Loading...
104-22 - Global Security & Communication, Inc. - ContractWA License No.: GLOBASC030LR, OR License No.: CCB 69705 GLOBAL SECURITY & COMMUNICATION, INC. 3212 Main Vancouver, WA 98663 (360) 693-1900 RIDER FOR ALARM.COM PRODUCTS AND SERVICES This Rider supplements the Agreement between the parties for alarm/security services and governs Subscriber's relationship with Alarm.com. This Rider is for services and products furnished by Alarm.com, including the following: CHECK BOX FOR APPROPRIATE SERVICES: SERVICES AND CHARGES: Only services selected are included: arri LlfAlarm.com Interactive Security []Alarm.com Video Monitoring ❑Standard Storage ❑Additional Storage ❑Alarm.com Access ❑Lights ❑Locks d2emote Control ❑Automation & Triggers ❑Energy Management ❑Thermostat ❑Home Automation ❑Seamless Integration ❑Wellness ❑Smart Device Apps ❑Other: Annexed hereto and made a part hereof are terms required by Alarm.com. By accepting Alarm.com products and services you accept these terms. The Alarm.com terms are applicable to, and they govern your relationship with, Alarm.com. Your relationship with GLOBAL SECURITY & COMMUNICATION, INC. (hereinafter referred to as "GSC" or 'ALARM COMPANY") is governed by your contract with GSC. Read Alarm.com's terms annexed hereto carefully. By execution of this Rider you agree to the terms set forth in Alarm.com Terms'. Subscriber's Signature 8/16/2022 WA License No.: GLOBASC0301-R, OR License No.: CCB 69705 GLOBAL SECURITY & COMMUNICATION, INC. 3212 Main Vancouver, WA 98663 (360) 693-1900 SCHEDULE OF EQUIPMENT AND SERVICES Describe Equipment (Model #): 1 Qolsys 7" Touchscreen panel, Alarm.com 4G cellular module, 1. Power G $199.00 $199.00 motion (front entry), 1. Power G Rollup Door sensor (PG9945), Signs. Describe Services: Global will be up grading the alarm system at the above address in Port Orchard WA. Global will install a new Qolsys alarm panel with Alarm.com 4G Cellular communicator. Global will reuse the the existing sensors and add (1) Power G Motion Detector. Global will swap out the rollup door sensors for a new Power G transmitter w/ aux (9945) Any additional equipment or labor hours not listed below will be billed to the customer for time and materials. Proposal includes equipment listed below, installation, programming, testing, training, low voltage permit and taxes. Pricing based on a new 36 month monitoring agreement @ $47.95 per month plus tax, includes Alarm.com Basic Interactive features. GLOBAL SECURITY & ray TTION, INC.: By. ,gnalure SUBSCRIBER: 1w 7 sigmt re by AU orrted O icer (Name must be OnMed esb ) Robert Putaansuu P Nema Mayor WA License No.: GLOBASC0301-R, OR License No.: CCB 69705 GLOBAL SECURITY & COMMUNICATION, INC. 3212 Main Vancouver, WA 98663 (360)693-1900 STANDARD COMMERCIAL SECURITY AGREEMENT Data: 8/15/2022 Subscdbers Name:CITY OF PORT ORCHARD- CITY OF PORT ORCHARD- Telephone No.: t360) 895-3158 Address: 1292 LLOYD PKWY Port Orchard WA 98366 Cell Phone No.: 1. GLOBAL SECURITY S COMMUNICATION, INC. (hereinafter referred to as 'GSC" or -ALARM COMPANY') agrees to sell, install and program, at Subscribers premises, and Subscriber agrees to buy, an electronic security system consisting of the equipment and services described in the attached Schedule of Equipment and Services. Purchase Price: $199.00 Approximate date work to begin Taxes: $15.31 Estimated data work to be substantially completed Total: $217.31 Down Payment: $0.00 Balance due upon completion of installation: $ 217.31 2. DESCRIPTION OF EQUIPMENT AND SERVICES: eck Sa- as Provided: enirel Station Monilonn Service ❑In,a�c,tion ❑Remote Subscriber Access/Cameras ❑Access Control Administration Alarm Signal Verification Guard Response WJ Alarrn.Com (See Attached Alarm.Com Rider) Self -Monitoring ❑Other: (See Attached Schedule of Equipment and Services.) 3. PASSCODE TO CPU SOFTWARE REMAINS PROPERTY OF GSC: Provided Subscriber performs this agreement for the full tend thereof, upon termination GSC shall M its option provide to Subscriber the passcode to the CPU software or change the passcede to the manufacturers default code. Software programmed by GSC is the intellectual properly of GSC and any unauthorized use of same, including derivative works, is smelly prohibited and may violate Federal Copyright laws, Title 17 of the United States Code, and may subject violator to civil and criminal penalties. The Equipment shall remain personal property and shall not be considered a future, or an addition to. alteration, conversion, improvement, modernization, remodeling, repair or replacement of any part of the realty, and Subscriber shall not permit the attachment thereto of any apparatus not furnished by GSC. GSC's signs and decals remain the property of GSC and must be removed upon termination of this agreement. CHECK BOX FOR APPROPRIATE SERVICES: Only services selected are incl Wed: 4. SERVICES AND CHARGES: All recu Ing charges are billed in advance and are plus tax, I applicable [select one option]: [:]MonthlyQQuarks Annually Semi- Annually ❑Annually ❑ ❑ is) CENTRAL STATION MONITORING CHARGES: Subscriber agrees to pay GSC: (I) The sum of $ , plus lax payable in advance for the installation and programming of the communication software and