Common use of Subscriber Option Clause in Contracts

Subscriber Option. If during the term of this Agreement any change of transmission equipment or method becomes necessary due to governmental, regulatory, or network provider action, Contractor shall make the necessary change at no additional charge to Subscr ber. In exchange, Subscriber agrees to pay Contractor an additional sum of $1O per month. _(Subscriber's nitials for acceptance) 3. Any tax applicable to, based upon, or measured by the receipts from or amount paid for service rendered by Contractor hereunder, and payable by Subscriber, shall be paid by Subscriber in addition to the respective amounts otherwise payable by Subscriber as herein provided. Subscriber agrees to pay, in additon to any other sums herein provided to be paid all taxes, false alarms fees and other fees and charges imposed by any governmental authority, such as the Fire and/or Police Department, relating to the installat ion, service and/or transmission of alarm signals and/or images of said signaling system and to pay any charges to Contractor by the public entity providing wire connections for the transmission of signals or images. 4. IT IS UNDERSTOOD THAT NEITHER THE CONTRACTOR NOR ANY THIRD PARTY DESIGNATED BY THE CONTRACTOR WHICH PROVIDES SERVICE TO THE SUBSCRIBER IS AN INSURER, THAT INSURANCE, IF ANY, SHALL BE OBTAINED BY THE SUBSCRIBER AND THAT THE AMOUNTS PAYABLE TO THE CONTRACTOR HEREUNDER ARE BASED UPON THE VALUE OF THE SERVICES AND THE SCOPE OF LIABILITY AS HEREIN SET FORTH AND ARE UNRELATED TO THE VALUE OF THE SUBSCRIBER'S PROPERTY OR THE PROPERTY OF OTHERS LOCATED IN SUBSCRIBER'S PREMISES. CONTRACTOR MAKES NO GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SYSTEM OR SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT. THE SUBSCRIBER DOES NOT DESIRE THIS CONTRACT TO PROVIDE FOR FULL LIAIBILITY OF THE CONTRACTOR OR ANY SUCH THIRD PARTY AND AGREES THAT THE CONTRACTOR AND ANY SUCH THIRD PARTY SHALL BE EXEMPT FROM LIABILITY FOR LOSS OR DAMAGE DUE DIRECTLY OR INDIRECTLY TO OCCURRENCES, OR CONSEQUENCES THEREFROM, WHICH THE SERVICE IS DESIGNED TO DETECT OR AVERT; THAT IF THE CONTRACTOR OR ANY SUCH THIRD PARTY SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO A FAILURE OF SERVICE IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO TEN PERCENT OF THE ANNUAL SERVICE CHARGE ATTRIBUTABLE TO EFFECTED PREMISES OR $250, WHICHEVER IS GREATER, AND THAT THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF LOSS OR DAMAGE, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED BY THIS CONTRACT OR FROM NEGLIGENCE OF ANY DEGREE, ACTIVE OR OTHERWISE OF THE CONTRACTOR AND ANY SUCH THIRD PARTY AND THEIR AGENTS OR EMPLOYEES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST THE CONTRACTOR MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION. FURTHER, IF A CONNECTING COMPANY IS USING THE TRANSMISSION FACILITIES OF CONTRACTOR, THE CONNECTING COMPANY AGREES TO INCLUDE IN ALL OF ITS CONTRACTS WITH ITS SUBSCRIBERS WHO RECEIVE SERVICE THROUGH THE CONNECTION INVOLVED THEREIN, A CLAUSE PROTECTING CONTRACTOR FROM ANY LIABILITY, COST AND EXPENSE INCLUDING ATTORNEY'S FEES IN DEFENDING ANY CLAIM MADE AGAINST CONTRACTOR, BEYOND THAT SET FORTH IN THIS PARAGRAPH 4. S__U_B_S_C__R_I_B_E_R__H_A_S__R_E__A_D__A_N_D__A__G_R_E_E__S_T_O__T_H__E_T__E_R_M__S_A__N_D__C_O_N__D_IT__IO_N_S__O_N__A_L_L__P_A_G__E_S__O_F__T__H_IS__A_G__R_E_E__M_E_N__T.. This Agreement is not binding until approved by an Authorized Representative of Pavion Corp. and all its subsidiaries. Accepted: Pavion Corp. and