Orange County NC Website
Browse       Search
obligations of the Customer under this Agreement. In the event that Icon receives a false alarm fine, said fine will be billed to the Customer <br />and the Customer hereby agrees to take responsibility for paying the fine. <br />t. Termination <br />In addition to any other remedies available to Icon, Icon may terminate this Agreement and discontinue any service(s) if: <br /> 1. Customer fails to follow the operating instructions provided by Icon, resulting in an undue number of false alarms or <br />system malfunction; or <br /> 2. In Icon's sole opinion, the premises in which the system is installed is unsafe, unsuitable, or so modified or altered after <br />installation as to render continuation of service(s) impractical or impossible. <br />Icon will not be liable for any damages or subject to any penalty as a result of any such termination. If for any reason Icon is unable to <br />continue to provide the service(s) for which it is hereunder contracted, the Customer will have the right to terminate its obligation without <br />penalty. <br />17. Other Charges; Remedies; Termination <br />a. There may be a service charge to Customer for cancelled installation/service appointments if Customer cancels less than 24- <br />hours prior to dispatch, or if Icon’s representative is sent to the Customer's premises in response to a service call for false alarm or system <br />malfunction caused by Customer's operation contrary to instructions, failure to close or properly secure a window, door or other protected <br />point, or improper adjustment of monitors or accessory components. <br />b. Failure to pay amounts when due shall give Icon, in addition to any other available remedies, the right to terminate this <br />Agreement and to charge interest at the highest legal rate on delinquent amounts. Customer agrees to pay all costs, expenses and fees of <br />Icon's enforcement of this Agreement, including collection expenses, court costs, and attorneys' fees. Installation charge(s) are based on <br />Icon performing the installation with its own personnel. If for any reason installation must be performed by outside contractors, installation <br />charge(s) may be subject to revision. <br />c. In addition to any other remedies available to Icon, Icon may terminate this Agreement and discontinue any service(s) if: <br /> 1. Icon's contracted center is substantially damaged by fire or catastrophe or if Icon is unable to obtain any connections or <br />privileges required to transmit signals between the Customer’s premises, the Center or the Municipal Fire or Police Department or other <br />first responder; or <br /> 2. Customer fails to follow Icon's recommendations for the repair or replacement of defective parts not covered under the <br />Warranty. <br /> 3. Icon is unable to obtain or continue to support technologies, TeleCom Services, Communication Facilities, Equipment <br />or component parts thereof that are discontinued, become obsolete or are otherwise not commercially available; or <br /> 4. Customer fails to make payments when due or otherwise breaches this Agreement. <br />Icon will not be liable for any damages or subject to any penalty as a result of any such termination. If for any reason Icon is unable to <br />continue to provide the service(s) for which it is hereunder contracted, the Customer will have the right to terminate its obligation without <br />penalty. <br />18. Assignment <br />Customer may not assign this Agreement. Icon may assign the work of this Agreement, subcontracting the whole of this Agreement, or <br />subcontracting portions of this Agreement. <br />19. Changes <br />No modifications, additions or changes may be made to this Agreement, except in a writing signed by both parties. <br />20. Severability and Waiver <br />If any term or conditions of this Agreement are invalid, illegal or incapable of being enforced by any rule of law, all other terms and <br />conditions of this Agreement will nevertheless remain in full force and effect so long as the economic or legal substance of the transaction <br />contemplated hereby is not affected in a manner adverse to either Party. Upon any such determination of invalidity, illegality or <br />unenforceability, the Parties shall negotiate in good faith to modify this Agreement so as to affect the original intent of the Parties as closely <br />as possible in an acceptable manner, to the end that the transactions contemplated by this Agreement are consummated to the extent <br />possible. The failure of either Party to insist upon the performance of any of the terms of this Agreement at any time, or to exercise any <br />right, shall not be construed as a waiver of such term or right. <br />21. Governing Law <br />This Agreement is made and interpreted under the laws of the State of North Carolina. North Carolina law shall govern this Agreement <br />without regard to any competing choice of law provision. The state court of Guilford County shall be the sole and exclusive jurisdiction for <br />any civil action arising out of this Agreement. <br />22. Notice <br />All notices shall be delivered either by e-mail, in person, or via certified mail to the Parties at the addresses listed below. If notice is sent via <br />e-mail or in person, notice shall be considered received the same business day as the e-mail is sent or notice is delivered in person. If <br />notice is sent via certified mail, notice shall be considered received 3 business days after notice is mailed. <br /> <br /> Icon <br />Legal Name: Icon Boiler, Inc. <br /> Address: PO Box 13587 <br />9 <br />DocuSign Envelope ID: ED457002-3AE6-473A-8602-3BAF8B4617CF