the Permit?
<br /> X The City does not currently charge an annual fee for the Permit("Permit Fee").
<br /> _The City charges a Permit Fee,which,as of the date of this Agreement,is.
<br /> Who obtains the permit?
<br /> _Based on City requirements,Subscriber is responsible for obtaining the Permit(and any necessary renewals)directly from the City.Subscriber will pay any
<br /> Permit Fee directly to the City.
<br /> _ADT shall obtain the initial Permit for Subscriber.Any initial Permit Fee will be invoiced to Subscriber together with the fees set forth in Section 7 of this
<br /> Appendix. So long as,at the time of expiration of the current permit,the monitoring services remain in place,ADT shall obtain any renewals and invoice
<br /> Subscriber for the cost of such Permit Fees(due upon receipt).
<br /> _The City requires that ADT obtain the initial Permit for Subscriber. ADT will obtain the Permit,and ADT will invoice Subscriber for any Permit Fee(due upon
<br /> receipt).So long as,at the time of expiration of the current permit,the monitoring services remain in place,ADT will also obtain any renewals.Again,ADT will
<br /> invoice Client for the Permit Fees(due upon receipt).
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