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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) By subscribing to receive alarm monitoring services from ADT, Subscriber agrees to
<br />receive text notifications on his or her mobile device via ADT’s Smart Alerts notification system subject to the Smart Alerts Terms of Service. Subscriber
<br />understands and agrees that additional fees may apply should Subscriber opt out of the Smart Alerts text notification service.
<br />b)The Subscriber shall furnish to ADT and supplement and update Exhibit B, including a complete and accurate list of names and telephone numbers of all
<br />persons to be contacted by ADT in the event of an alarm (the “Notify List”). ADT shall be entitled to rely in full upon all information in the most recent signed and
<br />dated Notify List received from Subscriber, regardless of any earlier or later Notify List or other information provided. In order to modify the Notify List, Subscriber
<br />shall use the self-service customer portal to make any updates. Additional fees may apply for the following services: any changes to the Notify List made by ADT
<br />on behalf of Subscriber, system code changes and any special reports requested by Subscriber.
<br />c) Upon receipt of an alarm signal from Subscriber, ADT shall promptly notify the person(s) or entity(ies) identified on the Notify 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 Notify
<br />List. Where “RP” is designated, ADT shall notify the Responsible Parties identified on the Notify List, proceeding in the order listed until a Responsible Party
<br />responds with the correct Pass Code. If no Responsible Party responds, the “RP” notification shall be deemed complete when ADT has contacted each phone
<br />number listed on the Notify 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 Notify 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 Notify List, and further
<br />may, but shall have no obligation to, notify police, fire, or other authorities not listed on Notify 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 Notify 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 />DocuSign Envelope ID: 901A240E-2C5B-47E4-916F-04BCE416D58B
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