HomeMy WebLinkAboutA6266 - SIMPLEXGRINNELL FIRE ALARM TEST AND INSPECTION AIRPORT I�ba bb
Billing Customer:
Customer: Palm Springs Airport
Palm Springs Airport 3400 E Tahquitz Canyon Way
Date: 16-APR-13 Attn:Ca-1
Proposal#:255200 PALM SPRINGS, CA 92262-6970
Term:01-APR-13 to 31-MAR-14
Service Location: SimplexGrinnell
Palm Springs Airport Sales Representative:
3400 E Tahquitz Canyon Way RHONDA REINHART
Attn:Ca-1 10282 6TH ST
PALM SPRINGS, CA 92262-6970 RANCHO CUCAMONGA, CA 91730
RRein hart@sim plexgrinnel l.co m
INVESTMENT SUMMARY
Excludes applicable Sales Tax . Service Solution Valid for 45 Days)
SERVICE/PRODUCT DESCRIPTION QUANTITY FREQUENCY INVESTMENT
Recurring Annual Investment
Fire Alarm Test&Inspect-Panel Parts and
Labor Only
SIMPLEX 41000 SYSTEM
Main Fire Alarm Panel 3 Semi-Annual
Smoke Sensor Addressable 77 Semi-Annual
Heat Detector Restorable 3 Semi-Annual
Duct Sensor Addressable 13 Semi-Annual
Pull Station 23 Semi-Annual
Audio-Visual Notification Conventional 75 Semi-Annual
Waterflow Electronic Test 11 Semi-Annual
Tamper Switch(electronic test only) 9 Semi-Annual
Fire Alarm Test&Inspect• Panel Parts and Labor Only Total: $9,174,00
ALARM&DETECTION-MONITORING
SIMPLEX 4100U SYSTEM
Fire Alarm Monitoring Basic Service(Up 1
to 100 Devices) ALARM &DETECTION-MONITORING Total: $445.00
Total Recurring Annual Investment: '
SG0001 MENG(Rev.1212010) Page i of 7 0 2010 SlmplexGrinnell LP. All rights reserved
simplerGrfnnal
This Service Solution (the"Agreement')sets forth the Terms and Conditions for the provision of equipment and
services to be provided by SimplexGrinnell LP("Company")to Palm Springs Airport and is effective 01-APR-13 to
31-MAR-14(the"Initial Term").
PAYMENT TERM: Annual In Advance
PAYMENT AMOUNT:
• . I I Proposal# : 255200
CUSTOMER ACCEPTANCE: In accepting this Agreement, Customer agrees to the Terms and Conditions on the
following pages and any attachments or riders attached hereto that contain additional terms and conditions. It is
understood that these terms and conditions shall prevail over any variation in terms and conditions on any purchase
order or other document that the Customer may issue. Any changes in the system requested by the Customer after
the execution of Agreement shall be paid for by the Customer and such changes shall be authorized in writing.
ATTENTION IS DIRECTED TO THE LIMITATION OF LIABILITY, WARRANTY, INDEMNITY AND OTHER
CONDITIONS CONTAINED IN THIS AGREEMENT.
Palm Springs Airport / SimplexGrinnell
Signature: ✓ nn��Yc�; Q�° s I C 1 E£Zcc
Print Name: Phone#: ` eR Ba—
Title: ( ;_,� - Fax#:
Phone#: 11.n 17 r License#:
(If Applicable)
Authorized
Fax M c 7 Signature:
Email .) 0J id • f r a c(+i �a Print Name: d ",QT C ier`G u
PO#: Title: IS-W,14X, P
Date: - b I Date: �k�m 13
�t 2eacvUQ 0-4 eXt�sWS Ca��4cT
APP AS TO i[IRM N, Goo. F --to Tc n g V C• 9,Z1w1
G Attome
Ga,t 6a
Not To Exceed $ ��
Without The Exp Ss Wri ten
Authorization Of The City
Manager.
SG0001 US.ENG(Rev.1212010) Page 3 of 7 C 2010 SimplexGrinnell LP. All rights reserved
TERMS AND CONDITIONS 441-4" (the 'SAFETY Act"). As required under 6 C.F.R. 25.5 (a), to the
ree to
1.Term.The Initial Ter of this Agreement shall commence on me tlete of this w�gmtheireriightt permitted W eke anyy law.Company and claims against the other four any er hereby
including
. Agreement and continue for the period indicated in this Agreement.Acme business interruption IpsSea, sustained by either party or their respective
-eaaoWsn a1 C e f I aL7 -'—'
employees, resulting from an activity resulting from an'Act of Terrorism"as
Y .ggream0m..1Agss n y
,_ 0 oc y weep nail nave been deployed in defense against,
response[o,or recovery cr1 man
2.Payment.Payments shall be invoiced and due in accordance with the terms 7.Indemnity-Customer agrees to indemnify, hold harmless and defend
and conditions set forth in this Agreement. Work performed on a time and Company against any and all losses, damages, costs, Including expert
material basis shall be at the then-pravalling Company rate for material,labor, fees and costs, and expenses including reasonable defense costs,
and related items,in effect at the time supplied under this Agreement. arising from any and all third party claims for personal Injury, death,
3. Pricing.The pricing set forth In This Agreement is based on the number of property damage or economic loss, arising in any way from any act of
devices and services to be performed as set forth in this Agreement. If the omission of Customer or Company relating In any way to this Agreement
actual number of devices installed or services to be performed is greater than Including but not limited to the Services under this Agreement,whether
Mat set forth in this Agreement, me price will be increased accordingly. such claims are based upon contract,warranty, ton(Including but not
Company may increase prices upon notice to me Customer or annually to limited to active or passive negligence), strict liability or otherwise.
reflect increases in material and labor coats. Customer agrees to pay all taxes, '�•
Permits.and other charges.Including but not limited W state and local Sales ewita i Customees responsibility with respect to indemnification and
and excise taxes,installation or alarm perils, False alarm assessments, or defense of Company with respect to Monitoring Services Is set forth In
any charges Imposed by any government body,however designated.levied or Section 17 of this Agreement.
based on the service charges pursuant to this Agreement. The Customer's 8.General Provisions.Customer has selected the service level desired attar
failure to make payment when due is a material breach of this Agreement. considering and balancing various levels of protection afforded, and their
4.Code Compliance.Company does nth undertake an obligation to inspect related costs. Customer acknowledges and agrees that by this Agreement,
for compliance with laws or regulations unless specifically stated in this Company, unless specifically stated, does not undertake any obligation fo
Agreement. Customer acknowledges mat the Authority Having Jurisdiction maintain o render Customers system or equipment as Year 2000 compliant,
(e.g.Fire Marshal)may establish additional requirements for compliance with which shall mean, capable of comadly handling the processing of calendar
local codes. Any additional services or equipment required will be provided at dates before or after December 31. 1999. All work to he performed by
Company w
an additional cost to Customer ill be performed during normal working hours of normal working
S. Limitation of Liability; Limitations of Remedy. Customer understands days (8:00 a.m. - 5:00 p.m.), Monday through Friday, excluding Company
that Company offers Several levels of protection services and mat the level holidays), as defined by Company, unless additional times are specie lly
described has been chosen by Customer after considering and balancing described in this Agreement. All work performed unscheduled unless
various levels of protection afforded and their related costs. It Is understood otherwise specified in this Agreement. Appointments scheduled for four-hour
and agreed by the Customer that Company Is not an Insurer and that window. Additional charges may apply for special scheduling requests.e.g.
Insuren coverage,If arty,shall be obtained by the Customer and that working around equipment shutdowns,after hours work.
ce
amounts payable to Company hereunder are based upon the Value of the Company will perform the services described in the Service Solution(-Services
services and the scope of liability set forth in this Agreement and are -)for one or more system(s)or equipment as described in the Service Solution
unrelated to the value of the CuatomaYs property and the property of SE
SPECIFIED IN THIS AGREEMENT,ANY INSPECTION(ANDSI SPECIFIED.I
others located on the premises. TESTING) PROVIDED UNDER THIS AGREEMENT DOES NOT INCLUDE
gne-5e t1 ,,ees4msupm to-reoeverM-Injeriarorda6Ta§Slri Dye'event`of
ea—a1F-min of ANY MAINTENANCE, REPAIRS, ALTERATIONS, REPLACEMENT OF
on, PARTS, OR ANY FIELD ADJUSTMENTS WHATSOEVER, NOR DOES IT
makes no guaranty or Warrenty, Including any Implled warranty of INCLUDE THE CORRECTION OF ANY DEFICIENCIES IDENTIFIED BY
merchantability or fitness for a particular purpose that equipment or COMPANY TO CUSTOMER. COMPANY SHALL NOT BE RESPONSIBLE
services supplied by Company will detect or avers occurrences or the FOR EQUIPMENT FAILURE OCCURRING WHILE COMPANY IS IN THE
consequences therefrom that the equipment or service was designed to PROCESS OF FOLLOWING ITS INSPECTION TECHNIQUES.WHERE THE
detect or avert. it Is impractical and extremely difficult 10 fix the actual FAILURE ALSO RESULTS FROM THE AGE OR OBSOLESCENCE OF THE
damages,If any,which may proximately result from failure on the part of ITEM OR DUE TO NORMAL WEAR AND TEAR.THIS AGREEMENT DOES
NOT COVER SYSTEMS, EQUIPMENT, COMPONENTS OR PARTS THAT
Company to perform any of its obligations under this Agreement. ARE BELOW GRADE, BEHIND WALLS OR OTHER OBSTRUCTIONS OR
Accordingly, Customer agrees that, Company shall be exempt from EXTERIOR TO THE BUILDING.ELECTRICAL WIRING,AND PIPING.
liability for any loss,damage or Injury arising directly or Indirectly from 9.Customer Responsb111Ues.Customer shall regularly last the Systems)in
occurrences, or the consequences therefrom, which the equipment or accordance with applicable taw and manufacturers' and Company's
service was designed to detect or avert. Should Company be found recommendations.Customer shall promptly noOty Company of any malfunction
liable for any loss, damage or injury arising from a failure of the in the Covered Syslem(a) which comes to Customers attention. This
equipment or service in any respect, Company's liability for Services Agreement assumes any existing systems) are in operational and
performed on site M Customers promises shall be limited to an amount maintainable condition as of me Agreement date.If.upon inspection,Company
equal to the Agreement price(as Increased by the price for any additional deterines(hat repairs are recommended,repair charges will be Submitted for
work) or, where the time and material payment ter Is selected, approval by Customers onsite representative prior to work. Should such
Customers time and material payments to Company. Where this repair work be declined, Company shall be relieved from any and all liability
Agreement covers multiple sites,liability shall be limited to the amount arising therefrom.
of the payments all to the site where the Incident occurred. Customer further agrees to:
Company's liability with respect to Monitoring Services is set forth In Provide Coma clear access to Covered System(s) to be serviced
Section 11 of this Agreement. Such sum shall be complete and Company
exclusive. If Customer desires Company to assume greater liability,the including, if applicable, lift trucks or other equipment needed to reach
parties shall amend this Agreement by attaching a rider setting forth the inaccessible equipmenq
amount of additional liability and the additional amount payable by the • Supply suitable electrical service,heat,heat tracing adequate water supply.
Customer for the assumption by Company of such greater liability, and required system schematics antl/o drawings;
provided however that such rider shell in no way be Interpreted to hold
Company as an Insurer.IN NO EVENT SHALL COMPANY BE LIABLE FOR • Notri all required persons, including but not limited to authorities having
ANY DAMAGE,LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM jurisdiction, employees, and monitoring Services, of Scheduled testing
ANY SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES, OR and/or repair of systems;
MOVEMENTS OF THE COVERED SYSTEMl AS HEREINAFTER provide a sate work environmeN;
DEFINED,OR ANY OF ITS COMPONENT PARTS BY THE CUSTOMER OR
ANY THIRD PARTY.COMPANY SHALL NOT BE LIABLE FOR INDIRECT, • In the event of an emergency or Covered Systems)failure,take reasonable
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, precautions to protect against personal injury, death, and/or property
INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, damage and continue such measures until (he Covered Systems) are
LOSS OF THE USE, PERFORMANCE, OR FAILURE OF THE COVERED operational;and
SYSTEMS)TO PERFORM. The limitations of liability set forth in this
Agroemem shall inure to the benefit of all parents, subsidiaries and Comply with all laws,codes,and regulations perfuming to the equipment
affiliates of Company,whether direct or Indirect,Company's employees, and/or services provided under this agreement
agents,officers and directors. Customer represents and warrants that it has the right to authorize me
6. Reciprocal Waiver o1 Claims (SAFETY Act). Certain of Company's Services to be performed as set form in this Agreement.
systems and services have received Certification ant/or Designation as 10.Repair Services.Where Customer expressly includes repair,replacement,
Qualified Ami-Terrorism Technologies ('GATT") under the Support and emergency response services in me Service Solution section of this
Antiterrorism by Fostering Effective Technologies Ad of 2002.6 U.S.C.§§ Agreement,such services apply only to the components or equipment of me
SG0001 US.ENG(Rev.12/2010) Page 4 of 7 (D2010 SimplexGrinnell LP. All rights reserved
Covered System(s).Customer agrees re promptly request repair services in contact the fire department or other authorities in the event of a fire alarm.The
the event the System becomes Inopral#e.or:otherelee'requires repair. The Customer understands that ff it wishes to receWe morrimdng of its fire alarm'.
