CM-2014-464 - 7/18/2014City of Round Rock
ItMMMOM TF.7fAS rraWOM
Agenda Item Summary
Agenda Number:
Title: Consider executing sixteen (16) Alarm Monitoring Services Subscription
Agreements (fifteen (15) for Fire Monitoring and one (1) for Intrusion
Monitoring) with Entech Sales and Services.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/18/2014
Dept Director: Chad McDowell, General Sercices Director
Cost: $5,400.00
Indexes: General Fund
Attachments: Agreements, LAF
Department: General Services Department
Text of Legislative File CM -2014-464
Entech Sales and Service will provide Fire and Intrusion Monitoring Service for City
Buildings.
Staff Recommends Approval
Cost: $ 5,400.00
City of Round Rock Page 1 Printed on 7117/2014
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIUCITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: General Services
Project Mgr/Resource: Chad McDowell
F-�Councll Action:
ORDINANCE
Agenda Wording
QCity Manager Approval
Sixteen Alarm Monitoring Services Subscription
Project Name: Agreements
ContractorNendor. t_ntech sates end anvim
Q RESOLUTION
CMA Wording
Consider executing sixteen (16) Alarm Monitoring Services Subscription Agreements (fifteen (15) for Fire Monitoring and one (1)
for Intrusion Monitoring) with Entectt Sales and Service.
Attorney Approval
Attorney
■
Notes/Comments '
C:1UserslssandrelAPPDATAILOCAUTEMPIWDGX1294810PEN10021LAF- Entech Sales and Service
(00290046xA08F8).x1s Updated 613108
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. B06910
SUBSCRIBER/ BUYER NAME AND ADDRESS:
Name City of Round Rock ( Sports Center)
City, State Round Rock. Texas Zip Code 78664
(Area Code) Telephone Number Work Number 512-671-2891
I. MONITORING SERVICES SUBSCRIPTION
A lEonitormi, Fees
1. Emell Sales and Service, Ir, a Taxes corporation ('Seller), shall provide monitoring services as described herah subject to the terms and conditions set lath In Bus conBad. Buyer shall pay e
monitoring fee as sailcloth In wb�s xs A2. below (the •monitoring fear) and such additional doges as set forth herein (irrludirg, without I'vrdlWorh, maIntnance fees and charges).
2. Buyershall have this option d aepayN that monthlymon cring teat emadirg to ore Iailowing sdledell
360 annually Fire Monitoring
B. Term
1. That lermol this controls atoll be morph to month beginning 1;A Oav of December 2013 ere shell renew automatically upon the expaaran of each successive term except ilial etlher pony shall have
the opts W terminate this contract by delivery of written pWce by caniried mall, retain receipt requested, to the alba pony at least tarty days ped to the expiation of any ler. Notwithstanding
the foregoing, Buyer shall have that right W prepay line mnitoring fee Me described M Subsection 1.A2. above.
2. g Buyer lerinates this contract prior W the expiration of tjJ 14 112 1 moahs. Buyer shall pay Seger, in addition to any other amounts owed by Buyer to Seller, an amount
equal W tame times the m.Wy no rglarng fee In effect as of the data of termination to comperasaW Sence for such early termination. The loregairg three month payment t, In atlsilian W, ate mol in gw
of. any older damages Sella may ineur m a mutt of Buyers reformation under Wscontrast.
C. Additional Charges
1. Sellers monitoring fee la sublect to periodic adjustments provided that BUyer is given wrxWn nalre thereof at least Inlay days pia W the effective data of such adpasbnent NoWumea dig any
Weer provision hared and provided Buyer is not in default hereunder. Buyer shat have the option W terminate this contract by delivery of writ notice by aerated mal, return receipt tactual to
Sena wiWn fifteen days after notice of aidustroem H received. Buyers failure W treaty deliver such written notice of termination to Seller shall consBtute ecceprnco of ft ackusted monnamg fee.
2. Buyer shall bear all costs Incurred In ampording to proper activation of the alarm signaling system, including, without IlmlWtion all telephone company response charges and plica, tea department
or private security patrol dispatch charges.
IL DAMAGES AND LIABILITY PROVISIONS
A General
1. BUYER ACMOWLEDGES THAT THE ALARM SYSTEM AND SERVICES ME DESIGNED SOLELY FOR THE PURPOSES OF DETECTING OCCURRENCES OF FORCED ENTRY, THEFT,
FIRE AND OTHER EMERGENCIES AND NOT FOR THE PURPOSE OF PREVEMING SUCH OCCURRENCES AND SELLER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS
CAUSED BY SUCH OCCURRENCES.
2. Buyer shall maintain, adequate Insurance coverage for the Premises and its contents for losses ansing from Gsglary. NW, robbery, rare. water damage Acts of Cold and other reasonably remember
Wwas.
3. Buyer shall comply with all reasonable requests and guidelines or Seller regadarg use and operation of the alar signaling system.
B. Liability
1. Seger Is not an Insurer arch payments described herein are based solely ups the value of the services herein described net ups Ne value of the property W be protected it is not the intent of the
parties Nat Seller assume responsibility for any loss or damage caused by burglary, theft robbery. Am. Pct, Of God or other couriers. Nobeithstensing Ne above provisions 0 sly liability should arise on
that part of Server Wer this contract whether due W equipment malfunctions, signal intamhptfns. Acs of God. Ne negligence of Sager a otherwise, such lability shag be Wailed to $5,000.00, which such
shag be paid and rooelved as IkNldaWd damages. Buyer adaawlodges that any suao liability as heron set foto is fixed as liquidated damages and this recovery shall W complete and exclusive.
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTED at WB'amsn Covnv ON of Round Bach , Teras, on Nis 1BIh day of December 20131_
BUYER �eH a' Entedl Sales ate Service. 1.
0,71�
Ell By 'x
NOTICE: COMPLAINS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAY BE DIRECTED TO:
TemBeci dPmaa mwstigabn and Pmaa Sea41ea Agendee. P.O. Bar 13SOB, Austin, Tem ?ImW. 512y4TS3e44
CM -2014-464
111. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
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. Dispatch of Authorities
It 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 Seller 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
its 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 Information requested In the Emergency Contact information Sheet fumished
to Buyer and shaft update such information in writing. Buyer acknowledges that such Information Is essential to the performance of
Seller's obligations under this contract and that Seger shall attempt to contact only the designated Individuals at the telephone number
indicated on the Emergency Contact Information Sheet.
2. Buyer Shall be responsible for (i) providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system C9 maintaining the telephone lines connecting the premises In proper working order (iii} providing and maintaining an
adequate source of power to the system and (iv) all other maintenance requited to keep the alarm signaling system in proper working
condition but Seller shall be responsible for all maintenance and repair of the RF Transmitter Unit (if applicable).
3. Buyer shall obtain all necessary alarm permits (if required) and provide Seller with the assigned permit number. Buyer shall Imme-
diately notify Seller by certified mall, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seller Immediately upon the occurrence of any defect 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 Seller shall make reasonable effort to undertake the procedure described in the monitoring
Response Procedures fumished to Buyer upon Its execution of this contrail
2. An telephone calls and conversations which are received by Seller's monitoring facility shall be recorded by Seller.
E. Alar Transmission
1. Buyer acknowledges that Seller cannot provide adequate response to alarms unless a report of the alarm activation is transmitted
from the Buyer's premises to Seller's Central Monitoring Station.
2. Seller disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facilities, Including
without limitation, the RF Transmitter Unit. Buyer expressly acknowledges that the transmission of alarm signals may be Intwrupled
distorted or eliminated entirely by factors totally beyond Seller's eontmi. For example, Buyer acknowledges that in the event alarm
signals are not received as a result of a disconnection, malfunction or other interuptlon of the telephone service or any other
transmission facill"es). Seller will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will Interrupt and disconnect any telephone communication In progress at the time the alarm
system Is activated.
4. Buyer shall provide and pay for all telephone or alternate transmission facility charges and tariffs and any increase In or addition to
such charges and tariffs.
F. Default
1. The Buyer shalt be in default upon the occurrence of any of the following events or conditions:
a. Failure to timely pay Seller the monitoring fee or any other charges or fees payable to Seller 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 full force any and all permits or licenses required by any governmental authority including, without
limitation, all commissions, boards, subdivisions or agencies thereof.
d. Buyer's default under any lease covering the premises upon which the RF Transmitter Unit Is located or installed.
e. Loss. theft or substantial damage or Injury to the RF Transriitter Unit.
L Failure to maintain adequate Insurance coverage to protect the premises and its contents from burglary. theft, robbery, fie. water
damage. Acts of God and other causes of damage.
g. Buyer's dissolution, termination, Insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seller may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least fire days prior to such termination.
b. Declare all amounts owed Seller under this contract immediately due and payable and proceed to obtain payment of same.
c. Pursue any other rights or remedies either at law or in equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default.
IV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial invalidity
If any term, provision, covenant or condition of this contract is head by a court of competent jurisdiction to be invalid, void or unenforce.
able, the remainder of this contract shall remain in full force and effect and shall In no way be affected. Impaired or Invalidated.
B. Entire Agreement
This contract supersedes any and an other agreements, either oral or in writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this 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 promise not contained
In this contract shall be valid or binding.
C. Execution
This contract is not binding upon Seller until executed by a duly authorized officer of Seller.
D. Assignment
This contract may be assigned, In whole or In part, at any time by Seller 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 prevailing party in any suit brought to enforce or interpret any portion of this contract shall be entitled to receive such party's
attorneys' fees and oasts In addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shall not be modified or amended except by written instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
Is
nmecwE�
SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. 806910
SUBSCRIBER/ BUYER NAME AND ADDRESS:
Name City of Round Rock ( RABB House)
Street 151 N A W Grimes
City, State Round Rock Texas Zip Code 78664
(Area Code) Telephone Number Work Number 512-671-2891
1. MONITORING SERVICES SUBSCRIPTION
A Monitoring Fees
1. Entech Sales and Service, Inc, a Texas corporation CSOWL shall provide morn o0t; services es described herein subject to Me terms and conditions set font in this contract. Buyer shall pay a
monitoring fee as set forth In sub4W [on A2. beaw(Me 'monitoring tea-) and such additional ymrges es set IoM herein (Including, without IlrMlatem maintenance fees and charges).
2. Buyer shall Dave Me option of prepaying Me monthly monitoring fee according to 0a following schedule:
360 annuality Intrusion Monitoring
B. Term
1. The term al Ma orarad stall be month to month DegYvtlng td Oav of Jrne 2014 ad shall renew auarlati Wy upon rile explretim d each svrccaszive tens except Mai eitlw party shad have he
eptlon le terminate Ws mntrec by tldtvery at written rrolke by Casifietl mail, renin receipt neQRsu4 a Vhe cher party at sad Ih'ury days prior to tl1e explratian d any Kann NotvrilhshadYg da
faregoYg, Buyer shall lona he right to prepay the monitoring fee as descried In Subsection IA2 shave.
2. II Buyer teilrales this contract prior to Me expiration of 5.31-15 f12 1 mange. Buyer shall pay Seller, In addllbn to any other anaunb "ad by Buyer to Sever, an amount
equal to tree times he monthly morioring fee in effect as of he data of lmsniralgn to compensate Seller for such earty termination. The foregobg three month payment Is in addition W. and not in tieu
of, any other damages Sellar may Your as a result of Buyer's lamination under this contract.
C. Addidonaj Charges
1. Sellefs monloring foo is subject to periodic aSustments provided hal Buyer is given wmlten rages hereof at least 1ntM days prior to Me effective data of wch 6dlumment NaMihstandl my
other Provision hered and provided Buyer is not in delaull hereurder, Buyer Nal have Bre option to terminate this contred by delivery of written mbce by certified mail, realm rea l requested a
Seller widinfiReen days after natio, of adjushment is received Buyafs failure to timely tlebver sacs vngten entice of Iemwaben to Seller shed coon le eweplanca of the adjusted mailan'vfg fee.
2 Buyer shad bear all casts Incurred in responding to proper activation of he alarm siyadng system, mtludng, will Ntitaerh all telephone canlpary response charges act police, fire department
or private series, paVal mspatch tlharges
H. DAMAGES AND UABIUTY PROVISIONS
A Demand
1. BUYER ACKNOWLEDGES THAT THE ALARM SYSTEM AND SERVICES ARE DESIGNED SOLELY FOR THE PURPOSES OF DEI ECTBJG 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 stall maintain adequate mearance coverage fel Me premises and its cantenls far losses aisirg from burglary. Ban, robbery, Bre, wale, damage. Acts of God and other reasonably loresemsele
causes.
3. Buyer shad comply with By reasonable requests and guidelines of Seller mBedvg use and operation of he alarm signaling system.
B. Lability
1. Seder Is not an Muer and payments descmbed herein are based! wlely upon Me value of the services herein desmbed not upon the value of Me property N be Protected. It Is net the Intent of the
parties gat Seder assume responsiiWiry (a arty bas or damage caused by burglary. Men, robbery, &e. Acts of God or ager causes. NotwiMstaMmg the above provisions B any liability should wise on
the pad of Seder oder this contract Mahher due to equipment malmOli", signal Interruptions. Ads of God. he negligence of Salim d odanvise, such liiaMtiy, Nall be Yrtded to 35,000.00, nisch sun
shall be pad ant received as liquidated damages. Buyer acpawiedges that any such liability ac herein set lank b nixed as liquidated damages and this recovery shad be complete ped exclave.
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTED at h , Texas, on this VM tltry of May 20 9_
BUYER •/•' ENechSales and Service. Innc. 6
By.
NOTICE: COMPLAINTS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAYBE DIRECTED TO:
Tees Bond of paves Irnvstgaars ad privale Soa<ises AgeMes, P.O. Box 13503, Amen, Texas 79700, 512 IM3g
III. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
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. Dispatch of Authorities
If more than five false alarms which result In the dispatch of local authorities occur within any twelve month period, Seiler shall not be
responsible for dispatching the local authorities unless prior thereto Buyer reasonably satisfies Seller that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Sellers satisfaction. Setter shag make a reasonable effort to notify Buyer of
its 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 Seiler the Information requested In the Emergency Contact information Sheet furnished
to Buyer and shall update such information in writing. Buyer acknowledges that such Information is essential to the performance of
Seller's obligations under this contract and that Seller shall attempt to contact only the designated individuals at the telephone number
indicated on the Emergency Contact Information Sheet.
2. Buyer Shall be responsible for (i) providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (€i) maintaining the telephone lines connecting the premises In proper working order (ii) providing and maintaining an
adequate source of power to the system and (Iv) ail other maintenance requited to keep the alarm signaling system in proper working
condition but Seller shall be responsible for all maintenance and repair of the RF Transmitter Unit {if applicable).
3. Buyer shall obtain all necessary alarm permits (f required) and provide Seller with the assigned permit number. Buyer shall Imme-
diately notify Seller by certified mail, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shag Contact Seiler immediately upon the occurrence of any defect or malfunction of the system, telephone fines, RF Transmit-
ter Unit or any other component of the system.
D. Alarm Monitoring Procedure
1. In responding to an alarm activation report, Seller shall make reasonable effort to undertake the procedure described in the monitoring
Response Procedures furnished to Buyer upon Its execution of this contract
2. All telephone calls and conversations which are received by Sellers 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 Buyer's premises to Sellers Central Monitoring Station.