all its subsidiaries BY: SUBSCRIBER NAME SALES REPRESENTATIVE PRINTED NAME OF AUTHORIZED PERSON APPROVED: - - AUTHORIZED REPRESENTATIVE Date - SIGNATURE DATE CONTRACT NO. 5. SUBSCRIBER IS HEREBY GIVEN AN ABSOLUTE AND UNEQUIVOCAL OPTION TO REQUIRE THE CONTRACTOR TO ASSUME LIABILITY BEYOND THAT INDICATED ABOVE. IF THE SUBSCRIBER EXERCISES SUCH OPTION, A RIDER TO THIS CONTRACT WILL BE ENTERED INTO AND SIGNED BY THE PARTIES HERETO PROVIDING FOR THE EXTENT OF CONTRACTOR'S ADDITIONAL LIABILITY IN CONSIDERATION FOR WHICH SUBSCRIBER AGREES TO PAY THE CONTRACTOR ADDITIONAL SERVICE CHARGES SPECIFIED IN THE RIDER WHICH SHALL BE CONSISTENT WITH CONTRACTOR'S ADDITIONAL COST OF OBTAINING LIABILITY INSURANCE COVERING THE FULL SCOPE OF LIABILITY REQUESTED BY SUBSCRIBER, IN WHICH EVENT THE DOLLAR AMOUNT IN CLAUSE NO. 4 ABOVE WILL BE NULL AND VOID, PROVIDED, HOWEVER, THAT SUCH ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD CONTRACTOR AS AN INSURER. 6. SCHEDULE OF PROTECTION. Select One using IP/Radio for alarm signal transmission 7. Except as otherwise provided herein, in the event Pavion Corp. and all its subsidiaries alarm monitoring services is furnished under this Agreement, Contractor agrees to transmit to the municipal fire and/or police department all fire and/or burglar alarm signals or images received at its remote station from the system installed hereunder, unless ii is the best judgement of Contractor that the causes of such signals shall be first investigated by telephoning or dispatching a representative to Subscriber's premises Contractor shall also make reasonable effort to similarly notify the Subscriber or Subscriber's designated representative. 8. The electric current and/or water necessary for said signaling system shall be furnished by Subscriber at Subscriber's expense. Subscriber acknowledges that transmission of signals and/or images to the Contractor may be via internet, radio or wire (telephone wire) and that alternative or additional protection can be installed at Subscriber's request and expense. Subscriber further acknowledges that signals and/or images which are transmitted by radio, digital cellular, wireless, internet, Voice over Internet Protocol (VoIP) or over telephone lines are wholly beyond the control of Contractor and are maintained and serviced by the telephone or utility company, and, therefore, Contractor shall not be liable or responsible for telephone line(s), wireless, internet, VoIP, radio, or digital cellular failure wfhich prevents signals and/or images from reaching Contractor or the failure of anyone whom Contractor attempts to notify of an alarm condition to respond to Xxxxxxxxxx's attempted telephonic communication. In the event Contractor utilizes a digital communicator to transmit signals and/or images, Subscriber shall furnish and maintain all necessary telephone lines and jacks for said communicator and advise Contractor of any changes in the Subscriber's telephone line number(s). 8A In the event Subscriber elects to utilize Voice over Internet Protocol (VoIP) or Digital Subscriber Line (DSL) phone service (also known as Digital or Internet Phone service) for transmitting signals and/or images to Contractor's monitoring facility, Subscriber acknowledges there may be times when the Contractor will be unable to acquire or transmit alarm signals and/or images. Subscriber agrees to indemnify and hold harmless Contractor for any failures attributable to Subscribers use of VoIP and/or DSL phone lines for the transmission of alarm signals and/or images to Contractor.