in the event
Agreement prim does not Include napalm a.the. Covered System(s) of re alarm, mustem it se salad mani of the film tonin9 s�rvicesrtment or otasnda separate service under
recommended by ComPerry as a result of an inspection,for which Compny' AND
and as to which Compny will not t0is Agreement. CUSTOMER FURTHER UNDERBTANOSENT APPLY TO
proceed until CUS at authanMs s wo
r replacement of non- iiinainable parts of the Covered System(s)Including, REMOTE SERVICE.
but not limited to,unit cabinets,Insulating maerial.elacMcaI wiring,Structural 17. Monitoring Servleas.If Customer has selected Monitoring services, the
supports,and all other non-moving Pats,is not included under-Mis Agreement following shall apply to such Services:
a and 11.System Equipment.The purchase of equipment or peripheral devices, A. Alarm Mon entlng Service,
e h obligation stonie this r agree Agreementshallacknowledges,
e co Provide
(including but not limited to smoke detectore.passive Infrared deladurs,card Company'sY g
matters, spithWer system components, extinguishers and hoses) from alarm monitoring, nolliketion, and/or Runner services as set fdh in this
Company Shall be subject to the terms and conditions of this Agreement.If.In Agreement and to endeavor to notify the pary(ies)identified by Customer on
Company's sole lodgment.any perpneal device or other system equipment, ConlactlCall List('Gonads")andlor Local Emergency Dispatch Numbers
which is attached to the Covered SYstem(s),whether provided by Compny, for responding authorities. Upon receipt of an alarm signs,Company my,of
Customer or a third party,interferes with the proper openvon of the Covered our sole discretion, attempt to notify the Contacts to verify the signal is not
System($), Customer Shan remove or replace Such device or equipment false.If we fail to notify the Contacts or question the response we rem we
Promptly upon notice from Company.Failure of Customer to remove or replace will attempt W notify the responding authority.In the event Company receives a
the device shall constitute a material breach of this Agreement.If Customer supervisory signal or trouble signal.Company shall endeavor to promptly notify
adds any third parry device or equipment to the Covered System(s),Company one of the Comsca. Company shall not be responsible for a Contact's or
responding shall not be responsible for any damage to or failure of the Covered System(s) notifications of r receipt of an alarm signs,hofitys refusal to nnor shall Company be requirefrespond to ed
caused In whole or in part by Such device or equipment.
12. Reports. Where inspeuon andior as Services aria selected, such make additional notifications because of such refusal. The Contacts are
on Cd on the
impaction and/or test shall be completed on Company's then current Report C authorized
form,which shall be given to Customer,a allr Llst,care auNo ized lea Cancel an alarm behalf and. Kprior toesignat me oe fxatbn of
d,where applicable,Company
submit a copy thereof m the local authority having Jurisdiction.The Report and authorities.Customer understands that local laws,ordinances or polices may
recommendations by Company are only advisory in retire and am Intended
s sary cis describetlestrict sin this Agreemility to a^idea the
nd/or nerm monitoring and cessieare modified r additional
assist Customer in reducing the risk of kxea to property yindicating
dead$or impairments noted to the System and equipment hazard eist r services and related charges to Customer. Customer erasure to that
tested.They are not intended to imply that no other tlefe a^tlr hazards ants are edu or ce occurany rry employ a nurnber of rences of false axle" signal activad�ons,These measures posy
that all aspects of the Covered System(s),equipment, components include, but are not limited 10 implementation of Industry-recognizd default
under control at the time of inspection.Final responsibility for the condition and im lemenalion of"partial clear time bypass"procedures at our alarm
operation of the Covered Sysam(s)and equipment and components lies with settings;
nn orriing center and other Similar measures at our sole diurnal from tire
Customer.
13. Availability and Cost of Steel, Plastics & Olken Commodities. to time.THESE MEASURES CAN RESULT IN NO ALARM SIGNAL BEING
Company Shall not be responsible for failure m provide serviws, deliver SENT FROM AN ALARM ZONE IN CUSTOMER'S PREMISES AFTER THE
products.or otherwise perform work required by this Agreement due to lack of INITIAL ALARM ACTIVATION UNTIL THE ALARM SYSTEM IS MANUALLY
available steal products or products matle from plastics or other commodities. RESET.Upon recelAng notification from Company that a fire or gas detection
(I) In the event Company is unable, after reasonaba commercial efforts, to (e.g canton monoxide)signal has been received, the responding aumxtr G
acquire and provide steel products,w products made from plastics or other may forciblyenter the remises.Cellular radio unit last Supervision. pro
commodities, if required to perform work required by this Agreement, under this Agreement, provides only the status of the cellular radio unit's
Customer hereby agrees that Company may terminate the Agreement,Or the current signaling aNliry at the time of the lest communication basedon certain
relevant potion of the Agreement,at no additional cost and without penally. programmed intervals and does not serve to detect the potential loss of radio
Customer agrees to pay Company in full for all work performed up to the time Service at the time of an actual emergency event. Company smell hot be
of any such termination.(ii)If Company is able toobaa the steel produce or responsible to provide monitoring services under this Agreement unless and
produce made from plastics or other commodities,but the price of any of the until the communication link between Customers premises and Compel
products has risen by more than 10%from the dare of the bid,proposal or data Monitoring Center has been tested. SUCH SERVICES ARE PROVIDED
coOT
sy case through that increase
icahpasonablever occurred
p cerinreaset.then CN ny
raged LIIMITEDTTOAAN IMPLIEDPWARRANTIES OF MERCHANRESS OR IMPLIED, fTABILITYG BUT NOR
Increased cost of materials. FITNESS FOR A PARTICULAR PURPOSE.
14.Confined Space.If eaase to confined Space by Company is required for B Limitation of Lability; Limitations of Remedy Customer understands
the pdormance of Services,Services shall be scheduled and performed in Nat Company offers several levels of Monitoring Services and that the level
accordance with Company$then-current houry role. described has been chosen by Customer after considering and balancing
15.Hazardous Materials.Customer represents Nat,except to the extent Nat various levels of protection afforded and their related costs. It is understood
Company has been given written notice of the following hazards prior to the and agreed by the Customer that Company Is not an insurer and that
execution of this Agreement,to the best of Customers knowledge there is no: insurance coverage,If any,shall be obtained by me Customer and that
amounts payable to Company hereunder are based upon the value of the
"Pertn0 confined$paw;as defined by OSHA, Monitoring Services and the scope of liability set forth in this Agreement
Risk of Infectious disease, property
are unrelated to the value of the Customers property and the
• property of others located on the premises. Customer agrees to look
• Ned for ter monitoring,respiratory protection,or other medical risk, exclusively to the Custa eers Insurer to recover for Injuries or damage In
the event of any loss or Injury and that Customer releases and waives all
• Asbestos. asbestos-cpntaining material, formaldehyde or other right of recovery against Company arising by way of subrogation.
Potentially toxic or otherwise hazardous material contained in or on me Company makes no guaranty or Warranty, Including any implied
surface of the floors, walls, ceilings, insulation or other structural warranty of merchantability or fitness for a particular purpose that
components of the area of any building where work is required to be equipment or services supplied by Company will detect or avert
perfcvmd under this Agreement. occurrences or the consequences there from that the equipment or
All of the above are hereinafter referred 1p as "Hazardous Conditions". service was designed to dated or avert. it is Impractical and extremely
Company shall have the right to rely on the representations listed above. ff difficult to fix the actual damages.If any,which may proximately result
hazardous conditions are encountered by Company during the course of from failure on the part of Company to perform any of its monitoring
Compay% work, the discovery of such materials shall constitute an event obligations under this Agreement- Accordingly,Customer agrees that,
beyond Company's control and Company shall have no obligation to further Company shall be exempt from liability for any loss,damage or Injury
perform in the area where the hazardous conditions exist until the area has arising directly or Indirectly from occurrences, or me consequences
been made safe by Customer as Petrified in writing by an independent testing there from, which the equipment or service was designed to detect or
agency, and Customer shall pay disruption expenses and m-mobilization avert. Should Company be found liable for any loss,damage or Injury
expenses as determined!by Compny.This Agreement does not provide for the allsing from a failure of the equipment or service in any respect.
cost of capture,containment or disposal of any hazardous waste materials,or Com an s liability with respect to Monitoring Services shall be the
hazardous matdSls, encountered in airy of me Covered System(s) andlor P Y ty P
during performance of the Services.Said materials shall at all times remain the hisser of the annual fee for Monitoring Services allocable to the she
responsibllity,and property of Customer.Company shall not be responsible for where the Incident occurred or two thousand We hundred (52,500)
the Iesbng,rerova or disposal of such hazeldmUs ma[enals dollars.Such sum shall he complete and exclusive. If Customer desires
16. Remote Service. ff Customer selects Remise Service, Customer Company to assume greater liability, the pities shall amend NIS
understands and agrees that, while Remote Service provides for Agreement by akaching a rider setting forth the amount of additional
communication regarding Customers fire alarm system to Company via the liability end the additional amount payable by the Customer for the
in
tribunal, Remote n by Co pany of
Customer nderstand e t Remote Servs not ice does otitute utonng of the t provide for Company to such Alder shall in no way be such
to hold Company as anInsurer.eveir 1
SG0001 US.ENG(Rev.1212010) Page 5 of 7 m 2010 SurnplexGrinnell LP. All rights reserved
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE,LOSS, Agreement, and should the same be terminated or become otherwise
INJURY, OR ANY OTHER CLAIM ARISING FROM ANY SERVICING, unavailable or impracticable to.provide;-Company may terminate Monitoring
ALTERATIONS,MODIFICATIONS,CHANGES, OR MOVEMENTS OF THE Services.Digital Communinlwto to r.Customer understands that a digital Communicator -
COVERED SYSTEM(S), AS HEREINAFTER DEFINED, OR ANY OF ITS
D PARTY. (OACT),if Installed under this Agreement,uses traditional telephone Imes for
COMPANY SHALL NOT BE LIABLE FOR IND the INCLUDING BUT NOT wets assodated with such dedicated Imes.
CONSEQUENTIAL DAMAGES OF ANY KIND,LIMBED TO DAMAGES ARISING FROM THE USE,LOSS OF THE USE, Ill,Derived Local Channel.The Communication Company's services provided PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S) TO inCustomer in connection with the Services may include Derived Local
Channel service. Such service may be provided under the Communication
PERFORM. The limitations of liability set forth In this Agreement shall Companys service marks or service names.These services include providing
Inure to the benefit of all parents,subsidiaries and affiliates of Company, lines, signal paths, scanning and transmission. Customer agrees that the
whether direct or Indirect, Company's employees, agents,officers and Communication Company's liability is limited to the same extent Company's
directors. liability is limited pursuant to this Section 17.