2 Seller disclaims responsibility for the transmission of alarm signals over the telephone or other transmission fadWes, IndudIrV
without limitation, the RF Transmitter Unit Buyer expressly acknowledges that the transmission of alarm signals may be interrupted
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 telephone service or any other
transmission facility(ies), Seller will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will Interrupt and diseonned any telephone communication in progress at the time the alarm
system is activated.
4. Buyer shall provide and pay for all telephone or alternate 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 timely pay Seller the monitoring fee or any other charges or fees payable to Seller as contemplated by this contrail.
Including, without ['Imitation, 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 full force any and all permits or licenses required by any governmental authority Including, without
limitation, all 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 or substantial damage or Injury to the RF Transmitter Unit.
f. Failure to maintain adequate insurance coverage to protect the premises and its contents from burglary, theft, robbery, fire, water
damage, Acts of God and other causes of damage.
g. Buyer's dissolution, termination, insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or Insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seller may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least fire days prior to such termination.
b. Declare all amounts owed Seller under this contract immediately due and payable and proceed to obtain payment of same.
c Pursue any other rights or remedies either at law or in equity now or hereafter existing.
3. No waiver by Seger of a default will be deemed a waiver of any other default regardless of the time of ooaurence of such other defau[L
iV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial Invalidity
If any term, provision, covenant or condition of this contract Is heli by a court of competent jurisdiction to be Invalid, void or unenforce-
able, the remainder of this contract shall remain In full 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 writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this 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 promise not contained
In this contract shall be valid or binding.
C. Execution
This contract is not binding upon Seller until executed by a duly authorized officer of Seiler.
D. Assignment
This contract may be assigned, in whole or in part, at any time by Seller and without the consent of Buyer. Any such assignment shag
not reCeve Seiler of its obligations hereunder. This contract is not assignable by Buyer.
E. Attorneys' Fees
The prevailing party in any suit brought to enforce or Interpret any portion of this contract shall be entitled to receive such party's
attorneys' fees and costs in addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shalt not be modified or amended except by written instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
:'h ecwEH
SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. 806910
SUBSCRIBER / BUYER NAME AND ADDRESS:
Name City of Round Rock (RABB House)
City, State Round Roc
(Area Code) Telephone
I. MONITORINGSERVICES SUBSCRIPTION
Number 512-671-2891
Code 78664
A Monitoring Fees
1. Enlect Sales and Service, Inc, a Teas corporation ('Seger'), steel provide monitoring services as described herein subject to the tame and! con l ons set ttrN in This contract. Buyer shall pay a
munairg fee as set forth in subsection A2. below (the 'monitoring fee) and sutle addeaal charges as set foM harem Including, without limitation, mabpename fees and Cargos) -
2 Buyer shall have the option of prepaying the monthly mor hoe g fee accongrg to the Idlomng srhedus
360 "emny FBe Monitoring
B. Term
1. The term of an,
s contract stag be awed, to month beginning 1st Day of Mav 2014 and shag upon Me automatically uNe expiration of each successive term except Bal either party shall have the
option to terminate this contract by derwey of written polka by coNBed mail, ream receipt requested, to the other parry at least Betty days prior to the expiration of any term. Nooemstarding the
foregoing, Buyer shall have the right M prepay the monitoring fee as descAbea in Subsecim IA2. above.
2. If Buyer terminates els contract prior to Ne expiration of 430-15 112 1 months. Buyer shelf pay Seger, to addition to any other amounts owed by Buy" to Sellar. an amount
equal to Wee times the monWy moritaeep fee In effect as of the data of termination to compensate Salter for suer early larminafion. The foregoing three month payment is in addition to, am not in lieu
of, any other damages Sellar may incur as a result o/ BuWs lermhation under (his contract.
G Addoond Charges
1. So1Nh monitoring lea is subject to periodic adjustments provked Bat Buyer Is given wri ten slice thereof at least thirty days prior to the effective date of such adjustment. Notwithstanding any
other provision heed and provided Buyer is not in default haramder. Buyer shall have the option to terminale gas caNrad by delivery of wmmn notice by comfied mail, return receipt requested In
Sellerw fifteen days after ofa*t b mceivod. Buyefs falure to Wnely dalfvor such written noYce of krmhation b s¢Nen shall mrstiNte ecceplmre of the adff¢ted mmilonrg lee.
2. Buyer shall bear M costs incurred in mapom g to papef activation of Ne alarm signaling system, moludng, wilvhd limitation all telephone company response charges ad police, fire deparMaa
or private security pabd dspalM Carpel
II. DAMAGES AND LIABILITY PROVISIONS
A General
1. 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 $HALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS
CAUSED BY SUCH OCCURRENCES.
2. Buyer stall maintain adequate insurance coverage far the premises and IIs contents for losses wising Irern burglary, then, foppery, five, water damage, Ads of God atm other reasonably foreseeable
causes.
3. Buyer shall comply MM all reasonable requests and guidelines of Seller regarding use and opamtion of Ina alarm signaling system.
S. Liability
1. Seger is riot an Insaar and Payments described herein are basad solely upon Ne value of the seryiws herein described not upon We value of the Property to be prcteded It Is not the Intent of the
partes Nat Seller assure responsibility for any goes or damage mused by burglary, theft robbery, fere, Acis of God" other muses. NOtwithdaming the above powis ons B any list gly should arise on
the pad of Sellar Wer this contract whether We to equipment malfunctions, sinal Interruptions, Acts of God, gee negligence of Seller or otherwise, such fiabsily shag be bailed to $5,DDD.00, which sum
shall be paid atm received as liquidated damages. Buyer acWwMedges met any sum gabdity as herein set forth is fixed as liquidated damages and this recovery sheg be complete and exclusive.
SEE ADDTIONAL TEAMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTEDak VAlIi3msor,CWntV, Texas, on this ,y8_day of May 2014
a • .y
BUYER EnleM Sales end Servxx, hhc.
By.
NOTICE: COMPLAINTS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAYBE DIRECTED TO:
Teas Board of PMate Imxsdgatas and Priests Searitles A,emes. P.O. Box 1% , Austin. Terms 7W0s, 512 IM20a
III. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
Buyer shag pay all fines, penalties and charges levied against Setter 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. Dispatch of Authorities
If more than fire 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 Seiler that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seller's satisfaction. Seller shag make a reasonable effort to notify Buyer of
its decision to cease the dispatch of local authorities due to excessive false alarms.
C. Obligation as to Use and Maintenance of time System
1. Buyer shag fully and accurately disclose to Se1W the information requested In the Emergency Contact Information Sheet furnished
to Buyer and shall update such Information In writing. Buyer acknowledges that such Information is essential to the performance of
Sellers obligations under this contract and that Seller shall attempt to contact only the designated Individuals at the telephone number
€ndtcated on the Emergency Contact information Sheet.
2. Buyer Shag be responsible for @ providing quafifled or competent employees of representatives to activate and disarm the alarm
signaling system (ii) maintaining the telephone lines connecting the premises In proper working order (ill) providing and maintaining an
adequate source of power to the system and (w) all other maintenance requited to keep the alarm signaling system in proper working
condition but Seller shalt be responsible for all maintenance and repair of the RF Transmitter Unit (f applicable).
3. Buyer shall obtain ail necessary alarm permits (if required) and provide Seller with the assigned permit number. Buyer shall Imme-
diately notify, Setter by certified mail, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seller immediately upon the occurrence of any defect or malfunction of the system, telephone lines, RF Transmit-
ter
ransmitter Unit or any other component of the system.
D. Alarm Monitoring Procedure
1. In responding to an alarm activation report. Seger shatI make reasonable effort to undertake the procedure described in the monitoring
Response Procedures furnished to Buyer upon its execution of this contract.
2. All telephone calls and conversations which are received by Sellers monitoring facility shag 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 Central Monitoring Station.
2. Seller disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facilities, including
without limitation, the RF Transmitter Unit Buyer expressly acknowledges that the transmission of alarm signals may be Interrupted
distorted or eliminated entirely by factors totally beyond Setter's 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 telephone service or any other
transmission fadiily(€es), Seller will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will Interrupt and disconnect any telephone communication In progress at the time the alarm
system Is activated.
4. Buyer shag provide and pay for all telephone or alternate 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 timely pay Seller the monitoring fee or any other charges or fees payable to Seller as contemplated by this contract,
Including, without lim€tat€on, 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 full force any and all permits or licenses required by any governmental authority Including, w€tixxut
limitation, all commissions, boards, subdivisions or agencies thereof.
d. Buyer's default under any tease covering the premises upon which the RF Transmitter Unit is located or installed.
e. Loss, theft or substantial damage or injury to the RF Transmitter Unit.
f. Failure to maintain adequate insurance coverage to protect the premises and its contents from burglary, theft, robbery, fire. water
damage, Acts of God and other causes of damage.
g. Buyers dissolution, termination. insolvency, assignment of assets or property for the benefit of creditors or the commerx:ement of
any bankruptcy or insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seller may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such termination.
b. Declare all amounts owed Seller under this contract Immediately due and payable and proceed to obtain payment of same.
c. Pursue any other rights or remedies either at law or In equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default
IV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial Invalidity
If 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 full force and effect and shall in no way be affected. Impaired or invalidated.
B. Entire Agreement
This contract supersedes any and all other agreements, el0wr oral or in writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this 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 promise not contained
in this oontrad shalt be valid or binding.
C. Execution
This contract is not binding upon Seller until executed by a duty authorised officer of Seller.
D. Assignment
This contract may be assigned, in whole or in part, at any time by Seller and without the consent of Buyer. Any such assignment shall
not relieve Sellerof its obligations hereunder. This contract is not assignable by Buyer.
E. Attorneys' Fees
The prevailing party In any suit brought to enforce or Interpret any portion of this contract shall be entitled to receive such party's
attorneys' fees and costs in addition to any other relief awarded.
F. Governing Law
This contract shag be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shall not be modified or amended except by written Instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
Annem--HE�
SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. B06910
SUBSCRIBER/ BUYER NAME AND ADDRESS:
Name Cftv of Round Rock ( McConim )
Street 301 W Bagdad Ave Blgd #1
City, State Round Rock Texas Zlp Code 78664
(Area Code) Telephone Number Work Number 512-671.2891
A Monitoring Fees
1. Enact Sales and Service, IM, a Terns corporation CSeleeh shell prmae monitoring services as described herein subject W fire terms and mrdiuons act forth in this contract. Buyer shat pay a
monitoring fee as set forth in subsection A.2. below (the'masitorig (ea') and such addtioral Barges as set forth herein (induldrg. without limitalim maintenance fees and charges).
2. Buyer shall have the Option of prepaying the monthly monitoring fee amxWrg to the folluAng schedule:
360 annually Fire Monitoring
6 Term
1. Tire amt of Ws contract shall be month to month beginning 1st Dav of June 2014 and shah renew eutomagcally upon the expirallm d each suorxasN. term escepr that either party shal have the
option to terminate This contract by delivery of wrigen notice by certified mall, rehan receipt requested, to Ne other party at least thirty days prior to Ne expiration of any term Notwithstanding the
farogoing, Buyer shall haw the right to prepay the monitoring fee as deacri ted in Subsection I.A2 above.
2. If Buyer arMnafes Nis contrera prior to the e�pFallcn of 5-31-15 (12 1 months. Buyer stall pay Setter, in addhon to any other amounts owad by Buyer to Seller, an amount
equal to three Umes the mmthty monitoring lee In effect as of the, data of lamination to compensate Sailer for such early termbatim The foregoing three marlin payment is in addition to, and not in lieu
of, any ether damages Seller may mour as a resdi of Buyer's lermina tan under this cmvatt
G Addifimal Charges
1. Sallee. mavlori'g in is sublect to periodic adjustments provided Net Buyer is given written notice thereof at least fidny days prior to Ne effective date of such adjustment Norwithstanaing arty
agar wml-ion hereof and provided Buyer is nor in default hereunder. Buyer Shan have ger option to lerminale Ws contract by dreWery of w Itm matte by certified mail. ream receipt requested to
Seer within fifteen days alter notice of adjustment Is received. Buyer's ladune to timely deliver such wrftw notice of lamination to Seller shall constitute acceptance of the adjusted nreNldring fee
2. Buyer "I beer al costs incurred in responding to proper, xcwatim of the alarm sgnatN system. Including. whhcsn limiatim ap telephone company response charges atm police. fro department
or pmate security patrol dispatrlt Larges.
ll. DAMAGES AND LIABILITY PROVISIONS
A General
1. BUYER ACMCWLEDGES 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 Mail maintain adequate insurance coverage far the premises and its comans, for losses arising from burglary, their, robbery, fire, water damage, Acts of God and other reasonably foreseeable
causes.
3. Buyer shall comply with an reasonable, requests and guidelines of Seller regarc hl; use and operation of the alarm signaling system.
S. Liablity
1. Sellar is not an insurer and paymerse described herein are based solely upon the valor of the samoss herein described rot upon the ralue of the property b be protected It Is not the intent of Ne
parties pat Saw ensure responsibility for my loss or damage caused by burglary. Nen, robbery, fps. Acts d God or other causes. Notwithstanding the above provisions V any lubifty should mise an
the pad of Seller oder Nis contract whetrrer due to equipment malfunctions, sfind Inwe bans. Acts of God, the negligence of Seller or ogruxvise, such Itabgdy shal be gmhed b E5.0D0.00, which sum
shah be pad and received a. liquidated damages. ulow
Suyer adledgw gat any such liati iry as herein set font is fixed as liquidated dges amaand Ws recovery stall be compete and exctu m
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTEDst Wlgamsm CotmN Cllvo(Round Rork ,Texas,mthis 27th day of Mev -201A—
BUYER Enu ch Sales and Service, Inc.
By By: WYY!/- �villl'Y"✓•"—
By.
NOTICE: COMPLAINTS OR INQUIRIES REGARDWG ENTECH SALES AND SERVICE, INC. MAY BE DIRECTED TO:
Texas Board of Pt4ate bvesligalnm and Privale Securities Agendas, Rol Bax 13509. Austin. Texas 78701, SIWI75rt 44
i
III. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
Buyer shag pay all fines, penatties 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. Dispatch of Authorities
It more than fire false alamhs which result to 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 Seller that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seller's satisfaction. Seiler shag make a reasonable effort to notify Buyer of
Its 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 Information requested in the Emergency Contact Information Sheet furnished
to Buyer and shall update such information In writing. Buyer acknowledges that such Information is essential to the performance of
Seller's obligations under this contract and that Seller shall attempt to contact only the designated individuals at the telephone number
Indicated on the Emergency Contact Information Sheet.
2. Buyer Shag be responsible for @ providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (ii) maintaining the telephone tines connecting the premises in proper working order (iii) providing and maintaining an
adequate source of power to the system and (iv) all other maintenance requited to keep the alarm signaling system to proper working
condition but Seger shall be responsible for all maintenance and repair of the RF Transmitter Unit (if applicable).
3. Buyer shag obtain all necessary alarm permits (f required) and provide Seller with the assigned permit number. Buyer shag irune-
diately notify Setter by certified mail, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shag Contact Seger immediately upon the oaarrrence of any defect or malfunction of the system, telephone fumes, RF Transmit-
ter
ransmitter Unit or any other component of the system.
D. Alarm Monitoring Procedure
1. In responding to an alarm activation report. Seller shall make reasonable effort to undertake the procedure described In the monitoring
Response Procedures fumished to Buyer upon Its execution of this contract.
2. Ali telephone calls and conversations which are received by seller's 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 Buyer's premises to Seller's Central Monitoring Station.
