Alarm Monitoring Service. Customer agrees and acknowledges thatCompany’s sole and only obligation under this Agreement shall be toprovide alarm monitoring, notification, and/or Runner Services as set forthin this Agreement and to endeavor to notify the party(ies) identified byCustomer on the Contact/Call List (“Contacts”) and/or Local EmergencyDispatch Numbers for responding authorities. Upon receipt of an alarmsignal, Company may, at our sole discretion, attempt to notify the Contactsto verify the signal is not false. If we fail to notify the Contacts or questionthe response we receive, we will attempt to notify the responding ▇▇▇▇▇▇▇▇▇.▇▇ the event Company receives a supervisory signal or trouble signal,Company shall endeavor to promptly notify one of the Contacts. Companyshall not be responsible for a Contact’s or responding authority’s refusalto acknowledge/respond to Company’s notifications of receipt of an alarmsignal, nor shall Company be required to make additional notificationsbecause of such refusal. The Contacts are authorized to act onCustomer’s behalf and, if so designated on the Contact/Call List, areauthorized to cancel an alarm prior to the notification of authorities.Customer understands that local laws, ordinances or policies may restrictCompany’s ability to provide the alarm monitoring and notification servicesdescribed in this Agreement and/or necessitate modified or additionalservices and related charges to Customer. Customer understands thatCompany may employ a number of industry-recognized measures to helpreduce occurrences of false alarm signal activations. These measuresmay include, but are not limited to, implementation of industry-recognizeddefault settings; implementation of “partial clear time bypass” proceduresat our alarm monitoring center and other similar measures at our solediscretion from time to time. THESE MEASURES CAN RESULT IN NOALARM SIGNAL BEING SENT FROM AN ALARM ZONE INCUSTOMER’S PREMISES AFTER THE INITIAL ALARM ACTIVATIONUNTIL THE ALARM SYSTEM IS MANUALLY RESET. Upon receivingnotification from Company that a fire or gas detection (e.g. carbonmonoxide) signal has been received, the responding authority may forciblyenter the premises. Cellular radio unit test supervision, if provided underthis Agreement, provides only the status of the cellular radio unit’s currentsignaling ability at the time of the test communication based on certainprogrammed intervals and does not serve to detect the potential loss ofradio service at the time of an actual emergency event. Company shallnot be responsible to provide monitoring services under this Agreementunless and until the communication link between Customer’s premisesand Company’s Monitoring Center has been tested. SUCH SERVICESARE PROVIDED WITHOUT WARRANTY, EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. B Limitation of Liability; Limitations of Remedy. Customerunderstands that Company offers several levels of Monitoring Servicesand that the level described has been chosen by Customer afterconsidering and balancing various levels of protection afforded and theirrelated costs. It is understood and agreed by Customer that Companyis not an insurer and that insurance coverage shall be obtained byCustomer and that amounts payable to Company hereunder arebased upon the value of the Monitoring Services and the scope ofliability set forth in this Agreement and are unrelated to the value ofCustomer’s property and the property of others located on thepremises. Customer agrees to look exclusively to Customer’sinsurer to recover for injuries or damage in the event of any loss orinjury and that Customer releases and waives all right of recoveryagainst Company arising by way of subrogation. Company makesno guaranty or warranty, including any implied warranty ofmerchantability or fitness for a particular purpose that equipment orServices supplied by Company will detect or avert occurrences orthe consequences therefrom that the equipment or Service wasdesigned to detect or avert. It is impractical and extremely difficultto fix the actual damages, if any, which may proximately result fromfailure on the part of Company to perform any of its monitoringobligations under this Agreement. Accordingly, ▇▇▇▇▇▇▇▇ agreesthat Company shall be exempt from liability for any loss, damage orinjury arising directly or indirectly from occurrences, or theconsequences therefrom, which the equipment or Service wasdesigned to detect or avert. Should Company be