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9
<br />
<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 />discontinued, become obsolete or are otherwise not
<br />commercially available; or
<br /> 4. Customer fails to make payments when
<br />due or otherwise breaches this Agreement.
<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 />18. Assignment
<br />
<br />Customer may not assign this Agreement. Brady may assign
<br />the work of this Agreement, subcontracting the whole of this
<br />Agreement, or subcontracting portions of this Agreement.
<br />
<br />19. Changes
<br />
<br />No modifications, additions or changes may be made to this
<br />Agreement, except in a writing signed by both parties.
<br />
<br />20. Severability and Waiver
<br />
<br />If any term or conditions of this Agreement are invalid, illegal
<br />or incapable of being enforced by any rule of law, all other
<br />terms and conditions of this Agreement will nevertheless
<br />remain in full force and effect so long as the economic or legal
<br />substance of the transaction contemplated hereby is not
<br />affected in a manner adverse to either Party. Upon any such
<br />determination of invalidity, illegality or unenforceability, the
<br />Parties shall negotiate in good faith to modify this Agreement
<br />so as to affect the original intent of the Parties as closely as
<br />possible in an acceptable manner, to the end that the
<br />transactions contemplated by this Agreement are
<br />consummated to the extent possible. The failure of either
<br />Party to insist upon the performance of any of the terms of this
<br />Agreement at any time, or to exercise any right, shall not be
<br />construed as a waiver of such term or right.
<br />
<br />21. Governing Law
<br />
<br />This Agreement is made and interpreted under the laws of the
<br />State of North Carolina. North Carolina law shall govern this
<br />Agreement without regard to any competing choice of law
<br />provision. The state court of Guilford County shall be the sole
<br />and exclusive jurisdiction for any civil action arising out of this
<br />Agreement.
<br />
<br />22. Notice
<br />
<br />All notices shall be delivered either by e-mail, in person, or via
<br />certified mail to the Parties at the addresses listed below. If
<br />notice is sent via e-mail or in person, notice shall be
<br />considered received the same business day as the e-mail is
<br />sent or notice is delivered in person. If notice is sent via
<br />certified mail, notice shall be considered received 3 business
<br />days after notice is mailed.
<br />
<br /> Brady
<br />
<br />Legal Name: Brady Trane Service, Inc.
<br /> Address: PO Box 13587
<br /> Attn: Legal Notices
<br /> Greensboro, NC 27415
<br /> E-mail: notices@bradyservices.com
<br />
<br /> Customer
<br />
<br />Legal Name:
<br />
<br /> Address:
<br />
<br />
<br />
<br />
<br />
<br /> E-mail:
<br />
<br />
<br />
<br />23. Miscellaneous Provisions
<br />
<br />a. This Agreement contains the entire agreement
<br />between the parties.
<br />b. Any taxes, excises, or other charges imposed on
<br />Brady by law, on or incident to the service or material provided
<br />under this Agreement, shall be paid by the Customer, or in lieu
<br />thereof, the Customer shall provide Brady with a tax
<br />exemption certificate acceptable to the taxing authorities.
<br />c. Brady shall abide by the requirements of 41 CFR §§
<br />60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations
<br />prohibit discrimination against qualified individuals based on
<br />their status as protected veterans or individuals with
<br />disabilities, and prohibit discrimination against all individuals
<br />based on their race, color, religion, sex, or national origin.
<br />Moreover, these regulations require that Brady takes
<br />affirmative action, to employ and advance in employment,
<br />individuals without regard to race, color, religion, sex, national
<br />origin, protected veteran status or disability.
<br />
<br />
<br />Docusign Envelope ID: E634A79E-9F2B-4C2C-AAD6-778768C0454C
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