C. Indemnity, Insurance.Customer agrees to Indemnify,hold harmless and tv. CUSTOMER UNDERSTANDS THAT COMPANY WILL NOT RECEIVE
defend Company against any and all losses,damages,costs,including expert ALARM SIGNALS WHEN THE TELEPHONE LINE OR OTHER
fees and costs,and expenses Including reasonable defense costs,arising from TRANSMISSION MODE IS NOT OPERATING OR HAS BEEN CUT,
any antl all third party claims for personal injury,death, property damage or INTERFERED WITH OR IS OTHERWISE DAMAGED OR IF THE ALARM
economic loss, arising in any way from any ad or omission of Customer or SYSTEM IS UNABLE TO ACQUIRE,TRANSMIT OR MAINTAIN AN ALARM
Company relating in any way to the Monitoring Services provided under Nis SIGNAL OVER CUSTOMER'S TELEPHONE SERVICE FOR ANY REASON
Agreement, whether such Claims are based upon contract. warranty, tort INCLUDING NETWORK OUTAGE OR OTHER NETWORK PROBLEMS
(Including but not limited to aCMe or passive negligence). strict liability, or SUCH AS CONGESTION OR DOWNTIME, ROUTING PROBLEMS, OR
otherwise. INSTABILITY OF SIGNAL QUALITY. CUSTOMER UNDERSTANDS THAT
aexcr�uvli. I.-- a OTHER POTENTIAL CAUSES OF SUCH A FAILURE OVER CERTAIN
TELEPHONE SERVICES (INCLUDING BUT NOT LIMITED TO SOME
D.No modification. Modification to Sections 11 B or C may only be made by TYPES OF DSL, ADSL, VOIP, DIGITAL PHONE, INTERNET PROTOCOL
e written amendment to this Agreement signed by both parities specifically BASED PHONE OR OTHER INTERNET INTERFACE-TYPE SERVICE OR
referencing Section 17 B and/or C,and no SUCK amendment shall be effective RADIO SERVICE, INCLUDING CELLULAR OR PRIVATE RADIO, ETC. ("
unless approved by the manager of Companys Central Monitoring Center. NONTRADITIONAL TELEPHONE SERVICE')) INCLUDE BUT ARE NOT
E. Customer's Duties.Duties.In addition to Customers duly to indemnify,defend, LIMITED TO:(1)LOSS OF NORMAL ELECTRIC POWER TO CUSTOMER'S
and hold Company harmless pursuant to this Section 17: PREMISES (THE BATTERY BACK-UP FOR THE ALARM PANEL DOES
I. Cusomer agrees to fumish the names and telephone numbers of all NOT POWER TELEPHONE SERVICE);AND(2)ELECTRONICS FAILURES
Persons authorized to enter or remain on Customers premises and/or Nat SUCH AS A MODEM MALFUNCTION. CUSTOMER UNDERSTANDS THAT
should be notified in me event of an alarm (the Contact/Call List)and Local COMPANY WILL ONLY REVIEW THE INITIAL COMPATIBILITY OF
Emergency Dispatch Numbers and provide all Changes, revision antl CUSTOMER'S ALARM SYSTEM WITH NON-TRADITIONAL TELEPHONE
modlficatlons to the above W Company in wnling In B timely manner.Customer SERVICE AT THE TIME OF INITIAL CONNECTION TO COMPANYS
must ensure that all such parsons are authorized and able to respond to such MONITORING CENTER AND THAT CHANGES IN CUSTOMER'S
notifcalion. TELEPHONE SERVICE'S DATA FORMAT AFTER THE INITIAL REVIEW OF
ii.Customer shall Carefully and property lest and set the system immediately COMPATIBILITY COULD MAKE CUSTOMER'S TELEPHONE SERVICE
prior the securing of the premises and Carefully test the system in a manner UNABLE TO TRANSMIT ALARM SIGNALS TO COMPANY'S MONITORING
presuib rd by Company during the term of this Agreement.Customer agrees CENTERS. IF COMPANY DETERMINES IN ITS SOLE DISCRETION THAT
that ti Is responsible for any bases or damages due to malfunction, IT IS COMPATIBLE,COMPANY WILL PERMIT CUSTOMER TO USE NON•
miscommunication or failure of Customers system to aaundsly handle, TRADITIONAL TELEPHONE SERVICE AS THE SOLE METHOD OF
process or Communicate dale date. If any defect in operation of me System TRANSMITTING ALARM SIGNALS, ALTHOUGH CUSTOMER
develops.or in the event of a power failure,interruption of telephone serves, UNDERSTANDS THAT COMPANY RECOMMENDS THE USE OF AN
or other Interruption at Customers premises of signal or data transmission ADDITIONAL BACK-UP METHOD OF COMMUNICATION TO CONNECT
through any media. Customer shall notfy Company immediately, if CUSTOMER'S ALARM SYSTEM TO THE MONITORING CENTER
speciefintedor protection(te.ultrasonic,microwave,infrared.eto.)is part of the REGARDLESS OF THE TYPE OF TELEPHONE SERVICE USED.
System,Customer shall walk teat the system in the manner recommended by CUSTOMER ALSO UNDERSTANDS THAT IF COMPANY DETERMINES IN
Corrgxany. ITS SOLE DISCRETION THAT CUSTOMER'S NON-TRADITIONAL
Including.Ili.When any device or protection is used, but not limited W.space protection, which may be affected
SERVICE IS OR LATER BECOMES NON-COMPATIBLE,OR
ec[ed by turbulence O( air, occupietl airspace IF CUSTOMER CHANGES TO ANOTHER NON-TRADITIONAL
Change or Omer disturbance,forced air heaters,air conditioners,horns,bells, TELEPHONE SERVICE THAT IS NOT COMPATIBLE, THEN COMPANY
animals and any other sources of air turbulence or movement which may REQUIRES THAT CUSTOMER USE AN ALTERNATE METHOD OF
interfere with the effectiveness of the System during closed periods while the COMMUNICATION ACCEPTABLE TO COMPANY AS THE PRIMARY
alarm system is on.Customer shall notify Company METHOD TO CONNECT CUSTOMER'S ALARM SYSTEM TO THE
iv.Customer shall promptly reset the System after any activation. MONITORING CENTER. CUSTOMER UNDERSTANDS THAT
v.Customer shall notify Company regarding any remodeling or other changes TRe NSMISSION OF FIRE ALARM SIGNALS BY MEANS OTHER THAN A
to the protected premises that may affect operation of Me system. TELEPHONE LINE MAY NOT BE IN COMPLIANCE WITH
vi.Customer shall cooperste with Company in the installation,operation and/or FIRE ALARM STANDARDS OR SOME LOCAL FIRE CODES.AND THAT maintenance of me system and agrees to fallow all instructions and eTOMER'S OBLIGATION TO COMPLY WITH SUCH STANDARDS
procedures which may be prescribed for the operation of the system, the
rendering of services and the provision of security for the premises. AND CODE3. CUSTOMER ALSO UNDERSTANDS THAT IF THE ALARM
vii.Customer shall pay all charges made by any telephone or communications SYSTEM HAS A LINE CUT FEATURE,IT MAY NOT BE ABLE TO DETECT
provider Company or other utility for installation,leasing,and service charges IF A NON-TRAOITIONAL TELEPHONE SERVICE LINE IS CUT OR
Of telephone lines containing Customers premises to Company. Customer INTERRUPTED,AND THAT COMPANY MAY NOT BE ABLE TO PROVIDE
acknowledges that alarm signals from Customers premises W Company are CERTAIN AUXILIARY MONITORING SERVICES THROUGH A
transmitted over Customer'S telephone or other transmission Service and that NON-TRADITIONAL TELEPHONE LINE OR SERVICE. CUSTOMER
in the event the telephone or other transmission service is out of order, FURTHER UNDERSTANDS THAT THE ALARM PANEL MAY BE UNABLE
tliscannacted, placed on 'vacxl or otherwise Interrupted, signals from TO SEIZE THE PHONE LINE TO TRANSMIT AN ALARM SIGNAL IF
Customers alarm system will not be received by Company,during any such ANOTHER CONNECTION IS OFF THE HOOK DUE TO IMPROPER
trite went in telephone or other transmission service and the Interruption will CONNECTION OR OTHERWISE.
not be known W Company.Customer agrees that in the event the equipment G. Verification; Runner Service. Some jurisdictional may require alarm
or system continuously transmits signals reasonably determined by Company verification by telephone or on-Site verification (Runner Service) before
to be false and/or excessive In number, Customer shall be subject to the dispatching emergency services. In the event that a requirement Of alarm
additional costs and fees incurred by Company in the receiving and/or verification becomes effective after We date of this Agreement,such services
responding b the excessive signals and/or Company may at its sale discretion may be available at an additional charge. Company shall not be held liable for
terminate this Agreement with respect to Monitoring services upon notice to any delay or failure of dispatch of emergency services arising from such
su
Customer. verification. Where Runner Service is indicatedch services may be
F.Communication Facilities, provided by a third party. COMPANY WILL NOT ARREST OR OETAIN ANY
I. Authorization. Customer authorizes Company, on Customers behalf, to PERSON.
request services, orders or equipment from a telephone Company,wireless H. Personal Emergency Response Service. If Customer has Selected
carrier or other comparry providing communication facilities, signal personal Emergency Response Services, Customer agrees that the very
transmission services or facilities under this Agreement (refered to as ' nature of Personal Emergency Response Services,irrespective of any delays,
Communication Company'). Should any third party service, equipment or involves uncertainty,risk and possible serious injury,disability or death,for
facility be required to perform the Monitoring Services set forth In this
SG0001 US.ENG(Rev.12/2010) Page 6 of 7 ®2010 SimplexGrinnell LP. All rights reserved
which Company should not under any circumstances be held responsible or upon notice to Customer tt Company's performance of Its obligations under this .
liable; that the equipment furnished for Pembina[ Emergency-Response Agreement becomes impracticable tlma to obsolescence of equipment at
Services is not foolproof and may experience signal transmission failures or Customer's premises or unavailability of parts.
delays for any number d reasons,whether or not our fault or under Company's 26.No Option to Solicit.Customer shall not,directly or indirectly,on its own
. dIMdIltaMuiF9� ennv providers to arrive behalf or on behalf of any other person,business,corporation or entity,solicit
al the Premises andlo to transport any person mqulu�nng 7I l.IfeE171S° PEIPI�R�R}i6ingwn�tnrlpkrf rarm�nsr Y�tldAFW " `�•�„"„
unpredictable and mat many contributing factors,Including but not limited to his or her employment with Company, for a penotl of Mro years after the
such things as telephone network operation,distance,weather,road and bemc termination of this Agreement.
conditions,alarm equipment function and human factors,both with responding 27.Default,An Event of Default shall include 1)any full or partial lerminadon
authorities and with company.may affect response of this Agreement by Customer before the expiration of the then-current Term.
78.Limited Warranty.COMPANY WARRANTS THAT ITS WORKMANSHIP 2)failure of the Customer to pay any mount within ten(10)days after the
AND MATERIAL, EXCLUDING MONITORING SERVICES, FURNISHED amount is due and payable, 3) abuse of the System or the Equipment, 4)
UNDER THIS AGREEMENT WILL BE FREE FROM DEFECTS FOR A failure by Customer to observe,keep or perform any term of this Agreement;6)
PERIOD OF NINETY pfl) DAYS FROM THE DATE OF FURNISHING. dissolution, termination, discontinuance. insolvency or business failurepursue
pl
Where Company provides product or equipment of others,Company will Customer. Upon the Occurrence of an Event of Default.Com may ay
warrant the product or equipment only to the extent warranted by such one or more of the following remedies, 1)discontinue furnishing Services,2)
third party. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY by written notice to Customer declare the balance of unpaid amounts due and
DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT to become due under the this Agreement to be immediately due and payable,
NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY provided that all past due amounts Shall bear interest at the rate of 1 t6%per
OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE month (18% per year)or the highest amount permitted by law, 3) receive
SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR Immediate possession of any equipment for which Customer has not f aitl. 4)
proceed at law or equity to enforce performance by Customer or recover
EQUIPMENT,IF ANY,SUPPORTED HEREUNDER.COMPANY MAKES NO
AND UNDERTAKES NO damages for breach of this Agreement,and 5)recover all costs and expanses,
WARRANTY OR REPRESENTATION, Including without Ilmomfion reasonable attorneys' fees, in connection with
OBLIGATION TO ENSURE BY THE SERVICES PERFORMED UNDER THIS enforcing or attampling to enforce this Agreement.
AGREEMENT, THAT COMPANY'S PRODUCTS OR THE SYSTEMS OR 48.One-Year Limitation on Actions;Choice of Law.Itis agreed that no suit,
EQUIPMENT OF THE CUSTOMER WILL CORRECTLY HANDLE THE or cause of action or alter proceeding shall be brought against either party
PROCESSING OF CALENDAR DATES BEFORE OR AFTER DECEMBER more than one(1)year after the accrual of the cause of action or one(1)year
31.1999. after the daim apses,whichever Is shorter,whether known or unknown when
19,Taxes,Fees,Fines,Licenses,and Permits. Customer agrees to pay all the claim arises or whether based on tort, Agreement, or any other legal
sales lax, use lax, properly tax, utility tax and other taxes required in theory.The laws of Massachusetts shell govern the validity,enforceability,and
on cnection with the equipment and services listed, including telephone interpretation of this Agreement.
company line charges, if any. Customer shall comply with all laws and 29.Assignment.Customer may not assign this Agreement without Companys
regulations relating to the equipment and its use end shall promptly pay when prior written consent.Company may assign this Agreement without obtaining
due all sales,use,property,excise and other taxes and all permit.license and Customer's consent.
registration fees now or hereafter imposed by any government body or agency 30.Entire Agreement.The parties intend this Agreement,together with any
upon the equipment or its use. Company may. without notice, obtain any attachments or Riders(collectively fine"Agreement)to be the final,complete
required permit, license or registration for Customer at Customers expense and exclusive expression of their Agreement and we terms and conditions
and charge a fee for this service. It Customer tails to maintain any required thereof.This Agreement supersedes all prior representations,understandings
licenses or permits. Company shall not be responsible for performing the or agreements between the parties,written or oral,and shall constitute the sole
services and may terminate the services without notice to Customer. terms and conditions relating to the Services. No walver, charge, or
20. Outside Charges. Customer understands and accepts that Company modification of any terms at conditions of this Agreement shall be binding on
spedfically denies any responsibility for charges associated with the Company unless made In writing and signed by an Authorized Representative
notification, or dispatching of anyone, including but not limited to fire of Company.
department.police department,paramedics.doctors,or any other emergency 31. Headings. The headings in this Agreement are for convenience only.
personnel,and if there are any charges incurred as a result of said notification 32, Severabllity. If any provision of this Agreement is held by any court or
or dispatch,said charges shall be the responsibility of Customer. Other competent authority to be void or unenforceable in whole or in part.this
21, Insurance. Customer shall name Company, Its officers, employees. Agreement will continue to be valid as to the other provisions and the
agents,subcontractors, suppliers, and reprewmalives as additional insureds mmainder of the affected provision.
on Customers general liability and auto liability pdidas. 33. Electronic Media,Customer agrees that Company may scan,image or
22.Waiver of Subrogation. Customer does hereby for itself and all other otherwise convert this Agreement Into an electronic formal of any nature.
parses claiming under it release and discharge Company from and against all Customer agrees that a copy of this Agreement produced from such electronic
hazards covered by Customers insurance, it being expressly agreed and format is legally equivalent to the original for any and all purposes,including
understood that no insurance company or insurer will have any night of litigation. Customer agrees that Companys receipt by fax of the Agreement
subrogation against Company. signed by Customer legally binds Customer and such fax copy is legally
23.Farce Majeure.Exclusions.Company shall not be responsible for delays, equivalent to the original for any and all purposes,including litigation.
