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' Initial: <br />SAFTECH Sub or <br />of & are applicable to any assignees Wor subcontractors of SAFTECH, & that they bind Subscriber with respect to such assignees Wor subco rectors with the <br />same force & effect as they bind Subscriber to SAFTECH, whether or not Subscriber has actual or constructive knowledge of same. <br />20. SUBSCRIBER'S PURCHASE ORDER: Subscriber acknowledges that if there is any conflict between this agreement & Subscribers purchase order or <br />any other document, this agreement will govern, whether said purchase order or other document is prior or subsequent to this agreement. <br />21. ATTORNEYS' FEES: In the event it shall become necessary for SAFTECH to institute legal proceedings to collect the cost of installation or the monthly <br />service as set forth herein, or enforcing any other terms of this agreement, then & in such proceeding the unsuccessful party shall pay to the successful party reasonable <br />attorneys' fees & court costs permitted by law. <br />22. INVALID PROVISIONS: SAFTECH & Subscriber agree that this agreement shall be governed by the laws of the State of California. In the event any of <br />the terms or provisions of this agreement shall be declared to be invalid or inoperative, all of the remaining terms & provisions shall remain in full force & effect. <br />23. ENTIRE INTEGRATED AGREEMENT; MODIFICATION; ALTERATIONS; WAIVER: This writing is intended by the parties as final expression of their <br />agreement & as a complete & exclusive statement of the terms thereof, & in particular paragraph 17 which sets forth SAFTECH's maximum liability In the event of loss <br />or damage to Subscriber or others. This agreement supersedes all prior representations, understandings or agreements of the parties, & the parties rely only upon the <br />contents of this agreement in executing R. This agreement can only be modified by a writing signed by the both parties or their duly authorized agents. No waiver or <br />breach of any term or condition of this agreement shall be construed to be a waiver of any succeeding breach. Both parties acknowledge that there are no oral <br />agreements between the parties & the each party has been herew4th supplied with a copy of this agreement. All notices to be given hereunder shall be in writing & may <br />be served either personally or by mall, postage prepaid, to the addresses set forth in this agreement, or to any other address provided by one party to the other party from <br />time to time in writing. <br />24. NOTI CES: All notices to be given hereunder shall be in writing & may be served either personally or by mail, postage prepaid to the addresses set forth on <br />the agreement or to any other address provided by one to the other from time to time in writing. <br />25. GENDER: Wherever the context refers In this agreement, the masculine gender herein used shall Include the feminine or neuter & the singular shall in- <br />clude the plural. <br />26. CONDITI ONS & COVENANTS: Each & all of the provisions of this agreement are conditions to be faithfully & fully performed. <br />27. PARAGRAPH HEADINGS: The paragraph Was used herein are for the convenience of the parties only & shall not be considered In construing the pro- <br />visions of this agreement. <br />28. DELINQUENCY; RECONNECT CHARGES; INTEREST: In the event any payment due hereunder is more than ten (10) days delinquent, SAFTECH may <br />impose & collect a late charge on account of the delinquency at a rate not exceeding six percent (6°.6) of the payment due, with a minimum late charge of five dollars <br />($5.00) plus interest from the due date of the payment, at the highest rate allowed by law. All monthly payments are due & payable on the first (1 g) day of each month. If <br />the Subscriber fails to pay any amount herein provided within ten (10) days after the same Is due & payable, or if Subscriber fails to perform any other provisions of this <br />agreement with ten (10) days after SAFTECH shall have requested in writing performance thereof, SAFTECH shall have the right to discontinue monitoring & <br />maintenance service of the Subscriber's system, & SAFTECH shall have the right to recover from Subscriber all equipment belonging to SAFTECH as set forth herein. <br />If the system is deactivated because of Subscriber past due balance, or failure of performance, & if Subscriber desires to have the system reactivated, Subscriber agrees <br />to pay in advance to SAFTECH a reconnecting charge to be fixed by SAFTECH in a reasonable amount. <br />If Subscriber has selected the full service rental of equipment & SAFTECH elects to remove the system owned by SAFTECH from Subscriber's premises. <br />SAFTECH shall give Subscriber five (5) days written notice of Intent to remove equipment. If SAFTECH removes said system, SAFTECH shall be entitled to recover the <br />existing amounts due under this contract for said