JMG SECURITY SYSTEMS, INC. 1-2015

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7_��_i_.77._..-�._, JMG SECURITY SYSTEMS, INC. Commercial Security / Fire Alarm System Agreement THEREFORE CLIENT AGREES: Even if a court decides that a failure of the system, or JMG's negligence, or a failure of the installation, monitoring or repair service caused or allowed any harm or damage (whether property damage, personal injury or death) to Client or anyone in Client's premises, Client agrees that JMG's liability shall be limited to the lesser of $250.00 or six times the monthly service and monitoring fee as liquidated damages and not as a penalty, and this shall be Client's only remedy regardless of what legal theory (including without limitation, breach of contract, negligence, products liability or breach of warranty) is used to determine that JMG was liable for the injury or loss. CLIENT MAY OBTAIN A HIGHER LIMITATION OF LIABILITY: If Client wishes, Client may obtain from JMG a higher limitation of liability for an additional periodic charge. If Client elects this option, JMG will attach a rider to this Agreement, which will set forth the amount of the limitation of liability and the amount of the additional charge. Agreeing to the higher limitation of liability does not mean that JMG is an insurer. 15. THIRD PARTY INDEMNIFICATION: If anyone other than Client asks JMG to pay for any harm or damages (including property damage, personal injury or death) connected with or resulting from (i) JMG's breach of this Agreement or a failure of the system or services, (ii) JMG's negligence, (iii) any other improper or careless activity of JMG's in providing the system or services or (iv) a claim for indemnification or contribution, Client will pay JMG (a) any amount which a court orders JMG to pay or which JMG reasonably agrees to pay, and (b) the amount of JMG's reasonable attorney's fees and any other loss or costs that JMG may pay in connection with the harm or damages. Client's obligation to pay JMG for such harm or damages shall not apply if the harm or damages happens while one of JMG's employees or subcontractors is in or about Client's premises, and such harm or damages is solely caused by that employee or subcontractor. 16. SUBROGATION: To the extent permitted by Client's insurance coverage, Client releases, discharges and agrees to hold JMG harmless from any and all claims, liabilities, damages, losses or expenses, arising from or caused by any hazard covered by insurance in or on the Client's premises whether said claims are made by Client, its agents or insurance company or other parties claiming under or through Client. Client agrees to defend and hold JMG harmless from, and indemnify JMG against, any action or subrogation which may be brought against JMG by any insurer or insurance company or its agents or assigns including the payment of all damages, expenses, costs and attorneys fees. Client shall notify his insurance carrier of the terms of this provision. 17. JURISDICTION AND VENUE: The exclusive jurisdiction for any action or proceeding relating to enforcement of this Agreement, or relief arising from this Agreement or the relationship between JMG and Client, shall be in the Superior Court of Orange County, CA, and at no other place, and Client expressly consents to personal jurisdiction in said court. Rev 1112 18. JMG'S LICENSES: Alarm company operators are licensed and regulated by the Bureau of Security and Investigative Services, Department of Consumer Affairs, Sacramento, California 95814. Contractors are required by law to be licensed and regulated by the Contractors State License board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the alleged violation. Any questions concerning a contractor may be referred to the registrar. Contractors' State License Board, P.O. Box 26000, Sacramento, California, 95826. JMG SECURITY SYSTEMS, INC. Dept. of Consumer Affairs — Alarm Company License — ACO 3759 Contractors License #575070 (C -7/C-10) Sales Alarm Agent Name: G. Greenfield Agent # ACE 73035 Rev 3/12 5 Client Initial: