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device, or phone of any type; (ii) using automatic dialers; and (iii)using a technology known as "robocalling" (unless such
<br />person notifies Cintas that he/she opts out of this clause (iii))
<br />Customer acknowledges and agrees that Cintas's efforts to notify First Responders shall be satisfied by attempting
<br />telephone contact with any person answering the telephone at the telephone number(s) provided to Cintas in writing or by
<br />leaving a message with a telephone answering service or any mechanical, electrical, electronic or other technology
<br />permitting the recording of voice and/or data communications. Customer acknowledges and agrees that in no event is
<br />Cintas respons ble for documenting its attempts to make the contact(s) referred to herein; to make any specific number of
<br />attempts at such contact(s); or for ensuring or documenting a response to any such attempted contact(s).
<br />If the Premises is/are located in a jurisdiction that requires a personal verified on -site response ("Verified Response") prior
<br />to dispatching a Proper Authority, Customer has the sole responsibility to engage a service to provide such Verified
<br />Response. All fees, costs, and expenses incurred in obtaining or providing a Verified Response shall be bome solely by
<br />Customer. Customer understands and agrees that First Responders may not be dispatched or respond to the Premises
<br />after notice to First Responders unless there is independent confirmation of an incident at the Premises, such as an on -
<br />site witness's report, that a reason for response exists.
<br />Customer further acknowledges and agrees that (i) all software, hardware, firmware, codes, data, audio and voice
<br />communications, video images, information and documentation arising out of or from, in connection with, related to, as a
<br />consequence of, or resulting from execution of this Alarm Monitoring Agreement or the Monitoring Services (collectively,
<br />"Intellectual Property") are the sole and exclusive property of Cintas, and Customer has no rights whatsoever in any of the
<br />Intellectual Property, and (ii) Cintas shall have the right, in its sole and absolute discretion, to destroy, delete, erase, or
<br />otherwise compromise (collectively, "Destruction") the Intellectual Property at any time without notice to Customer. If
<br />Cintas receives a written request from Customer to retain any specific Intellectual Property prior to the Destruction thereof,
<br />Cintas agrees to use commercially reasonable efforts to store the specific Intellectual Property as requested by Customer
<br />on the condition precedent that Customer pay all fees, costs, and expenses of any kind related to the request.
<br />9. Run -Away Systems. If Cintas notifies Customer by telephone, electronically, or otherwise that its System is excessively
<br />transmitting signals to Cintas's monitoring facility (a "Run -Away System") and Customer fails to (i) immediately authorize
<br />Cintas to provide repair service to the Run -Away System, and (ii) provide reasonable unrestricted access to the Premises
<br />and the Run -Away System within four (4) hours after such notice, Customer agrees to pay to Cintas its then -prevailing
<br />charges for each signal transmitted to Cintas's monitoring facility by the Run -Away System.
<br />10. ā¯‘ISCLAJMER OF WARRANTIES AND REPRESENTATIONS. Because of the great number and variety of applications
<br />for which Cintas's goods and services are purchased, Cintas does not design goods or services, does not recommend
<br />specific applications of goods or services, or and does not assume any responsibility for use, results obtained, or
<br />suitability for specific applications of goods or services. Customer acknowledges and agrees that Cintas has not made
<br />any representations or warranties to Customer regarding any fire suppression system or alarm system (or components
<br />thereof) at the Premises, its fitness for any purpose, or its suitability or effectiveness as designed. Customer further
<br />acknowledges and agrees that it has the sole responsibility for determining the appropriateness of Cintas's goods and
<br />services for Customers specific application(s) before ordering and to test and evaluate thoroughly all goods before use.
<br />Cintas warrants that title to all goods it sells to Customer shall be good and marketable. CUSTOMER ACKNOWLEDGES
<br />AND AGREES THAT CINTAS MAKES NO GUARANTEES, REPRESENTATIONS, OR OTHER WARRANTIES OF ANY
<br />KIND, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SALE OF THE GOODS AND/OR SERVICES
<br />PURSUANT TO THIS ALARM MONITORING AGREEMENT, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED
<br />WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN AS
<br />SPECIFICALLY ENUMERATED ELSEWHERE IN THIS ALARM MONITORING AGREEMENT. NO MODIFICATION,
<br />WAIVER, OR AMENDMENT OF THIS DISCLAIMER SHALL BE DEEMED EFFECTIVE UNLESS MADE IN A WRITING
<br />DRAFTED BY CINTAS FOR THIS EXPRESS PURPOSE THAT IS (1) SIGNED BY CINTAS, (11) EXPLICITLY USES THE
<br />TERM "WARRANTY" IN ITS TITLE, (III) SPECIFICALLY REFERENCES THIS ALARM MONITORING AGREEMENT;
<br />AND (IV) EXPLICITLY AND UNAMBIGUOUSLY DESCRIBES WHAT ADDITIONAL WARRANTY(IES) ARE BEING
<br />OFFERED TO CUSTOMER PURSUANT TO THIS ALARM MONITORING AGREEMENT. CUSTOMER FURTHER
<br />AGREES THAT THIS EXPLICITLY EXCLUDES ANY OF CINTAS'S SALES MATERIALS, CIRCULARS, WEBSITES, OR
<br />OTHER ADVERTISING MATERIALS OF ANY TYPE FROM CREATING ANY WARRANTIES UNDER THIS ALARM
<br />MONITORING AGREEMENT, AND CUSTOMER WARRANTS THAT IT IS NOT RELYING UPON ANY SUCH
<br />MATERIALS FOR THIS PURPOSE.
<br />11. CINTAS NOT AN INSURER; CUSTOMER'S OBLIGATION TO OBTAIN INSURANCE AS SOLE RECOVERY FOR ANY
<br />LOSS AND WARRANTY OF SAME. Customer acknowledges and agrees that neither Cintas nor its Subcontractors or
<br />assignees, including, without limitation, those providing monitoring services are insurers and that no insurance coverage
<br />is provided by this Alarm Monitoring Agreement. CUSTOMER ACKNOWLEDGES AND AGREES THAT CINTAS
<br />ASSUMES NO RESPONSIBILITY FOR, NOR SHALL IT HAVE ANY LIABILITY FOR, CLAIMS MADE AGAINST IT
<br />CLAIMING THAT IT IS AN INSURER OF CUSTOMER'S SYSTEMS OR ANY OTHER PROPERTY FOR ANY
<br />PURPOSE, INCLUDING, BUT NOT LIMITED TO, THE FAILURE OF SUCH SYSTEMS TO OPERATE EFFECTIVELY
<br />OR AS DESIGNED. Customer acknowledges that during the term of the Alarm Monitoring Agreement, it is the specific
<br />intent of the parties that the Customer will obtain and maintain insurance coverage with minimum coverage of at least two
<br />million dollars (U.S.), at the Customer's expense, that will cover any and all losses, damages, and expense arising out of
<br />or from, in connection with, related to, as a consequence of, or resulting from this Alarm Monitoring Agreement in any
<br />way, including, but not limited to, public liability, bodily injury, sickness or death, losses for property damage, fire, water
<br />damage, and loss of property, and Customer agrees to and warrants that it will obtain and maintain such insurance
<br />coverage at all times at no cost to Cintas. Customer shall name Cintas as an additional insured by endorsement on any
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