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<br />Initial:
<br />3 ECH Sulk er
<br />14. TITLE TO EQUIPMENT; REMOVAL OF SYSTEM: If Subscriber has selected a full rental system, Subscriber acknowledges & agrees tit is
<br />agreement is for the providing of service only & that except as herein after provided, the system & equipment installed herein, Including but not limited to control panels,
<br />transinitters, detection devices, equipment boxes, audible devices, space protection, fire detection devices & signaling devices shall at all times remain the sole property
<br />of SAFTECH. Upon expiration of this agreement or upon any default as herein set forth, SAFTECH is authorized to enter upon the premises of Subscriber & to remove
<br />all of SAFTECH's owned equipment. Removal of SAFTECH's owned equipment shall be without prejudice to the collection of any & all sums due under the entire
<br />contract or any a tensions or renewals thereof. Subscriber shall, in such event, return the said SAFTECH owned equipment to SAFTECH in good condition, reasonable
<br />wear & tear excepted. Furthermore, SAFTECH shall be in no way be obligated to restore the premises to its original condition or redecorate the same & SAFTECH shall
<br />not be responsible for damage caused to Subscriber's premises by reason of the removal of SAFTECH owned equipment from Subscriber's premises. Upon completion
<br />of the installation & payment of the initial amounts set forth herein, title to all of the non-recoverable equipment material & supplies including but not limited to: wire, cable,
<br />foil, conduit, screens & the labor for the Installation of the system shall vest in the Subscriber. During the term of this agreement, Subscriber will not damage, encumber,
<br />tamper with or dispose of any portion of this system or permit the system to be damaged, encumbered, taken from the premises, tampered with or repaired by anyone
<br />who is not an authorized agent of SAFTECH. In the event of loss or damage of any portion of this system, whether owned by SAFTECH or Subscriber, Subscriber
<br />agrees to pay to SAFTECH reasonable value for the replacement or repair of the equipment owned by SAFTECH, or the installation on Subscriber's premises.
<br />Subscriber agrees that the installation of SAFTECH owned equipment does not create a fixture to Subscriber's premises as to that equipment. SAFTECH shall, in any
<br />event, retain ownership of all software, system programming & job file information.
<br />15. TERMINATION OF AGREEMENT: In the event of termination of this agreement, or upon the expiration of this agreement, SAFTECH shall have the
<br />immediate right to remove from Subscriber's premises the equipment owned by SAFTECH under the terms & conditions set forth herein. Removal of the system &
<br />equipment as herein above set forth shall not be considered to constitute a breach by SAFECH of this agreement, or waiver by SAFTECH of any such damages or rights
<br />provided herein. If SAFTECH removes said system, SAFTECH shall be entitled to recover the existing amounts due under the said contract from said services up to the
<br />date of removal of the system, and, in addition, damages computed by multiplying the balance of the monthly payments provided herein which SAFTECH would have
<br />received over the then term of the agreement. SAFTECH shall not be responsible for damage caused to Subscriber's premises by reason of the removal of the system
<br />from Subscriber's premises.
<br />This agreement may be suspended or cancelled, without notice, at the option of SAFTECH, if SAFTECH's or Subscriber's premises or equipment are destroyed by fire
<br />or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event SAFTECH is unable to render service as a result of any action
<br />by any governmental authority.
<br />16. CHANGE IN OWNERSHIP: Subscriber acknowledges that the sale or transfer of Subscriber's premises shall not relieve Subscriber of his duties &
<br />obligations under this agreement. Subscriber may not assign or otherwise transfer this agreement without the written consent of SAFTECH.
<br />17. SAFTECH IS NOT AN INSURER; LIMITATION OF LIABILITY; LIQUIDATED DAMAGES: It is understood & agreed by & between SAFTECH & the
<br />Subscriber hereto that SAFTECH is not an insurer. Insurance, if any, shall be obtained by Subscriber at the Subscriber's sole expense. The payments provided for
<br />herein are based solely on the value of the system & services as set forth herein & are unrelated to the value of the Subscriber's premises, Subscriber's property or
<br />property of others located on Subscriber's premises. We suggest that you contact your insurance agent for advice on proper coverage & advise him of this installation to
<br />determine whether it affects your present insurance rates. The Subscriber does not desire this agreement to provide for the liability of SAFTECH, & Subscriber agrees
<br />that SAFTECH shall not be liable for loss or damage due directly or indirectlyto any occurrence or consequencestherefrom, which the system Is designed to detector
<br />avert. As set forth in this agreement, SAFTECH makes no guarantee or warranty, Including any implied warranty of merchantability or fitness, that the system,
<br />equipment, or services supplied herein will avert or prevent occurrences or the consequences therefrom, which the system or services is designed to detect or avert.