Interruption or failure to tender services clue to causes beyond Its control, 34.Legal Face.Company shall be entitled to recover from the Customer all
including but not limited to material shortages, work stoppages, fires, civil reasonable legal fees incurred in connection with Company enforcing the
disobedience Or unrest, severe weather,fire or any other cause beyond the terms and conditions of this Agreement.
control of Company. This Agreement expressly excludes,without limitation, 35 License Information (Security System Customers): AL Alabama
provision of fire watches; reloading of,upgrading, and maintaining computer Electronic Security Board of Ucensure 7956 Vaughn Road, PMB 392.
software; making repairs or replacements neceselleled by reason of Montgomery. Alabama 36116 (334) 264-9388: AR Regulated by. Arkansas
negligence or misuse of components or equipment or changes to Customers Board of Private Investigators and Private Security Agencies,pt State Police
premises; vandalism; power failure; current fluctuation; failure due to Plaza Drive,Little Rock 72209(501)618-8600 CA Alarm company operators
non-Company Installation;lightning,electrical storm,or other severe weather; are licensed and regulated by the Bureau Of Security and Investigative
water, accident; fire; acts of God; testing inspection and repair of duct Services, Department of Consumer Affairs, Sacramento, CA, 95874. Upon
detectors, beam detectors,and UVAR equipment; provision of fire watches; completion of the installation of the alarm system,fine alarm company shall
clearing of ice blockage; draining of improperly pitched piping; battenes; thoroughly Instruct the purchaser in the proper use of the alarm system.Failure
recharging of chemical suppression systems; rebating of, upgrading, and by the licensee,without legal excuse.to substantially commence work within
maintaining computer software; corrosion (including but not limited to 20 days from the approximate data specified in the agreement when the work
mlcroo-t acledally induced corrosion('MIC"));cartridges greater that 16 grams; will begin is a violation of the Alarm Company Ad:NY Licensed by the N.Y.S.
gas valve installation;or any Other cause external to the Covered Sysleri Department of the State:TX Texas Commission on Private Security,5806 N.
and Company shall not be required to provide Service while interruption of Lamar Blvd.. Austin, TX 787524422, 512424-7710. License numbers
service due to such causes shall continue. This Agreement does not cover available at www.simplexgrinnell.com or contact your local SimplaxGnnnell
and specifically excludes system upgrades and the replacement Of obsolete office.
systems,equipment,components or parts. All such services may be provided
by Company at Company's We discretion at an additional charge. If
Emergency Services are expressly included in the Service Solution, the
Agreemer price does not include travel expenses.
24.Delays. Company shall have no responsibility or liability to Customer or
any other person for delays in the installation or repair of the System or the
performance of Our Services regardless of the reason, or for any resulting
consequences.
25.Termination.Company may terminate this Agreement immediately at Its
sole discretion upon the occurrence of any Event of Default as hereinafter
defined. Company may also terminate this Agreement at Its sole discretion
SG0001 US.ENG(Rev. 1212010) Page 7 of 7 ®2010 SimpletrGrinnell LP. All rights reserved
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iService Solution
Customer.,.Palm Springs Airport SlmplexGrinnell
Date;05-APR-12 Sales Representative:
Proposal#107162 AMIELHOFFMAN
Term;01-APR-12,to 31.MAR-13 10282-6TH:ST
RANCHO CUCAMONGA,CA 91730-0000
smnotfman@simplezginneli:com
.Billing Customer: Service Location;
Palm Springs Airport: Palm Springs Airport
3400E TahquitzCanyon Way 3400ETahquit2 Carryon Way
Attn:Ca-1 Attn:Ce-1
PALM SPRINGS,CA 92262-6970 PALM SPRINGS.CA g2262.6970
INVES7MENTSUMMARY
SmivicelProdaqt Doscriptlo Quantity Frequency 1nvvestment
i Recurring:Annual Investment
Fire Alarm Test A Inspect-Panet:Parts and:Labor $8,658.00
Only
SIMPLEX 41000 SYSTEM
Main Fire Alarm Panel 3 Sen*Annuai
SmokeSenscrAddressabie 72 Semi-Annual
Heat Detector Restorable 3 Semi-Annual
Duct Sensor Addressable: 11 Semi-Annual I
Pull Station 18 Semi-Annual
Audio-Visual Notification Conventional 75 Semi-Annual
ALARM&DETECTION-MON)TORING $420.00
SIMPLEX 4100U_SYSTEM
Fire Alarm Monitoring Basic Service(Up to 1
r100 Devices)
Total _ $g,OT8.00
Excludes applicable Sales Fax
Service.Solution Valid for 4S Dags
5G0001 US.ENG_(Fiev.12f2010). page l of 02010:8h*.YGrinM9 t:P. Nlrights merved
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SimplexCurinneft BE sA FE
SUMMARY OF SERVICES
Fire Alarm Test&Inspect-Panel Parts andLabor Only•SIMPLEX PRO 41000 SYSTEM
FIRE ALARM PANEL COMPONENT REPLACEMENT FOR.LISTED FIRE ALARM SYSTEMS:
i - Panel component replacement covets maintenance and component replacement on the central processing unit,to
include reprogramming of system due to failure,replacement of circuit boards,and all components in the control
panals,annunciator panels,transponders,printers;keyboards and monitors associated w th system.Replacement
of the entire fire alarm panel,faulty wiring,ground faults,software updates and peripheral devices are not covered.
TEST AND INSPECTION OVERVIEW:
SimplexGrinnell trained technicians Will perform inspections and diagnostic tests forthe accessible peripheral
devices listed and currently connected-to the fire alarm system.Tests will be scheduledin advance.(See"List.of
Equipment"page:forequipmPrit to be tested)
DOCUMENTATION:
Accessible components and devices logged for:.
-Location of each device tested,including system address orzone location -
-Test results and applicable voltage readings
-Any discrepancies found noted(individually and on a separate summary page)
inspection:documentation provided to Customer.NOTE:Certain additional services may be required by the '
Authority Having Jurisdiction(AHJ).AHJ or intemal organizational requirements may be:more restrictive than
state/provincial requirements.Building ownersand managers should make.themselves aware of applicable codes '..
and references in order to ensure that contracted Services fulfill requirements.
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.Emeraencv Service(Alormal Working Hours)
i Emergency_Service(Provided during normal working hours,Monday-Friday excluding SimplexGrinnell holidays). f
This service includes labor,travel,and mileage charges for repairs associated with normal:wear and tear.Standard k
service will be provided.`Within 24 hours of notification Monday through Friday,excluding.SimplexGrinnell,holidays,
unlessotidinedin tht i agreement. ._
NOTE:Customers with Platinum,Gold PartslLabor-or Gold Labor will be invoiced at standard (normal working
hours)labor late for billable after hours service calls. _
SERVICE COVERAGE-
Silver Serviro Plan-Labor charged at standard service ratesup to end including overtime.
Gold Pars Service Plan-Panel Parts included. dibor charged:at standard service rates up to and Including
overtime
Gold Labor Service Plan Panel Laborinciuded.Parts not included
Gold PartslLabbr Service Plan-Paris and Labor included on Panel only
Platinum Service Plan-Paris and Labor Included on covered system
.Fire Afann Monitoring B:aslc Service Wo fe-100 Deviceyi I
Alarm signal initiated by a fire alarm control panel.Central Station will endeavor to notify ftie
fire department and Customer when an alarm or trouble signal is received,This service Includes 1-.800 toll4ree
signal transmission,24 tiour autotiialer test.and n6iification.ofCustomer-provided Emergency Call UsL i
SGOeei US.Et.'G:4rtev:1.201e) page ld S. 020105irrplexGrNneA LP:Ail rfghts reserved l�
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S3/dlplew!arInnel/ BE SAFE.
SPECIAL PROVISIONS:
The annual coetincludes Fire alarm testing,maintenance,and monitoring.
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eGWet US.ENGjRev.12/20103: Psge3aia tQ 2DS681mpieX6Amf1egLP. All Hghb rved ff
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SI MYd9leXOP7Bdi ell 8E SAFE_
Service Solution
This Service Solution(the"Agreement*)sets forth the Terms and Conditions for the provision of equipment and
services to be provided by SimplexGrinneli LP('Company")to Palm Springs Airport and is effective 01-APR-12 to
31-MAR-13(the"Initial Term").
PAYMENT TERM:Annual In Advance.
PAYMENTAMOUNT: $9,679.00 - Proposal#:
107162 -
CUSTOMER ACCEPTANCE; In accepting this Agreement, Customer agrees'to the Terms and Conditions-on the
following pages and any attachments or riders Attached Hereto that contain additional terms and conditions. It is
understood that these farms and conditions shall prevail over any variation In terinsand conditions on any purchase.
order or other document that the Customer may issue..Any changes In the system'requested by the Customer after
the execution of Agreement shad be paid for by the Customer and such changes shall be authorized in writing.
ATTENTION 1S DIRECTED TO THE LIMITATION OF EIAOILITY, WARRANTY, INDEMNITY AND OTHER
CONDITIONS CONTAINED IN THIS_AGREEMENT.
Customer: SimplexGrinnell:
Signatures AMIE,HOFFMAN /
Print Name: Phone#: �—
Title: c'tTy �ir/''pGN��Fax
6
Phoned: License.#:(Irapplicable)
Fax Authorized.Signature:
Email: Print Name:. -
Poo. -
_� {
pate: pate:
I I(
l APPAOYEO AS TO FORM
ZtdD
City Not to Exceed $ / 0 7J*, ='
A� y Without The Express Written
am Authorization Of The
Manager City
ff�
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i$GO001 0a.ENG'(Rw..1=Q10) Page 4 of a 40 M10'shplexGrtinell M. All rlghty reserved'
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TERMS AND CONDITIONS bushood,Interruption,knees, sustained by amber parry or Iha'v annotation
i.Tarm.The lnflual Term ofthisAgoomentahapwmmmesson the datoofihW employees.reaching.from an activity Neutral from ari of Terminate'as
Agreement ant continue(Dr the period Indicated A this Agreement. 4&diaw defined in 6 C F.R.262.wMn GATT have been deployed in defense against.
response At,or recovery learn such Attef TemvtSm.
eA"•"•••• - " -"` s -_ — W P 7.IndeAM1W Customer agmes to Ndemni(y,hold harmless and defend
rasool. CompanY e9aN4at am and ail losses,damages,watt,Including expert
tees and costs, and expenses Including raneonable distant..cash,
2.Payment Payments shop be Invoked and due h,acmaianm with Am terms arlefng from any ark all third party claims far pemonal Injury, death,
UM condition-Set tanh in this Alreenant. Work",formed an s,One and property damage or economic lose,arising in any way from any act or
MSOFlal basis shall he at the themprevaiing Company mte for material,leisr, omission W customer eaCowysaayrelaUn9 In any way be Mn Agreemebt,
and related dams,rneHeet 81 the lima suppled UMe Nis Agreement, Including Claims
but net limited to the Services underthto AgrnmenL whether
{ 0. pricing.The prong eat(o6r r this as semen)a based g the wmDm or limit claims ore based upoe wnimd.warranty tor[lily at
but not
.;fuel and Serovev m be pBied ar- lie eel faith, e In fins Agreement phan limited to ahlYa of paedve negligoee) chid lability or otharwlsa.
aO(ual nNMa•of devices inS[aNed orsenvims e be pedwmad b wester Nan
Nat sat lodt in due AgaemenL Jae prim viol be Irtef¢a&W aovrdvg
ly. . W , whWee n mi dLC
Company may faience prices upon bdim lO No Curiomer oramuatty to defense Of Company with respect to Monit'ming Services Is set forth In
roand 1paeasw N maleHNarklebrmels.ClialOnref agrees to Paya4 mxas,, Section 17 of this Agreement.
pMnity,erq oilier drurges,ImluGep toted not Paa1W m sore antl iocd sales S.GetreNl Proviahms.Customer has selected lhioswroe band assumed after
cod axe;e taiuis,ursfaWron Cr arazrn Pernills,lalea alerm asaekimenis,-.a cunsdemty And beancing various law ar Of peblaelkn afforded, and more
any dwrgee irD'posM by Brnf gavarnnrenl body.nowmer designated:WWetl a related costs. Cusem d acWwwlepgM ad'agrees Nat by this Agmenvoca.
broad do Nv saws finales punlant to Vita Agreement. The Cusigmees
j fdlwem emke paynrerxwnen bueu amatedal beanie ofWSAgaoinenc Company, tender
a.AAMOOy syste doesOff NX undertake Yeanya compliant,
to
4.Cotlo CompLlance.Canpam'does end urtertako an obsgalmne mapem rnakaam of mean.Cusemeof system y ante;du as oces ing f cOlan m,
water,step mean,capable m er 31U SM AM Nei,Processing of calendar
for wmpinnce vnyD Igws or rBPUlsaorn unless sPwfiallY rialetl a IM1k Bates Define a after December 31, 1939. N wok e be performed by
Agreement. f!istanm ananmtebpes Nat the Aphofly Havug duds4Nion Company WN be Performed timing;riwnal working hours of Parma wurxerg
{eA-Fire Marshal}may eNadiah addRargt reguhmmts for Mrnppenm wah .days(600 a.m,96:00 pn.),Monday Ihmugn Friday. alluding Company
an submarine
Any 0Cusmt a r. or gmdpmpnl regwred WN Oe lvovNdd at holidays).As;dedn�.by Company, unless atld:bimal limes are spaOGcapy
5.an aeddgrial Mar a Customer. bottomed in that Agreement, All wont pedonned UdarSAddetl unitsa
that
t Compan'Of Orion,taldiRylo Limitations of Remedy as CUa 0 er untlantanda amemLsa speahab In'llbs Agreement. AppbinNnnle acheduwal IV fountour
that Company en Several levels d mor Adis,eaMws ark NatNa level .wlpoovv, Adddhional charges may apply for Special sChudkiing m4uesaL e.g.