found liable for anyloss, damage or injury arising from a failure of the equipment orService in any respect, Company’s liability with respect toMonitoring Services shall be the lesser of the annual fee forMonitoring Services allocable to the site where the incident occurredor two thousand five hundred ($2,500) dollars, as agreed upondamages and not as a penalty, as Customer’s sole remedy. Suchsum shall be complete and exclusive. IN NO EVENT SHALLCOMPANY BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANYOTHER CLAIM ARISING FROM ANY SERVICING, ALTERATIONS,MODIFICATIONS, CHANGES, OR MOVEMENTS OF THE COVEREDSYSTEM(S), AS HEREINAFTER DEFINED, OR ANY OF ITSCOMPONENT PARTS BY THE CUSTOMER OR ANY THIRD ▇▇▇▇▇.▇▇ no event shall JCI and its affiliates and their respective personnel,suppliers and vendors be liable to Customer or any third party underany cause of action or theory of liability, even if advised of thepossibility of such damages, for any (a) special, incidental,consequential, punitive or indirect damages of any kind, includingbut not limited to damages; (b) loss of profits, revenues, data,customer opportunities, business, anticipated savings or goodwill;(c) business interruption; or (d) data loss or other losses arising fromviruses, ransomware, cyber-attacks or failures or interruptions tonetwork systems CUSTOMER OR ANY THIRD PARTY. COMPANYSHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL ORCONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOTLIMITED TO DAMAGES ARISING FROM THE USE, LOSS OF THEUSE, PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S)TO PERFORM. The limitations of liability set forth in this Agreementshall inure to the benefit of all parents, subsidiaries and affiliates ofCompany, whether direct or indirect, and each of their employees,agents, officers and directors.
Appears in 1 contract
Sources: Service Agreement
Alarm Monitoring Service. Customer agrees and acknowledges thatCompanythat Company’s sole and only obligation under this Agreement shall be toprovide to provide alarm monitoring, notification, and/or Runner Services as set forthin forth in this Agreement and to endeavor to notify the party(ies) identified byCustomer by Customer on the Contact/Call List (“Contacts”) and/or Local EmergencyDispatch Emergency Dispatch Numbers for responding authorities. Upon receipt of an alarmsignalalarm signal, Company may, at our sole discretion, attempt to notify the Contactsto Contacts to verify the signal is not false. If we fail to notify the Contacts or questionthe question the response we receive, we will attempt to notify the responding ▇▇▇▇▇▇▇▇▇.▇▇ authority. In the event Company receives a supervisory signal or trouble signal,, Company shall endeavor to promptly notify one of the Contacts. Companyshall Company shall not be responsible for a Contact’s or responding authority’s refusalto refusal to acknowledge/respond to Company’s notifications of receipt of an alarmsignalalarm signal, nor shall Company be required to make additional notificationsbecause notifications because of such refusal. The Contacts are authorized to act onCustomeron Customer’s behalf and, if so designated on the Contact/Call List, areauthorized are authorized to cancel an alarm prior to the notification of authorities.. Customer understands that local laws, ordinances or policies may restrictCompanyrestrict Company’s ability to provide the alarm monitoring and notification servicesdescribed services described in this Agreement and/or necessitate modified or additionalservices additional services and related charges to Customer. Customer understands thatCompany that Company may employ a number of industry-recognized measures to helpreduce help reduce occurrences of false alarm signal activations. These measuresmay measures may include, but are not limited to, implementation of industry-recognizeddefault recognized default settings; implementation of “partial clear time bypass” proceduresat procedures at our alarm monitoring center and other similar measures at our solediscretion sole discretion from time to time. THESE MEASURES CAN RESULT IN NOALARM NO ALARM SIGNAL BEING SENT FROM AN ALARM ZONE INCUSTOMERIN CUSTOMER’S PREMISES AFTER THE INITIAL ALARM ACTIVATIONUNTIL ACTIVATION UNTIL THE ALARM SYSTEM IS MANUALLY RESET. Upon receivingnotification receiving notification from Company that a fire or gas detection (e.g. carbonmonoxidecarbon monoxide) signal has been received, the responding authority may