Appears in 1 contract

Samples: Monitoring Contract

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Subscriber Option. If during the term of this Agreement any change of transmission equipment or method becomes necessary due to governmental, regulatory, or network provider action, Contractor shall make the necessary change at no additional charge to Subscr ber. In exchange, Subscriber agrees to pay Contractor an additional sum of $1O per month. _(Subscriber's nitials for acceptance) 3. Any tax applicable to, based upon, or measured by the receipts from or amount paid for service rendered by Contractor hereunder, and payable by Subscriber, shall be paid by Subscriber in addition to the respective amounts otherwise payable by Subscriber as herein provided. Subscriber agrees to pay, in additon addit on to any other sums herein provided to be paid all taxes, false alarms fees and other fees and charges imposed by any governmental authority, such as the Fire and/or Police Department, relating to the installat ion, service and/or transmission of alarm signals and/or images of said signaling system and to pay any charges to Contractor by the public entity providing wire connections for the transmission of signals or images. 4. IT IS UNDERSTOOD THAT NEITHER THE CONTRACTOR NOR ANY THIRD PARTY DESIGNATED BY THE CONTRACTOR WHICH PROVIDES SERVICE TO THE SUBSCRIBER IS AN INSURER, THAT INSURANCE, IF ANY, SHALL BE OBTAINED BY THE SUBSCRIBER AND THAT THE AMOUNTS PAYABLE TO THE CONTRACTOR HEREUNDER ARE BASED UPON THE VALUE OF THE SERVICES AND THE SCOPE OF LIABILITY AS HEREIN SET FORTH AND ARE UNRELATED TO THE VALUE OF THE SUBSCRIBER'S PROPERTY OR THE PROPERTY OF OTHERS LOCATED IN SUBSCRIBER'S PREMISES. CONTRACTOR MAKES NO GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SYSTEM OR SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT. THE SUBSCRIBER DOES NOT DESIRE THIS CONTRACT TO PROVIDE FOR FULL LIAIBILITY OF THE CONTRACTOR OR ANY SUCH THIRD PARTY AND AGREES THAT THE CONTRACTOR AND ANY SUCH THIRD PARTY SHALL BE EXEMPT FROM LIABILITY FOR LOSS OR DAMAGE DUE DIRECTLY OR INDIRECTLY TO OCCURRENCES, OR CONSEQUENCES THEREFROM, WHICH THE SERVICE IS DESIGNED TO DETECT OR AVERT; THAT IF THE CONTRACTOR OR ANY SUCH THIRD PARTY SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO A FAILURE OF SERVICE IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO TEN PERCENT OF THE ANNUAL SERVICE CHARGE ATTRIBUTABLE TO EFFECTED PREMISES OR $250, WHICHEVER IS GREATER, AND THAT THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF LOSS OR DAMAGE, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED BY THIS CONTRACT OR FROM NEGLIGENCE OF ANY DEGREE, ACTIVE OR OTHERWISE OF THE CONTRACTOR AND ANY SUCH THIRD PARTY AND THEIR AGENTS OR EMPLOYEES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST THE CONTRACTOR MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION. FURTHER, IF A CONNECTING COMPANY IS USING THE TRANSMISSION FACILITIES OF CONTRACTOR, THE CONNECTING COMPANY AGREES TO INCLUDE IN ALL OF ITS CONTRACTS WITH ITS SUBSCRIBERS WHO RECEIVE SERVICE THROUGH THE CONNECTION INVOLVED THEREIN, A CLAUSE PROTECTING CONTRACTOR FROM ANY LIABILITY, COST AND EXPENSE INCLUDING ATTORNEY'S FEES IN DEFENDING ANY CLAIM MADE AGAINST CONTRACTOR, BEYOND THAT SET FORTH IN THIS PARAGRAPH 4. S__U_B_S_C__R_I_B_E_R__H_A_S__R_E__A_D__A_N_D__A__G_R_E_E__S_T_O__T_H__E_T__E_R_M__S_A__N_D__C_O_N__D_IT__IO_N_S__O_N__A_L_L__P_A_G__E_S__O_F__T__H_IS__A_G__R_E_E__M_E_N__TS__U_B_S_C__R_I_B_E_R__H_A_S__R_E__A_D__A_N_D__A__G_R_E_E__S_T_O__T_H__E_T__E_R_M__S_A__N_D__C_O_N__D_IT__IO__N_S__O_N__A_L_L__P_A_G__E_S__O_F__T_H_IS__A_G__R_E_E__M_E_N__T_.. This Agreement is not binding until approved by an Authorized Representative of