2. Seller disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facilities, including
without limitation, the RF Transmitter Unit Buyer expressly acknowledges that the transmission of alarm signals may be interrupted
distorted or eliminated entirely by factors totally beyond Seller's 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 telephone service or any other
transmission facility(es), Seller will have no notice or knowledge of the alarm activation.
& The transmission of the alarm signals will Interrupt and disconnect any telephone communication in progress at the time the alarm
system is activated.
4. Buyer shall provide and pay for all telephone or alternate 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 timely pay Seller the monitoring fee or any other charges or fees payable to Seller 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 to full force any and all permits or licenses required by any governmental authority including, without
limitation, all commissions, boards, subdivisions or agencies thereof.
d. Buyer's default under any lease covering the premises upon which the RF Transmitter Unit Is located or Installed.
e. Lass. theft or substantial damage or Injuryto the RF Transmitter Unit
f. Failure to maintain adequate Insurance coverage to protect the premises and Its contents from burglary, theft, robbery, fire, water
damage, Acts of God and other causes of damage.
g. Buyer's dissolution. termination, insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seger may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such termination.
b. Declare all amounts owed Seller under this contract immediately due and payable and proceed to obtain payment of same.
a Pursue any other rights or remedies either at law or in equity now or hereafter existing.
3. No waiver by Seger of a default Will be deemed a waiver of any other default regardless of the time of occurrence of such other default
IV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial Invalidity
If 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 shag 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 writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this 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 promise not contained
In this contract shall be valid or binding.
C. Execution
This contract is not binding upon Seller until executed by a duly authorized officer of Seller.
D. Assignment
This contract may be assigned, In whole or in part, at any time by Seiler and without the consent of Buyer. Any such assignment shall
not relieve Seiler of its obligations hereunder. This contract is not assignable by Buyer.
E. Attorneys' Fees
The prevailing party in any suit brought to enforce or interpret any potion of this contract shall be entitled to receive such partys
attorneys' fees and costs In addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shag not be modified or amended except by written Instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
esnmec-H
SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. 806910
SUBSCRIBER] BUYER NAME AND ADDRESS:
Name City of Round Rock (Library)
City, State Round Rock Texas Zip Code 78664
(Area Code) Telephone Number Work Number 512-6671-2891
1. MONITORING SERVICES SUBSCRIPTION
A Monitoring Fees
1. En isch Sales and Service, the, a Teras wryornon ('Select. shell provide monitoring services as desorfbed Wain subject! to Ne lams and conditions set IoM in this contract. Buyer shall pay a
mondarvg fee as set onh in subsection A2. below Rhe 'm rritmng fee) and such additional charges ae set forth herein (including, without hritatlm, maintenance fees and charges).
2. Buyer shah have the pool of prepaying the monWy monitoring fee according to yon fdbwing schedule.
360 annually Fire Monitoring
B. Tenn
1. The lean of this faired shall be month to month beginning 1st Dev d Juna 2014 end shall renew nuoanationly upon Ute emiralion of each successive tens except that ether party shell have Ute
option to sa m nate this conlred by delivery of written notice by certified malt, relum receipt requested, b the other party at least thirty days pricy to Ne expiration of any term. Nplwilhstardrg Uhe
("Ong, Buyer shall have the right to gapay Us monitoring fee as described in Subsection I.A2, above.
2. If Buyer terminates Nis contract prior to the expiration of 5.31-15 (12 1 months Buyer shall pay Seller, in addition to any other amens owed by Buyer to Seller, an amount
e Wal to Uvea times the monthly moriloring fee In affect as d the date of termination to corrpemate Seller for such early Iermlnallon. Tho loregobhg three month payment is in addition lo, and Win Get,
of, any other damages Seller may incur as a result of Buyer's temdnal'wn under this contract.
C. Additional Charges
1. SuslWs monlorng fee is subject to periadlc adastrnents provided ]hal Buyer Is given "]ten notice thereof at least Noy clays prior to Ne effective date d such adjustrrsnt. NoWmanAng any
other aavlsmn hereof ant provided Buyer Is not in default hereunder, Buyer shall have the option to laminate this contract by de ivery Of written notice by cerfiled mail, learn recept requested to
Seger vahn fifteen days ane notice of adjustment is received. BuyH& failure to dimly tY4ver such wri0e, nolim of tamiugesn to Seller shall uarsdLm acceptance d the adjusted Monitor'ig fee
2. Buyer shall bear all casts inarred in responding to proper activation of this al signalig ifinew, inchhdug, without Rnilation all h:lepho is comparry response charges and price, fire de saftent
or private security pawl dispatch charges;.
If. DAMAGES AND LIABILITY PROVISIONS
A General
1. 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 shag manlain adequate insuranw coverage for the pre nfses and Its comer for losses arising from burglary, theft, robbery, foal, "tor damage. Ash of God and other reasonably foreseeable
causes.
3. Buyer shell o=* will at reasonable requests and guidelines d Seller regarding use and Operation d she warm signaling system
B. Liability
1. Saler is not an insurer and Payments desoibed heroin are based solely upon tib value of the services herein desorhbed not upon the value of the property to be protected, N is not the intent of the
pelves the Selz assume responsibly M any loss or damage mused by bungles. thak robbery, he, Acte of God Or other causes. NoNAlhstandng the, above provisions it arty lability shuts arise on
the part of Seller urda Nis cpnbacl whether due to equipment m ill' ncions, si¢sl Mamptic s. Ads of God, the negligence d Seller or otherwise. such labiRy shell be urged to S5,00o.00, which sum
shall be paid and received as figL!dwd damages. Buyer eWhowledges Nat any such ibbilhy as herein set font b eyed as liquidated damages and this remvay"be complete and exclusive.
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTED a WiliumCguntv Citv,fRoundRoOv , Texas, on this 27th say of Mev, . 2014
BUYER Entech Sales ends Service, Inc.
BY. By
By:
NOTICE: COMPLAINTS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAY BE DIRECTED TO:
Texas Bosh of P vem I.skinors wall Prtvme Ser lues Agendas, P.O. Box 13509, Austin, Texas Rings. 512/4753909
Ill. MONITORING AND DEFAULT PROVISIONS
A- False Alarms
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. Dispatch 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 Seller that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seller's satisfaction. Seller shag make a reasonable effort to notify Buyer of
Its 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 shag fully and accurately disclose to Seller the Information requested In the Emergency Contact Information Sheet furnished
to Buyer and shall update such Information In writing. Buyer acknowledges that such information is essential to the performanoe of
Seller's obligations under this contract and that Seller shall attempt to contact only the designated individuals at the telephone number
Indicated on the Emergency Contact Information Sheet.
2. Buyer Shap be responsible for (I) providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (ii) maintaining the telephone fines connecting the premises in proper working order (iii) providing and maintaining an
adequate source of power to the system and (iv) all other maintenance requited to keep the alarm signaling system in proper working
condition but Seller shall be responsible for all maintenance and repair of the RF Transmitter Unit (If applicable).
3. Buyer shall obtain all necessary alarm permits (d required) and provide Seller with the assigned permit number. Buyer shall imme-
diately notify Seller by certified mail, retum receipt requested of any suspension. termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seller Immediately upon the occurrence of any defect or malfunction of the system, telephone tines, RF Transmit-
ter Unit or any other component of the system.
D. Alarm Monitoring Procedure
1. In responding to an alarm activation report. Seiler shall make reasonable effort to undertake the procedure described in the monitoring
Response Procedures furnished to Buyer upon Its execution of this contract.
2. All telephone calls and conversations which are received by Seller's 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 Seller's Central Monitoring Station.
2. Seger disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facifities, Inotudng
without limitation. the RF Transmitter Unit Buyer expressly acknowledges that the transmission of alarm signals may be interrupted
distorted or eliminated entirety by factors totally beyond Seller's 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 telephone service or any other
transmission factlity(les). Seller will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will interrupt and disconnect any telephone communication In progress at the time the alarm
system Is activated.
4. Buyer shall provide and pay for all telephone or alternate transmission facility charges and tariffs and any Increase In or addition to
such ctrarges and tariffs.
F. Default
1. The Buyer shag be In default upon the occurrence of any of the following events or conditions.
a. Failure to timely pay Seller the monitoring fee or any other charges or fees payable to Seller as contemplated by this contract,
Including, without limitation, ag maintenance or repair charges.
b. Failure to comply with all material terms and conditions of this contract.
c. Fa€lwe to obtain and maintain in full force any and all permits or licenses required by any governmental authority including, without
fimitatlon, all commissions, boards, subdivisions or agendas thereat.
d. Buyer's default under any lease covering the premises upon which the RF Transmitter Unit is located or installed.
e. Loss, theft or substantial damage or injury to the RF Transmitter Unit.
f. Failure to maintain adequate insurance coverage to protect the premises and Its contents from burglary, theft, robbery. fire, water
damage, Acts of God and other causes of damage.
g. Buyer's dissolution, termination, insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or Insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seller may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such termination.
b. Declare all amounts owed Seller under this contract Immediately due and payable and proceed to obtain payment of same.
c. Pursue any other rights or remedies either at law or in equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default.
IV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial Invalidity
If 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 full force and effect and shall in no way be affected. Impaired or invalidated.
B. Endre Agreement
This contract supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this 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 parry, which are not contained herein, and that no other agreement, statement or promise not contained
In this contract shall be valid or binding.
C. Execution
This contract is not binding upon Seller until executed by a duly authorized officer of Seller.
D. Assignment
This contract may be assigned, In whole or in part, at any time by Seger 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 prevailing party in any suit brought to enforce or interpret any portion of this contract shag be entitled to receive such party's
attorneys' fees and costs in addition to any other relief awarded.
F. Governing Law
This contract shalt be subject to and governed by the taws of the State of Texas.
G. Modification
This contract shag not be modified or amended except by written Instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
enm..'C-H:5�
SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. 806910
SUBSCRIBER I BUYER NAME AND ADDRESS:
Name CitV of Round Rock ( Wrininaham House
Street 1000 South Creek Dr.
City, State Round Rock Texas Zip Code 78664
(Area Code) Telephone Number Work Number 512-671-2891
L MONITORING SERVICES SUBSCRIPTION
A Monitoring Fees
1. Entech Sales arid Service, Irn, a Taxes corporation (•Shcef), shell provide monitoring services as described herein subject to the tams andl conditions set forth N Nis contract. Buyer shall pay e
monitoring lee as set faM In sulssection A2. below (the •mMilaNg fee) and read, additional charges as set faM herein (Including, wlhout gmlletion, mairasnance fees and charges).
2. Buyer shall have the oplon of prepaying the moNhly monitoring fee according b the following schedJe:
360 annually Fire Monitoring
B. Tam
1. The term of This cobrecl shall be month to month beginning tsl Oav of.lun , 2014 and shall renew edamaticaly upon the expiration of each successive lens except het either party shall have the
option to temxnate his contract by delivery of written notice by certirled mail, refund receipt requested. to he other party at least WM days prior to the expiation of any term. Notwlhatan ding the
foregoing. Buyer shall have the rigid to prepay, the monitoring fee as described in Subsection 1.A2. above.
2. If Buyer terminale, this contract prior to Ire expireBon of 5-31-15 112 1 months. Buyer shall pay Seller. In addition to any other amounts owed by Buyer to Sella, an amour
equal to Wee antes the monthly monitoring fee m effect as of Ute dale of termination to compensate Seller (sr such early termination. The foregoing Bvee month payment is in addition to, and not 0 eeu
of my other damages Seger may incur as a result of Buyer's termination under this contract.
C. Additional Charges
1. Seuele monidorehg fee is subject to Periodic adNstments provided hat Buyer Is given written notice thereof at least My days prior to he effective date of suds adjustment. NowaMstandi g arty,
ober Provision hereof and provided Buyer Is not in default hereunder. Buyer shall have the option to terminate this contract by delivery, of wraten rwlice by codified mail, morn receipt requesled b
Sella withth fifteen days after notice of edjusbnent Is received. Buyers fawe to Bmety deliver such wntler take of termination to Sella shall corallins acceptance of he adjusled monitoring fee.
2. Buyer Nall bear all coals incurred In responding to proper sdlvalion of the aam signaling system, Including, w1Blout fmmadan all telephone company response charge, said police, roe deparlmant
or private security, patrd dispatch charges.
fl. DAMAGES AND LIABILITY PROVISIONS
A General
1. BUYER ACKNOWLEDGES THAT THE ALARM SYSTEM AND SERVICES ARE DESIGNED SOLELY FOR THE PURPOSES OF DETECTING OCCURRENCES OF FORCED ENTRY, THEFT,
FIRE ANO OTHER EMERGENCIES ANO 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 Nell maintain adequate insurance coverage for he Promises and ile contents for losses basing from WBlary, theft, robbery, filo, water damage. Acts of God and cher reesorlably foreseeable
causes.
3. Buyer shall cods, with all reasonable requests and guidelines dSeller regarding use and operation of he alarm signaling system
B. UabOity,
1. Seller is not an insurer end payments described thein are based solely upon the value of the services retain describetl not upon Bre value of ha property to be protected 11 is not the LYent of he
Parties that Seiler assume responsibility far any loss or damage mused by burglary, haft, robbery, fire, Acts of God or other causes. Nota hslandmg he above provisions B any Bab4ty shoud arise on
the part of Seller ostler his contract wfglh r due to equipment malfunctions, signal fnlemNBMs. Ads of God, he negligence of Sugar or otherv4se, such Basi y stall be fanned to S5.00D.00, ~ sun
Nall be paid and received as liqudaled damages Buyer aclaprAedges hal any such Gabiay as Wain set bM is fixed as fpuidated damages and this recovery shat) be complete end exclusive,
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTED at Wiliamsor,Coormai , Teses an his 27M on of May
BUYER Entech Sales and Service, Inc.
�
By. By.
NOTICE, COMPLAINTS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAY BE DIRECTED TO:
Teves Boam d Finale Ir vevdgetors aid Rivals Seodses Agencies, P.O. Bm 13509, Au,an, Tears 78701, SIX47S39M
III. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
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. Dispatch 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 Seller that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seller's satisfaction. Seiler shall make a reasonable effort to notify Buyer of
its 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 information requested in the Emergency Contact Information Sheet furnished
to Buyer and shall update such Information in writing. Buyer acknowledges that such Information Is essential to the performance of
Seller's obligations under this contract and that Seller shall attempt to contact only the designated Individuals at the telephone number
indicated on the Emergency Contact information Sheet
2. Buyer Shall be responsible for (i) providing qualified cr competent employees of representatives to activate and disarm the alarm
signaling system a maintaining the telephone lines connecting the premises in proper working order (€G) providing and maintaining an
adequate source of power to the system and (v) all other maintenance requited to keep the alarm signaling system In proper working
condition but Seller shall be responsible for all maintenance and repair of the RF Transmitter Unit (if applicable).
3. Buyer shall obtain all necessary alarm permits (f required) and provide Seller with the assigned permit number. Buyer shall imme-
diately notify Seller by certified mail, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seller Immediately upon the occurrence of any defect 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, Seller shall make reasonable effort to undertake the procedure described In the monitoring
Response Procedures furnished to Buyer upon Its execution of this contract
2. All telephone calls and conversations which are received by Seller's 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 Buyer's premises to Sellers Central Monitoring Station.
2. Seller disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facilities, including
without limitation, the RF Transmitter Unit Buyer expressly acknowledges that the transmission of alarm signals may be interrupted
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 telephone service cr any other
transmission fac€lity(les). Setter will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will Interrupt and disconnect any telephone communication in progress at the time the alarm
system is activated.