communication devices if separate from the alarm panel if not already installed. ❑`r (it) The sum of $47.95 per month for the monitoring of the Security System for the ten of this agreement commencing on the first day of the month next succeeding the date hereof, and continuing monthly thereafter, all payments being due on the first of the month. ❑'� (b) SgVICE (Strike out I or if) U(1) Subscriber agrees to pay GSC on a per call basis. If this agreement provides for "Moe on a per call basis, Subscriber agrees to pay GSC for all parts and labor at fime of service. Subscriber is not obligated to call GSC for per call service and GSC is under no duty to provide service except its warranty "Mee during warranty period. Senn her than GSC during warranty period relieves GSC of any further obligations under the Limited Warranty. Initial here for per cell seMca option P ❑(ii) Subscriber agrees to pay GSC for service of the security equipment the sum of $ par month for the term of this agreement, commencing the first day of the month next succeeding the date hereof. all payments being due on the first of the month. ❑ (c) INSPECTION: Subscriber agrees to pay GSC $ per month for the term of this agreement for inspection service. If this option is selected GSC will make inspectiogs) per year. Unless otherwise noted in the Schedule of Equipment and Services inspection seMca Includes testing of all accessible components to insure proper working order. If the system is UL Certified the inspection will comply with UL requirements. GSC will notify Subscriber 3 days in advance of inspection date. It is Subscribers responsibility to reschedule or permit access. Testing at inspection insures only that components are in proper working order at time of inspection unless otherwise reported to Subscriber at time of inspection. Inspection does not include repair. lf sprinkler alarm or other device monitoring water flow is inspected the inspection does not include Inspection or testing of sufficiency of water supply, for which GSC has no responsibility or liability. ❑ (d) ALARM SIGNAL VERIFICATION: Subscriber agrees to pay GSC the sum of $ per month for the term of this agreement. If Subscriber selects Alarm Signal Verification as a service to be provided, or K Alamr Signal Verification is required by law, GSC or its designated central station shall verily Me alarm signal by electronic telephone communication, video verification or such other verification system deemed appropriate by GSC or as required by local law and only verified alarm conditions shall he communicated to police or fire department. ❑ (a) REMOTE SUBSCRIBER ACCESS I VIDEO STREAMING DATA [VSD] I CCTVISELF-MONITORING: Subscriber agrees to pay GSC the sum of $ 5Rr omh for the term of+Dys agreement. Select remote access / video seMces to be provided: acoCentral Station Remote Video Monitoring for live Streaming Video Data deo Clips Monitored Upon AlarmActivation Only []Verification recorded video clips ❑ud CloService Data Storage and Retdevai mote Access By Subscriber❑✓ideo Data to Subscribers Smart Phone ❑ Self -Monitoring ❑Other (describe): ❑ (f) ACCESS CONTROL ADMINISTRATION SERVICES: Subscriber agrees to pay GSC the sum of $ per month for the term of this agreement. Select Access Control Administration services to be provided: ❑ Remote Access Administration ❑ Onsite Administration ❑ Data Storage ❑ Data Backup ❑ (9) GUARD RESPONSE: Subscriber agrees to pay GSC the sum of (select payment method) $ per month for the term of this agreement (or $ plus lax payable per guard response). (h) SELF -MONITORING: Subscriber agrees to pay GSC the sum of $ par month for the term of this agreement, for self+monitoring 'ces. Self -Monitoring is provided by third party vendors who facilitate signals from Subscribers alarm system to Subscribers Internet or Cellular Connected device. Unless Subscriber has selected Central Station Monitoring, signals from Subscribers secunty system will not be monitored by and no signals will be received by any professional central station. 5. TERM OF AGREEMENT: RENEWAL: The term of this agreement shall be for a period of 38--' months and shall automatically renew month to month thereafter under the same terms and conditions, unless either party gives written notice to the wdw ui a iar intention not to renew the agreement at least 30 days prior to the expiration of any term. After the expiration of one year from the date hereof GSC shall be permitted from time to time to increase the monitoring charge by an amount not to exceed nine percent each year and Subscriber agrees to Pay such increase. GSC may invoice Subscriber in advance monthly, quarterly, or annually at GSC's option. Page 1 of 4 6. CENTRAL STATION MONITORING SERVICES: Upon receipt of an alarm signal, video or audio transmission, from Subscriber's security system, GSC or its designee central station shall make every reasonable effort to notify Subscriber and the appropriate municipal police or fire department [First Responders] depending upon the type of signal received. Not all signals or transmissions will require notification to the authorities and Subscriber may obtain a written response policy from GSC. No response shall be required