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environment.
<br />k. Disaster Recovery
<br />
<br />In the event that Icon experiences a significant problem with data monitoring or smart building analytics that results in or is expected to
<br />result in the loss of service for in excess of 5 working days, Icon may transfer the data monitoring service and smart building analytics to an
<br />alternative hosting environment. In the event that Icon transfers the service to an alternative hosting environment, Customer acknowledges
<br />that the following may occur: There may be a loss of data imported to Icon after the last database backup was taken; data monitoring and
<br />smart building analytics may be provided by a different IP address; the IP address registered against the domain name may be changed.
<br />l. Privacy
<br />
<br />Icon will make commercially reasonable efforts to ensure that data and other parameters are not visible or accessed by other customers.
<br />Customer acknowledges that the very nature of communication via the internet restricts Icon from offering any guarantee to the privacy or
<br />confidentiality of information relating to Customer passing over the internet. In gaining access via the internet, Customer also
<br />acknowledges and accepts that electronic communication may not be free from interference by unauthorized persons and may not remain
<br />confidential. Customer therefore accepts that access and storage of data is at its own risk. Customer shall immediately report any breach in
<br />privacy to Icon.
<br />m. Intellectual Property
<br />
<br />Icon retains and reserves all rights, title and interest in and to its intellectual property, including without limitation all Icon software,
<br />algorithms, materials, formats, interfaces and proprietary information and technology, and all other Icon products, data monitoring and
<br />smart building analytics, and including all copyright, trade secret, patent, trademark and other intellectual property rights related to the
<br />foregoing. No rights are granted to the Customer hereunder with respect to the data monitoring subscription or otherwise, other than as
<br />expressly set forth herein.
<br />n. Indemnification
<br />
<br />Customer shall indemnify and hold Icon harmless from and against any loss, damage, cost (including the cost of any settlement), expense
<br />or any liability suffered or incurred by Icon arising from or in connection Icon's possession or use of data, information or articles supplied by
<br />Customer to Icon, including the infringement of any intellectual property rights resulting from the use or possession by Icon of data,
<br />information or articles supplied by Customer to Icon.
<br />o. Cyber Security
<br />Icon is not responsible for protecting against cyber security breaches to any security system, either installed or serviced by Icon, even if
<br />any such breach is transacted through Icon supplied equipment. It is the Customer’s responsibility to take the necessary precautions to
<br />protect the system and/or the server/computer/head-end from viruses, worms, Trojan horses, and other harmful or destructive content. Icon
<br />disclaims any responsibility for any harm resulting from the use by unauthorized visitors to the Customer’s system, or from any downloading
<br />by those unauthorized visitors.
<br />p. Icon Not An Insurer
<br />The amounts Icon charges a Customer are not insurance premiums. Such charges are based upon the value of the services, system and
<br />equipment provided and are unrelated to the value of Customer’s property, the property of others located in Customer’s premises, or any
<br />risk of loss on Customer’s premises.
<br />Icon's services, systems and equipment do not cause and cannot eliminate occurrences of the events they are intended to detect or avert.
<br />ICONMAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
<br />PARTICULAR PURPOSE, THAT THE SERVICES, SYSTEM OR EQUIPMENT SUPPLIED WILL DETECT OR AVERT SUCH EVENTS OR
<br />THE CONSEQUENCES THEREFROM. Accordingly, Icon does not undertake any risk that Customer's person or property, or the person or
<br />property of others, may be subject to injury or loss if such an event occurs. The allocation of such risk remains with Customer, not Icon.
<br />Insurance, if any, covering such risk shall be obtained by Customer. Icon shall have no liability for loss, damage or injury due directly or
<br />indirectly to events, or the consequences therefrom, which the system or services are intended to detect or avert. Customer shall look
<br />exclusively to its insurer and not to Icon to pay Customer in the event of any such loss, damage or injury. Customer releases and waives
<br />for self and its insurer all subrogation and other rights to recover from Icon arising as a result of paying any claim for loss, damage or injury
<br />of Customer or another person.
<br />q. Compatibility Issues
<br />If the Customer is receiving security services or intelligent services via a connection, Icon may assess additional charges, if unable to
<br />connect to the Customer’s network or if any additional equipment is required to facilitate connectivity between the network and the
<br />equipment.
<br />r. Runaway Signals
<br />In the event that a Customer’s access control system is producing excessive false or “runaway” signals, the Customer will be notified of the
<br />situation. Any additional labor or equipment costs incurred as a result of a Customer’s system producing excessive or “runaway” signals
<br />may be billed to the Customer. Icon reserves the right to isolate and cease communication of any remote location in the event that location
<br />is interrupting the ability for Icon to conduct regular business.
<br />s. False Alarms
<br />Icon is not responsible for fines resulting from false alarms, and any suspension of police response due to false alarms shall not affect the
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<br />DocuSign Envelope ID: ED457002-3AE6-473A-8602-3BAF8B4617CF
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