4. Buyer shall provide and pay for all telephone or alternate 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 fotloiMng events or conditions:
a. Failure to timely pay Seller the monitoring fee or any other charges or fees payable to Seiler 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 contracL
c. Failure to obtain and maintain In fust force any and all permits or licenses required by any governmental authority Including, without
limitation. all commissions. boards, subdivisions or agencies thereof.
d. Buyer's default under any lease covering the premises upon which the RF Transmitter Unit is located or installed.
e. Loss, theft or substantial damage or injury to the RF Transmitter Unit.
f. Failure to maintain adequate Insurance coverage to protect the premises and its contents from burglary, theft, robbery, fire, water
damage, Acts of God and other causes of damage.
g. Buyers dissolution, termination, insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or Insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seiler may exercise any and all of the following rights and remedies.
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such termination.
b. Declare all amounts owed Seller under this contract Immediately due and payable and proceed to obtain payment of same.
c. Pursue any other rights or remedies either at law or in equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default
W. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial Invalidity
If 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 full 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 writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this 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 promise not contained
In this contract shall be valid or binding.
C. Execution
This contract is not binding upon Seller until executed by a duty authorized officer of Seller.
D. Assignment
This contract may be assigned, In whole or in part, at any time by Seller and without the consent of Buyer. Any such assignment shall
not relieve Seiler of its obligations hereunder. This contract is not assignable by Buyer.
E. Attorneys' Fees
The prevailing parry In any suit brought to enforce or Interpret any portion of this contract shall be entitled to receive such party's
attomays' fees and costs In addition to any other relief awarded.
F. Governing Law
This contract shag be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shall not be modified or amended except by written instrument signed by the parry to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
Anmac-H�
SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. 806910
SUBSCRIBER / BUYER NAME AND ADDRESS:
Name City of Round Rock f Fire Station #7 1
Street 2811 Oakmont Blvd.
City, State Round Rock, Texas Zip Code 78664
(Area Code) Telephone Number Work Number_ 512-671-2891
I. MONITORING SERVICES SUBSCRIPTION
A Monitoring Fees
1. Enach Sales arm Service, Inc., a Tens corporation CSelef), stall provide annealing services as described herein subject to tte terms alio motions set harm in INS contract, Buyer shall pay a
aanBorfip fee as Set farm In Su0.seetbn A2. below (uw-mandoring fee') ane Such additioal carges as sof faith herein (including. w mcut fimianan, maintenance fees eel etwWy
2. Buyer shall have the option of prepaying the rm ahly monitoring fee arcading to the feltowirg Schedule:
360 annually Fite Monitoring
a Term
1. The arnnd Ws contract shad be month a month beginning 1st D d Jona 2014 arm shat renew automatically upon the am ranm d each successive farm escept that eih& party Shea have the
option to Nrmnea one contract by delWery d emm notice by oartfed mal, refs, receipt requested. So the other party at leas) thiel days prop M the expiation of arty lana. Nobi015ar1dvg me
foregoing. Buyer Shag have toe right W prepay the aonMaYg fee as described th SuMecOm IA2 above.
2. o Buyer terminates, this muted prior to the a piratim of 531-15 f12 1 months. Buyer shall pay SSI&, n addition to any other amounts muse by Buyer to Seller, an arbours
Seem to avec tnaS the monthly monitoring fee in effecl Ss of Vee date of terminabon b compensate Seller for such early lemhRefipl The foregoing wee month palmers is in addition W. AN not in feu
of, any other damages Solar may loco as a lasWi of Buyers terminalion Wer Ws contract.
G Additional Charges
I. SOWS Monitoring fee Is su l fect to periodic sd usbmeres Provided hat Buyer is given sm'den notion thoeof at least they days prior b the effective dale of such adjustmere, Notailhstandsg any
other prwisim hereof and Provided Buyer is net In default hereunder, Buy& shall hew the option to terminate Ws cordmq by c a9very of written notice by cor5fied man, retum receipt rswasted to
Sao& wNm ftlaan Boys aver notice of atAusMenl Is received. Buyers save to timery tleliva such wlittee nonce of armthation to Sellershaa consliwa epatNanco of the &Austad mordbdrhg fee
2. Buyer shall boor en costs Incurred In MPondig to proper acavatim d the alarm signaling system, in ludag, wlaaut "agm tog telephone company response charges and poke, fire dsom mer,
or Private sacunty peed dispatch cargos.
IL DAMAGES AND LIABILITY PROVISIONS
A General
1. 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 shall maintain adequate Insurance cowrage far the premises arm its contents for losses tossup from burglary, inch, robbery, fire, water damage. Ach, of God alio other reasonably foreseamte.
causes.
3. Buy& shell comply with all reasonable requests and guidelines of Seller regarding use oto operation d the Salm signaling System.
B. Liability
1. Seller Is net en mala and payments described herein are based solely upon the value of the services herein dearsoo d nor upon the value of the property to be protected. It is rat da Wed of the
pardes met Seller sssume responsibility for arty loss or damage coused by burglary, aefr, rubbery, foe. Acs of God or other causes. NONAhstandmg Ne above proumas II arty liability should arise an
toe pat of Sella War WS c0emelt *n her due to equipment mSfnclons, aignW ntamprans. AAs of God, the negligence of Seller or ameeeise, such liadrdy Sao be united to $5,000.00, which can
shall be paid and receJwd as liquidated damages. Buy& a0mmledgas that any such liability as herein set form is fine as Ikpddaad damaBas and this recovery shag be complete and %cluoies.
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTED at Williamson CQSotVhV Of RaurM Reek , Toms. an his 27th day d Mev 2B,a _
BUYER Entech Sales and Service, Incc..,//i��
NOTICE: COMPLAINTS OR NOUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAY BE DIRECTED TO:
Tams Somal d PM is avestgaam ane p,Waa Seau, n e Agendas. P.O. acs 13509, AusIN. Teves 76)d4, 51VA!71N)44
III. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
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. Dispatch of Authorities
If move than five false alarms which result In the dispatch of local authorities occur within any twelve month period. Seiler shall not be
responsible for dispatching the local authorities unless prior thereto Buyer reasonably satisfies Seiler that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seller's satisfaction. Seller shah make a reasonable effort to notify Buyer of
Its decision to cease the dispatch of local authorities due to excessive raise alarms.
C. Obligation as to Use and Maintenance of the System
1. Buyer shall fully and accurately disclose to Seiler the Information requested in the Emergency Contact Information Sheet furnished
to Buyer and shall update such information in writing. Buyer acknowledges that such Information is essential to the pertormanoe of
Seller's obligations under this contract and that Seiler shall attempt to contact only the designated Individuals at the telephone number
Indicated on the Emergency Contact Information Sheet.
2. Buyer Shall be responsible for (i) providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (ii) maintaining the telephone lines connecting the premises In proper working order (iii) providing and maintaining an
adequate source of power to the system and Qv) all other maintenance requited to keep the alarm signaling system in proper working
condition but Seiler shall be responsible for all mafitenance and repair of the RF Transmitter Unit (if applicable).
3. Buyer shall obtain all necessary alarm permits (d required) and provide Seiler with the assigned permit number. Buyer shall imme-
diately notify Seller by certified mail, return receipt requested of any suspension, termination or revocation of any required pemdt or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seller immediately upon the occurrence of any defect or malfunction of the system, telephone lines, RF Transmit-
ter
ransmitter Unit or any other component of the system.
D. Alarm Monitoring Procedure
1. in responding to an alarm activation report, Seller shall make reasonable effort to undertake the procedure described In the monitoring
Response Procedures furnished to Buyer upon its execution of this contract
2 All telephone calls and conversations which are received by Seller's monitoring facility shall be recorded by Seiler.
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 Buyer's premises to Seller's Central Monitoring Station.
2. Seller disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facilities, including
without limitation, the RF Transmitter Unit Buyer expressly acknowledges that the transmission of alarm signals may be Interrupted
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 telephone service or any other
transmission facility(ies), Seiler will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will Interrupt and disconnect any telephone communication in progress at the time the alarm
system Is activated.
4. Buyer shall provide and pay for all telephone or alternate 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 timely pay Seller the monitoring fee or any other charges or fees payable to Seller as contemplated by this contrail,
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 full force any and all permits or licenses required by any governmental authority Including. without
limitation. all 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 or substantial damage or Injury to the RF Transmitter Unit.
i Failure to maintain adequate Insurance coverage to protect the premises and its contents from burglary, theft. robbery, fire, water
damage. Acts of God and other causes of damage.
g. Buyers dissolution, termination, insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or Insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seller may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such temitnation.
b. Declare all amounts owed Setter under this contract immediately due and payable and proceed to obtain payment of same.
o Pursue any other rights or remedies either at law or in equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default.
iV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial Invalidity
If any term, provision, covenant or condition of this contract is held by a court of competent jurisdiction to be invalid, vold or unenforce-
able, the remainder of this contract shalt remain in full 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 writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this 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 promise not contained
In this contract shall be valid or binding.
C. Execution
This contract Is not binding upon Seller until executed by a duly authorized officer of Seller.
D. Assignment
This contract may be assigned, in whole or in part, at any time by Seller and without the consent of Buyer. Any such assignment shall
not relieve Seiler of its obligations hereunder. This contract is not assignable by Buyer.
E. Attorneys' Fees
The prevailing party in any suit brought to enforce or interpret any portion of this contract shall be entitled to receive such party's
attomeys' fees and costs In addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shall not be modified or amended except by written Instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
Anm..wH�
SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. 806910
SUBSCRIBER/ BUYER NAME AND ADDRESS:
Name City of Round Rock ( Fire Station #61
Street 2919 Joe DimaaDlo Blvd
City, State Round Rack Texas Zlp Code 78664
(Area Code) Telephone Number Work Number 512-671-2891
I. MONITORING SERVICES SUBSCRIPTION
A Monitoring Fees
1. Ente ch Sales axl Service. Inc. a Texas corporation CSellan, man provide moNoring services as described heren subject to the leets and conditions set forth In this cadact. Buyer Nall pay a
monitoring fee as set font in sub-secuon A2. below (the-monitwi g (ee') and Such addhImal Charges as set forth herein (indudmg. wipeout Gmltetiort me W nonce fees and charges).
2. Buyer stall have Me ogim of prepaying dine moMgy monitoring fee ecocrcirV to Me following schedule:
360 annually Fire Monitoring
S.Tenn
1. The Mond this cannot shall be month to month beginning 1st Dov of June 2014 acct Shelf renew alstomancelly upon Me evOradm of each Successive farm except Mat either party shag have Me
option b temt'ram, uta contract by delivery of written mice by codified mad, rehen receipt requested, to the oegr parry at least WM days prior b Me expiration of arty Mm Nalwil xAMI' g the
foregoing, Buyer Mail have dee riga to prepay gine motlorig fee as described in Subsection I.A2 above.
2.1f Buyerlrn mals MIs tIDdnaol prbr to Me epprmbn of 5-31-15 - (12 1 months. Buyer shall pay Seger, In addition to my chor amounts owed by Buyer to Seeer, an amount
equal to three times Me monWy monitoring fee in effect as of her We of termination to cennpms a Salle, for such early Wrlinalim. The focegong Me comm payment is In addition to, and not in lieu
of, an other damages Seder may Inver as a result of Buyer's temietalion vMer this cowed.
C. Additional Charges
1. Seals monitoring fee is stbjed to periodic adjustments provided that Buyer a given written notice thereof at least Miny days prior to the effective dale Of Such adlydmem. NoMith taMhg my
other provision hereof end provided Buyer is not in default heramtler. Buyer man have Me option to tenements this contract by delivery of written notice by wed mail, return receipt requested! to
SensrvnMin fineen days after notice of adjusMent is received. Buye!c lance blimnly tleliver svdh w110en notice al lemninallm to Seller shad constitute aoceptarce dtlhe adjuded morildirg fen.
2. Buyer shad bear all coals Incurred in responding to proper activation of Me, alarm signaling system, Including, without limitation all tebphme rampany response charges and poke. Poe department
or private seamy Parol dlspaMe drerges.
II. DAMAGES AND LIABILITY PROVISIONS
A General
1. 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 Shall meinlaWadegwle Insurance coverage for Me premises and its contents for bases ans4g from burglary, theft, robbery, fee, water damage, AW of God ant other reasonably foreseeable
couses.
3. Buyer shorn comply with an reesmable requests and guidelines of Senerregatdng use and operation of Me aMm signaling system.
B. Liability
1. Better is not an name and payments desdlbed herein we based solely upon the value of the services hems described not upon the value of Me property 0 be protected. It is nM gine Want of the
Parties gal Seller assume responsibility for any loss or damage caused by burglary, theft, robbery, fere, Ads of Gad or other couses. Notwithstanding the above provisiw d my liability should was on
the pan of Seller under this contract whether due b equipment malfunctions, signal interruptions, Ads of God. dine negligence of Seger or otherwise, such liability mad be fulled to 55,000.00, which sun
shag be pail and received as nguidated damages. Buyer acknov ladges Mat any such liability as herein set forth is axed as rgddaled damages and this recovery shag be complete ant exclusive.
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTED at VinformonC,sirth,, Texas, on Ws 21M d3Y of Mav .20J4
BUYER a Enrah, Sete. and Service, Inc, x
ar. O s By.
NOTICE: COMPLAINS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE. INC. MAY BE DIRECTED TO:
Texas Board of P&SIS, Invesligated vol Plvals Swuntes Agences, P.O. Box 13509. Austin. Texasng ,512`12 3911
III. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
Buyer shall pay all fines, penalties and charges levied against Seiler 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. Dispatch 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 Seller that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seller's satisfaction. Seller shall make a reasonable effort to notify Buyer of
Its 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 Information requested in the Emergency Contact Information Sheet fumished
to Buyer and shall update such information in writing. Buyer acknowledges that such Information is essential to the performance of
Setters obligations under this contract and that Seller shall attempt to contact only the designated individuals at the telephone number
Indicated on the Emergency Contact Information Sheet.
2. Buyer Shall be responsible for (i} providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (1€) maintain€ng the telephone tines connecting the premises In proper working order (€it) providing and maintaining an
adequate source of power to the system and (Iv) all other maintenance requited to keep the alarm signaling system In proper workbag
condition but Seller shall be responsible for all maintenance and repair of the RF Transmitter Unit (if applicable)_
3. Buyer shall obtain all necessary alarm permits (if required) and provide Seiler with the assigned permit number. Buyer shalt imme-
diately nollty Seller by certified mail, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seiler Immediately upon the occurrence of any defect or malfunction of the system, telephone lines, RF Transmit-
ter Unit or any other component of the system.
0. Alarm Monitoring Procedure
1. In responding to an alarm activation report, Seller shall make reasonable of%R to undertake the procedure described In the monitoring
Response Procedures furnished to Buyer upon its execution of this contrail.
2. All telephone calls and conversations which are received by Seller's 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 Buyer's premises to Setters Central Monitoring Station.
2 Seiler disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facitities, including
without limitation, the RF Transmitter Unit. Buyer expressly acknowledges that the transmission of alarm signals may be Interrupted
distorted or eMrtinated 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 telephone service or any other
transmission facility(les), Seiler will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will interrupt and disconnect any telephone communication in progress at the time the alarm
system is activated.
4. Buyer shall provide and pay for all telephone or alternate 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 timely pay Seller the monitoring fee or any other charges or fees payable to Seller as contemplated by this contrail,
Including, without limitation, all maintenance or repair charges.
b. Failure to comply with all material terms and conditions of this contract
e. Failure to obtain and maintain In full force any and all permits er licenses required by any governmental authority Including, without
limitation, all commissions, boards, subdivisions or agencies thereof.
d. Buyer's default under any lease covering the premises upon which the RF Transmitter Unit is located or Installed.
e. Loss, theft or substantial: damage or injury to the RF Transmitter Unit.
f. Failure to maintain adequate insurance coverage to protect the premises and its contents from burglary. theft, robbery, fire, water
damage, Acts of God and other causes of damage.
g. Buyers dissolution, termination, insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or tnsotvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2 Upon the occurrence of any such even of default Seller may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such tenMnation.
b. Declare all amounts owed Seller under this contract Immediately due and payable and proceed to obtain payment of same.
a Pursue any other rights or remedies either at law or In equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default.
IV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial invalidity
If any term. provision, covenant or condition of this contract is held by a court of competent jurisdiction to be invalid, void or unenfonce-
able, the remainder of this contract shall remain In full force and effect and shalt In no way be affected. Impaired or Invalidated.
B. Entire Agreement
This contract supersedes any and all other agreements, either and or In writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this contract
adowMedges 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 promise not contained
in this contract shall be valid or binding.
C. Execution
This contract Is not binding upon Sevier until executed by a duly authorized officer of Seller.
D. Assignment
This contract may be assigned. in whole or in part, at any time by Seller and without the consent of Buyer. Any such assignment shall
not relieve Seiler of its obligations hereunder. This contract is not assignable by Buyer.
E. Attorneys' Fees
The prevailing party In any suit brought to enforce or Interpret any portion of this contract shall be entitled to receive such party's
attorneys' fees and costs to addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shall not be modified or amended except by written Instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
Anme c-HiE�
SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. 806910
SUBSCRIBER I BUYER NAME AND ADDRESS:
Name City of Round Rock ( Fire Station #5)
Street 350 Deep Wood Dr.
City, State Round Rode, Texas Zip Code 78664
(Area Code) Telephone Number Work Number 512-671-2891
I. MONITORING SERVICES SUBSCRIPTION
A Monitodng Fees
1. Enlech Sales aid Service. Inc, a Taws corporation CS~), shall prmide monio ing servants as described berem subject to Oro terms and cendbons set Toth in this contract- Buyer shat Pay e
momwing fee as eel lath in subsection AZ below (ft marWoMg fee') and such acklacnal charges as salforth herein(Includng. without Isalation,rraNtenaroe fees and manges).
2. Buyer shall have me catch of prepal the monthly mentoring fee steaming to the Teeming sehedulo'.
360 annually Fire MOnllorfllg
B. Tenn
t. tiro lent of Nis ntrNaq shall ba mOnN o moron Oegirsing 1st Da r ofhat,2014 and shat renew aumeatraly upon Ne expiration of each successive term except that either party shall have the
Milan b terminate Cis emitted by delivery of whish notice by centred mal, return receipt requested, to me Wher party at least thirty days pion to me excitation of any lam, NawiOsandrg me
foregoing, Buyer shat have me richt lo prepay the moMtert; fee as described In SubseGbn IAZ above.
2. I/Buyer lmmbates alis oonbect prig b me Miatbn of 5411-15 (12 1 months. Buyer shall pay Seller, in addition be any other amours owed by Buyer to Sera, an amount
equal to Me timers Me monthly monitoring fee in effect as of IIx date of tanNnmwn to canpensete $era far such early termihalion. The faegong three month payment is in addition to. and not h fist,
of, anyoMer damages Sellerrmy anon we a result of Buyers terminatim under this contract
C. Additional Charges
1. Seller's mmitamg fee is subject Io Periodic aQrystmems provided mat Buyer is given written notice harecf at least Many days Flier to the effective date of such adhuslmant NowManding any
other Provision hereof and provided Buyer Is not in defaull hereunder, Buyer Shan have the option to terminate this contract by delivery of wretch notes by a fod mar. return receipt requested to
SerawnNnfiftm aysaftanptoedadlu5UwMisrstetted. Buyers opium to rm*del'va sudrwMlen notice oftamhatgnb Selleraher constibne aaeptemo,ofta aclustedmmitaing fee.
2. Buyer shat bear all coals Insured In responding to proper agleation of Ne alarm signaling system, Including, without limbation all telephone company response chagas and police, We department
or pante security patrol dspatch charges.
IL DAMAGES AND LIABILITY PROVISIONS
0. Genera
1. BAYER OTHERACKNOWLEDGESEMERGE THAT THE ALARM SYSTEM AND SERVICES ARE DESIGNED SOLELY FOR THE PURPOSES OF ALL N T B 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 shall maintain adequate insurance coverage for the Promises and its contents for losses wising frau burglary, IheR robbery, rue, water damage, Acts of Gad and wher reasonably foreseeable
Causes.
3. Buyer shag comply with all reasonable requests and guidetines of Seller regarding use and operatm of Ne alarm signaling system.
B. Liability
1. Seller Is not an insurer and payments described herein era based solely upon Pe value of me services hemin described ml upon the value of Ne prepeny W be pmlated It Is tot Ne Intent of tiro
parties that Seller assume responsibility for any loss or damage caused by b rdary, Mek robbery, fie, Pits of Gad or other rat .. NobAthstadilg the above provisions if my liability should wise m
aha pad of Seller oder this ctnbact whether clue to equipmen malfunctions, signal interrupt",, Acts of God, the negligence of Seller or of arvise, such kabtity Nat be Ilrtitetl to 55,000.01), which won
shall be paid and received as liquidated damages. Buyer edtowledges that arty such liability as herein act form Is fixed as liquidated damages and this remv9ry Nag he complete and exclusive.
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE S1DE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTED at Nlllieasm Co ly City of RoundRock Texas, on Wer —2]2L—day 01Mery 2014
BUYER Enoch Sales and Service, Inc,
BY— By �✓"
NOTICE: COMPLAINTS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE. INC. MAY BE DIRECTED TO:
Texas Board of PMNs Mvestpalors ant Private Sewa4es Agencies, P.O.9a 1350a, Austin, Texe l'8704, 51V475-3914
III. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
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. Dispatch 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 Seiler 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 noty Buyer of
its 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 Information requested In the Emergency Contact Information Sheet furnished
to Buyer and shall update such Information In writing. Buyer acknowledges that such information is essential to the performance of
Sellers obligations under this contract and that Seger shall attempt to contact only the designated individuals at the telephone number
indicated on the Emergency Contact Information Sheet
2. Buyer Shag be responsible for (i) providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (ii) maintaining the telephone lines connecting the premises In proper working order (7 providing and maintaining an
adequate source of power to the system and (iv) all other maintenance requited to keep the alarm signaling system in proper working
condition but Seller shag be responsible for all maintenance and repair of the RF Transmitter Unit (f applicable).
3. Buyer shag obtain all necessary alarm permits (if required) and provide Seger with the assigned permit number. Buyer shag Imme-
diately notify Seger by certified mag, return receipt requested of any suspension. termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seger immediately upon the occurrence of any defect 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, Seiler shall make reasonable effort to undertake the procedure described in the monitoring
Response Procedures furnished to Buyer upon its execution of this contract
2. AN telephone tags and conversations which are received by Sellers monitoring facility shag be recorded by Seller.
E. Alarm Transmission
1. Buyer acknowledges that Seiler cannot provide adequate response to alarms unless a report of the alarm activation is transmitted
from the Buyers premises to Sellers Central Monitoring Station.
2. Seller disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facilities. including
without limitation, the RF Transmitter Unit. Buyer expressly acknowledges that the transmission of alarm signals may be Interrupted
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, matfunction or other Interruption of the telephone service or any other
transmission facigty(les). Seller will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will Interrupt and disconnect any telephone communication in progress at the time the alarm
system Is activated.
4. Buyer shall provide and pay for all telephone or alternate 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 timely pay Seller the monitoring fee or any other charges or fees payable to Seller 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.
a Failure to obtain and maintain in full force any and all permits or licenses required by any governmental authority including, without
limitation, all 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 or substantial damage or Injury to the RF Transmitter Unit.
L Failure to maintain adequate Insurance coverage to protect the premises and its contents from burglary, thelt, robbery, fire, water
damage. Acts of God and other causes of damage.
g. Buyers dissolution, termination, Insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or Insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seller may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such termination.
b. Declare all amounts owed Seger under this contract immediately due and payable and proceed to obtain payment of same.
c. Pursue any other rights or remedies either at law or In equity now or hereafter existing.
3. No waiver by Seiler of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default
IV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial invalidity
If 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 shag remain In full force and effect and shall In no way be affected. unpaired or invalidated.
B. Entire Agreement
This contract supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this 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 promise not contained
in this contract shall be valid or binding.
C. Execution
This contract is not binding upon Seller until executed by a duly authorized offieerof Seller.
D. Assignment
This contract may be assigned, in whole or In part, at any time by Seller 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 prevailing party In any suit brought to enforce or interpret any portion of this contract shag be entitled to receive such party's
attorneys' fees and costs in addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shall not be modified or amended except by written Instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
is
nrACWE�
SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. B06910
SUBSCRIBER I BUYER NAME AND ADDRESS:
Name City of Round Rock ( Fire Station #4 )
Street 3300 Gattis School Rd.
City, State Round Rock, Texas Zip Code 78684
(Area Code) Telephone Number Work Number 512-671-2891
I. MONITORING SERVICES SUBSCRIPTION
A Monitoring Fees
1. Entecth Sales and Service. Inc, a Texas corporation CSalle(), Shia provide monitoring services as descobed Mein subject to the tams and conditions set forth in this conbaM Buyer shall pay a
mo morn, fee as set forth in subscok n A2. below (the-monsorbg lea) am such additional changes as set forth heren (indutling, without limilelion, meime nonce fees and charges).
2. Buyer shell have no option of prepaying Me morally monitoring lee according to IM following srhedulc
360 annually Fire Monitoring
a Tom
1. The tens of this contract shall be month to month begiming 3;1 Dav of June 2814 and ship renew, outomalicelly upon Na expiration of each successive farm except that either
ippon to terminate this commict by delivery d written notice by ceNfned mail, return receipt requested. to the other P party dull have the
foregoing, Buyer shall have the rightto Lq path al least unity days priur to Me expirelien m any term NatwiMsa�rg Me
Prepay the moralodhg fore as described in Subsection LA2.above.
2. If SUM terminates this controls Priors the exp'retim of 631-15 (12 f months. Buyer shell pay Seller. In addition to any other amounts owed by Buyer to Salla, an amount
equal b Wee times pre mongdy monitoring fee in effect as of the date of termination to concerning Seller for such body terminaWm The foregoing Wee month payment Is in adtltion b, and not In lieu
of any other damages Sellar may inwr as a result of Buyeen termination under this conbect.
G Additional Charges
1. SefNfs mcniWdng fee Is subject to periodic adjusMaas provided that Buyer is given written notice (hereof at least thirty days prior to the effective date of such ag inniont- NcwinstaMhg any
other provision hereof and provided Buyer Is not in default hereurdar, Buyer shell have the option b terminate this contract by deWery of within notice by candied mal, return receipt requested to
Seller within indent days after notice of adjustment Is received. Buyers failure to bmay deliver such written rotice of termination to Seller shall col5tilute acceptance of she aduslad moNbr"vg free
2. Buyer shelf bear all costs incurred In respondig to proper activation of are gam stinging system, Including, willhout timllation all telephone company response charges and police, In department
or private security paac dispatch charges,
H. DAMAGES AND LIABILITY PROVISIONS
A General
1. 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 shell mevM adeauab nsurance coverage for the premises and in commits for bines wising horn burglary. Mete, robbery, fire, water damage. AW of God acct other reasonably foreseeable
Causes.
3. Buyer shall comply with all reasonable requests end guidelines c Seller regarding use acct operation of the alarm shingling system.
B. Liability
I. Sella is cot an Insurer and payments described herein ere based scaly upon the value of the services herein described nm upon the value of the properly b be prmectea It is not dye stem OF the
parties (hat Sol assure respondbNty, for arty tom or damage caused by buhgbrv. then, mWery, fire. Ads of God a other causes NOMithdandilg he above provisions it army Lanny should ane on
the Pon Of SCOW order this centred whether due ts equipment matruncbna, signal Interruptions, Acs of Cad, the negligence of Seller or oniew se, such liability shelf be limited to 55,000ch sum
.00, which
shag be paid and reamed as OqudaM damages Buys, admawledges del any endh liability as Man sat forth is fixed as Gquldaterl damages and this recovery shall be oanplem Arm exclusM.
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTEDad Wsllamson Canty Pity ml Rosas Rock
e ,Texas. onthis 271h days Mev 20 to
BUYER. B� ^ Entech Sales arm Service, Inc.�jA�/"
By:
NOTICE: COMPLAINTS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAY BE DIRECTED Ta.
Texas Boarda Private Inrestpabrs and P4vae Soarnal Agencies, P.D. Box 13508. Anon. Texas 7B70A, 51V4753
III. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
Buyer shall pay all fines, penalties and charges levied against Seiler or Buyer for any false alarms. Buyer shall cooperate with Seiler
to determine the cause or source of any false alarms and to prevent the occurrence of any further false alarms.
B. Dispatch of Authorities
If more than five false alarms which result In the dispatch of local authorities occur within any twelve month period. Seiler shall not be
responsible for dispatching the local authorities unless prior thereto Buyer reasonably satisfies Seiler that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seildes satisfaction. Seller shag make a reasonable effort to notify Buyer of
its 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 information requested In the Emergency Contact Information Sheet furnished
to Buyer and shall update such Information In writing. Buyer acknowledges that such information is essential to the performance of
Seller's obligations under this contract and that Seller shall attempt to contact only the designated Individuals at the telephone number
indicated on the Emergency Contac Information Sheet.
2 Buyer Shall be responsible for (i) providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (it) maintaining the telephone lines connecting the premises in proper working order (iii) providing and maintaining an
adequate source of power to the system and (iv) an other maintenance requited to keep the alarm signaling system in proper working
condition but Seller shall be responsible for all maintenance and repair of the RF Transmitter Unit (if applicable).
3. Buyer shall obtain all necessary alarm permits (if required) and provide Seller with the assigned pemhitt number. Buyer shall Imme-
diately notify Seller by certified mail, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seiler Immediately upon the occurrence of any defect 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. Seller shall make reasonable effort to undertake the procedure described in the monitoring
Response Procedures furnished to Buyer upon its execution of this contract
2 Ali telephone calls and conversations which are received by Setter's 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 Buyer's premises to Setters Central Monitoring Station.
2 Seiler disdalms responsibility for the transmission of alarm signals over the telephone or other transmission facilities, including
without limitation, the RF Transmitter Unit Buyer expressly acknowledges that the transmission of alarm signals may be Interrupted
distorted or eliminated entirely by factors totally beyond Seller's 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 telephone service or any other
transmission faciilty(ies). Seiler will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will interrupt and disconnect any telephone communication in progress at the time the alarm
system is activated.