for supervisory, loss of communication pathway, trouble or low battery signals. Subscriber acknowledges that signals transmitted from Subscriber's premises directly to municipal police or fire departments are not monitored by personnel of GSC or GSC's designee central station and GSC does not assume any responsibility for the manner in which such signals are monitored or the response, N any, to such signals. Subscriber acknowledges mat signals and transmissions are transmitted over telephone lines. wire, air waves, internal, VOIP, radio or cellular. or other modes of communication, and pass through communication networks wholly beyond the control of GSC and are not maintained by GSC except GSC may own the radio network, and GSC shall not be responsible for any failure which prevents transmission signals from reaching the central station monitoring center or damages arising therefrom, or for data corruption, theft or viruses to Subscribers computers if connected to the alarm communication equipment. Subscriber agrees to furnish GSC with a written Call List of names and telephone numbers of those persons Subscriber wishes to receive notification of slam signals. Unless otherwise provided in the Call List GSC will make a reasonable all to contact the first person reached or notified on the list either we telephone call, text or email massage. No more than one call to the list shall be required and any form of notification provided for herein, including leaving a message on an answering machine, shall be deemed reasonable compliance with GSC's notification obligation. All changes and revisions shall be supplied to GSC in writing. Subscriber authorizes GSC to access the control panel to input or delete data and programming. If the equipment contains video or listening devices permitting central station to monitor video or sound then upon receipt of an alarm signal control station shall monitor video or sound for so long as central station in its sole discretion deems appropriate to confirm an alarm or emergency condition. If Subscriber requests GSC to remotely activate or deactivate the system, change combinations, openings or closings. or reprogram system functions, Subscriber shall pay GSC $90.00 for each such service. GSC may, without prior notice, suspend or terminate its services, in GSC's sole discretion, in event of Subscribers default in performance of this agreement or in event central station facility or communication network is norroperational or Subscribers alarm system is sending excessive false alarms or runaway signals. Central station is authorized to record and maintain audio and video transmissions, date and communications, and shall be the exclusive owner of such property. All Subscriber information and data shall be maintained confidentially by GSC. 7. SERVICE: Service pursuant to paragraph A(bKii), includes all parts and labor, and GSC shall service upon Subscriber's request the security system installed in Subscribers premises between the hours of 9 a.m. and 5 p.m. Monday through Friday, within reasonable time after receiving notice from Subscriber that service is required, exclusive of Saturdays, Sundays and legal holidays. All repairs, replacement or alteration of the security system made by reason of alteration to Subscriber's premises. or caused by unauthorized Intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices no longer supported by communication pathways, obsolete components and components exceeding manufacturers useful life are not included in service and will be repaired or replaced at Subscriber's expense payable at time of service. No apparatus or device shall be attached to or connect with the security system as originally installed without GSC's written consent. 8. SUBSCRIBER REMOTE ACCESS: H Remote Access is included in the Schedule of Equipment and Services to be installed and services provided by GSC, the equipment will transmit data via Subscribers high speed Internet, cellular or radio communication service from remote device supplied by GSC or Subscribers Internet or wireless connection device which is compatible with GSC's remote services. GSC will grant access to server permuting Subscriber to monitor the security system, access the system to an, disarm and bypass zones on the system, view the remote video camem(s) and control other remote automation devices that may be installed or, when system design permits, connect the system to the Internet, over which GSC has no control. The remote services server is provided either by GSC or a third pony. GSC shall install the cameras) in a permissible legal location in Subscriber's premises to permit Subscriber viewing. GSC shall have no responsibility for failure of data transmission, corruption or unauthorized access by hacking or otherwise and shall not monitor or view the camera data. Electronic data may not be encrypted and wireless components of the alarm system may not meet Advanced Encryption Standard specifications for encryption of electronic data established by the US National Institute of Standards and Technology or any other established criteria for encryption and GSC shall have no liability for access to the alarm system by others. 