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j. Anti-Virus Prevention:
<br />
<br />Brady maintains antivirus checking software on the network and has a strict policy on checking all software loaded onto Brady’s
<br />environment. However, due to the nature of computer viruses, Brady is not able to guarantee that provision of data monitoring and smart
<br />building analytics will be virus free. It is Customer's responsibility to ensure that adequate security and antivirus software is installed on the
<br />Customer’s environment.
<br />k. Disaster Recovery
<br />
<br />In the event that Brady 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, Brady may transfer the data monitoring service and smart building analytics to
<br />an alternative hosting environment. In the event that Brady transfers the service to an alternative hosting environment, Customer
<br />acknowledges that the following may occur: There may be a loss of data imported to Brady after the last database backup was taken; data
<br />monitoring and smart building analytics may be provided by a different IP address; the IP address registered against the domain name may
<br />be changed.
<br />l. Privacy
<br />
<br />Brady 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 Brady 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 Brady.
<br />m. Intellectual Property
<br />
<br />Brady retains and reserves all rights, title and interest in and to its intellectual property, including without limitation all Brady software,
<br />algorithms, materials, formats, interfaces and proprietary information and technology, and all other Brady 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 Brady harmless from and against any loss, damage, cost (including the cost of any settlement),
<br />expense or any liability suffered or incurred by Brady arising from or in connection Brady's possession or use of data, information or articles
<br />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
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<br />Docusign Envelope ID: 4B6C7BBC-D8D2-43E5-8931-76E0D9A1DE19
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