Pavion Corp. and all its subsidiaries. Accepted: Pavion Corp. and all its subsidiaries Xxxxxxx Technology Solutions, Inc BY: SUBSCRIBER NAME SALES REPRESENTATIVE PRINTED NAME OF AUTHORIZED PERSON APPROVED: - - AUTHORIZED REPRESENTATIVE Date - Xxxxxxx Technology Solutions Inc., Mon toring Contract SIGNATURE DATE Month __Y_ea_r _ CONTRACT NO. 5. SUBSCRIBER IS HEREBY GIVEN AN ABSOLUTE AND UNEQUIVOCAL OPTION TO REQUIRE THE CONTRACTOR TO ASSUME LIABILITY BEYOND THAT INDICATED ABOVE. IF THE SUBSCRIBER EXERCISES SUCH OPTION, A RIDER TO THIS CONTRACT WILL BE ENTERED INTO AND SIGNED BY THE PARTIES HERETO PROVIDING FOR THE EXTENT OF CONTRACTOR'S ADDITIONAL LIABILITY IN CONSIDERATION FOR WHICH SUBSCRIBER AGREES TO PAY THE CONTRACTOR ADDITIONAL SERVICE CHARGES SPECIFIED IN THE RIDER WHICH SHALL BE CONSISTENT WITH CONTRACTOR'S ADDITIONAL COST OF OBTAINING LIABILITY INSURANCE COVERING THE FULL SCOPE OF LIABILITY REQUESTED BY SUBSCRIBER, IN WHICH EVENT THE DOLLAR AMOUNT IN CLAUSE NO. 4 ABOVE WILL BE NULL AND VOID, PROVIDED, HOWEVER, THAT SUCH ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD CONTRACTOR AS AN INSURER. 6. SCHEDULE OF PROTECTION. Select One using IP/Radio for alarm signal transmission. 7. Except as otherwise provided herein, in the event Pavion Corp. and all its subsidiaries CTSI alarm monitoring services is furnished under this Agreement, Contractor agrees to transmit to the municipal fire and/or police department all fire and/or burglar alarm signals or images received at its remote station from the system installed hereunder, unless ii is the best judgement of Contractor that the causes of such signals shall be first investigated by telephoning or dispatching a representative to Subscriber's premises Contractor shall also make reasonable effort to similarly notify the Subscriber or Subscriber's designated representative. 8. The electric current and/or water necessary for said signaling system shall be furnished by Subscriber at Subscriber's expense. Subscriber acknowledges that transmission of signals and/or images to the Contractor may be via internet, radio or wire (telephone wire) and that alternative or additional protection can be installed at Subscriber's request and expense. Subscriber further acknowledges that signals and/or images which are transmitted by radio, digital cellular, wireless, internet, Voice over Internet Protocol (VoIP) or over telephone lines are wholly beyond the control of Contractor and are maintained and serviced by the telephone or utility company, and, therefore, Contractor shall not be liable or responsible for telephone line(s), wireless, internet, VoIP, radio, or digital cellular failure wfhich prevents signals and/or images from reaching Contractor or the failure of anyone whom Contractor attempts to notify of an alarm condition to respond to Xxxxxxxxxx's attempted telephonic communication. In the event Contractor utilizes a digital communicator to transmit signals and/or images, Subscriber shall furnish and maintain all necessary telephone lines and jacks for said communicator and advise Contractor of any changes in the Subscriber's telephone line number(s). 8A In the event Subscriber elects to utilize Voice over Internet Protocol (VoIP) or Digital Subscriber Line (DSL) phone service (also known as Digital or Internet Phone service) for transmitting signals and/or images to Contractor's monitoring facility, Subscriber acknowledges there may be times when the Contractor will be unable to acquire or transmit alarm signals and/or images. Subscriber agrees to indemnify and hold harmless Contractor for any failures attributable to Subscribers use of VoIP and/or DSL phone lines for the transmission of alarm signals and/or images to Contractor.