9. WIRELESS AND INTERNET ACCESS CAPABILITIES: Subscriber is responsible for supplying highspeed Internet access and or wireless services at Subscribers premises. GSC does not provide Internet service, maintain Internet connection, wireless access or communication pathways, computer, smart phone, electric current connection or supply, or in all uses the remote video server. In consideration of Subscriber making its monthly payments for remote access to the system, GSC will authorize Subscriber access. GSC is not responsible for Subscribers access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by Subscriber to access the system. Subscriber acknowledges that Subscribers security system can be compromised if the codes or devices used for access are lost or accessed by others and GSC shall have no liability for such third party unauthorized access. GSC is not responsible for the security or privacy of any wireless network system or router. Wireless systems can be accessed by others. and it is the Subscriber's responsibility to secure access to the system with pass codes and lock out codes. GSC is not responsible for amens to wireless networks or devices that may not be supported by communication unions and upgrades to Subscribers system will be at Subscriber's expense. If Subscriber is Seff-Monitoring, no signals will be received unless Subscriber has access to the selected mode of communication pathway such as cellular, radio or Internet service. 10. ACCESS CONTROL SYSTEM OPERATION AND LIMITATIONS/ ACCESS CONTROL ADMINISTRATION: 9 Access Control is selected as a service to be provided and included in the Schedule of Equipment and Services, Amens Control equipment shall be connected to a computer supplied by the Subscriber and connected to Subscribers computer network. If data storage or backup is selected service GSC or its designee shall store and /or backup data received from Subscribers system for a period of one year. GSC shall have no liability for data corruption or inability to retrieve data even if caused by GSC's negligence. Subscribers data shall be maintained confidential and shall be retrieved and released only to Subscriber or upon Subscribers authorization or by legal pmcess. Internet amass is not provided by GSC and GSC has no responsibility for such access or IP address servos. GSC shall have no liability for unauthorized amass to the system through the Internet or other communication networks or data corruption or loss for any reason whatsoever. If Aeneas Control Administration is selected as a Service to be provided GSC will maintain the date base for the operation of the Amen Control System. Subscriber will advise GSC of all change in personnel and or changes in access levels of authorization and res actions. providing amens card sedal numbers or biometric data and such information that Subscriber deems necessary to identity personnel. All communication by Subscriber to GSC regarding personnel amens must be in wining via email or fax to addresses designated by GSC. GSC shall have remote Internet access to the Subscribers designated access control computer to program and make data base updates to the system. Subscriber is responsible for maintaining its computer and computer network and Internet access. 11. AUDIO I VIDEO SYSTEM OPERATION AND LIMITATIONS: If Audio / Mdeer System is selected as a service to be provitled and included in the Schedule of Equipment and Services, If video equipment is attached to a reorder it shall not be used for any other purpose. Subscriber shall be permitted to amass and make changes to the systems operation on site and over the internal. If data storage is selected service, GSC shall store data received from Subscriber's system for one year. GSC shall have no liability for data corruption or inability to retrieve data even d caused by GSC's negligence. Subscribers data shall be maintained confidential and shall be retrieved and released only to Subscriber or upon Subscriber's authorization or by legal process. Telephone or inlemet access is not provided by GSC and GSC has no responsibility for such amass or IP address service. If system has remote amass GSC is not responsible for the security or privacy of any wireless network system or router, and it is the Subscribers responsibility to seure access to the system with pass codes and lock outs. GSC shall have no liability for unauthorized access to the system through the Internet or other communication networks or data corruption w loss for any reason whatsoever. If audio or video devices are Installed, Subscriber has been advised to Independently ascertain that the audio or video devices are used lawfully. GSC has made no representations and has provided no advice regarding the use of audio or video devices. If audio or video devices are impaled, Subscriber has been advised to independently ascertain that the audio or video devices are used lawfully. GSC has made no representations and has provided no advice regarding the use of audio or video devices and it is Subscribers sole responsibility to use the camera and audio devices lawfully. 