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CM-2022-205 - 9/2/2022ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT SALEG AND SERVIDE Corporate Office 3404 Garden Brook Drive, Dallas, TX 75234 (469) 522-6000 State License No_ 806910 SUBSCRIBER I BUYER NAME AND ADDRESS: Name CORR New Library Street 20D East Liberty Ave City, State Round Rock, TX (Area Code) Telephone Number 512 218-5597 I. MONITORING SERVICES SUBSCRIPTION Number 512 218-5597 Cade 711664 A. Monitoring Peas I Entach Sales and Service. Me., a Taxes corporation {'SelMfj, still provide moModng servion as described herein subject Is the forma and conditions ul fof9r it tilts ooetrad Buyer shall pay e monhoAV be as set lath in sub section A.2 below (the'roortitorleg ke) and such additional charges as setfath herein (induding, *ilhoul kritatIon maintenance fees and charges) 2 Buyer shag haw the opban of prepaying the monthly r wmWinp lee soon" le Ow kilo" muadwe- Sao Monthly of $90 00 "dery or $360 00 anwaty B. Term 1 The term of tab contract due be month to month beginai g Ocher 2022 and shall renew automabcalfy upon the expiration of each mcpsshre term except ghat either pally stall haw Ca option to Im minale Ids contract by delberyr of Wdeen notice by ceraead mall, relum reelpl requested. to the other parry al lead thiry days prior to In expkMion of any terra NoWIMtendeg 9N loregoing, Buyer shag here to right to prepay the moMorhg fee as described In Subsae0wt TA -2. above. 2 If Buyer i m irumes this contract prior to the expiration of f 12 1 months. Buyer shall pay Seger. 'n addition to my parer amounts owed by Buyer to Seler. an amount equal to three limas the monthly rmaimrirg be in eesct as of the do% of termination Io COMIMI wale Seiler for such early bminalbn. The 10re901"Il Halle month payment is A addition Io and not al ktr of any oiler damages Seller may btcur as a result of Buyer's term m ion under fills contract C. Addklonal Charges I Baler's moneodrg he is subject to periodic adjustments podded /rat Buyer is given written notice 9ersof at least thirty days pda to the affective date of such Adjustment Nob0thslandtng any other an provision hereof d provided Buyer A not in defoull twounder Buyer shal haw Onoption to terminate Ott contract by dolvery of wrekn notice by ceftilled Crew, return receipt requested to SeMr within ibm drys ■Nor notice of mckuWmnt & rocvwd Buyer's failure to brnely deevar such written notice of tafmination to Seiler shell constitute mccepunce of me adjusted monilorlrg be 2 Buyer &hall bear all comb incurred in rnpondng to proper activation of pre alarm signaeng syslerm itoWing withotd imrbtion all telephone company response ehargss and poke Ire depafb an: or Private seraaft pow dispatch charges II. DAMAGES AND LIABILITY PROVISIONS A general I BUYER ACKNOWLEDGES THAT THE ALARM SYSTEM AND SERVICES ARE DESIGNED SOLELY FOR THE PURPOSES OF DETECTING OCCURRENCES OF FORCED ENTRY. THEFT FIRE AND OTHER EMERGENCIES AND NOT FOR THE PURPOSE OF PREVENTING SUCH OCCURRENCES AND SELLER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS CAUSED BY SUCH OCCURRENCES. 2 Buyer shal maintain adequate imurancs eorerage ler Ind premises and Its contents let losses @rising horn burglary theA, robbery. ere water damage Acts of God and other resaonaMy foresesailk came&. 3 Buyer shal comply with al reasonable requests and 9uidelbas of Soler regarding use and operation of Ito alarm sgsalng system. B. Llebely I Sefar is not an iraurm andpayrmnls described benein we based solely upon de value of the services herein described not upon Cie value of the property to be protected It is nol the intent of Ise psrb" I no Seiler assume raspofts"ty for any loss or damage cauaed by bteglary. tlall. robbery be Avis of God or othar causes NotwilMknpug the above predations if any labity shoub arlse on Ow part of Salem under Mill contract rfiNherdue to equipment mellund Iona, signal inlemtplions. Acts of God, the negligence of Scher or otherwise such lability shall be inikd to the lesser of $250.00 or six JG) times the monthly, servla charge. which sum shah be paid and reserved u bquideted darwges Buyer acknowkdpa@ that any such lability as herein $&I forth s fixed as IqudNed dwruges and this recovery shall be campble end mclusive 2 Buyer agrees to and Shell hWemdfy and hold harmless Seller Its amployeas, egents and subbca hectors from and against al Nairm. lawsuits and WHO Including reasonable brarneys fella. assarNd ageimt and alleged to be caused by Seller's perlommnce nepfigant performance or failure to perform its obligations undo gags eonbad SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF TH AGREEMENT ��� � a",p EXEWTEOal�� �✓'"`!__...GI ..----'Texas. onOft Z-1 dayw,zo �Z— BUYER By By l� EntechSMas @Ad SerAm Inc 61 NOTICE COMPLA NTS OR INOUFAS REGAROWG ENTECH SALES AND SERVICE INC. MAYBE DIRECTED TO. 'axes Board a1 PRrak wwowspaim and Primin Seowrses AgvWos. P 0 Box 13WO Austin Texas 7SM4. 517n75JYM III. MONITORING AND DEFAULT PROVISIONS A. False Alarm Buyer shall pay all fines, penalties and charges levied against Seller or Buyer for any false alarms Buyer shall cooperate With Seller to determine the Cause or source of any false alarms and to prevent the occurrence of any further false alarms. B. Dlepaieh of Authorities If more than five false alarms which result in the dispatch of local authorities occur within any twelve month period, Seller shall not be responsible for dispatching the local authorities unless prior thereto Buyer reasonably satisfies Setter that the cause of the false alarms has been corrected and Buyer obtains written evidence of Sellers satisfaction. Seller shall make a reasonable effort to notify Buyer of fits decision to cease the dispatch of local authorities due to excessive false alarms. C. Obligation as to Use and Maintenance of the system 1. Buyer shall fully and accurately disclose to Seller the infoin ation requested in the Emergency Contact Information Sheer furnished to Buyer and shall update such inlormatbon in writing. Buyer acknowledges that such information Is eseential to pro performance of Seders obligations under Ibis contract and that Seller shall attempt to contact only the designated individuals at the telephone number Indiealed on the Emergency Canted Information Sheet. 