Appears in 1 contract

Samples: Monitoring Contract

Subscriber Option. If during the term of this Agreement any change of transmission equipment or method becomes necessary due to governmental, regulatory, or network provider action, Contractor shall make the necessary change at no additional charge to Subscr ber. In exchange, Subscriber agrees to pay Contractor an additional sum of $1O per month. _(Subscriber's nitials for acceptance) 3. Any tax applicable to, based upon, or measured by the receipts from or amount paid for service rendered by Contractor hereunder, and payable by Subscriber, shall be paid by Subscriber in addition to the respective amounts otherwise payable by Subscriber as herein provided. Subscriber agrees to pay, in additon to any other sums herein provided to be paid all taxes, false alarms fees and other fees and charges imposed by any governmental authority, such as the Fire and/or Police Department, relating to the installat ion, service and/or transmission of alarm signals and/or images of said signaling system and to pay any charges to Contractor by the public entity providing wire connections for the transmission of signals or images. 4. IT IS UNDERSTOOD THAT NEITHER THE CONTRACTOR NOR ANY THIRD PARTY DESIGNATED BY THE CONTRACTOR WHICH PROVIDES SERVICE TO THE SUBSCRIBER IS AN INSURER, THAT INSURANCE, IF ANY, SHALL BE OBTAINED BY THE SUBSCRIBER AND THAT THE AMOUNTS PAYABLE TO THE CONTRACTOR HEREUNDER ARE BASED UPON THE VALUE OF THE SERVICES AND THE SCOPE OF LIABILITY AS HEREIN SET FORTH AND ARE UNRELATED TO THE VALUE OF THE SUBSCRIBER'S PROPERTY OR THE PROPERTY OF OTHERS LOCATED IN SUBSCRIBER'S PREMISES. CONTRACTOR MAKES NO GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SYSTEM OR SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT. THE SUBSCRIBER DOES NOT DESIRE THIS CONTRACT TO PROVIDE FOR FULL LIAIBILITY OF THE CONTRACTOR OR ANY SUCH THIRD PARTY AND AGREES THAT THE CONTRACTOR AND ANY SUCH THIRD PARTY SHALL BE EXEMPT FROM LIABILITY FOR LOSS OR DAMAGE DUE DIRECTLY OR INDIRECTLY TO OCCURRENCES, OR CONSEQUENCES THEREFROM, WHICH THE SERVICE IS DESIGNED TO DETECT OR AVERT; THAT IF THE CONTRACTOR OR ANY SUCH THIRD PARTY SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO A FAILURE OF SERVICE IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO TEN PERCENT OF THE ANNUAL SERVICE CHARGE ATTRIBUTABLE TO EFFECTED PREMISES OR $250, WHICHEVER IS GREATER, AND THAT THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF LOSS OR DAMAGE, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED BY THIS CONTRACT OR FROM NEGLIGENCE OF ANY DEGREE, ACTIVE OR OTHERWISE OF THE CONTRACTOR AND ANY SUCH THIRD PARTY AND THEIR AGENTS OR EMPLOYEES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST THE CONTRACTOR MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION. FURTHER, IF A CONNECTING COMPANY IS USING THE TRANSMISSION FACILITIES OF CONTRACTOR, THE CONNECTING COMPANY AGREES TO INCLUDE IN ALL OF ITS CONTRACTS WITH ITS SUBSCRIBERS WHO RECEIVE SERVICE THROUGH THE CONNECTION INVOLVED THEREIN, A CLAUSE PROTECTING CONTRACTOR FROM ANY LIABILITY, COST AND EXPENSE INCLUDING ATTORNEY'S FEES IN DEFENDING ANY CLAIM MADE AGAINST CONTRACTOR, BEYOND THAT SET FORTH IN THIS PARAGRAPH 4. S__U_B_S_C__R_I_B_E_R__H_A_S__R_E__A_D__A_N_D__A__G_R_E_E__S_T_O__T_H__E_T__E_R_M__S_A__N_D__C_O_N__D_IT__IO_N_S__O_N__A_L_L__P_A_G__E_S__O_F__T__H_IS__A_G__R_E_E__M_E_N__T.. This