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supplied by Customer to Brady, including the infringement of any intellectual property rights resulting from the use or possession by Brady
<br />of data, information or articles supplied by Customer to Brady.
<br />o. Cyber Security
<br />Brady is not responsible for protecting against cyber security breaches to any security system, either installed or serviced by Brady, even if
<br />any such breach is transacted through Brady 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.
<br />Brady disclaims any responsibility for any harm resulting from the use by unauthorized visitors to the Customer’s system, or from any
<br />downloading by those unauthorized visitors.
<br />If Brady installs a security system, the Customer shall provide the security system’s passwords and privileges to Brady. No default
<br />passwords shall be left in use once the security system is completely installed.
<br />p. Brady Not An Insurer
<br />The amounts Brady 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 />Brady's services, systems and equipment do not cause and cannot eliminate occurrences of the events they are intended to detect or
<br />avert. BRADY MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
<br />FOR A PARTICULAR PURPOSE, THAT THE SERVICES, SYSTEM OR EQUIPMENT SUPPLIED WILL DETECT OR AVERT SUCH
<br />EVENTS OR THE CONSEQUENCES THEREFROM. Accordingly, Brady does not undertake any risk that Customer's person or property,
<br />or the person or property of others, may be subject to injury or loss if such an event occurs. The allocation of such risk remains with
<br />Customer, not Brady. Insurance, if any, covering such risk shall be obtained by Customer. Brady shall have no liability for loss, damage or
<br />injury due directly or indirectly to events, or the consequences therefrom, which the system or services are intended to detect or avert.
<br />Customer shall look exclusively to its insurer and not to Brady to pay Customer in the event of any such loss, damage or injury. Customer
<br />releases and waives for self and its insurer all subrogation and other rights to recover from Brady arising as a result of paying any claim for
<br />loss, damage or injury of Customer or another person.
<br />q. Compatibility Issues
<br />If the Customer is receiving security services or intelligent services via a connection, Brady 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. Brady reserves the right to isolate and cease communication of any remote location in the event that
<br />location is interrupting the ability for Brady to conduct regular business.
<br />s. False Alarms
<br />Brady is not responsible for fines resulting from false alarms, and any suspension of police response due to false alarms shall not affect the
<br />obligations of the Customer under this Agreement. In the event that Brady receives a false alarm fine, said fine will be billed to the
<br />Customer and the Customer hereby agrees to take responsibility for paying the fine.
<br />t. Termination
<br />In addition to any other remedies available to Brady, Brady may terminate this Agreement and discontinue any service(s) if:
<br /> 1. Customer fails to follow the operating instructions provided by Brady, resulting in an undue number of false alarms or
<br />system malfunction; or
<br /> 2. In Brady's sole opinion, the premises in which the system is installed is unsafe, unsuitable, or so modified or altered
<br />after installation as to render continuation of service(s) impractical or impossible.
<br />Brady will not be liable for any damages or subject to any penalty as a result of any such termination. If for any reason Brady 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 Brady’s representative is sent to the Customer's premises in response to a service call for false alarm or
<br />system malfunction caused by Customer's operation contrary to instructions, failure to close or properly secure a window, door or other
<br />protected point, or improper adjustment of monitors or accessory components.
<br />b. Failure to pay amounts when due shall give Brady, 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 />Brady's enforcement of this Agreement, including collection expenses, court costs, and attorneys' fees. Installation charge(s) are based on
<br />Brady 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 Brady, Brady may terminate this Agreement and discontinue any service(s) if:
<br /> 1. Brady's contracted center is substantially damaged by fire or catastrophe or if Brady is unable to obtain any
<br />connections or privileges required to transmit signals between the Customer’s premises, the Center or the Municipal Fire or Police
<br />Department or other first responder; or
<br /> 2. Customer fails to follow Brady's recommendations for the repair or replacement of defective parts not covered under
<br />the Warranty.
<br /> 3. Brady 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.
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<br />Docusign Envelope ID: 8F5DCB9B-8A3A-4922-BD01-FE7AA100DA32
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