delousedhasbeenct,WenbyoO andthreMr pOnsidednitanG:balantrg \tbeWtgerotmd egdpimm6tUtpwlie,aflet hovrswodL
,va
andbUe rge d bf theI Cuss merthd and u looted Nora. R Is mmien2V0[I CDn!I811y w1h perform the sorwas described at the Selya SdABdn("gaNI xis
one agrRed'Cy the Customer That Camparry le.not an insur8r and Nat
r}fphe Al warble CCQwmmentssVxir). N ESSeMmSdWoE
inaunnoaovomgo,Compny,any
y firileaaferam bell
the on Me velustl Net SPECIFIED Ne d THIS AGR AGREEMENT,
ANY INSPECTION
UNLESS DinEJREOS
amount AraPayl Ut6 to Aetna
Of Iyhemmdefem ton chi upon entua d the TESTING)
PR THIS D UNDER THIS AGREE ENT (AND;NOT
INCLUDE
services and the aaopp of a Cin set rode In this and
the roand aft TESTNG}PROVIDED UNDER THIS AGREEMENT GOES NOT INCLUDE
umaktetl to the value of the CuWgmeYs.prepdry and tM1c progeny of ANY MAL R'MYNFIE, REPAIRS, ENTEcWHAT S,WHATSOEVER
NOR
OF
IT
oNeN iwslM.an tap,promises. 67f PARTS,OR ANY FIELD ADJUSTMENTS EFICIEEVEW, Nat DOES IT
COMPANY
THE CORRECTION OF ANY SHA-1- N T B IDENTIFIED BY
FOR EQUIPMENT
M CUSTOMER.COMPANY SHALL NOT BE NY IS IN RESPONSIBLE
WP 'eN1u Comp3rry FOR EW�MENT FAILURE OCCURRING WHILE COMPANY 1S IN THE
make6 ra guaran(y or Warranty, mcmdea any Implied warranty of PROCESS OF FOLLOWING ITS INSPECTION TECHNIQUES,WHERE THE.
t memho, tabolty ar Faneare for a Particular purpose that equipment Or FAILURE ALSO RESULTS FROM THE.AGE OR OBSOLESCENCE OF THE
services supplied by Company wild datact or avert oequreencea or the. ITEM OR DUE TO NORMAL WEAR AND YEAR.THIS AGREEMENT DOES
consequences therefrom that the equipment or service was destipwa to HOT COVER SYSTEMS.EQUIPMENT,COMPONENTS OR PARTS THAT -
detect or abort. pis impractical and eatrekely diRfeult to fix the actual- ARE BELOW'GRADE,BEHIND WALLS OR OTHER 085TRUCTIONS OR
damages,if selneblim may pmxlmdey result frmd failure on the:Part of E%TERIORTO THE BUILDING,ELECTRICAL WIRING.:AND PIPING.
Company to perform any of Its obligaHorts untler Nis Agreement. 9.Customer Responsibllrtmx Grimmer share mgUkvy 1041 the System(s)in
Accordingly, Customs, *am. real, Company shell 6e axo Pt from aMmdamm wFA applicable War And manulacturace and Ccimpany's
Lability for any toss,damage or Injury arising'dh'acty of indlreHN tram rommmendmions.Coolant r chap promptly nowcompany a any medundiw j
occurrancey by the consequance3 therafri m;whichthe equlpmpnl or In the Covered Synlvm(s) which.comes InCusemeys Abandon, This
j service was designed to detect Or avert, Should Company be found Agreement assumes. any ¢swung 'symem(s) ant N operational and
liable for any loan, damage Or injury arming farm a failure of we maintamebia mndtloaers alma AOmsmant date•14 upon.Inspectlort Company
equipment or se ombe in any respect Compblty's tfadlllry far Is Mass 7ditahnnews That rexim,am recommended,repair charged vAll be submlled for
Performed can site at Cuslamars premises$6911.be limited to an amount aDpmval my Cushmei's on-site mprestrteUva prior 10.watt Should such
equal to But Agreement price(as Inaaaseb by tot price for any additional mpae work be docined,Company shop be relieved tom any and all FabilTy
wpmoA Where the time mad makshil -adeirg tDmehaN:
Payment ann IWhere taei Cutuornee fuller agrees to:
AQ—Mlcm time and 0h, this,
payments U Cwnped t 111.4m Nis
Agreement coven mdlppi6 mints,liability neap-Da limited to N08hrwai Rtvte Company deal aOxss to Covered Sya!em(a)coda serviced i
of We pay}pems allomble [a the sRB wtaeN the Incldant-occurred - Including.C bpplleaNe,'Gh k-Jim Or othtt equipment needed m reach l
Company's Iiabrlrcy with m6pwt b Monitorirrg SOTVICe6 is Set TOM In rgUYaukk ggwpm";
9ectloR tP of thk AgraamenL Such sum step be comyiem and
exdusivB, H Customer deslras CaoPW to admire treater lGbilNyi me SuPpy sUbable aledriad service,Met hOoLba:ng SOOdUsi watersuppty,
parries ahail amend Nb Agepment by abaethgeddersetNg fodhshe ;and mcireb system schemaees and/or dravYBngs;
amount of-ad&ifonsl liabi0ry arW tine atldipbnM amount 1>ayabis:by this- . 'NogfY All requiredparaxRls,inpodrn bid mat anted p auU,mP!es-amain;. ;
CuatooNr roc Lee assumptbn 0Y'COmPany of suer gmatar 11abwity, }Ud idlbeon, errploymis, and monitoring saryices: vl schadaw fain {
prmWed however Uaat suet rider Shall In no meal'be NumtOted to fold adfampaha lye me. - ft
Camperryw an tesuror.IN ND EVENT sIIALt COMPANYGE LIASGE FOR
ANY DAMAGE,LOSS.UNJURY,'OR ANY OTNER-CWM AI7ASINGFROM Fmvuba60fewoM envnminvai i
ANY SFd2V1C1NG, ALTERATIONS, MODIFICATIONS, CHANGES. OR )
MOVEMENTS; OF THE CWERED SYSTEM(5}, AS HEREINAFTER- ' Ngrealem,ent to rotectomed try OrCwrsons[nal siLity,death, WiLb,aside apeop a
i)EFINED,)PAI OF ITS COMPONENT PARTS LI THE FOR IND R OR, damage an m prone age est sores i m he Cover, Sylar property
ANY MA PAOR COMPANY NTIAL NOT AI LIABLE FOR INDIRECT, damage and continue cunt mepeurw anal he,Cwarpyf tyystem(s),'are
INCIDENTAL OR CONSEQUENTIAL DAMA'GL5 OF ANY KING,: 0pernioaal,end �
INCLUDING BUT NOT LIMITED,, 0 AGES ARISINO FROM THE USE, Canply WAN cep laws,codes,and regulations pertaining to No emupmem
LOSS OF THE USE, PERFORMANCE,OR FAILURE OF THE COVERED amVa esrvkw proeitled radar WeogY@Rmenl.
SYSTEN(S)TO PERFORM, TFrc I(mimtions o/IfabiiRy set forth In pm as Ibis Customer reaards and warrants that a h Ilia not in aumortur Use.
Agreement shot[ more to the benefit Of cep Is nN, subsidiaries and Services in be performed as net forth in this Agreement.
b1idatae of ComPany,Whether dhtttor.IndhaeOl.Company's employees, I Repair Services,Whore Customere%desslyindudes repae,zplacanant, 1
agents,officers,ark dheclom. rawemergenOy fespbnse services In the 9ambe Solution section d Ws i
& Recimobal Waiver of.Claims(SAFETY Act). Comm of Co PWY's Agreement,mute ssnims apply only to Um Oompdnents of a war wt of am
systems And cervices have received Cemarat-pn sdQmr Ow abon as '
'Dn Covered Syslan(s}.Customer agrees N naturally request repak sarvkes In
Qualliu Ar,D Tesrmum TedN,omgies ('tYuTT') uritlet flu Support Ne_evem the Systam becomes Inoperable O.61wrrdse requires apart The '
AnfiJerronsm by FnsteNit r*cM Teetexamoff.A0.ar 0 2,a U.3.G§§ Agdemenm pry boss not' mdube mpw. m-Me Covered Sysmm(s) i
"1.4"t1h0.SAFETY hcr}As requred under a CFR 2&S(sL m the 104C, Mod by Company as a-read afar mapelfon,for wbxii Company
maxmxxw adept peankod by ktiV,Cavpany set Custanmr heiady Agrees to WIN submm kltlepeiitlenl genre;to tLblOmer and es b vriueh company willed)
Wove NMr r(ghFtm eeexeaMdaims agavud the oV.arfar dry keens,eAudng Proceed thus Ca6lomaraupwC¢esdufi wink nit apmwea:thepncjrg,Repair E
SGOMI US.ENG(Rev-1212O:1D) PSgra5afa 02G1OiShelffaxGdruiellI.P.All aging scarred
{
i
i
Of feplacei of nonmdntimabie palflofms CWeftd.Systems)InGWirg, fo.Yewhg shall apply to aorh services:
but not tmood b,Unit WbM.ta,Intuition ma*al,electrical eking,&NdYrel A. Alarm Monitoring 6aNIcR..Outdone,agrees,and aoknOWlenaw that
supports,and all Whernommoving pare,Is nekmpVtle!under thisAhospreal. Companys sole and only obligation sexier this Agraamenl shall be W PMV*
11.Syause Equipment.The pufdsasa of equipment or peripheral teviue, alarm morikong nntifcabon,lamor-Runner somms as set form in into
,including bra not limlled'to smoke detectors,Months inhmrod defectors:card Agreement and o andaawr to nobly she oamygni Menlloed by Coslom, r on
rwoars. sprinkler system components, exthIrdshem and hoses) tram me'CulanyCerl Lla("Contects'l.antiaw Local Emergency Disaetw Numbers
Company mat bo subled to Me firma and cpositions ofthls Aimernal II,in for rospon i g asmorew Upon hoopla of an alum signer.Company may,at
- Company§sob judgment,so peripheral damn or other system equipmem,, our sole dlsceten,attempt to noUly the Contacts to vshty the signal Is riot
Width is upload to the Coveted Sy6Wm(s),sh nne:P Mided by Company, false.If vre Not b notify the Carbide or question ON reapon6¢we reeelve,,we
Cvakmer or a mwh party,mla ose Weh me proper operation of me Covered will attempt IN natty the fespolfifing aummly in thseuent Company re o N,a
Strome).Ovdamor shall romove or replxe sonch device or equishom opawspry sigrle ortmuble egret.Commany shollendemorlo promDtlyholy,
prompey upon mope from Company.Fallum m CnsWma W rani¢or ixplam one of me OdUncb.Company oath not be responsible for a Compete or
to device stet complete a mffiansl branch of No Agno ment.If CUSloinar responding autbody's refusal to ad nomledgemospond M. Companys
adds any mad-pady dewm-im o g.ipment W.ON Covered Sysfil Company nofitmaons o(redlpt of an all.d9ral,Aprpmq C.Pay be mgUkad to
doll not:go responsible b avy damage toafirkl of the Covered System(s) make additional Applicatios because of such refusal. The Contains are
mused in Ohio.orin peribyeude device oregd'pmort. amhonzmd W ad on Chaoma s--behalf and. if 0 deSgnated on the
12. Venom, Where mpection Mndkr Not nh xw are opposed. such -Conod"Call List ON,authol,zed 0 board.an'ANN,Mar to me ra9ficafen of
rasp rdim;and o,led pope be cpmplaed on Comperys than diirent Report authorities Customer u ionexcands Mat local lees,ordinances or potties may
form.Wish shall be glum to Customer,and,where spplmble,Company may. mind Company's Moldy to Mande;the alarm monitoring and MoScaton
aVbmit'a wpy thereof to ma low]aulhofEy,havingdudsdis on The.Report and Samoa de$aPb d h thb Agreement and/or 000 ftam mad fled w addiG NI
roWmini;rwd)orha by Comparry'@rp only etivisoryin palWM.omtlata hlWpded'to. services and lossid ohages b,Customer. Customer understands that
assist Customer In reducing the risk of loss is p Waryby Indicating Omoom Company may employ a number of 1rblusky4ecogNied measures W help
defects of knpairfwnls f chro to the System and equipment inspected:indoor mdube occumencaa of fake alarm sigrwl adivatghs.These maoauma may
tested.Theyare not mordwd io imply that n,otherdofegs or Nzards exist or 'include,but ore ail Braked to,gnpemeotallo of industry?eengnlzed:defauh
mat all witless of the Covered Sy6km(3),equtpread.'Ord components are 'settings;imp oonsmatlon of-weael dear time pypde.paicadisex at our alarm
under comae W Me time of inspection.Final responsibility for the i andlnon and moneohng sense and tither Simon measures at our able mscretot from time
operation of the.CoVared Systil and equipment and mmpaneas Was with -W rime THESE MEASURES CAN RESULT IN NO ALARM SIGNAL BEING
Customer. - -SENT FROM AN ALARM ZONE IN CUSTOMER'S PREMISES AFTER THE
13. Availability' Not Cost of Sleet Plastics 8 Offer Commodkfes. 'INITIAL ALARM ACTIVATION UNTIL THE ALARM SYSTEM IS MANUALLY
Company abali.ram be responsible for failure W Provide sorrows.-deffo r RESET.Upon re silvi g korMw M from Company Nat a Are w gas selomon
products wotnemim Pe moo aces required by this Agreement due to lank of (e.g.nrbon rogue ds)signal has been received.me negiondng aeliori y
Mailable said produce or Products made from pfastca w dhes Wranpdide% may,Ready emerthe premaas.Witter radio Unit Iast Wonshivam,g provided
(1)In ma went Company no unable,after rile cemnemlel egone,to under this Agreement. provides Only the:abWe W the aeacbr Nick,Ohara
aoquke aid prison stem Products,or prod4dibrpatle Rion pWstds err omen current signel'ug Mostly at Me die sties feet commiagmtlon bend on consist
carroodifice, V reµmed to podom wok muded by this AkyeemetiL Programmed intmaia arrd doeshotn serve W dated the Won"less of mdlo
Customer h,"agrees mat Company may larrhimW the Agmgmh 1.or the is.v m at me lire of an adnal emag inty event Company of no he
relevant patios of me Agreement,rat no-ada`6oiWt:coN antl VnUfoukpondly: responsible W provbenonaa)ng SeMms eater this Agreement Orion and
CucomaTagreec to pay EompaM'In Ill brad nal(Padame0 Up-W ge:Ame until me comnakml®Ion Ikar betrown Customers mahows am Company's
a ero sUgttarinmAton., )IfCcunpany Waide to obWnlfiesred products of MwyWring Cella has been Wsitl. SUCH SERVICES ARE PROVIDED
poducs made from pM6hca or otter mmmpNtiex but U+a pike pfanyof:the WITHOUT WARRANTY,EXPRESS--0R'IMPLIED, INCLUDING etch N07
pmdupe ass risen ply mite men 1d96 Thom ill a:a-Otto Wd,Dmposatprdata IIMITEO TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR 1.