4. Buyer shall provide and pay for an telephone or alternate 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 timely pay Seller the monitoring fee or any other charges or fees payable to Seiler as contemplated by this contract,
Including, without nmftation, all maintenance or repair charges.
b. Failure to comply with all material temps and conditions of this contract.
c. Failure to obtain and maintain in full force any and all permits or licenses required by any governmental authority Including, without
limitation, all commissions, boards, subdivisions or agencies thereof.
d. Buyer's default under any tease covering the premises upon which the RF Transmitter Unit is located or installed.
e. Loss. theft or substantial damage or Injury to the RF Transmitter Unit
E Failure to maintain adequate insurance coverage to protect the premises and its contents from burglary, theft, robbery, fire, water
damage. Acts of God and other causes of damage.
g. Buyer's dissolution, termination, insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or Insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2 Upon the occurrence of any such even of default Seller may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such termination.
b. Declare all amounts owed Seger under this contract Immediately due and payable and proceed to obtain payment of same.
c. Pursue any other rights or remedies either at law or In equity now or hereafter existing.
3. No waiver by Seller of a default win be deemed a waiver of any other default regardless of the time of occurrence of such other default
iV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial Invalidity
If 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 an other agreements, either oral or In writing, between the parties with respect to the subject matter
hereof and contains an of the covenants and agreements between the parties with respect to such matter. Each party to this 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 partl& which are not contained herein, and that no other agreement, statement or promise not contained
In this contract shall be valid or binding.
C. Execution
This contract Is not binding upon Seller until executed by a duly authorized officer of Seger.
D. Assignment
This contract may be assigned, in whole or in part, at any time by Seller 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 prevaiting party In any suit brought to enforce or Interpret any portion of this contract shall be entitled to receive such party's
attomeys' fees and costs In addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shall not be modified or amended except by written instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
'nrAc-H�
SALES
AND
SERVICE '
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. 806910
SUBSCRIBER / BUYER NAME AND ADDRESS:
Name CRY of Round Rock ( Fire Station #31
City, State Round Roc
(Area Code) Telephone
SUBSCRIPTION
Number 512-671-2891
Code 76664
A Monitoring Fees
1. Entatlh Sales will Service, Inc, a Teras corporation ('$eller'), shell provide monitoring services as described herein subject to the terns and conditions set forth in this contact Buyer shay pay a
monitahg fee as set Nolan in sub -section A2. below (Ne -monilofug lee') and such addillo ai charges as set forth herein (including, wimoon limitation, ma mase m rens and dnaryes).
2. Buyer shag have Ina option of prepaying the monthly morilor'ug fee according to the 1dYmirg schedule:
360 annually Fire, Monitoring
B. Term
1. The term of Otis contract atoll be month to manlh beginningfIt June 0 y of Je 2014 end sled ni automatically upon Ne expiration of eaN stccessve lend excel t Nal ether party shag have Ne
option No Nrmnde this contract by delivery of written miles by ratified mag, return receipt moscisted, to the other parry at least dirty, days prior to the expiration of any tend Nor iftlanding Bre
raegisM Buyerstal novo the mills to prepay the mondodrg fee as described In Subsection LA2. above
2-B Buyertemlinates Cis waled pr'cr to me expha0on d 531-15 112 1 months. Buyer shall pay Seller, in addition to any other amaNs omul by Buyer to Seller, an amount
equal to Mee times Cha monuuy maitorin9 fee in eBecl as of Ile dale of formulation to campensale Seller for such eddy tanunation. The faegaig Mee month payment H in addition to. and not In You
d, any other danagos Seller may incur as a reaultof Buyers termination under Bis contract.
G Additional Charges
1. Seller's morias" fee is subject to periodic adjustments Provided that Buys is given written notice thereof at least Burly days prior to the effective date of such adjustment. Nalwilhsta di g any
other provision hared and provided Buyer is not in WWII hereunder, Buyer 00 have the option to terminale this contract by delivery of vrtlllen notice by cadged mod, refund receipt retested to
Seler tshhflBewn ysafterrot ofijrys enitsrweived. Bayer's failure to Unety deliver such wditen notice dtemtination to Sdtershall constitute acceptance, dale atjusledmanilermg fee.
2 Buyer shag pear ell costs incurred in responding to proper activation of the alarm signalling system including, without milwon all Icksoona company response charges and police, fre department
or private security paid dispatch charges
11. DAMAGES AND LIABILITY PROVISIONS
A General
1. 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 $HALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS
CAUSED BY SUCH OCCURRENCES.
2. Bye snail maintain adequate insuarce coverage for the premises and its contents for losses missing fmm burglary, thnB, robbery, fire, water damage, Acts of God and other reasonably foreseeable
causes.
3. Buyershall comply with all reasonable requests arta guidelines of Seller regarding use and operation of the alarm signaling system.
B. Liability
1. Seller is nor an tNuer and payments desonLed herein we based solely upon the value of the Services twain desaioed not upon the value of the properly No be poxweed It is not the hsenl of Che
Polies that Seger assume responsibility for any Now or damage caused by burglary, MeN robbery, furs. Ads of God or ether crises. NetwithNandi g tho above provisions g any liability Should arose on
Bre pad of Sala Wer his contract wheeler Nue to equipment malfuctiorm. signal interruptions, AW or God. Me negligence of Seller or oaprarse, such Iial i6ly shag be limited to $5.ODD.00, which sum
shag be Paid and received as hglidwed damages. Buyer acknavnedgaa thal any Stan lability as therein set Nath M fixed as Ipuidale i damages and Bis recovery Nal be =plate and exclusive.
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTED at n 7 , Texas, on Ilia ?jh day of Mev , pA4I---
BUYER Erneeh Sales and Service, Inc.
By: By. N ice/ 'r/Y✓✓✓' �'
NOTICE: COMPLAINTS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAY BE DIRECTED TO:
Texas Bwrd If PdvAe hvoVgalors and Rivage Senviies Agahtles, P.O. Box 13509, Austin. Texaa78704. 51)J47S3W
III. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
Buyer shall pay ail 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. Dispatch 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 Seller that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seller's satisfaction. Seiler shall make a reasonable effort to notify Buyer of
Its 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 shaft fully and accurately disclose to Seller the Information requested In the Emergency Contact Information Sheet furnished
to Buyer and shall update such information in writing. Buyer acknowledges that such information is essential to the performance of
Sellers obligations under this contract and that Seller shall attempt to contact only the designated Individuals at the telephone number
indicated on the Emergency Contact Information Sheet
2. Buyer Shall be responsible for (I) providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (il) maintaining the telephone lines connecting the premises In proper working order (11i) providing and maintaining an
adequate source of power to the system and (iv) all other maintenance requited to keep the alarm signaling system in proper working
condition but Seller shall be responsible for all maintenance and repair of the RF Transmitter Unit (If applicable).
3. Buyer shall obtain all necessary alarm permits (d required) and provide Seller with the assigned permit number. Buyer shag imme-
diately notify Seller by certified mail, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm slgnaling system.
4. Buyer shall Contact Seller immediately upon the occurrence of any defect or malfunction of the system, telephone lines, RF Transmit-
ter Unit or any other component of the system.
M Alarm Monitoring Procedure
1. In responding to an alarm activation report, Seller shall make reasonable effort to undertake the procedure described In the monitoring
Response Procedures furnished to Buyer upon Its execution of this contract.
2. All telephone calls and conversations which are received by Sellers monitoring facility shall be recorded by Seger.
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 Central Monitoring Station.
2. Seller disclaims responsibility for the transmission of alarm signals over the telephone or other transmission feclities, Including
without [Imitation. the RF Transmitter Unit. Buyer expressly acknowledges that the transmission of alarm signals may be Interrupted
distorted or eliminated entirely by factors totally beyond Seller's 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 telephone service or any other
transmission facility(las), Seiler will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will interrupt and disconnect any telephone communication in progress at the time the alarm
system is activated.
4. Buyer shall provide and pay for all telephone or alternate 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 timely pay Seller the monitoring fee or any other charges or fees payable to Seller as contemplated by this contract.
Including, without [imitation, all maintenance or repair charges.
b. Failure to comply with all material terms and conditions of this contract.
a Failure to obtain and maintain in full force any and all permits or licenses required by any governmental authority including, without
limitation, all commissions, boards, subdivisions or agencies thereof.
d. Buyer's default under any tease covering the premises upon which the RF Transmitter Unit is located or Installed.
e. Loss, theft or substantial damage or Injury to the RF Transmitter Unit.
f. Failure to maintain adequate insurance coverage to protect the premises and Its contents from burglary, theft, robbery, fire, water
damage. Acts of God and other causes of damage.
g. Buyer's dissolution, termination, insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seiler may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such termination.
b. Declare all amounts owed Seller under this contract immediately due and payable and proceed to obtain payment of same.
c Pursue any other rights or remedies either at law or in equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default.
IV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial Invalidity
If 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 full 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 writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this 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 promise not contained
In this contract shall be valid or binding.
C. Execution
This contract is not binding upon Seller until executed by a duly authorized officer of Seger.
D. Assignment
This contract may be assigned, In whole or in part, at any time by Seller and without the consent of Buyer. Any such assignment shall
not relieve Seger of its obligations hereunder. This contract is not assignable by Buyer.
E. Attorneys' Fees
The prevailing party In any suit brought to enforce or interpret any portion of this contract shall be entitled to receive such party's
attomeys' fees and costs in addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shall not be modified or amended except by written instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
�.'nTa'cwN�
SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. B06910
SUBSCRIBER I BUYER NAME AND ADDRESS:
Name City of Round Rock ( Fire Station #2)
City, State Round Rods Texas Zip Code 78664
(Area Code) Telephone Number Work Number 512-671-2891
1. MONITORING SERVICES SUBSCRIPTION
A. Monitoring Fees
1. Entech Sales and Service, Ina, a Teras coryoralbn rgiegerl, shall provide monitoring services as described herein subject to the ferns and conditions set fart In the contract Buyer shall pay a
monitoring fee as set IoM in sub -section A2 below (the'monitoring fee') aW such additional charges as set forth herein Including, without limitation, maintenance fees and charges).
2. Buyer shall have Be option of prepaying the monlNy monitoring fee according to the following schedule:
360 annually Fre Monitoring
B. Term
1. The term of this rmtract shall be month to month beginning list Day of June 2014 and shall renew automatically upon the expiration of each successive term except that either party shall have the
option to remnale the conned by delivery of mitten notice by certified mag, return receipt requested, to the cher pant at least thirty days prior 0 the expiration of any terns Notwlihstardng the
foregoing. Buyer shell have the right to prepay the mrniloi fee as described in Subsection I.A2. above.
2. If Buyer terminates this contract prior to the expiration of 53145 N2 1 months. Buyer shall pay Seger. In addition to any other amounts owed by Buyer to Seller, an amount
equal to three licas the monthly monitoring fee in effect as of Una date of temhuWion to compensate Sellar for such early termination. The foregoing Byee moot payment is in addition to, and not in lieu
of, any other damages Seller may trier as a result of Buyers lamination under thiscontrad.
G Additional Charges
1. Sellers monitoring fee is subject to periodic ediustments provided thal Buyer is given wrinen notice Hereof at least thirty, days prior to the effective date of such adjustment- Normaslarding any
War provision hereof and! provided Buyer is not in default hereunder, Buyer shall have the option to terminale Nis connect by delivery of wnllen notice by coined mail. return receipt requested to
Seller wnNn finean days after notice of adjustment is received. Buyd'sfailure to timely deliver such viraten notice of termination to Seller shall constitute acceptance Of Na adjusted! monitoring fee.
2. Buyer shall bear all costs incurred in rasporalirg to proper ecgvatim of the storm signaling system, including, witJctuj limitation all telephone company response charges and police, are department
or single security palinal dsFaldh charges.
11. DAMAGES AND LIABILITY PROVISIONS
A General
1. BUYER ACIOJOWLEDGES 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 shall meintan adequate insurance coverage for the Promises and its contents for losses arising from burglary, theft, robbery, fie, water damage. Ads of God and other reasonably foreseeable
reuses.
3. Buyer shall comply r u all reasonable requests and guidelines of Seiler regarding use and operation of Ne alarm signaling system.
B. Liability
1. Seller is net saw insurer and payments descdbed herein are based solely upon the value of the services herein desoibed net upon the value of fine property to be protected It is nor the intent of the
pates that Seger assume respormtJty for any loss or damage reused by burglary, thea robbary, fro, Acts of God or other causes. Notwghstardirg the above provisions if any liability should Mdse an
the pan d Sager oder, Nis conbad whether we to equipment ma6utdions, signal interrupfici Ads of God. Ne negligence of Seger or otherwise, such liability shag be fumed to S5,1ga0,W, orich sum
shag be paid and received as liquidated damages. Buyer scloto44edges that arty suds liability w herein sat forth is fixed as liquidated damages and this recovery shag be complete and exclusive.
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTED at WEgemson Counly CiN of Round Rork Taws, an this71,E h day of Mav . 2014
BUYER Entedt Sales and S rvwe Inc.
7� 0
NOTICE: COMPLAINTS OR INOUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAY BE DIRECTED TO:
Texas eased of Pdvxle nrresggawns and name Seantles Agandes, P.O. Box 13589, Austin. Texas 78704, SIV47S39M
Ili. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
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. Dispatch 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 Seller that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seller's satisfaction. Seiler shall make a reasonable effort to notify Buyer of
its decision to cease the dispatch of local authorities due to excessive false alarms.
C. Obligation as to Use and Maintenance of time System
1. Buyer shall fully and accurately disclose to Seller the Information requested in the Emergency Contact Information Sheet furnished
to Buyer and shall update such Information in writing. Buyer acknowledges that such information Is essential to the performance of
Sellers obligations under this contract and that Setter shall attempt to contact only the designated individuals at the telephone number
Indicated on the Emergency Contact Information Sheet.
2. Buyer Shan be responsible for O) providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (ii) maintaining the telephone tines connecting the premises In proper working order Oil) providing and maintaining an
adequate source of power to the system and Qv) all other maintenance requited to keep the alarm signaling system in proper working
condition but Seiler shall be responsible for all maintenance and repair of the RF Transmitter Unit Of applicable).
3. Buyer shall obtain all necessary alarm permits (d required) and provide Seller with the assigned permit number. Buyer shall Imme-
diately notify Seiler by certified mail, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seller Immediately upon the occurrence of any defect 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, Seller shag make reasonable effort to undertake the procedure described In the monitoring
Response Procedures furnished to Buyer upon Its execution of this contract.
2 All telephone cats and conversations which are received by Setter's monitoring facility shall be recorded by Seller.
E. Alarm Transmission
1. Buyer acknowledges that Seiler cannot provide adequate response to alarms unless a report of the alarm activation is transmritled
from the Buyer's premises to Sellers Central Monitoring Station.
2. Setter disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facilities, including
without limitation, the RF Transmitter Unit Buyer expressly acknowledges that the transmission of alarm signals may be interrupted
distorted or eliminated entirety by factors totally beyond Setters 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 telephone service or any other
transmission facil[Wes), Seller will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals wM Interrupt and disconnect any telephone communication in progress at the time the alarm
system Is activated.
4. Buyer shag provide and pay for all telephone or alternate transmission facility charges and tariffs and any Increase in or addition to
such charges and tariffs.
F. Default
1. The Buyer shag be in default upon the occurrence of any of the following events or conditions:
a. Failure to timely pay Seller the monlWng fee or any other charges or fees payable to Seller as contemplated by this contract
Including, without limitation, all maintenance or repair charges.
b. Failure to comply with all material terns and conditions of this contract.
c Failure to obtain and maintain in full force any and all permits or licenses required by any governmental authority including, without
limitation. all 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 or substantial damage or injury to the RF Transmitter Unit.
E Failure to maintain adequate Insurance coverage to protect the premises and its contents from burglary, theta, robbery, tire, water
damage, Acts of God and other causes of damage.
g. Buyer's dissolution, termination, insolvency. assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or Insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seiler may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such termination.
b. Declare all amounts owed Seller under this contract immediately due and payable and proceed to obtain payment of same.
c. Pursue any other rights or remedies either at law or in equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default.