2. Buyer Shall be responsible for (I) providing qualified or competent employees of representatives to activate and disarm the ahem signating system (1i) maintaining the telephone lines connecting the premises in proper working order (di) providing and rnainteintng an adequate source of power to the system and (iv) ad other maintenance requited to keep the alarm signaling system in proper working condition but Seller shall be responsible for all maintenance end repair of the RF Transmitter Unit (if applicable). 3. Buyer shad obtain all necessary alarm permits (if required) and provide Seiler with the assigned permit number. Buyer shad Imme- diately notify Seder by certified mail, return recaipi requested of any suspension, termination or revocation of any required permit or license of Buyer related to the alarm signaling system, 4. Buyer shad Contsiel Seller hmmediatety upon the occurrence of any defeat or malfunction of the system, telephone lines, RF Transmit- ter Unit or any other component of the system. D. Alarm Monitoring Procedure 1. In responding to an alarm activation report. Sailer shall make reasonable effort to undertake the procedure described in the Monitoring Response Procedures furnished to Buyer upon its exeartion of this contract, 2. All telephone cads and conversation* which are receWed by Seders monitoring facility shall be recorded by Seller E. Alarm Transmission 1. Buyer acknowledges that Seller cannot provide adequate response to alarms unless a report of the alarm activation is transmitted from the Buyers premises to Sellers Control Morhilaing Station. 2. Seder disclaims responsib hty for the transmission of alarm signals over the telephone or other transmiss on facilities, including without limitation. the RF Transmitter Unit. Buyer expressly acknowledges that the transmission of alarm signals may be internmpted distorted or eliminated entirely by factors totally beyond Sellers control. For example. Buyer acknowledges that in the event alarm signals are not received as a result of a disconnection, malfunction or other interruption of the lelel h service or any other lrensmisslon facifity(ies). Seder will have no nOlice or knowledge of the alarm activation 3. The transmission of the alarm signals will Interrupt and disconnect any telephone communication in progress at fie rime the alarm system is activated. 4. Buyer shaft provide and pay for all telephone or adernate transmission facility charges and tariffs and any increase In or addition to such charges and tariffs. F. Default 1. The Buyer shall be In default upon the occurrence of any of the following events or conditions: a. Failure to tknely pay Seller the monitoring fee or any other charges or fees payable to Seder as contemplated by this contract, including, without limitation, all maintenance or repair charges b. Failure to comply with all material terms and conditions of this contract c. Failure to obtain and maintain in fug force any and all permits or licenses ragwred by any governmental authority including, without limitation, sot commissions, boards, subdivisions or agencies thereof. d. Buyers default under any lease covering the premises upon which the RF Transmitter Unit Is located or installed. e. Loss, theft of subalantial damage or injury to the RF Transmitter Unit L Failure to maintain adequate Insurance coverage to protect the premises and its contents from burglary. theh, robbery fire. water damage, Acts cf Ood and other causes of damage. g. Buyers dissolution, termination, insolvency assignment of assets or property for the benefit of creditors or the comnenoement of any bankruptcy or insolvency proceedings against the Buyer of any guarantor or surety for the Buyer. 2. Upon the occurrence of any such even of default Seller may exercise any and a1 of the following rights and memedies a. Terminate all services subscribed for hereunder by delrvary of written notice to Buyer at least five days prior to such farm nation. b. Declare all amounts owed Seder under this contract immediately due and payable and proceed to obtain payment of some. c. Pursue any other rights or remedies either at law or in equity now or hereafter existing 3. No v alver by Seder of a default will be deemed a waiver of any other defau'.t regardless of the time of occurrence of such other default IV. CONSTRUCTION AND MDDIFICATION OF CONTRACT A. Partial Invalidity N any term, provision, covenant or condition of this contract is held by a court of competent jurisdiction to be invalid void or unenforce- able, the remainder of this contract shall remain in fug force and effect and shall in no way be affected, impaired or Invalidated B. Entire Agreement This contract supersedes any and all other agreements, either oral or in wiling. between the parties with reaped 10 the subled matter hereof and contains ail of the covemants and agreements between the parties with respect to such matter Each party to Ih-s contract acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party or anyone acting on behalf of any party, which are not contained herein, and that no other agreement, statement or prom se not contained in this contract shall be valid or bindirng C. Execution This contract is not binding upon Seller until executed by a duly authorized officer of Seder D. Assignment This contract may be assigned, in whole or in part, al arty fine by Seder and without the consent of Buyer Any such assignment shall not relieve Seller of its obligations hereunder This contract is not assignable by Buyer E. Attorneys' Fees The prevaitinp party in arty suit brought to enforce or interpret any portion of this contract shall be entitled to receive such party's attorneys' tees and costs In addition to any other re:ef awarded. F. Governing Low This contract shall be subject to and governed by the laws of the State of Texas. O. Modification This contract shag not be modified or amended except by written instrument signed by the party to be charged.