Company¢katiu" this Agm.-fie t.whknevm owirrad'Gm{,men Company FITNESS.FOR A PARTICULAR PDRPOSE,
may pass M.0 thab.naeese mmugii a reasonebk pdmeoeee is retecl' a Limitation of Liability; Limitations of Remedy.Customer undenelands
inaeaeadmel of matsnals. that Company offers Sao"levels of Manton g.Salmon and Out the tavef
td,CoaBpeh.Space.It access to confined-subce,tryCompany is required for described has been chosen by Cu itemer after considering aM balancing
the perforvnance al Swiou,Somice,that:be sdwdukal and performed th various karate of promotion oHONed and their related coats. It Is understood
acgaNapse Wltfi LbmpanYsih¢nrutrent hourly,rare. and agreed by the Contemn that Company is not an Insurer and that
15.Hanson.Materials.Cusiomer repmaeins Met,.except to AN,ex'snt that -Insurance covemAs,if any,shag be obtained by me Customer and tot I
Compares has:teen group wdtian nobm of to falkedi hazuda Prior to me -amounts Payable to Company haeumder arm based upon the vows of the
1 exenp®n of Nis Agrearsoa,to Me best of Ckalbrefs linwhudget them is no: Monitoring Swine end me scope or llapilly-no forty in this Agreement
'PUPA confined spaw.'as dagried by OSHA, are are amreeled to the value of this Customds.Property, and Na
property of others insisted Ma tare premises. Customer agrees to look
Rotofinfapwmdiseem, miudvelytolife ULstwnrets Insvmr Nrecovar for Injures ordp ge In
the event of any lessor Injury and-Net Customer rate""and walla al
Naedtorair monlbnig,.resplramryyfdepfam,a.agrrrte.Veol risk, right of recovery against Cwnpany analog.by only of subrogotbn. !
Asbestos, aabeeWecontdnlrg me m tedet. 'Mssirtae. or offer Company makes no guaranty or warranty, Including any implied
poseentivxapanry of men.unmbllity or Amass for a particular purpose net
suffik elio the or ptheavue Ilazaldous mauled co or can la a an me equipment
sonata of ma a are Walla, mhnkin nedMlm li emir ed to be ur , sthe co emametl -t Cmfrom atlli defect m evert
turfs n,W at me area ny bWklig where vryM.la raguired to lea -oayloa ses or the to 6equenoee_onit. from that Lido equipment or
perfwmse.-ON is Alinement.liter eeryiu me the actidened m dated or evert. a m ih may car and eaUrhi i
1 Company the above ore might for month to a; '1(arardoua Cank%tiwu'. dorn,faiAicult to fa iha actual Of Co ea iTairy,emish may pf its menmal*result
,
pardo sow have me en to relyrely d Ant ompan nrotlons listed Morris,If hem falwre nd me part of C pont, A�to perform any:of its g emWNat.
hmardotrs conditions are encountered by Company deing tlx course of opGgatlons under this Agreemam, Acceftlingly,Customer agrees loaf,
ComPmys wdk,um dI sky of sups matelots-shall s- Mi fin event Company shelf be exempt hom liability for any loss,damage or Injury
beyorM Company's wnhof and Company shal.have no obligation W Water Mixing directly or Mi rutty from octummma, or the consequences.
perfomr in dW area where ma hasallot o paimsms exist vau Are:area has there from,which.the equipment or a etvbe was designed to detect or i been made safe by Otsbma,as cedMed N w Wing by an kakipwntleM WMipg avert Should Company the found liable for any lose,damage or injury.
agency,and Groomer shelf pay dbfupllbn ek'pensaa end rampMezatfan arising five-ZR failure of the equipment or sarvlee n any N sp rst;- i
'expanaesissetemmatl by C;cNpanYTNs Agreamct+tdoas-notProYmm forthe CompanyS,Rdafiry with respect to Monitoring Semide6 "a be the
NRDicaptpra,con ajifin t Or dapped!of aryti itlrxaa varstefilaleriak,Or lessor of#te annual fee for MonleoHng Servlbes allocable to me vie i
hasaldbua matecab,ism"red in any M'the:CGoarod$yet.[.)smuw- where the incident owshad or him thousand fivehundred ($ZM)
dung pertovamm of the Sadfboes.Said..Wrists Mail at oltmeemmzin the dollars.Stich awn shelf Be oamplete'and exclusive. It Customer desires
ruporebilly and p opay of Cu6lomeu CO*rq-anal eel o responsible for. company to assume greeter Ilepllity, me Pont" shaff amend mitt I
Me WdNg,ferriWel«disposel station hazardow matodes Agreement M anabhmg a rider siding form me amobht of adrAMOai !
<; IS. Remote Serino If Customer solids Remda Straw. Customer liability and me;Additional amount payable by me Custarelf for me ,
-; understands: and agrees that, while Remote Sevka provides for assumption by Company,of soon greater liability;provided however Net
communication resenting Customah fire dam sydam to Company v,a me snob rider shag W No way be Immalreted to hold Compant,as an Insurer. l
Internet Ramble SerAce does rat wnsm s,monitoring of the system and IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE LOSS,
Customer understands Mal Rands Gorvlm does rot ptovlda for Company lb INJURY, OR ANY OTHER CL JM ARISING FROM ANY SERVICING,
=fact the fire flowchart orogrer authwNsop In the WON ofa fire alpha The ALTERATIONS,MODIFICATIONS,CHANGES.OR MOVEMENTS OF THE
Cclvloma Understands met if It wishes to receive monitoring of pa Are alarm COVERED SYSTEIIt(S),AS HEREINAFTER DEFINED; OR ANY OF ITS
system and nedfisadon of the fire department or other;umpnges In the event COMPONENT PARTS BY THE CUSTOMER OR ANY THIRD PARTY.
of a fire stern,k must ailed monitoring serwoas as a nlarale s oosm under COMPANY SHALL NOT BE LIABLE'FOR WOBtECf, INCIDENTAL OR I
this Agreement CUSTOMER FURTHER UNDERSTANDS AND AGREES CONSEQUENTIAL DAMAGES OF ANY rdwo, tNCLUOINO BUT -NOT i
THAT THE TERMS OF SECTION ITS OF THI$AGREEMENT APPLY TO UNITED TO DAMAGES ARISI FROM THE USE,LOSS OF THE USE,
REMOTESFRVICE. PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S) TO
17.MonlWrmg SeMma.IfCustafrernas aelecgd Monllwng servkWs.the PERFORM. The Himhalbns ofhabltly'zatf.0 In this Agreement shall j
SGOOOI US.ENG(Rev 1712610) -Page 6of8 4D2DIO SimptexGrinneN LP. At rights reserved
I
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be.I,the benefit of all parents;wasialans.wit ammems W Cwnpwy, Cwwrwwmllon Company's 118blhty'a Hauled to the sasro select Cwnpahy+s
whWw direct or Indirect,Company's employe,,agents,oficars and lbbo H unifier pursuantio be.Section 17.
directors. IV.CUSTOMER UNDERSTANDS THAT COMPANY WILL NOT RECEIVE
C,idd¢mAgy,hormancoe:Customer agrees to tMMmnty,hold homeless Amid ALARM SIGNALS WHEN THE TELEPHONE LANE OR OTHER
defend Compgny ageing coy and eh bases,damapea,costs.fnc 4all epper, TRANSMISSION MODE IS NOT OPERATING OR-HAS BEEN CUT,
For.and deals,and asperses lndudng reasonable defgrrse wall,allehg from INTERFERED WITH OR IS OTHERWISE DAMAGED O,R IF THE ALARM
any,and W Mhd party users for penaonai injury,dead+,prepay demog0.w .SYSTEM R UNABLE TO ACQUIRE,TRANSMIT OR MAINTAIN AN ALARM
ewwmJc lees,.aching In any way,from any out or omission of Cues mar or :SIGNAL OVER CUSTOMER'S TELEPHONE SERVICE FOR ANY REASON
Company relating in any way to the Monitoring$ervioes provided un W this INCL,U.DING NETWORK:OUTAGE OR OTHER NETWORK PROBLEMS
Agreement.whetter such claims are booed open contract, mmemanty,led SUCH AS CONGESTION OR DOWNTIME, ROUTING PROBLEMS, OR
0ng1ugn8 but not forted to edive or passive'nogligBrydo) aidGl Woulry or INSTA8ILRY OF SIGNAL QUALITY.CUSTOMER UNDERSTANDS THAT
OTHER POTENTIAL CAUSES OF SUCH A FAILURE OVER CERTAIN
amenMae. Nemec-ehelfnema£tm+PSAVeTs- AAplsYess.->g TELEPHONE SERVICES (INCLUDING BUT NOT LIMITED TO SOME
TYPES OF D%,:AOSL, VDIP.DIGITAL PHONE,INTERNET PROTOCOL
0.No modlRBaYbn MadMc Up Sebtions 17 B or C mey only be maleM BARED PHONE OR OTHER INTERNET INTERFACE:TYPE SERVICE OR
RADIO SERVICE„INCLUDING CELLULAR OR PRIVATE RADIO,ETD.("
a vAu.amendment W this Agreanat signed by both pumice spedtwly NON3pADITIONAL TELEPHONE SERVICE-)) INCLUDE BUT ARE NOT
referencing Section 178 and1w C.and no such emencment.van be etfectva '(,MITEDTO:(i)LOSS OF NORMAL ELECTRIC POWER TO CUSTOMER'S
Vdecs appr.yed by the Manager of Compamye Central Monitoring Center, PREMISES(THE BATTERY BACK-UP FOR THE ALARM PANEL DOES
E Custohmer's Duties.;to addition W CusevnW.duly to ind rm lly,defend, NOT AILURES
and mdb Company hankerer;plxswntto this Section 17. SUCH ADA1OWER40DE MALFUHONE C110M SERVICE);AND,O ERUNDE UNDERSTANDS
I. laiatbever agrees to lumish the access and telephone numbers of oe SUCH ABA MODEM MALFUNCTION: CUSTOMER UNDERSTANDS THAT
COMPANY WILL ONLY REVIEW THE INITIAL COMPATIBILITY OF
persons euplprired In War or hemeM an Cp5[GmefB prmtses.aim),that CUSTOMER'S ALARM SYSTEM WITH NON-TRADITIONAL TELEPHONE
.hated be.no"ed n me'event at an alam Pro ConmctiGal Us),and Local SERVICE AT THE.TIME OF INITIAL CONNECTION TO COMPANY'S
Emergarry Cbpmh NunWera are piwids atl Herpes, revWw and MONITORING CENTER AND. THAT CHANGES IN CUSTOMER'S
modR tb the mevete Cam urrylt wmtiigtno ameNWanner,Customer
mwl amwe that ap such pecan,are edlhorlmdand aCa w ImpcvldIs well TELEPHONE SERVICE'S DATA FORMAT AFTER THE NITUIL.REVIEW OF
ri0h6Cation OcHaPATEM-M COULD MAKE CUSTOMER'S TELEPHONE SERVICE
A.0100-larshdg Clar yand Pronely I"and aN to system inowgruoly UNABLE TO TRANSMIT ALARM SIGNALS TO COMPANY'S MONITORING
prior W the sewmg of Use prat'+,and carefully teat the system tea inantsr CENTERS.-IF COMPANY DETERMINES IN RE SOLE DISCRETION THAT
presatbed by Compm r,dump;to tesm,&this AlmomaK Customer,agrom IT IS COMPATIBLE,COMPANY WILL PERMIT CUSTOMER TO USE NON-
that it Is reapmoLo for any baste or.damages due to malWirlBm, TRADITIONAL TELEPHONE SERVICE AS THE SOLE METHOD OF
mi5cwnmunk9w or faqure of Ceslmme/s system to mmuremly•herWe, TRANSMITTING' ALARM SIGNALS, ALTHOUGH CUSTOMER
' produce arwmwwiwla data dab. If arty dntectfn operxUOn of be Systom iNDERSTANDS THAT, COMPANY RECOMMENDS THE USE OF AN
develop,or In the dues of a Power failure,NBmipEw of Wmt_w service,. 'ADDITIONAL-_BACK-UP METHOD OF COMMUNICATION TO CONNECT
Or other imenuptiw at'.Cuoicames peardsas of steal or data-Vansmpslbn CUSTOMER'S ALARM SYSTEM TO THE MONITORING CENTER
brpugh any msdla, Customs; char -ably':Company immediately, I( REGARDLESS OF THE TYPE OF TELEPHONE SERVICE USED.