IV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial Invalidity
if any temp, provision, covenant or condition of this contract is held by a court of competent jurisdiction to be Invalid, vold or unenforce-
able, the remainder of this contract shall remain In full force and effect and shag In no way be affected, Impaired or Invalidated.
B. Entire Agreement
This contract supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this 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 promise not contained
in this contract shall be valid or binding.
C. Execution
This contract Is not binding upon Seller until executed by a duly authorized officer of Seller.
D. Assignment
This contract may be assigned. In whole or In part, at any time by Seller 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 prevailing party in any suit brought to enforce or interpret any portion of this contract shag be entitled to receive such party's
attorneys' fees and costs in addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shall not be modified or amended except by written instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
^nT mw-
SAL.ES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. B06910
SUBSCRIBER/ BUYER NAME AND ADDRESS:
Name City of Round Rock (Clay Madsen
Street 1600 GattLs School Rd.
City, State Round Rock Texas Zip Code 78664
(Area Code) Telephone Number Work Number 512-671-2891
1. MONITORING SERVICESSUBSCRIPTION
A Monnoring Fees
I- EMM m W Wrig fee es ss mei fS iM "'cA erLan A2. oulorat� CS -W)• shay Provide m«vlahg amicus as descibed herein subject b lie lura- andconditions set foM in Nis tone Buym shall pay e
belm ( grog fes') and such addt"nal Charges es act (OM heron (inducl "ghoul 4mitallm maintenance fees and chbgas),
2 Buyer Shan have gW oplian ofprepaybg the monthly monl"rbg fee emsdug to the following schedule;
360 annually Fire Monitoring
g
S. Taal
I. The W. of this contract stall be month to month beg'unng Jct Day of.hne 2014 and She' renew eulamaticagy upon the expgaion of each sUcceseve tans except that elver party Mal have the
option to teresin9W Na oonbac by dal"Y d SnVWn notica by confined mall, return rarapt railueSled, to the other
beagoing, Buyer -hall have he . t W pay at Mast thirty days prim W the e%jliation d any hBrrrt Nolwghsmrdrg the
ngh prepay ton rtgNWrig fee a9 dasulbedn Subsection l.A2. aoove.
2. u Buys I61lrllram9 this Conew prior W the expiration d 571-15 (12 1 months. Suva Mall Pay Sager. in addition to any other omouds owed by Buyer to Sega, an anwN
aqua W tree lines the moMNy rrgrs'Wring fee In efied u of the data of Wmorabon to CnnpereaW Seger for Such early Wrmina m The "regoag Oree month
d, ay other damages Seger may inter as a result d Buyers Wrmination under Ws contractpaYmea i9 in addition lo, and nd in lieu
C. Additional Charges
1. S~s morworcg fee W subject to periodic edjuslmads povidad that Buyer Is even "'burn notice Nersor d least "MY days Via W the otecgve dam of such ediustment Note thslarldng any
other Pfosislon hereof and Provided Sayer is not In default hereunder, Buys Mag have the option to terminate nus Contract by delivery of written notim by canned mail, rebarn receipt repro -cod to
SegawiOtl MemdaysdWrrOicearadfus nlsmmived, Buyers fate to Omely deliver such wNten Mgm of termination to Sella Shell mnsOlWe abapww of No adjusted ff itabg fee.
2. Buyer
err pirate hall bear rity pard dispatch akar an casts in� in nespon SV W proper aOxe, n d the Slam signal systam. ingW'ag, without him team an telephone company reSpanse chagsv and prim, dune depadrne,
II. DAMAGES AND LIABILITY PROVISIONS
A General
I. BUYER ACMOWLEDGES 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 Man maintain adequate insurance coverage for the premises and iW conlents M "saes ariaing fmm burglary, theft, robbery, ISO, Costa damage, Arse or God and other reasonably foreseeable
muses.
3. dyer shag complyveth ag reasonable requests and guidelines or Sala mgerdng use and operation of the alarm aignall System.
B. LWbgly,
1. Seger is not an Inver and paYmeres described herein are based slay upon the vaLre d the services herein desenbed roe upon the value of the papery W be protected. N s not got Were of the
Partes that Safer assure POSPonsibilit)(fon any loss w carnage caused by t,"ary, Net,
the pad a Sella under lea contract "hahw due to equipment malhahcions, fire, Pols a God gu other Cauma or ONIS mMng the above shall blpry t to
65,00.00. w area on
Shag be paid and received as liquidated damages. Buyer agw Wlemhpaon, Aus a God' Shen ad anon ui Saler an olhervnsa, such Iirecoy slag be a coo to 18000.00, which Con
g uY cWnmriedpas that any such IW WiN as herein Set ISN I- toed as liquidated damages end this recovery shag be compWle and exclusive.
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE S1DE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTED eI_ Willi CovhN fit IR ,Tess, on INS 2TN daYa Mev 2014
BUYER
By..
Entech Sales and Seoricey/yNo
BY. (+L/A� L/ Illi /rVN!/(�✓'�
NOTICE: COMPLAINTS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAY BE DIRECTED TO:
Texas Boom or Phivale brvestgauxa enc PM -t- Semdga Agendes. P.O. Box 13509. Auan. Texas 7871H, 512/47&39"
Ill. MONITORING AND DEFAULT PROVISIONS
A False Alarms
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. Dispatch of Authorities
II 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 Seller that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seller's satisfaction. Seller shall make a reasonable effort to notify Buyer of
Its 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 information requested in the Emergency Contact Information Sheet furnished
to Buyer and shall update such information In writing. Buyer acknowledges that such Information Is essential to the performance of
Seller's obligations under this contract and that Seller shall attempt to contact only the designated Individuals at the telephone number
Indicated on the Emergency Contact Information Sheet.
2. Buyer Shall be responsible for (7 providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (ii) maintaining the telephone lines connecting the premises in proper working order (ii) providing and maintaining an
adequate source of power to the system and (iv) all other maintenance requited to keep the alarm signaling system In proper working
condition but Seller shall be responsible for all maintenance and repair of the RF Transmitter Unit (if applicable).
3. Buyer shall obtain all necessary alarm permits (if required) and provide Seiler with the assigned permit number. Buyer shall Imme-
diately notary Seller by certified mail, return receipt requested of any suspension, termination or revocation or any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seller Immediately upon the occurrence of any defect or malfunction of the system, telephone lines, RF Transmit-
ter Unlit or any other component of the system.
D. Alarm Monitoring Procedure
1. In responding to an alarm activation report, Seller shall make reasonable effort to undertake the procedure described In the monitoring
Response Procedures furnished to Buyer upon its execution of this contract.
2. All telephone calls and conversations which are received by Seller's monitoring facility shall be recorded by Seller.
I- Alarm Transmission
1. Buyer acknowledges that Seller cannot provide adequate response to alarms unless a report of the alarm activation is transmitted
from the Buyer's premises to Seller's Central Monitoring Station.
2. Seller disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facilities, Including
without limitation, the RF Transmitter Unit. Buyer expressly acknowledges that the transmission of alarm signals may be Interrupted
distorted or eliminated entirely by factors totally beyond Seller's 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 telephone service or any other
transmission facility(ies), Setter will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will Interrupt and disconnect any telephone communication in progress at the time the alarm
system Is activated.
4. Buyer shall provide and pay for all telephone or alternate 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. Faflure to timely pay Seller the monitoring fee or any other charges or fees payable to Seller 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 contrail.
a Failure to obtain and maintain In full force arty and all permits or licenses required by any governmental authority including, without
[Imitation, all commissions, boards, subdivisions or agencies thereof.
d. Buyer's default under any lease covering the premises upon which the RF Transmitter Unit is located or installed.
e. Loss, theft or substantial damage or injury to the RF Transmitter Unit.
f. Failure to maintain adequate insuranoe coverage to protect the premises and its contents from burglary, theft, robbery, fire, water
damage, Acts of God and other causes of damage.
g. Buyer's dissolution, termination. Insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seller may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such termination.
b. Declare all amounts owed Seller under this contract immediately due and payable and proceed to obtain payment of same.
c. Pursue any other rights or remedies either at taw or in equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default.
IV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial invalidity
If 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 full 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 writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this 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 promise not contained
In this contract shall be valid or binding.
C. Execution
This contract is not binding upon Seller until executed by a duly authorized officer of Seller.
D. Assignment
This contract may be assigned, in whole or in part, at any time by Seiler 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 prevailing party In any suit brought to enforce or Interpret any portion of this contract shall be entitled to receive such party's
attorneys' fees and costs in addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
0. Modification
This contract shall not be modified or amended except by written Instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
enTpc-H�
SALES
AND
SERVICE
Corporate OffiCe
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. B06910
SUBSCRIBER I BUYER NAME AND ADDRESS:
Name City of Round Rock ( City Hall)
Street 221 E. Main St.
City, State Round Rock, Texas Zip Code 78664
(Area Code) Telephone Number Work Number 512-671-2891
I. MONITORING SERVICES SUBSCRIPTION
A Monitoring Fees
1. Enoch Sales aid Service. Inc, a Texas oaporation (-Seller), shall provide n musing services as desabed herein sublet! to the [am$ and conditions set font In this cormla Buyer unci pay a
monitoring res as set faith In sub -section A2. belcw (the •monitoring fee) and such addificnd charges as set forth herein (tnduding, without Ibrita im, maintenance less and charges).
2. Buyer shall have the Option of prepaying the moNhly ramming ice according to the following schedule:
360 annually Fire Monitoring
B Term
1. The lam of this contract shall be month b month beginning 1st Dav of June 2014 and shat renew automatically upon be expim4on of each successive term except Nat either party shall have be
option to terminate this cmtracl by delivery of wduen, notice by cenifed mail, return receipt rearested, to the other Pant at least thirty days prier to be expiration d any term Notwithstanfi g the
foregoing, Buyer shall have the right to prepay Bre monitoring fee as desabed in Subsection IA2. above,
2. If Buys teren ales this contract prior to the expiration at 6.31.15 112 _Lmonths. Buyer shall pay Sella, m addition to any other amourds owed by Buyer to Setter, an amount
equal to three times the mommy modb ei g fee in effect as of the date of termination to cotnpensele Seller for such early termination, The foregolrg brae month payment is in addition to, aid not in lieu
d, any other damages Sellar may incur as a resultof Buyers temdnation under this contract
C. Additional Charges
1. Seller's monitoring fee Is subject to Periodic adjustments provided that Buyer is 9Nm mitten notice thereof at least gtity days pier to be effective date of such adluslmer0. Notwithstanding any
other provision hereof and provided Buyer Is not In default hereunder, Buyer shall have the option to to rehate this contract by delivery of wditen mace by oenlfied mail, reborn receipt reacted to
Sellerwithin fifteen days after notice of adiuslenent is received. BuyWs failure to Wnely deliver such written notice of mninaflon to Sellershali constitute acceptance of be actuated motiloring fee.
2. Buyer shall bear all mals Incurred in responding to proper activation of be alarm signaling system, including. without limitation all telephone company response charges and police, fire department
a Private security paled dispatch despise.
II. DAMAGES AND LIABILITY PROVISIONS
A General
1. BUYER ACMOVI EDGES 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 shall maintain adequate Insurance coverage fa the premises and its contents for losses wislrg from burglary, theft, robbery, fire, water damage. Ads of God and other reasoneny foreseeable
causes.
3. Buyer shall eomplywith all reasonable requests and guidelines of Seller regarding use ant ope sUm of the slant signaling system.
B. Liability
1. Salver is not an insurer and payments desonbed herein are based solely upon be value of the services herein desmbed not upon be value of be property to be Miscued It is not the intent of be
Pages that Sete' assume responsibility fa any loss or damage caused by burglary, her, robbery, fire, Acts of God or other muses. Notwithstanding be above provisions a any liability shade arise on
the part of Seller under this contract whether due to equipment malfunctions, signal htarupdons, AW of God, the negligence of Seller or otherwise, such liability shelf be limited to 55,000.00, which sure
shall be paid arch received as IlQuldaled damages. Buyer atlmovAedges that any such liability as herein set forth Is fixed as liqudalm damages and bis recovery shall be, complete and executive.
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTED al WtIfiamson county Ci af Round R k , Texas, on be 27t/tthday of Mev 20jG _
BUYER: Entech Sales entl�7Y
By BY
By.
NOTICE: COMPLAINTS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAY BE DIRECTED TO:
Texas Board of Private sms"oaters and Private 5e0111yeS Agantles. P.O. Boz 11509, Austin, Turas 78704.51214753944
111. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
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. Dispatch of Authorities
If more than five false alarms which result in the dispatch of local authorities occur within any twelve month period. Seiler shall not be
responsible for dispatching the local authorities unless prior thereto Buyer reasonably satisfies Seller that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seller's satisfaction. Seller shalt make a reasonable effort to notify Buyer of
its 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 Information requested In the Emergency Contact Information Sheet furnished
to Buyer and shall update such information In writing. Buyer acknowledges that such information Is essential to the performance of
Setters obligations under this contract and that Seiler shalt attempt to contact only the designated individuals at the telephone number
Indicated on the Emergency Contact Information Sheet.
2 Buyer Shall be responsible for (i) providing qualified or competent employees of representatives to activate and disarm time alarm
signaling system (ti) maintaining the telephone lines connecting the premises in proper working order to providing and maintaining an
adequate source of power to the system and (iv) all other maintenance requited to keep the alarm signaling system in proper working
condition but Seller shall be responsible for all maintenance and repair of the RF Transmitter Unit (tf applicable).
3. Buyer shall obtain all necessary alarm permits (if required) and provide Seller with the assigned permit number. Buyer shall Imme-
diately notify Seller by certified mail, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm signaling system
4. Buyer shall Contact Seiler immediately upon the occurrence of any defect or malfunction of the system, telephone lines, RF Transmit-
ter Unit or any other component of the system.
0. Alarm Monitoring Procedure
1. In responding to an alarm activation report. Seller shall make reasonable effort to undertake the procedure described in the monitoring
Response Procedures furnished to Buyer upon Its execution of this contracL
2 All telephone calls and conversations which are received by Sellers 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 Setters Central Monitoring Station.
2. Seller disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facilities, including
without [imitation, the RF Transmitter Unit. Buyer expressly acknowledges that the transmission of alarm signals may be interrupted
distorted or eliminated entirety by factors totally beyond Seller's 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 telephone service or any other
transmission facillty(les), Seller will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will interrupt and disconnect any telephone communication In progress at the time the alarm
system is activated.
4. Buyer shall provide and pay for all telephone or alternate 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 timely pay Seller the monitoring fee or any other charges or fees payable to Seller 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 full force any and all permits or licenses required by any governmental authority Including, without
limitation. all 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 or substantial damage or Injury to the RF Transmitter Unit.
E Failure to maintain adequate Insurance coverage to protect the premises and its contents tram burglary, theft, robbery, fire, water
damage, Acts of God and other causes of damage.
g. Buyers dissolution, termination. Insolvency. assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or Insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seller may exercise any and all of the fallowtng rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such termination.
b. Declare all amounts owed Seller under this contract Immediately due and payable and proceed to obtain payment of same.
C, Pursue any other rights or remedies either at law or in equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default.
IV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial Invalidity
If any term, provision, covenant or condition of this contract Is held by a court of competent jurisdiction to be invalid, void or unenferce-
abte, the remainder of this contract shall remain In full 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 writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this 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 promise not contained
In this contract shall be valid or binding.