12. GUARD RESPONSE: If guard response is specified as a service to be provided, upon receipt of an alarm signal, GSC or its subcontractor shall as soon as may be practical send one or more of its guards to the Subscribers premises. Unless guard determines that the alarm is a false alarm and that no situation requiring police or fire department services exist, the guard shall notify the central station or police or fire department directly that an emergency situation exists and wail up to 15 minutes for the municipal polka or fire department personnel or Subscriber to arrive at the premises and if permitted by the police shall assist in making a search of the premises to determine the cause of the alarm condition. If provided with keys fo the premises the guard shall endeavor to secure the premises and repair the security equipment. However, Subscriber acknowledges that the guard is not required to enter the premises or to render any service to the security equipment and shall not be required to remain stationed at Subscribers premises for more than 15 minutes after initial arrival. Subscriber authorizes the guard to lake such action the guard deems necessary to secure the premises and reset the alarm, though Subscriber acknowledges that the guard may not be able to m may not have sufficient time to secure the promises or reset the alarm and put same in working order. If Subscriber requests GSC to station its guard at the premises for more than 30 minutes, and GSC has sufficient personnel to provide such service, and GSC makes no such representation that its personnel will be available, then Subscriber agrees to pay GSC $65.00 Per half hour plus lax for such service. Subscriber agrees to confirm the request to GSC to provide extended guard service by email, text or recorded conversation to GSC at the time request Is made and GSC is authorized to ignore any request not confirmed within 15 minutes. LIMITED WARRANTY ON SALE 13. In the event that any part of the security system becomes defective, or in the event that any repairs are required. GSC agrees to make all repairs and replacement of parts without costs to the Subscriber for a period of ninety (90) days from the date of installation. GSC reserves the option to either replace or repair the alarm equipment, and reserves the right to substitute materials of equal quality at time of replacement or to use reconditioned Parts in fulfillment of this warranty. This warranty does not Include batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components, and components exceeding manufacturers useful life. GSC is not the manufacturer of the equipment and other than GSC's limited womanly Subscriber agrees to look exclusively to the manufacturer of the equipment for repairs under Its warranty Page 2 of l coverage if any. Except as set forth in this agreement, GSC makes no express warranties as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantability, or its fitness for any particular purpose. GSC does not represent nor warrant that the security system may not be compromised or circumvented, or that the system will prevent any loss by burglary, hold-up, or otherwise; or that the system will in all cases provide the protection for which it is installed. GSC expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than GSC. GSC shall not be liable for consequential damages. Subscriber acknowledges that any affirmation of fact or promise made by GSC shall not be deemed to create an express warranty, unless included in this agreement in wrong; that Subscriber is not relying on GSC's skill or judgment in selecting or furnishing a system suitable for any particular purpose and that mere are no warranties which extend beyond those on the face of this agreement, and that GSC has offered additional and more sophisticated equipment for an additional charge which Subscriber has declined. Subscribers exclusive remedy for GSC's breach of this agreement or negligence to any degree under this agreement is to require GSC to repair or replace, at GSC§ option, any equipment which is non -operational. This Limited Warranty is independent of and in addition to service contracted under paragraph 4(b)(0) of this agreement. This Limited Warranty gives you specific legal rights antl you may also have other rights which very from stale to state. If required by law. GSC will Procure all permits required by total law and will provide cerlificam of workmen's compensation prior to starting work. GENERAL PROVISIONS 14. DELAY IN DELIVERY I INSTALLATION / RISK OF LOSS OF MATERIAL: GSC shall not be liable for any damage or loss sustained by Subscriber as a result of delay in delivery and/or installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walkouts, war, acts of God, or other causes. including GSC's negligence or failure to perform any obligation. The estimated dale work is to be substantially completed Is not a definite completion date and time Is not of the essence. In the event the work is delayed through no fault of GSC, GSC shall have such additional time for performance as may be reasonably necessary under the circumstances. Subscriber agrees to pay GSC the Sum of $1,000 per day for each business day the work is re -scheduled or delayed by Subscriber or others engaged by Subscriber through no fault of GSC on less than 24 hour notice to GSC. If installation is delayed for more than one year from date hereof by Subscriber or other contractors engaged by Subscriber and through no fault of GSC, Subscriber agrees to pay an additional 5% of the contract Purchase Price upon installation. Subscriber assumes all risk of loss of material once delivered to the job site. Should GSC be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay GSC for such service or material. 