spacelinterkF prelsceon(I:e ulirear);,murwrave,Infrared,e )is Gad of ma CUSTOMER ALSO UNDERSTAND$THAT IF COMPANY DETERMINES IN
System,Ouswmershm walk fast the system in the meenw re..moaned by ITS SOLE .DISCRETION THAT CUSTOMER'S NON-TRADITIONAL
Ctimwny; TELEPHONE SERVICE IS OR DATER BECOMES NUN-COMPATIBLE,OR
N.When any,device orprotection Is used.including,but col taped m,,mace IF CUSTOMER CHANGES TO ANOTHER NON TRADITIONAL
' pruiu,lan.which may be oRhuioi7 by turbulence of as.vcwpMd airspace TELEPHONE SERVICE THAT IS NOT COMPATIBLE,THEN COMPANY
engage Or other dishubanm,forced ek heaters,air mndNonere,home,bars, REQUIRES THAT CUSTOMER USE AN ALTERNATE METHOD OF
anlmaW Sad.My other sources;.of air Iu Dulmos or movamaM Which may :COMMUNICATION ACCEPTABLE TO COMPANY AS THE PRIMARY
hnlerfere wan the erMctlemees of the Symen during dosed Farads W19I8 he .METHOD TO CONNECT CUSTOMER'S ALARM SYSTEM TO THE
alarm syslembr w,Cusomormall nolify Company MONITORING CENTER ¢J)5TOMER UNDER$TANDS. THAT
tv.Ctl,SlWner ShaltpWmply maelta$yaton naeraayacNatorl- TRANSMISSION OF FIRE ALAFff% aBY)tEANS OTHERTHAN0.
V.Customttshbr netting Company raganlmg anyNmrod¢I ng ar Omer Gong, TRA_NTIONALTELEPHONE'LINE MAY NOT BE IN COMP,LIA14CE WITH
to ma pwtedeQwemises NatmaY arxtwxatw o[ihe system..: FIRE ALARM STANDARDS Q3 SOMSUCCAL
w CdSiome('saar wdPerata wM ComPanY in Ins-inslallaton, ,OgPtetw ardmr IS CUSTOMEIrS OBLIGATIONTO COMPLY W SUCH ftg��s
meiMwarae pl me system a agrees ta.claw aY rtaadcdoma and ANO CO= CUSTOMER ALSO UNDERSTAND$THAT IF THE ALARM
prowduros which may be pnUaraa mr me gpemudn of Ua system, hie SYSTEM HAS A LINE CUT FEATURE;R MAY NOT BE ABLE TO DETECT-
renderirgafwmcaSandBaproNsbnoi5attmyforlh¢preoas. IF A NON-TILADMONAL TELEPHONE SERVICE LWE IS CUT OR
Of CnSbmaT'shar pay aY charyes made ongoing lelephorowmmmudceSws INTERRUPTED,AND THAT COMPANY MAY NOT BEADLE TO PROVIDE
provdw campamy,Omer utMy far uvetall9l an,easirg,aM servlce;clary, CERTAIN AUXILIARY MONITORING SERVICES- THROUGH A
of mlapiwee lines osnrrea,rg Cusbmela premtws Ito Canpary. Customer NONLTRADRKaHAL TELEPHONE, LINE OR SERVICE. CUSTOMER
mdmmOledges Ihai alum dgrais"f(on ClatwmdR premix,to Cdrnpwry are FURTHER UNDERSTANDS THAT THE ALARM PANEL'MAY BE UNABLE
troamlded dyer CWorwfs leNpho,roomer eadanyasbn wNhz'Md M't' TO SEIZE THE PHONE LINE TO TRANSMIT AN ALARM SIGNAL IF
inme avaN tie Wiaphwe w sear aananksion.aerMw 16 or(A order, ANOTHER CONNECTION IS OFF-THE HOOK DUE TO IMPROPER I
diawnn ved, paved on Yxelbn',We vdarwiw Interrupted,a4nais Thorn CONNECTION OR OTHERWISE.
Cuatomelszerm system wM ref ate received by Compare/,tkving wdn G, Vmfica fcmg Runner Service. Scone jurisdictions may require We.
interruption I-Morphwre w other transmission donicd and the Into n Will Vemhaboi b M hone w ondle veMmton Rumor Service before'
not as Imown;o Conan Clatana agial that tp the evert me epupmwt Y - ( )
o ayslda mR&Iuausy tranendb.agWe raaswaby.detemYnedtly Company dispeb:hug attrryelfq wfvisaa.In IHRevW flat a iequuemeM of alarm
to be false andlw ex—Q amave im inlydre.Customer shot be sdbJectb In, uadP.cuton bmwmw effedrve door the dole of bus AgrecmaM,such service'
edNwnel wets and Ides inaliyed 6Y PAnnpwy'in tore reoMVing ardlw may be aailabia at an additorelrmarge:ComPanyslualmat be held liable'for
respontlmg toibe,wsave olows emir,Ggmt.array atINmle dKRT61( airy dday wIresa Rumor
or Served,
of emergency damcea.ansm9 from suer
rostrums fits Agramr ma;With reepmt to-MwUodng aervoes.updn Tell,to vprifiwlfos VJlrera Ruwec 'Service 'v indw;[atl, such servic, may be ,
Custcmer. prodded by a third party. COMPANY WILL NOT ARREST'OR DETAIN ANY
PERSON.
F.Commurailim.n iurur ),, .H.POn-, Er,rgancy RBsRome. Service. V Customer has ,IeiX,d
I.q u st smIicm.Gwkmar auUtwses noun
on Gwbmpan behalf,lc
request or dua,orders w y pravwt tom n tokphwa compbatIA.Pelaw peisonof Emergenty'Resporte ServkeS CUS 3.1 4+grass mat rite Ter.
Barrier sl Dreier company P.�'ng corm Wruwban iaaiiras, signal miendPersonal Eino am Response s Bona,+,rya III Ie01any delays,
rmnamisshn aervlaec or facilites antler ma Agieemenl(rekried W as" .1hichin waenaisbo tan and, r anq sxmts t be hod a dtaU a or
Com emes"on Company')- Should arc/third pally,cores,equipment or obi Compwb'saouFi ant 1 try omumstan me] Em Mena rdy Rmb:¢ a
facaly be regamtl W peifom me Monitoring asMr6e col kith In this tare. Nat to,egWDmsM fumidre4 tar Personal Ema@mq Response
Agr,mee arrU shaWd me same Da talands d dr become oNmxiw 8tinwe Is nal twlproof and may ai+pederce signal Is Won fe lunsor
V_valabla or(rt,yacacable W'pmwtda Company may IerminaW:'MauWnng delays fwarry me.beretiree ars wlielparw not our Muk:pr antler Comoenya
aerviw9 open ootcetoGustdmer. _ enntrrl;thetas actual;ameregwrediw . Iemargengpro re loemNe
0.R.ghal Commmunkefor.Customer wd¢staWa Hal a dgaal wmmura,tor at ae premis,andlw to transpwl try psrsw requmng msekel aresbn B
(9ACT1,I Inztoted uMa mm Agrea:hes,uwa trapaonal lekphona fires for unpredictable eM NM nary antddutig fattdrs Mldudrg but met hmlW:W
OACT.Sgna'Ie.whKA errnius me mead fare
tladcoted telaphope prra and such 8unps es Wephws network operator,dammiumweamee,coed and trgEc
ma wcU assotieadwim cow dedcatad gmas. oandaws.almnsqupment function and human facture,both went r,pandUg
ilL Doctored Local and"
Tlie.Gwnmanicalionrunpar7ro SelYirzb pravded w@ec *Or Company.may affect response
a Casa mer bs wnredon vsr1N.do Senrlcea inaY 4fdVds paMEd Local 1S.Limited Wam COMPANY WARRANTS THAT ITS wORKMANSHW
Gamel.ad=l Surf seivRa may napraaNad-,IAgsr ma'CpinrtMNwtan AND MATERIAL, EXCLUONG AMffORNG SERVICES, FURNISHED;
Cwnl>aAyt aaMbe loader or service nanas.TU¢ae Wrvic,IndVBeDmvidmg UNDER THIS AGREEMENT WILL.BE FREE FROM DEFECTS FOR A
Mnps,signd.pem'com Ag and -so for
Msl Ne PERIOD OF NINETY (90) DAYS FROM TXE DATE OF FURNrSHNO. i
Wbare Compmyfnovidaa produdor:aqulpment ofoIT4,t,Compmywlll i
SGOOOI Q8,ENG(Rov.12120111) Page-7 of 8 02010timpleexGrinnelGLP. All rights reserved ;
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Werrent trw Prbdua or equlpmew only to the waft Wwranted by swat Pmried Nat OR pat duo ernoun6 MMY base loareatel one We of 1%%par
Mike party.-EXCEPT AS EXPRESSLY SET FORTH Hell COMPANY naboth(18%Par year)a the offbeat emwstt peomaed:by". 3)recede
DL L43MS ALL WARRANTIES,EXPRESS OR=nJED,INCLUDING BUT sanedkta Possession deny equivocate forwftrch Cu leerer has not paid. 4)
NOT LIMITED TO.ANY IMPLIED WARRANTIES OF MERCHANTA13MM Proceed a law Or equky.to eayma ppdwma em by Cwmrner a recover
OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE dainagesfarbrown bites Agremaa9;ate 5)resever OR owls amoebensw.
SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR including without Goatalal mesopatxe attwrisys'few, to comes"on with
EQUIPMIl IFANY,SUPPORTED HEREUNDER.COMPANY.MAKES NO enbl*eoretempfNgM enforce Nts'Agreesonb
WARRANTY OR REPRESENTATION, AND UNDERTA%ES NO 71LOne•Year Limitation on Actions;Choice of Law.It Is agreed Met Wail
OBLIGATION TO ENSURE By THE SEANCES PERFORMED.UNDER THIS or came of wLl6n'or Other proceeding ahal be sought against ether party'
I AGREEMENT,THAT CDMPANY'S PRODUCTS OR THE SYSTEMS OR mamotan are(1)yraraeer the aobeal of the case of action Or olM(1)yew
EOUOWENT OF THE CUSTOMER WILL-CORRECTLY HAII THE after the dean when.whichever M shorter,whether Imewn Or unknown when
PROCESSED OF CALENDAR DATES BEFORE OR AFTER DECEMBER raw claim arises of Whoter based nn brt Agreement,nr ay other logo
31,1999. theory.The laws of Mabaadtuselfe shot govern the wfdib,enfwwb'lib.anal
Interpretation ofibis ieenl@M
It.Texas.Frees, , vs,acenses,and PQrmly. Cu0,6, ago, mwpay al fv
sidles io, with
Nx soperty tax, d s hex and ns. including taxes realred Io 29.poor ai9nmennuent user they na assgn Ais Aggreement tement lnoWot tRVgnys
i corrOanon o c Ne eqI any, and sef shag Ilsbd, wooall telephone c..l wittenm's onventl..Company mar assign Nls Agreement w,P,wl owalnipg
coluboa lee Charges, d any. Customer shell campy woo a9 Tanya and 30.Entire timant.
re a of So d.un.9 to hay.Moore
and Its uw ON all PWPNYwork P Pay when 3ca.Entire A9mRiders The padbs I e-Agtap Agreement; a took,
cam any:
be of bales.uu,property.expise and alter loxes ate all pwmk,fcansa ens :N aefems or Riders(o Of their the"Ag ni am
to re the anal,complete
moiaratlon fees new or hereafter imposed by any.government body or agtecy' and exWvswe expreacbn a their Agraananl ate be terms and anditlass
upon Rho equipment or es use.Carn"Y may,e m ell apace,cabin any thereof.This Agraerrsnt wpeaanbe9 all pion mpmswtaicans,urdererentlfng9'
a rgAwl own*.lamnse orreg atraaon for Cwharer at Guth a ea expense sagreemerus befumai the partrea,women womb arm seal conadu era tu $do
end sloopa had for thug serv'm.It Costomor lets b mesub16 any requited home am conditions rebuup to he Services No waiver, change, or
ecenses a panics Cavwny sha8 not,be meporrow -Ter Wosai g vid. mbelRCaaon a any terms or condNons of his Agreananl.shal be bmdu+gon
UhYwO and may le mk%e the seavkeswmout notice to CUManer. Conrpeny,Wase .do In writing ad aired by an Autaribed RepresenMNvo
20. Outalde Charges.Cesterrer pminartand,and accepM that Company of coronary.
spo+S atY oOrisa any respoethilty for charges entodated with Ilie 31. HaadNgs 7liehea6,gsin llJe Apeemantere fr?mnvwtianse oitlY.
i nollfwatlpn b1 dispachkg of zrY Indudfrg net apt &oiled to two 32.Savnrahalty.N any pmvelon of h's.Ayrewrwntk Feld by any ow,,(Or
deparbnerb,peace deparra l InamonedN5,9ecide,aany seal mer9onsY oOw m,ppetar4 sYdtomy to be void or unanferceadein whole a In pen,vita
A Perswrei,and Stier:We arty charges lIod as a mm*a sae Waist
&aznp^t art coh$nue to be vaBp as to VW other pwsloa ON Use
or dlspalrb,sold durges shag be the rosplan59riLy of9umaner remainder ofthe affected provision.