C. Execution
This contract is not binding upon Seller until executed by a duly authorized officer of Seller.
D. Assignment
This contract may be assigned, In whole or in part, at any time by Seller and without the consent of Buyer. Any such assignment shall
not relieve Seller of its obtigatlons hereunder. This contract is not assignable by Buyer.
E. Attorneys' Fees
The prevailing party in any suit brought to enforce or interpret any portion of this contract shall be entitled to receive such party's
attorneys' fees and costs In addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shall not be modified or amended except by written Instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
me,c--H55E�
SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. B06910
SUBSCRIBER f BUYER NAME AND ADDRESS:
Name City of Round Rock ( Business Center)
City, State Round Rods Texas Zip Code 78664
(Area Code) Telephone Number Work Number 512-671-2891
I. MONITORING SERVICES SUBSCRIPTION
A. Monitoring Fees
1. Enledt Sales and Service, Inc, a Texas corporation ('SeOer). shall provide Mediating services as described herein subject to the terms and conditions set loth In this contract. Buyer shall pay a
mooftwirg fee as set forth in subsection A2. below (the'monNorirg fee') and such ad?tional charges as set foM herein (includog, without limitation, maintenance fees and ctarges).
2. Buyer shall have the option of prepaying the monthly monitoring fee according to be following schedule:
380 annually Fire Monitoring
13 Term
1. The term of this contract shall be month to month beginning 1st Davol June2014 no shorn renew automatically upon Ne expiration of each successive tens except that either party shall have be
option to terminate this contract by delivery or wdlten notice by oed'died mail return receipt requested, to the ober parry at least thirty days prior to the eViratlan of any term Notwllhstardlng the
foregoing, Buyer shall have he right to prepay the monitoring fee asdesenbed In Subsection LA2. above.
2 If Buyer twarn as this contract prior to the expiration of 531.15 (12 1 mons. Buyer shall pay Seller, in adoluon to any other amounts owed by Buyer W Seller, an amount
equal to three tones the monthly monlinring fee in eaea as at the date of rumination to compensate Seller for such early temlialion. The foregoing three manth payment Is In addlEw to, and not in lieu
of, any artier damages Seller may incur as a result of Buyers termination under this coma
C. Additional Charges
1. Sellers mongering fee Is subject to pedodc adjustments provided that Buyer is given wdtlerl slice thereof at least ging days prior to be effecive dale of such adjustment Noovilhslandlng any
other provision hereof and Povded Buyer is nor in default hereunder, Buyer stall have he option to terminale bis ow trect by delivery of "Liam notice by certified mail, return reeelpt requested to
Seller within Mean days atter Moo of adjustment is received. Buyersfaihee to timely deliver such written notice of tonnlnetlon to Seller shall constilure acceptance of the adjusted monitoring fee.
2. Buyer shall bear all costs incurred in responding to proper activation of the alarm signaling system, including, without limitation all telephone company response charges and police, fire department
or private security patrol dispatch charges.
If. DAMAGES AND LIABILITY PROVISIONS
A General
1. 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 shall maintain adequate insurance coverage for he premises and its contents for tosses arising Imm burglary, Ih rk robbery, fire, water damage, Ads of God and other reasonably foreseeable
causes.
3. Buyer Niall comply WO all reasonable requests and guidelines of Seller regarding use and operation of the alarm signaling system.
B. Liability
1. Seller is not an Insurer and payments described herein we based solely upon the value of he services herein desuibed not upon he value of the property b be protected It Is not he Intent of the
parties that Sellar assume responsibility for any loss or damage caused by burglary, Irish, robbery, lire, Acts of God or other causes. Notwibsta ding ha above provisions it any liability should arise on
the pan of Seller uda this contract whether we to equipment mairmctans, algal interruptions. Ads of Goll, the negligence of Seller or ahenvisa, sural liability shat be Iirrited to $5,000.03, whet sum
shall be paid antl received as liquidated damages. Buyer acknowledges Mat any such lability as haeln set forth Is fixed as ligaicated damages and gds recovery shall be complete and bereave-
SEE
ee ave.
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED ANDA PART OF THIS AGREEMENT.
EXECUTED
Teres, an 1Ns71� N tlay of Mev .2014
Enlech Sales and service, Inc.
BY
NOTICE: COMPLAINTS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAY BE DIRECTED TO:
Texas Beam of Private lnvengators atm Private Seceftm Agendes. P.O. Box 13508, Auadn, Texas 787N, 512F17S3944
III. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
Buyer shalt pay all fines, penalties and changes 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. Dispatch of Authorities
11 more than five false alarms which result in the dispatch of local authorities occur within any twelve month period, Setter shall not be
responsible for dispatching the local authorities unless prior thereto Buyer reasonably satisfies Seller that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Settees satisfaction. Seller shag make a reasonable effort to notify Buyer of
Its 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 information requested In the Emergency Contact infiormation Sheet furnished
to Buyer and shall update such information in writing. Buyer acknowledges that such Information is essential to the performance of
Seller's obligations under this contract and that Seiler shag attempt to contact only the designated individuals at the telephone number
Indicated on the Emergency Contact Information Sheet.
2 Buyer Shall be responsible for () providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (0) maintaining the telephone lines connecting the premm€ses to proper working order (iil) providing and maintaining an
adequate source of power to the system and (iv) all other maintenance requited to keep the alarm signaling system In proper working
condition but Seller shall be responsible for all maintenance and repair of the RF Transmitter Unit (if applicable).
3. Buyer shall obtain all necessary alarm permits (if required) and provide Setter with the assigned permit number. Buyer shall Imme-
diately notify Seller by certified malt, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seller Immediately upon the occurrence of any defect 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, Seller shall make reasonable effort to undertake the procedure described In the monitoring
Response Procedures furnished to Buyer upon Us execution of this contract
2. An telephone calls and conversations which are received by Seller's 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 Buyer's premises to Setter's Central Monitoring Station.
2. Seger disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facilities, inctudtng
without limitation, the RF Transmitter Unit. Buyer expressly acknowledges that the transmission of alarm signals may be Interrupted
distorted or eliminated entirely by factors totally beyond Setters 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 telephone service or any other
transmission faciiity(les). Seller will have no notice or knowledge of the alarm activation.
3. The transm€sslon of the alarm signals will Interrupt and disconnect any telephone communication In progress at the time the alarm
system Is activated.
4. Buyer shall provide and pay for all telephone or alternate 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 cf the following events or oonditions:
a. Failure to timely pay Seller the monitoring fee or any other charges or fees payable to Setter as contemplated by this contract,
Including, without limitation, all maintenance or repair charges.
b. Failure to comply with an material terns and conditions of this contract.
c. Failure to obtain and maintain in full force any and all permmits or licenses required by any governmental authority Including, without
limitation. all commissions, boards, subdivisions or agencies thereof.
d. Buyers default under any tease covering the premises upon which the RF Transmitter Unit Is located or installed.
e. Loss, theft or substantial damage or injury to the RF Transmitter Unit.
f. Failure to maintain adequate Insurance coverage to protect the premises and its contents from burglary, theft, robbery, fire, water
damage, Acts of God and other causes of damage.
g. Buyers dissolution, termination, Insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or Insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seller may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least live days prior to such termination.
b. Declare all amounts owed Seller under this contract Immediately due and payable and proceed to obtain payment of same.
c. Pursue any other rights or remedies either at law or In equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default.
N. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial Invalidity
If any term, provision, covenant or condition of th€s contract is held by a court of competent jurisdiction to be invalid. void or unenforce-
able, the remainder of this contract shall remain in full force and effect and shag in no way be affected, Impaired or invalidated.
B. Entire Agreement
This contract supersedes any and all other agreements, either oral or In writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this 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 promise not contained
In this contract shall be valid or binding.
C. Execution
This contract is not binding upon Seger until executed by a duly authorized officer of Seiler.
D. Assignment
This contract may be assigned, in whole or In part, at any time by Seller 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 prevailing party in any suit brought to enforce or interpret any portion of this contract shall be entitled to receive such party's
attorneys' fees and costs In addition to any other reItef awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modlflcatlon
This contract shall not be modified or amended except by written instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
eenTeC-Ha�
SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. 806910
SUBSCRIBER/ BUYER NAME AND ADDRESS:
Name City of Round Rock (Allen Baca Building)
Street 301 W Bagdad Ave Bldg 2
City, State Round Rods. Texas Zip Code 78664
(Area Code) Telephone Number Work Number 512-671-2891
I. MONITORING SERVICES SUBSCRIPTION
A Monitoring Fees
1. Emedr Sales end Service. Inc., a Texas corporation fSena'), shall provide mo141aAng services as described herein sublacl to the [arms and conditions set forth In this contract. Buyer shall pay a
moritariq fee as set fond In sub-sectionA2. below (me-monitaing fee') and such aMGllanal charges as set forth herein (including, without Rotation, malmenarce fees and charges).
2. Buyer shall neva the option ofprepaying the monthly monitoring fee according to aha (ollowing scheduler
360 annually Fire Monitoring
B. Term
1. The less of this contract shall be month to month beginning 1st Dery of June 2014 end shall renew automatically upon me expiration o1 each successive term except that edher pony shall have the
option to terminate this contract by delivery of willen notice by ceNfied mad, realm receipt requested, to the other party at least thirty days prior to the expiration of any who, Notwithstanding Me
faregauq, Buyer shall haver the right m prepay the mcmtcring fee as desonead h Sutaecdon I.A2. above.
2. If Buyer lerminales this wrarect prior to the expiration at 5.31-15 112 1 moNhs. Buyer shall pay Seller, in addition to any other amounts owed by Buyer to Seller, an amount
equal to tivee times Ne monthly monitoring fee in affect as of the date of termination to compensate Seder for such early termination. The foregoing three month payment is In eddtion to, and not in eau
of, eery char damages Seller may Ince as a result of Buyers termination under W sca4raa.
C. Additional Charges
1. Sellers monitoring lee is ubled to periodic adlustments proNded that Buyer is elven written notice thereof at leas) thirty days prior b the effective date of such adjustment. NoWthsending any
other paNslon hereof and provided Buyer Is not In default hereunder, Buyer Shall have ger option to terminate this contract by delivery of written nice by certified mail, return receipt requested to
Sederwigrn fifteen days after notice of aclusment IS received. Buyers faihoe b timely deliver such vndten mace of termination b Seller shall considers acceptance of the adIusted monitoring fee
2. Buyer span bear ad casts incurred In responding to proper ectivaaon of the sem signaling system, induding, Wttout imitation all telephone company response charges and police. Ire departmefs
or pivots security pard dispatch doges.
It. DAMAGES AND LIABILITY PROVISIONS
0. Genual
1. BUYER ACMOWLEDGES 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 shag maintain adequate hwuarce coverage for Ne premises and Its contents for bases arising from burglary, then, robbery, Its, water damage, Pals of God and carer reasonably foreseeable
Cornea
3. Buyer shall campy WM ad reasonable requests and guidelines of Seller regarangl use and opemdon of me alarm sgnaGng system.
S. Liability
1. Seller Is n an insurer and payments described herein are based solely upon me value of the services herein described n upon are value of ger property W be prIXeded It Is not the indent of me
peau eel Seger msura responsibl4ly fa any ism v damage caused by bagtary, th % robbery, fxe. Ass of Gad a ower causes NotMOstarc eg the above pr sb s if any fiabiliy shodd edge m
bre pan of Seat under ads rmlracl whether due to egrdpmenl malfunctions, signal interruptions. Ads of Gad, as negligence of Seller or otherwise, such IiabiGy shad be limited to $5,000.00, v tk h sum
and be paid and received as "algid damages Buyer aclmnwledges that any such Iiabitity as herein set fond Is fared as liquidated damages and this recovery shall be cotnpNte and exclusive.
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTED at CityrafRoundR.cl,, Turas, on this 2 1h day of May . 2014
BUYER: Enlech Sales and Service, tic.
BY C By: ���04
NOTICE: COMPLAINTS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE. INC. MAY BE DIRECTED TO:
Terse Scene of Private xwestlgalon and Pfivaa Secure. Allende$, P.O. Sox 13509. Austin, Texas 79704. 51W,175
III. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
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. Dispatch of Authorities
If more than rive 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 Seller that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seder's satisfaction. Seller shall make a reasonable effort to notify Buyer of
Its 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 aocurately disclose to Seiler the information requested In the Emergency Contact information Sheet furnished
to Buyer and shag update such Information in writing. Buyer acknowledges that such information Is essential to the performance of
Sellers obligations under this contract and that Seiler shall attempt to contact only the designated individuals at the telephone number
Indicated on the Emergency Contact Information Sheet
2. Buyer Shall be responsible for m providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (ii) maintaining the telephone lines connecting the premises In proper working order 010 providing and maintaining an
adequate source of power to the system and (iv) all other maintenance requited to keep the alarm signaling system In proper working
condition but Seger shall be responsible for all maintenance and repair of the RF Transmitter Unit (if applicable).
3. Buyer shall obtain all necessary alarm permits (f required) and provide Seller with the assigned permit number. Buyer shall Imme-
diately notify Seger by certified mail, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seger Immediately upon the occurrence of any defect 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, Seller shall make reasonable effort to undertake the procedure described in time monitoring
Response Procedures furnished to Buyer upon its execution of this contract
2. All telephone calls and conversations which are received by Seller's monitoring facility shall be recorded by Seller.
E. Alarm Transmission
f. Buyer acknowledges that Seller cannot provide adequate response to alarms unless a report of the alarm activation Is transmitted
from the Buyers premises to Seller's Central Monitoring Station.
2. Seller disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facilities, Including
without limitation, the RF Transmitter Unit Buyer expressly acknowledges that the transmission of alarm signals may be Interrupted
distorted or eliminated entirely by factors totally beyond Seller's 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 telephone service or any other
transmission facill"es). Seller wig have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will Interrupt and disconnect any telephone communication in progress at the time the alarm
system Is activated
4. Buyer shag provide and pay for all telephone or altemate transmission facility charges and tariffs and any Increase In or addition to
such charges and tariffs.
F. Default
1. The Buyer shag be In default upon the occurrence of any of the following events or conditions:
a. Failure to timely pay Seller the monitoring fee or any other charges or fees payable to Seller as contemplated by this contract.
Including, without llmitatlon, 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 full force any and all permits or licenses required by any governmental authority Including, without
limitation, all 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 or substantial damage or injury to the RF Transmitter Unit
f. Failure to malntaln adequate Insurance coverage to protect the premises and its contents from burglary, then, robbery, fire, water
damage. Acts of God and other causes of damage.
g. Buyers dissolution, termination, insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or Insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seger may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such termination.
b. Declare all amounts owed Seller under this contract Immediately due and payable and proceed to obtain payment of same.
c. Pursue any other rights or remedies either at law or in equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default.
IV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial Invalidity
If 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 full 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 writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this 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 promise not contained
In this contract shall be valid or binding.
C. Execution
This contract is not binding upon Seller until executed by a duly authorized officer of Seller.
D. Assignment
This contract may be assigned. In whole or in part, at any time by Seger and without the consent of Buyer. Any such assignment shag
not relieve Setter of its obligations hereunder. This contract is not assignable by Buyer.
E. Attorneys' Fees
The prevalling party In any suit brought to enforce or interpret any portion of this contract shall be entitled to receive such party's
attorneys' fees and costs in addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shall not be modified or amended except by written instrument signed by the party to be charged.