15. TESTING OF SECURITY SYSTEM: Security System, once installed, is in the exclusive possession and control of the Subscriber, and it is Subscriber's sole responsibility to test the operation of the Security System and to notify GSC 9 it is in need of repair. Service, if provided, is pursuant to paragraphs 4 and 7. 16. CARE AND SERVICE OF SECURITY SYSTEM: Subscriber agrees not to tamper with, remove or otherwise interfere with the Security System which shall remain in the same location as installed. All repairs, replacement or alteration of the security system made by reason of alteration to Subscriber's premises, or mused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be matle at the cost of the Subscribe. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components antl components exceeding manufacturer's useful life, are not included in warranty or service under paragraph 4(b) (e) and will be repaired or replaced at Subscribers expense. No apparatus or device shall be attached to or connect with the wormy system as originally Installed without GSC's written consent. 17. ALTERATION OF PREMISES FOR INSTALLATION: GSC is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in GSC's sole discretion for the installation and service of the security system, and GSC shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the security system, and Subscriber represents that the owner of the Promises. it other than Subscriber, authorizes the installation of the security system under the terms of this agreement. 18. SUBSCRIBER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscribers expense, all 110 Volt AC power, electrical outlet. ARC Type circuit breaker and dedicated receptacle, Internet connection, highspeed broadband cable or DEL antl IP Address. telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by GSC. 19. LIEN LAW: GSC o any subcontractor engaged by GSC to perform the work or furnish material who is not paid may have a claim against purchaser or the owner of the premises if other than the purchaser which may be enforced against the property in accordance with the applicable lien laws. 20. INDEMNITY I WAIVER OF SUBROGATION RIGHTS I ASSIGNMENTS: Subscriber agrees to indemnity and hold harmless GSC, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third -parties or by Subscriber, Including reasonable attorneys' fees and losses, asserted against and alleged to be caused by GSC's performance, negligence or failure to perform any obligation under this agreement. Parties agree that there are no thimparty beneficiaries of this agreement. Subscriber on its behalf and any insurance carrier waives any night of subrogation Subscribers Insurance carrier may otherwise have against GSC or GSC's subcontractors arising out of this agreement or the relation of the parties hereto. Subscriber shall not be permitted to assign this agreement without written consent of GSC. GSC shall have me right to assign this agreement and shall be relieved of any obligations herein upon such assignment. 21. EXCULPATORY CLAUSE: GSC and Subscriber agree that GSC is not an insurer and no insurance coverage is offered herein. The fire alarm, security system, equipment, and GSC's sendces are designed to detect and reduce certain risks of loss, though GSC does not guarantee that no loss or damage will occur. GSC Is not assuming liability, and, therefore, shall not be liable to Subscriber or any other third party for any loss, economic or non -economic, in contract or ton, data corruption or inability to retrieve data, personal injury or property damage sustained by Subscriber as a result of equipment failure, human error, burglary, theft, hold-up, fire, smoke, water or any other cause whatsoever, regardless of whether or not such Ions or damage was caused by or contributed to by GSC's negligent performance to any degree in furtherance of this agreement, any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this agreement or any other legal duty. In the event of any loss or injury to any person or property, Subscriber agrees to look exclusively to Subscribers insurer to recover damages. Subscriber releases GSC from any claims for contribution, indemnity or subrogation. 22. INSURANCE I ALLOCATION OF RISK: Subscriber shall maintain a policy of public liability, casualty, fire, theft, and properly damage under which Subscriber is named as insured and GSC is named as additional Insured and which shall cover any loss or damage GSC's services are intended to detect to one hundred percent of the insurable value or potential disk. The ponies intend that the Subscriber assume all potential risk and damage that may arse by reason of failure of the equipment, system or GSC's services. GSC shall not be responsible for any portion of any loss or damage which is recovered or recoverable by Subscriber from insurance covering such loss or damage or for such loss or damage against which Subscriber is indemnified or insured. Subscriber and all those claiming rights under Subscriber waive all rights against GSC and its subcontractors for loss or damages caused by perils intended to be detected by GSC's services or covered by Insurance to be obtained by Subscriber, except such rights as Subscriber or others may have to the proceeds of insurance. 