forciblyenter forcibly enter the premises. Cellular radio unit test supervision, if provided underthis under this Agreement, provides only the status of the cellular radio unit’s currentsignaling current signaling ability at the time of the test communication based on certainprogrammed certain programmed intervals and does not serve to detect the potential loss ofradio of radio service at the time of an actual emergency event. Company shallnot shall not be responsible to provide monitoring services under this Agreementunless Agreement unless and until the communication link between Customer’s premisesand premises and Company’s Monitoring Center has been tested. SUCH SERVICESARE SERVICES ARE PROVIDED WITHOUT WARRANTY, EXPRESS OR IMPLIED,, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OFMERCHANTABILITY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. B Limitation of Liability; Limitations of Remedy. Customerunderstands Customer understands that Company offers several levels of Monitoring Servicesand Services and that the level described has been chosen by Customer afterconsidering after considering and balancing various levels of protection afforded and theirrelated their related costs. It is understood and agreed by Customer that Companyis Company is not an insurer and that insurance coverage shall be obtained byCustomer and that amounts payable to Company hereunder arebased upon the value of the Monitoring Services and the scope ofliability set forth in this Agreement and are unrelated to the value ofCustomer’s property and the property of others located on thepremises. Customer agrees to look exclusively to Customer’sinsurer to recover for injuries or damage in the event of any loss orinjury and that Customer releases and waives all right of recoveryagainst Company arising by way of subrogation. Company makesno guaranty or warranty, including any implied warranty ofmerchantability or fitness for a particular purpose that equipment orServices supplied by Company will detect or avert occurrences orthe consequences therefrom that the equipment or Service wasdesigned to detect or avert. It is impractical and extremely difficultto fix the actual damages, if any, which may proximately result fromfailure on the part of Company to perform any of its monitoringobligations under this Agreement. Accordingly, ▇▇▇▇▇▇▇▇ agreesthat Company shall be exempt from liability for any loss, damage orinjury arising directly or indirectly from occurrences, or theconsequences therefrom, which the equipment or Service wasdesigned to detect or avert. Should Company be found liable for anyloss, damage or injury arising from a failure of the equipment orService in any respect, Company’s liability with respect toMonitoring Services shall be the lesser of the annual fee forMonitoring Services allocable to the site where the incident occurredor two thousand five hundred ($2,500) dollars, as agreed upondamages and not as a penalty, as Customer’s sole remedy. Suchsum shall be complete and exclusive. IN NO EVENT SHALLCOMPANY BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANYOTHER CLAIM ARISING FROM ANY SERVICING, ALTERATIONS,MODIFICATIONS, CHANGES, OR MOVEMENTS OF THE COVEREDSYSTEM(S), AS HEREINAFTER DEFINED, OR ANY OF ITSCOMPONENT PARTS BY THE CUSTOMER OR ANY THIRD ▇▇▇▇▇.▇▇ no event shall JCI and its affiliates and their respective personnel,suppliers and vendors be liable to Customer or any third party underany cause of action or theory of liability, even if advised of thepossibility of such damages, for any (a) special, incidental,consequential, punitive or indirect damages of any kind, includingbut not limited to damages; (b) loss of profits, revenues, data,customer opportunities, business, anticipated savings or goodwill;(c) business interruption; or (d) data loss or other losses arising fromviruses, ransomware, cyber-attacks or failures or interruptions tonetwork systems CUSTOMER OR ANY THIRD PARTY. COMPANYSHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL ORCONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOTLIMITED TO DAMAGES ARISING FROM THE USE, LOSS OF THEUSE, PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S)TO PERFORM. The limitations of liability set forth in this Agreementshall inure to the benefit of all parents, subsidiaries and affiliates ofCompany, whether direct or indirect, and each of their employees,agents, officers and directors.Rev. 4/20
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