services up to the date of removal of the system, and, in addition, damages computed by multiplying the remaining <br />months of the unexpired term of this agreement by the total monthly service charge in effect on the date of removal of this system. In addition, Subscriber shall be liable <br />to SAFTECH for the retail cost of all equipment owned by SAFTECH which is not removed from Subscriber's premised after notice to Subscriber by SAFTECH & <br />Subscriber's refusal to comply with the request. The cost of materials & equipment is to be determined by SAFTECH in its discretion, from its prior experience. <br />Subscriber acknowledges that the equipment of which the system is composed is not interchangeable with the SAFTECH inventory, that if SAFTECH removes the <br />equipment, SAFTECH Is under no obligation to account for or credit Subscriber with the value of use of any such removed equipment in the calculations of damage <br />hereunder. <br />If any proceeding in bankruptcy, receivership or insolvency shall be commenced by or against Subscriber or his property, or if Subscriber makes any <br />assignment for the benefit of creditors, SAFTECH shall have the right to recover from Subscriber, all sums SAFTECH may be entitled to under the law, & all equipment <br />which is the property of SAFTECH pursuant to this agreement. Subscriber shall pay to SAFTECH all reasonable costs of collection, including attorney's fees & court <br />costs which may be occasioned by Subscriber's failure to pay the payments required by this agreement. <br />29. TAKEOVER OF OTHER SYSTEMS: When taking over or servicing other alarm systems not installed by SAFTECH, SAFTECH hereby assumes no <br />liability, nor extends any warranty, to the components of the systems installed by any other person, persons, companies, sole proprietorships or corporations. However, <br />any components used by SAFTECH to facilitate such take over or service, are subject to the limited warranty provsions as outlined herein. Subscriber shall specifically <br />provide third party indemnification to SAFTECH as provided in Paragraph 18 herein as to any action brought against SAFTECH as a result of such take over & R is not <br />the duty of SAFTECH to Investigate or inquire of Subscribers legal obligations as to any third party interests in Subscriber's system. Subscriber acknowledges & agrees <br />that on taking over monitoring of systems not installed by SAFTECH, that unless directed by Subscriber to. inspect existing system, SAFTECH will <br />have no way of knowing the condition of existing equipment or if the existing equipment meets current requirements as required :byany fire rating bureau having <br />jurisdiction or other authorities having jurisdiction. _ <br />30. STATE LI CENSES: Alarm Company Operators are required by law to be licensed &. regulated by the Department of Consumer Affairs. Any questions <br />'concerning an alarm company may be referred to the Department of Consumer Affairs, Bureau of Security & Investigative Services, P.O. Box 989002, West Sacramento, <br />CA 95798-0002: In certain instances, alarm companies are required bylaw to be licensed & regulated by the Contractor's State License Board:-.Any questions con- <br />cerning a contractor may be referred to the Registrar of the Board whose address is Contractors State License Board, 98W Goethe Road, Sacramento, CA, mailing <br />address, P.O. Box 26000, Sacramento, CA 95826. <br />31. TITLE & RISK OF LOSS: Subscriber acknowledges & agrees that security title and right of possession to the product sold hereunder shall remain that <br />of SAFTECH until all payments hereunder (including deferred payments whether evidenced by notes or otherwise) shall have been made in full in cash, and Subscriber <br />agrees to do all acts necessary to perfect and maintain such security right and title for SAFTECH. <br />32. NOTICE OF MECHANICS LIEN: In the event of default by Subscriber in the performance of any of the terms & conditions regarding the installation of <br />the system at Subscriber's premises, Including the failure to make any payment when due, SAFTECH may pursue anyone or more of the following remedies, which are <br />cumulative & nonexclusive: <br />1. Recover from Subscriber the total unpaid balance of the sum provided for said system, & any other sum provided for herein; <br />2. Repossess said equipment above described; <br />3. Immediately cease further work on the installation of the system & terminate this agreement by giving ten (10) days written notice to Subscriber; <br />4 Pursue any other remedy at law now or hereafter existing. <br />Customer acknowledges that he has received from SAFTECH a "Notice to Owner in accordance with Business & Professions Code, Section 7599.54 relating to the <br />mechanic's lien law of California. Subscriber shall furnish SAFTECH with the names & addresses of the owner of the property if different than Subscriber, & any <br />construction lender.