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<br />
<br />n. Indemnification
<br />
<br />Customer shall indemnify and hold Brady harmless from and
<br />against any loss, damage, cost (including the cost of any
<br />settlement), expense or any liability suffered or incurred by
<br />Brady arising from or in connection Brady's possession or use
<br />of data, information or articles supplied by Customer to Brady,
<br />including the infringement of any intellectual property rights
<br />resulting from the use or possession by Brady of data,
<br />information or articles supplied by Customer to Brady.
<br />
<br />o. Cyber Security
<br />
<br />Brady is not responsible for protecting against cyber security
<br />breaches to any security system, either installed or serviced by
<br />Brady, even if any such breach is transacted through Brady
<br />supplied equipment. It is the Customer’s responsibility to take
<br />the necessary precautions to protect the system and/or the
<br />server/computer/head-end from viruses, worms, Trojan
<br />horses, and other harmful or destructive content. Brady
<br />disclaims any responsibility for any harm resulting from the
<br />use by unauthorized visitors to the Customer’s system, or from
<br />any downloading by those unauthorized visitors.
<br />
<br />If Brady installs a security system, the Customer shall provide
<br />the security system’s passwords and privileges to Brady. No
<br />default passwords shall be left in use once the security system
<br />is completely installed.
<br />
<br />p. Brady Not An Insurer
<br />
<br />The amounts Brady charges a Customer are not insurance
<br />premiums. Such charges are based upon the value of the
<br />services, system and equipment provided and are unrelated to
<br />the value of Customer’s property, the property of others
<br />located in Customer’s premises, or any risk of loss on
<br />Customer’s premises.
<br />Brady's services, systems and equipment do not cause and
<br />cannot eliminate occurrences of the events they are intended
<br />to detect or avert. BRADY MAKES NO GUARANTY OR
<br />WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF
<br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR
<br />PURPOSE, THAT THE SERVICES, SYSTEM OR
<br />EQUIPMENT SUPPLIED WILL DETECT OR AVERT SUCH
<br />EVENTS OR THE CONSEQUENCES THEREFROM.
<br />Accordingly, Brady does not undertake any risk that
<br />Customer's person or property, or the person or property of
<br />others, may be subject to injury or loss if such an event
<br />occurs. The allocation of such risk remains with Customer, not
<br />Brady. Insurance, if any, covering such risk shall be obtained
<br />by Customer. Brady shall have no liability for loss, damage or
<br />injury due directly or indirectly to events, or the consequences
<br />therefrom, which the system or services are intended to detect
<br />or avert. Customer shall look exclusively to its insurer and not
<br />to Brady to pay Customer in the event of any such loss,
<br />damage or injury. Customer releases and waives for self and
<br />its insurer all subrogation and other rights to recover from
<br />Brady arising as a result of paying any claim for loss, damage
<br />or injury of Customer or another person.
<br />
<br />q. Compatibility Issues
<br />
<br />If the Customer is receiving security services or intelligent
<br />services via a connection, Brady may assess additional
<br />charges, if unable to connect to the Customer’s network or if
<br />any additional equipment is required to facilitate connectivity
<br />between the network and the equipment.
<br />
<br />r. Runaway Signals
<br />
<br />In the event that a Customer’s access control system is
<br />producing excessive false or “runaway” signals, the Customer
<br />will be notified of the situation. Any additional labor or
<br />equipment costs incurred as a result of a Customer’s system
<br />producing excessive or “runaway” signals may be billed to the
<br />Customer. Brady reserves the right to isolate and cease
<br />communication of any remote location in the event that
<br />location is interrupting the ability for Brady to conduct regular
<br />business.
<br />
<br />s. False Alarms
<br />
<br />Brady is not responsible for fines resulting from false alarms,
<br />and any suspension of police response due to false alarms
<br />shall not affect the obligations of the Customer under this
<br />Agreement. In the event that Brady receives a false alarm fine,
<br />said fine will be billed to the Customer and the Customer
<br />hereby agrees to take responsibility for paying the fine.
<br />
<br />t. Termination
<br />
<br />In addition to any other remedies available to Brady, Brady
<br />may terminate this Agreement and discontinue any service(s)
<br />if:
<br /> 1. Customer fails to follow the operating
<br />instructions provided by Brady, resulting in an undue number
<br />of false alarms or system malfunction; or
<br /> 2. In Brady's sole opinion, the premises in
<br />which the system is installed is unsafe, unsuitable, or so
<br />modified or altered after installation as to render continuation
<br />of service(s) impractical or impossible.
<br />
<br />Brady will not be liable for any damages or subject to any
<br />penalty as a result of any such termination. If for any reason
<br />Brady is unable to continue to provide the service(s) for which
<br />it is hereunder contracted, the Customer will have the right to
<br />terminate its obligation without penalty.
<br />
<br />17. Other Charges; Remedies; Termination
<br />
<br />a. There may be a service charge to Customer for
<br />cancelled installation/service appointments if Customer
<br />cancels less than 24-hours prior to dispatch, or if Brady’s
<br />representative is sent to the Customer's premises in response
<br />to a service call for false alarm or system malfunction caused
<br />by Customer's operation contrary to instructions, failure to
<br />close or properly secure a window, door or other protected
<br />point, or improper adjustment of monitors or accessory
<br />components.
<br />b. Failure to pay amounts when due shall give Brady,
<br />in addition to any other available remedies, the right to
<br />terminate this Agreement and to charge interest at the highest
<br />legal rate on delinquent amounts. Customer agrees to pay all
<br />costs, expenses and fees of Brady's enforcement of this
<br />Agreement, including collection expenses, court costs, and
<br />attorneys' fees. Installation charge(s) are based on Brady
<br />performing the installation with its own personnel. If for any
<br />reason installation must be performed by outside contractors,
<br />installation charge(s) may be subject to revision.
<br />c. In addition to any other remedies available to Brady,
<br />Brady may terminate this Agreement and discontinue any
<br />service(s) if:
<br /> 1. Brady's contracted center is substantially
<br />damaged by fire or catastrophe or if Brady is unable to obtain
<br />any connections or privileges required to transmit signals
<br />between the Customer’s premises, the Center or the Municipal
<br />Fire or Police Department or other first responder; or
<br /> 2. Customer fails to follow Brady's
<br />recommendations for the repair or replacement of defective
<br />parts not covered under the Warranty.
<br /> 3. Brady is unable to obtain or continue to
<br />support technologies, TeleCom Services, Communication
<br />Facilities, Equipment or component parts thereof that are
<br />Docusign Envelope ID: 3B01E8C5-43A2-424D-967C-3C14D0C78675
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