23. LIMITATION OF LIABILITY: Subscriber agrees that should there arise any liability on the part of GSC as a result of GSC's negligent performance to any degree or negligent failure to perform any of GSC's obligations pursuant to this agreement or any other legal duty, equipment failure, human error, or strict products liability, that GSC's liability shall be rimtied to the sum of $250.00 or 6 times the aggregate of monthly payments for services being provided at time of loss, whether economic or non -economic, in contract or tort, whichever is greater. If Subscriber wishes to increase GSC's amount of limitation of liability, Subscriber may, as a matter of right, at any time, by entering into a supplemental agreement, obtain a higher limit by paying an annual payment consonant with GSCs increased liability. This shall not be construed as insurance coverage. 24. LEGAL ACTION: The parries agree that due to the nature of the services to be provided by GSC, the payments to be made by the Subscriber for the term of the services part of this agreement form an integral Pan of GSC's anticipated profits; that in the event of Subscribers default it would be difficult ff not impossible to fix GSC's actual damages. Therefore, in the event Subscriber defaults in any payment or charges to be paid to GSC. Subscriber shall be immediately liable for any unpaid Installation and Invoiced charges plus 80% of the balance of all payments for the entire term of this agreement as liquidated damages and GSC shall be permitted to terminate all its services, including but not limited to terminating monitoring service, under this agreement and to remotely reprogram or delete any programming without relieving Subscriber of any obligation herein. If GSC prevails in any litigation or arbitration between the parties, Subscriber shall pay GSC's legal fees. In any action commenced by GSC against Subscriber. Subscriber shell not be swindled to interpose any counterclaim. The Patties agree that they may bring claims against the other only in their individual capacity and not as a class adion plaintiff or class action member in any purported class or representative proceeding. Subject to Subscribers right to bring any claim against GSC for up to $1,000 in small claims court having jurisdiction, any dispute between the parties or arising out of this agreement, including issues of amitrability, shall, at the option of any pony, be determined by arbitration before a single arbitrator administered by Arbitration Services Inc., under its Arbitration Rules at www.AmilrationServiceenc.com, except that no punitive damages may be awarded. The arbitrator is authorized to conduct Proceedings by telephone, video or by submission of papers. Service of process or papers in any legal proceeding or arbitration between the patties may be made by First -Class Mail delivered by the U.S. Postal Service addressed to the party's address in this agreement or another address provided by the pony In writing to the party making service. Subscriber submits to the jurisdiction and laws of Washington and agrees that any litigation or arbitration between the parties must be commenced and maintained in the county where GSC's principal place of business is located. The parties waive foal by jury in any action between them unless prohibited by law. Any action by Subscriber against GSC must be commenced within one year of the accrual of the cause of action or shall be barred. All actions or proceedings against GSC must be based on the provisions of this agreement. Any other action that Subscriber may have or bring against GSC in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement, and this consent to arbitrate shall survive the termination of this agreement. 25. GSC'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that GSC is authorized and "miffed to subcontract any services to be provided by GSC to third parties who may be independent of GSC, and that GSC shall not be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever mused by the negligence of third parties. Subscriber appoints GSC to ad as Subscribers agent with respect to such third parties, except that GSC shall not obligate Subscriber to make any payments to such third parties. Subscriber acknowledges that this agreement, and particularly those paragraphs relating to GSC's disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, vendors and central Station of GSC. Pegs 3 of 4 2C MOLD, OBSTACLES AND HAZARDOUS CONDITIONS: Subscribershall notify G5C in writing of any undisclosed, Concealer} Orhidden Conditions in any area where installation is planned, and Subscriber shall be responsible for removal of such conditions. In the event GSC discovers the presence cif suspected asbestos or other