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Contract - Lakewood Alarm 2022-12-29Lakewood Alarm 1530 Consumer Circle, Suite 102, Corona, CA 92880 (800) 450-4400 opt. 2 • Fax (951) 549-8211 California Alarm License #ACO 2935 . California Contractors License # C-10 495756 Installation, Monitoring & Service Agreement Account # LAS43133 This Agreement made this Friday, December 16, 2022, by and between Lakewood Alarm, hereinafter called "LA" and Costa Mesa Sanitary District hereinafter called the "Subscriber". The Parties Agree as Follows: LA agrees to furnish monitoring at: 290 Paularino Avenue, Costa Mesa, CA 92626 and the parties will be subject to the terms and conditions on THIS AND BACKSIDE. LA will furnish such monitoring according to Schedule of Services below, in good working order, with the understanding that the entire system, including all devices, instruments, appliances, and all connections, wires, conduits and other materials associated therewith, upon satisfactory completion of installation and full payment system shall become the sole property of the Subscriber. Schedule of Services: Equipment & Installation 1. (1) DMP LTE Cellular Communicator Module 2. Full System Test The Subscriber hereby agrees to pay LA, its agents or representatives the sum of $195.00 payable as follows; balance due upon completion and further sum, as a 24 -Hour Monitoring charge, of $113.50 ($98.50 Monitoring, $15.00 Cellular Fee) per month payable quarterly in advance, for the period of THIRTY SIX (36) months from the date such system is furnished under this Agreement and thereafter this Agreement shall be automatically renewable for periods of one year each, the first of such renewal periods to commence upon the date of expiration of this Agreement, unless either party shall notify the other, in writing, not less than thirty days prior to the expiration of the original Agreement or the expiration of any renewal period, of the desire to terminate this Agreement. The Subscriber hereby agrees that LA shall have the right to increase or decrease the monthly charge provided for herein at any time or times after the expiration of one year from the date such system is operative under this Agreement. It is understood that LA is not an insurer, that insurance, if any, shall be obtained by the Subscriber and that amounts payable to LA hereunder are based upon the value of services and the scope of liability as herein set forth and are unrelated to the value of the Subscriber's property or property of others in the Subscriber's premises. LA makes no guaranty or warranty, including any implied warranty of mechantibility or fitness, that the system or services supplied will avert, or prevent occurrences or the consequences therefrom, which the system or service is designed to detect. It is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of LA to perform any of its obligations hereunder. The Subscriber does not desire this Agreement to provide for full liability of LA and agrees that LA shall be exempt from liability for loss, damage or injury due directly or indirectly to occurrences, or consequences therefrom, which the services or system is designed to detect or avert; that if LA, should be found liable for loss, damage or injury due to a failure of service or equipment in any respect, its liability shall be limited to a sum equal to ten percent of the annual service charge or $250.00, whichever is greater, as the agreed upon damages and not as a penalty, as the exclusive remedy; and that the provisions of this paragraph shall apply if loss, damage or injury irrespective of cause or origin, results directly or indirectly to person or property from performance or nonperformance of obligations imposed by this Agreement or from negligence active or otherwise, of LA, its agents or employees. No suit or action shall be brought against LA more than one (1) year after the accrual of the cause of action, therefore. If the Subscriber desires LA to assume greater liability, LA will amend this Agreement to allow the Subscriber to pay an additional annual amount necessary for the Subscriber to purchase an insurance policy for such greater liability. No such amendment shall be effective unless signed by the Subscriber, LA, and insurance carrier which will be insuring the additional liability. In the event any person, not a party to this Agreement, shall make any claim or file any lawsuit against LA for failure of equipment or service in any respect, Subscriber agrees to indemnify, defend, and hold LA harmless from any all such claims an lawsuits including the payment of all damages, expenses, costs, and attorney's fees. Subscriber's Initials Acknowledgment By signature below, T11 Part'ses agree that the Subscriber has received a copy of this Agreement; has read both sides, and that Subscriber has legal authority to purchase and authgr+Minstallation on premises specified in this Agreement. ; Subscriber's Signature: Date Subscriber's Print: n�� ,k,.J �� F r�% Date LA Representative: �/ARVAJ L Date IZ 2,1/ '�-- Right to Cancel: The SubscAer may cancel this Agreement at any time prior to midnight of the third business day after the date of this Agreement. Please Initial on Page 2 Terms and Conditions (Continued from page 1) Subscriber hereby authorizes and empowers LA, its agents or representatives to monitor and service the previously mentioned system and to make inspections, tests, and repairs to it as required, unless otherwise specified in the Schedule of Services, at Subscriber's expense, and further to make any changes in or alterations to the system at the request of the Subscriber or make necessary by any changes in or damages to said premises, property, or equipment, at the cost to the Subscriber. Fees, Fines, and Taxes Subscriber agrees to pay, in addition to the service charges, any false alarm assessments, taxes, fees, or charges that are imposed by any governmental body, relating to the installation or service provided under this Agreement and to pay any increase in charges to LA for facilities required for transmission of signals under this Agreement. Subscriber's Initials Default and Costs of Collections If the Subscriber fails to make any payment as agreed herein or defaults in any respect, the entire amount due under this Agreement for the balance of the Agreement period shall become immediately due and payable. In the event of such default, the Subscriber hereby consents to LA entering the previously mentioned premises or any other premises where the property of LA may be located for removing the equipment and/or disconnect monitoring services. Removal of equipment, or disconnection of monitoring services by LA shall not be considered to constitute a waiver of any of its rights under the terms of this Agreement, nor shall LA be liable for any damages caused to the premises by installation or removal of said equipment. If LA shall consult any attorney regarding its rights concerning this Agreement, or the performance or observance by the Subscriber of any of his covenants, or if LA shall file any action or bring any proceedings against the Subscriber upon, under, or rising out of this Agreement, then and in any of said events, and in addition to all other sums, Subscriber shall pay unto LA reasonable attorney's fees. Network, Telephone, or Communication Connections The Subscriber is responsible for providing communication circuits necessary for monitoring of the system. LA is not responsible for any costs associated with those circuits. Communication paths and Circuits supplied for communicaNnof signals are subject to failure, and such failure is not the responsibility of LA. Subscriber's Initials Testing Period It is understood and agreed that a period of k7 days following the completion of installation, or connection of monitoring, of the system shall be a testing period for the equipment and for the Subscriber and its employees, friends, family members, or other system users to familiarize themselves with correct operation of the system. During this time LA will not be required to report to the Police or Fire Departments, or other Authorities. Upon request, LA will notify he Subscriber of any alarms during this period. Subscriber's Initials Monitoring and Response LA, upon receipt of an alarm signal from the Subscriber's premises, shall make every reasonable effort to transmit the alarm promptly to the headquarters of the Police or Fire Departments having jurisdiction, or as otherwise instructed in by the subscriber in writing, unless there is just cause to assume that an emergency condition does not exist, and LA shall make a reasonable effort to notify the Subscriber or the designated representative by telephone unless instructed to do otherwise by the Subscriber. Subscribers Care in use and Service Response The Subscriber agrees to exercise all reasonable care in the handling of the system and to notify LA promptly of any conditions requiring LA's attention. It is mutually understood and agreed by a representative of LA, whether for repairs, maintenance, nonfunctioning, malfunctioning, or any cause whatsoever, LA shall have a period of seventy-two hours from and after the time of receiving written notice from the Subscriber of the need to give attention to said system, within which to dispatch a representative of LA to the premises. In the event LA's representative is sent to the Subscriber's premises in response to a service call or alarm signal caused by the Subscriber improperly following operation instructions or failing to close or properly secure any protection point, there shall be a service charge to the Subscriber. Responsible Parties List (Emergency Call List) The Subscriber agrees to furnish LA a list of the names and telephone numbers of all persons who shall have the right to be notified of any alarm signals received from Subscriber's premises, and that any individuals name or telephone number that is to be added, changed, or deleted from that list must be promptly submitted to LA in writing before any change is effective. Third Party Indemnification Subscriber agrees to indemnify and hold harmless LA, its successors, assigns and representatives, from any loss, cost or exoense on account of any claim fc�l�mages by any nPrson not party to this Agreement arising out of the apprehension on or about the premises of any burglary, arson, or robbery suspect, on or account of any claim for destruction, damage or injury to any person property arising out of or in connection with the operation or non -operation of the system whether these claims be based upon active or passive negligence or strict or product liability, on the part of LA, its representatives, agents, servants, employees or assigns. Entire Agreement This Agreement constitutes the entire Agreement between the Subscriber and LA. In executing this Agreement, Subscriber is not relying on any advice or advertisement of LA. Subscriber agrees that any representation, promise, condition, inducement, or warranty, expressed or implied, not included in writing in this Agreement shall not be binding upon any party, and that the terms and conditions hereof apply as printed without alteration or qualification, except as specifically modified in writing. The terms and conditions of this Agreement shall govern notwithstanding any inconsistent or additional terms and conditions of any order or other documents submitted by the Subscriber. If any of the terms or provisions of this Agreement shall be determined to be invalid or inoperative, all the remaining terms and provisions shall remain in full force and effect.