<br />Subscriber acknowledges that it is impractical & extremely difficult to fx the actual damages, if any, which may proximately result from a failure to perform any of the
<br />obligations herein, including, but not limited to, installation, maintenance, service, monitoring, design of the system, selection of the type of protection, training of
<br />employees, time of response for service, receipt of dispatch of alarm signal, or the failure of the system to properly operate, with resulting loss to Subscriber because of
<br />among other things:
<br />a) The. uncertain amount or value of Subscriber's property or the property of others kept on the premises which may be lost, stolen, destroyed, damaged or
<br />otherwise affected by occurrences which the system or service is designed to detect or avert;
<br />b) The uncertainty of response time of any police or fire department or security agent, should the police or fire department or security agent be dispatched as a
<br />result of a signal being sent &/or received or an audible device sounding;
<br />c) The inabilityto ascertain what portion, if any, of any loss would be proximately caused by SAFTECH's failure to perform or by its equipment to operate;
<br />d) The nature of the service to be performed by SAFTECH;
<br />e) The proper operation & arming of system by Subscriber.
<br />Subscriber understands & agrees that If SAFTECH should be found liable for loss or damage due from failure of SAFTECH to perform any of the obligations herein,
<br />including but not limited to installation, maintenance, service, monitoring, dispatching or the failure of the service of equipment in any respect whatsoever, SAFTECH's
<br />liability shall be limited to a sum equal to the total of six (6) monthly payments provided in this agreement, or the sum of Three Hundred Fifty Dollars ($360.0, whichever
<br />is the greater, as liquidated damages & not as a penalty & this liability shall be exclusive; & that the provisions of this Section shall apply if loss or damages, irrespective
<br />of cause or origin, results directly or indirectly to persons or property, from performance or nonperformance of the obligations imposed by this agreement, or from
<br />negligence, active or otherwise, ofSAFTECH, Central, its agents, servants, assigns, or employees. Further, any legal action against SAFTECH must be brought against
<br />SAFTECH within one year of the occurrence.
<br />If Subscriber wishes SAFTECH to assume a limited liability in lieu of the liquidated damages as herein above set forth, Subscriber may obtain from SAFTECH
<br />a limitation of liability by paying arc additional monthly service charge to SAFTECH. If Subscriber elects to exercisethis option, a rider shall be attached to this agreement
<br />setting forth the terms, conditions & the amountof the limited liability, & the additional monthly charges. Such rider & additional obligation shall in no way be interpreted to
<br />hold SAFTECH as an insurer. Subscriber is directed to contact his insurance agents if he desires insurance for his property or premises.
<br />"SUBSCRIBER ACKNOWLEDGES THAT HE HAS DISCUSSED THIS PROVISION RE RDING LIQUIDATED DAMAGES & LIMITATION OF LIABILITY WITH
<br />SAFTECH'S AGENT & HAS AGREED TO THE AMOUNT SET FORTH HEREIN". Subscriber
<br />18. THIRD PARTY INDEMNIFICATION: In the event any person, not a part yto i greement, shall make any claim or file any lawsuit against SAFTECH for
<br />any reason relating to SAFTECH's duties &/or obligations pursuant to this agreement, inclu ing but not limited to the design, installation, maintenance, service, operation,
<br />or nonoperation of the system, Subscriber agrees to indemnify, defend & hold SAFTECH harmless from any & all claims & lawsuits, including the payment of all
<br />damages, expenses, costs, & attorneys' fees, whether these claims be based upon active or passive negligence, or warranty, or strict or product liability on the part of
<br />SAFTECH, Central, its agents, assigns or employees. Subscriber, further, for himself, & any parties claiming under him, does hereby release & discharge SAFTECH
<br />from & against all hazards covered by Subscriber's insurance. All claims against SAFTECH arising out of such hazards, including any right of subrogation by
<br />Subscriber's insurance carrier, are hereby waived by Subscriber, & Subscriber shall promptly so notify his insurance carrier.
<br />This agreement by Subscriber to Indemnify SAFTECH against third party claims as herein above set forth shall not apply to losses, damages, expenses &
<br />liability resulting in injury or death to third persons or injury to property of third persons, which losses, damages, expenses & liability occur while an employee of
<br />SAFTECH is on Subscriber's premises in the performance of his duties & which losses, damages & liability are solely & directly caused by the acts of said employee.
<br />19. ASSIGNEES/SUBCONTRACTORS: SAFTECH shall have the right to assign this agreement to any other person, firm or corporation without notice to
<br />Subscriber, & shall have the further right to subcontract any installation Wor services which it may perform. Subscriber acknowledges that this agreement, &
<br />particularly those paragraphs relating to SAFTECH's maximum liability, disclaimer of warranties, liquidated damages & third party indemnification, inure to the benefit
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