hazardous material. GSC shall slop all work immediately and rtollfy Subscriber. II shall be Subscribers sole obligation 10 remove such Conditions from the premises, and if the work is delayed due to the discovery of suspected asbestos or other hazardous material or conditions then an extension of Time to perform the work shall be allowed and Subscriber agrees to compensate GSC for any additional expenses caused ivy the delay but not less than $1000.00 per day until work can resume. If GSC, in Its sole discretion, determines that continuing the work poses a risk to GSC or its employees or aganls. GSC may elect to terminate this agreement on 3 day notice to Subscriber and Subscriber shall compensate GSC for all services rendered and material provided to dale of termination. GSC Shalt be entitled to remove all tts equipment and unir s alled equipment and material from the job site. Under no circurn M ancesshall GSC be liable to Subscriher fur a ny damage caused by mold or hazardous condilions or remedialion thereof, 27. NON -SOLICITATION: Subscriber agrees that k will not solicit for emrploymenl for ilseff, or any othar entity, or employ, in any capacity, any employee of GSC essigned by GSC to perform any service far or on bahalf of Subscriber for a period of two years after GSC has completed providing service to Subscriber. In the event of Subscriber's violation of this provision, In addition to injunctive relief. GSC shall recover from Subscriber an amount equal to such employee's salary based on the average three months preceding employee's termination of employment wilh GSC, times twelve, together with CSC's cqunsel and expert wiliness fees. 28. FALSE ALARMS I PERMIT FEES: Subscriber is responsible for all alarm permits and fees, agrees to file for and maintain arty permits required by applicable law and indemnify or reimburse GSC for any fines relating to permits or false alarms. GSC shalt have no Iiabilily for permit fees. Wse alarms, false alarm fines, the manner in which police or fire dMarlment responds, or the refusal of the police or fire department to respond. In the event of termination of police or fire department response this agreement shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein a- SECURITY INTEREST 1 COLLATERAL. To secure Subscribers obligations under this agreement Subscriber grants GSC a security interest in the security equipment installed by GSC and GSC is authorized tofile 4 financing statement. 30. CREDIT INVESTIGATION; Subscriber and any guarantor authorize GSC to conduct credit investigations from time to time to determine Subscribers and guarantors credit worthiness. 31. FULL AGREEMENT I SEVERABILiTY: This agreement along with the Schedute of Equipment and Services conCilutes the full understanding of the Parties and may not be amended, modified or canceled, except in writing signed by twltt parties, except GSC's requirements regarding items of protection provided for in this agreement imposed by Authority Having Jurisdiction. Subscriber acknowledges and represents That Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those sat forth in this Agreement. Subscriber hereby waives all rights and remedies, at law of in equity, arising. or which may arise, as the rasull of Suh&uibar's reliance on such representation, assertion, guarantee, warranty, collateral agreement or other assurance. To the extent this agreement is incorrsisIvM with any other document or agreement, whether executed prior to, concurrently wilts or subsequent to this agreement the terns Of this agreement shall govern. This agreement shalt run concurrently with and shall not terminate OF supersede any existing agreement between the parties unless specified herein. Should any provision of this agreement be deemed void, the rematning parts Shall be enforceable. SUBSCRIBER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY OF THIS 4 PAGE AGREEMENT AND SCHEDULE OF EQUIPMENT AND SERVICES AT TIME OF EXECUTION. GLOBAL SECURITY St COMMUNICATION, I C.: t3y: Signs re Subscriber agrees to have its credit card automatically charged for all charges under this agreement. 'w etoGrtbEr Signature by Authorized Officer Mayor The of Person Sgrinq B ill ing Address; 216 Prospect Street Subscribers Email Address: What type of billing invoice would you like to receive? Email SUBSCRIBER r=--: Mayor Subscriber. Signature by Authorized OMM TiSE of Person Signing Robert Putoansuu Pnnt Name of Subscriber 91-64U1487 Tax to or EIN Page 4 of a 41111111�� ?GLOBAL SECURITY Smart I Connected I Protected MONITORING STATION DATA 3212 Main Street Vancouver, WA 9663 Vancouver(360) 693-1900 Toll Free (800) 446-2400 Fax(360) 906-9692 www.global4security.com Dealer Number Account Number Subscriber Name Premises Number 9300 CITY OF PORT Address city State Zip Code Customer Email Attn: Accounts Payable Port Orchard WA 98366 Password Panel Type Format Two -Way Board Panel Phone Number On/Off Code kiska 8208 SPECIAL INSTRUCTIONS NOTIFICATION LIST Name Telephone Tvne Name Telenhone T"e 1 Matt Brown 360-536-0070 5 2 6 3 7 4 8 ZONE DESCRIPTIONS Code Alarm Type Zone Description Code Alarm Type Zone Description 1 8 2 9 3 10 4 11 5 12 G 13 7 14 Subscriber's Signature Dealer's Signature Date 8/17/2022