21. Imuraage. Customer shalt,come Caowny;ifs oMwre;emptoyeee, 33•_Eectronic Medle.CuataaRr aglow mat Cwnp2nY itby sca'4 9najd a
agenla,ubmitrscfom,aupPNem.end represrbllabW9 w addi4orrsl inwreds eMerwse cornett Ails Agrsenssm into.on ebctaink fanner of any rotum.
on Cwgbswvsgenplokea0.tty are_aum l®sgtypolkies. Cuetomerayau dwl8 copy ofNk Agreemem Produced from wch eleckonie
0 Watwr Of
Subrogaton.Crstombr does badly br'tiogf @rod'aN ether format Is Iegely.0wh it b me oagird for any am a jo sposas,Is]udng
pamwdamlrq rxrderM relewe.antl dmcnmge Coinmrry from ard'agalnM all mlgaten Customer agrees Oak Comporal recapd by bw.af the Agomfu M'.
hazards cWered by Cwhde7s inwlancs 0 6elrig expressly spread eM signed by Gslwrr¢2 MOeIN'bMds Customer and acR fax copy is legally
andareool lhad
no Inwmnce canpaay a Narer ail have ary-tight a aRulrasntbthe prOinaPWranY endeh Purposes,Irclud'ngvligatkm
aubropw o eganat Company. 34.Legal Fees,Company she$be wooed m recover vom the Cuasarker all
2t.Faso Nor fell Ezausiow.Canpany shah riot be resxnaFgle(or deWYL marbneble legal fees{nWOOd N conrprbor,with Company,enfordng the
lnonmph alallwe b render Sarymw dub tp dauws beyond Its mpval kernel awl ccnduons of his Agreemea. _
hdur$ng but N,atoned a.maternal shorugea, wb,k.stoppages,;fva;CIA 35, Clans. Inbmiation (Swalty System Custanars) AL Alabama
deobealence or unroof,severe wwther,fee to to other 4opse beyond the Electronic Sawnry Board of Limnsae 79M Va�gFn Road, PMB 39i.
comical a Company,Tss Affmant rd axpreaay exclutlas,wiitbpt antitegm. Maµgaaery.Asdame 3611E(334)264A3S8:AR'RagUlated thy.-Atfmnses
pmvlebn doe,w3tchec.reloading of;Y1o9Mding,wd martiainytg goar; r Board of Private Investigators and Plihol Sepuflb Agotbiw.#1 Smte Pueca
software; MIN repahs or iaplacknowaW neoess,uted by reason a Flow Drive,Little Rack 72209(60iP13,1361 CA Alarm company 000ratas
rwglgerwamdsuw of mmpaneatsar egopment'a clunpw to tamidmsea are lmonead and regulated by the Bureau of SepU4y'" ImvosAgadire
i premises; vandalism power failure; odrpM quemallon, faiure ft. to SeMms.Department of Ccnne Affairs.SaawMnN C4 05814,Upon '
non!'.ongeny alsialatbn.Ilgtrtrarrp,eleadcel atom.or egw aevem weather, mdpbhon of pu NMalatbn or he elver system,me alaml company e69
eater: alodOwt fire, We of God resting iospdclmn am lop2k of dw O'orougo'
ylnaWC Uw pvehesm m Pc popes use W ilia alarm gyslam.Falum i
denting begin deteaas,sad N 61 In apmem:orprorationdfa fw walctreS
bygre 4ceneae,wkhaut lapel axes&bwbslantailY omnmertce wakvntren I
ecaAg a ice ken"e, drwnag of tnNvopery gtdted pipsg. heaerraf, 20 days Rim the aPlXadmao cat¢apecfied m No agmambM Nun via Hark
refiaging of cFempw wpprewion systws;febeding of Upgratfing.amf w1q bE9in s a vrobtbnot the Alarm Comparry ACC NYLkeroed by cos N.Y.S i
whbNng computer goftwarg oorroeim (asiudi�g but not muted to DePartmr n of he Stele TX Tetas CGnrmasron m Pmnle Saary ly.5H05 N:
i mitt46askdaly.irAuredmrrosxM rWC)X,mrVegw gmemr that 19 grans,. Lams Blvd, Austin, TX 787524422. 514424-7710. Lomsse nmeboR
1 gas vane aretalla$on or arty offs ease external to the Covered Syst rn(s) aveoabe,at wwwsmipexgrfnne9.com or comets Your Kral S oplexGabnreR
and Canrpwn-mall col be ragaurted In Poor&Servke.16 n[wNWon of office
somata des as such doses cuff conMue. This Aimannoe does not oowa
ate spee'gcaly excludes sy%an upgrades,grid therepiacwaat aolacete
sysWn9,equipnrenl mnrPOaeniB-W parts.AN eachs 1me may#eproveted
by Company at Cornimnys sale dearetroe at: an adddhnal change. R i
Emmgenoy Services are expressly arduded at the Smva, Sdulion, the
Agrem-nf prkpvoes noCNWWa trovaexpencec
u.Delam. Coirpany,Muq hoom no maponMbif4Y'or fablNy to Custarei a
wry Other Raman to tlaWys in the eimial;a4on a,raper of he System a'Via
padmwo,of em Sevkes regardAws a the.moron,or fa any rewihing
eonsequwc9s, Y
sake dsmiallon,u Compa,o may-nct,of
this Agmement ur.so here efts I
sob deflate.
Cogn'orty awr ywho hro IN any Agreement
t aant w adishwase {
deohed. Domp:ry only who pa.note Ps Agreement at its sofa under
ne rtpn
Ailmnaive bcoeshigCodcablo uedgrmanm o111tdat of esurivers t
cwomerk Promises
omises Impracdceble due m obsdescmm of equipment al
26.No Option
s sWWI.avaiiarron.apw(s t
2e.Nord bnbSIIat,Cuer pdnsnailnot at,ou aawto or aonds.own
behafar on behata arh+oiler poison, orate 0 w,opipa yen l deity,lsolch
ewd Ifi
hi eof PY herany C rnpanyiyonvo fropWith Company, for
airy nompanya yeam aft r has
- perm or row empeymew asol Company, br 8 period Of do yeam after tFe
27.Defterminaaulants Ewa
Dot
of Agra.me Evert w Defeuft r before Iwqutle 1)imn oft a perm to oni Tom,
o ,
aukA. oftheMbyomerto DefantheaxwrwrunntiheUl)daysofertoo
sa fathom I of the Customer payable.3wy)Otakry,moue Syste ten{tom days near th)
amount a der arw,olofe 3)abuse or use Systems Q are Egmpoieal 5),
fasted by CUMdmerbobserve,keep apedadveacyrmdmrvass enart:+O {
igsacuuas P06 t aaml.-0Iamdbnoan Event
nt or 0 24 a WtraryI failures of r)
C d Or On Uof the la caving f e of an E.aw aaOwaellCanpenymay pursue,
bn9aenno alto usheargsemlawas t)drswnithfmosntamag Servidaeam
by vabost ooase.id rthe Sit,Apto eethebae Iro willofi M amtodabo,
ommme due Roder the Otis AgTeearem to be immeiliaey drafaM Payable,
SGOOCI Q%ENG(Rev.1N2010) Page 8of9 020f05mgd XGNnnPJI LP,A)I':iights reserved (r7
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.ate-._..----- --------_,..___--
AMENDMENT TO
PURCHASE ORDER TERMS ANDCONDmom
1 Theprovimior s of this Amendment supplement or amend the terms and conditions of the above referenced and
affached Purchase Order Tams and Conditions dated as of 20_(this"Order")between City of palm
Springs(the"City')and SimplezGrinnell LP("Selle?J To the extent the th=are any conflicts or arrdtiguities
between the JuNISionS of this Amendment and flee terms and conditions of the Order, the provisions of tlus
Amendment shall prevail.
I. Paragraph g. Nonassigtmente.Add the following at the beginning of the sentence:"With tld exception of
assignment to a parent,affiliate or subsidiary company;.,:"
2. Paragraph 10. HAZARDOUS MATERIAL: Add the following as new language: "Seller shall not be
responsible for abatement and/or removal and disposal of hazardous or asbestos-coma Bing materials. Should any
hazardous materials be encountered at any tine, Seller shall immediately stop all work until such hazardous or
unsafe condition is rectf5ed and the City so notifies Seiler in writing that work can safely be resumed,based on test
conducted by.a licensed testing organizarton. Timetables for delivery of Setter products or services shall be adjusted
2ppropiiately for any associated delay."
I Paragraph 11 Hold Harmless: At line 5,deletetbe word sole".
4. Add tbefiallowing as newlanguage_
Airy reference to alarm monitoring services in ibis order is included for pricing purposes only: Alaria.mmeitoriag
services are performed:parsuam to the terms and:conditions of Seller's standard alarm,Monitoturg Services
Agreement.
Notwithstanding anythiag contained m tbis Order to the eonttaM naittwpa ly shalibe liable for indi[ect,i ucidemal,
or consequential damages. In no event shaft Seller be liable for any damages in any amount exc=diug the total
aanpensetioa provided to Seller under"Olden:.
Seller warrants that it has the qualifications and skills toporf ur its obligations hereunder And its workmaushipsball
be performed in a profemouat wor?mmairke manna and material fumisbed under this Ordr shalt be new,of good
gmRty> and frce from defects for core (I)year fmm the date of t0mishing. Where Sena provides product or
egulpmmt others Salta will warrant-the product or egai(rme Y aaly to the erdmt war>anted by such third party.
EkCEPY AS FRpRESSLY SLTI FORTH HEREQ4, THIS WARRANTY DOES NOT APPLY TO ANS
PRODUCT OR SOFIWARFi WH[OfI HAS BEHN SUBIECfED TO ABTJSE,1vIISHA2FDLING QR1biPROPEit
USB ANR SECLER I)hSCLA1MS ALL WARRANTIES II{PRESS 0121MpLB D, INCYASNNG BUT NOT
L3bRTFA TO ANY IMPLIED WARRANTIES OF MERCHANfABB ITY OR F1INESS FOR A PARTICULAR
PURPOSE W1THRESPECT TO THE SERVICES PERFORMED OR.THE PRODUCTS, SYSTEMS OR
EQUIP!vTENi;IF ANY,SUPPORTER HEREUNDER,
Waiver of Clahas(WMY Acts Certain of Ballet's systems and services have received eerfititatum 4
and/or Designation as'Q%!ed A d-TOrorism Technologies.("QAM under the Support Anti-tearodsm by {
Fostering Bffetaive TecLaotogiis Act of 20M, 6.U S-C.§§4414M (fiber"SAFETY Act"). As required under b
C.F.R 25.51(e) to the ivaamrtmn extent permitted by law Senar and the City hereby agree to waive their right to
make anycLtims against the other Rrr arrylosses,including hasiaeas iatanrprioalassas sustaiaed by either pattq or
them cerpe iW e®pinyem tesWtirig Imm an act vity restHthtg limit an`Aid of lerrorisra as dafnmej
d m 6 C.F.R.
25.2,whe r.QATT have been dVbyM in defense against,response to,orretwvery from such Ad of arorism;
Other than w sd',forth to the contrary+herein, all terms and conditions of the Order remain in-effect and
unchanged.
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Slgisatnre Pagel Pollaws
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IN WITNESS WHEREOF, the patties, by its duly authorized representative have executed tins Amendment
Wective as of the date and year written below.
Gity of Palm Syringe SimblexGiinnell lR
(the"Cit7/) (^Settef�
By: Ay: MIRMLAVBEFOrN
Tide: 01 ' to WagerTide
Date:: Date'._
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APPWM AS TO FORM
Y�4—Anomey
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