Agreement is not binding until approved by an Authorized Representative of Pavion Corp. and all its subsidiaries. Accepted: Pavion Corp. and all its subsidiaries Corp BY: SUBSCRIBER NAME SALES REPRESENTATIVE PRINTED NAME OF AUTHORIZED PERSON APPROVED: - - AUTHORIZED REPRESENTATIVE Date - SIGNATURE DATE CONTRACT NO. 5. SUBSCRIBER IS HEREBY GIVEN AN ABSOLUTE AND UNEQUIVOCAL OPTION TO REQUIRE THE CONTRACTOR TO ASSUME LIABILITY BEYOND THAT INDICATED ABOVE. IF THE SUBSCRIBER EXERCISES SUCH OPTION, A RIDER TO THIS CONTRACT WILL BE ENTERED INTO AND SIGNED BY THE PARTIES HERETO PROVIDING FOR THE EXTENT OF CONTRACTOR'S ADDITIONAL LIABILITY IN CONSIDERATION FOR WHICH SUBSCRIBER AGREES TO PAY THE CONTRACTOR ADDITIONAL SERVICE CHARGES SPECIFIED IN THE RIDER WHICH SHALL BE CONSISTENT WITH CONTRACTOR'S ADDITIONAL COST OF OBTAINING LIABILITY INSURANCE COVERING THE FULL SCOPE OF LIABILITY REQUESTED BY SUBSCRIBER, IN WHICH EVENT THE DOLLAR AMOUNT IN CLAUSE NO. 4 ABOVE WILL BE NULL AND VOID, PROVIDED, HOWEVER, THAT SUCH ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD CONTRACTOR AS AN INSURER. 6. SCHEDULE OF PROTECTION. Select One using IP/Radio for alarm signal transmissiontransmission Select One 7. Except as otherwise provided herein, in the event Pavion Corp. and all its subsidiaries alarm monitoring services is furnished under this Agreement, Contractor agrees to transmit to the municipal fire and/or police department all fire and/or burglar alarm signals or images received at its remote station from the system installed hereunder, unless ii is the best judgement of Contractor that the causes of such signals shall be first investigated by telephoning or dispatching a representative to Subscriber's premises Contractor shall also make reasonable effort to similarly notify the Subscriber or Subscriber's designated representative. 8. The electric current and/or water necessary for said signaling system shall be furnished by Subscriber at Subscriber's expense. Subscriber acknowledges that transmission of signals and/or images to the Contractor may be via internet, radio or wire (telephone wire) and that alternative or additional protection can be installed at Subscriber's request and expense. Subscriber further acknowledges that signals and/or images which are transmitted by radio, digital cellular, wireless, internet, Voice over Internet Protocol (VoIP) or over telephone lines are wholly beyond the control of Contractor and are maintained and serviced by the telephone or utility company, and, therefore, Contractor shall not be liable or responsible for telephone line(s), wireless, internet, VoIP, radio, or digital cellular failure wfhich prevents signals and/or images from reaching Contractor or the failure of anyone whom Contractor attempts to notify of an alarm condition to respond to Xxxxxxxxxx's attempted telephonic communication. In the event Contractor utilizes a digital communicator to transmit signals and/or images, Subscriber shall furnish and maintain all necessary telephone lines and jacks for said communicator and advise Contractor of any changes in the Subscriber's telephone line number(s). 8A In the event Subscriber elects to utilize Voice over Internet Protocol (VoIP) or Digital Subscriber Line (DSL) phone service (also known as Digital or Internet Phone service) for transmitting signals and/or images to Contractor's monitoring facility, Subscriber acknowledges there may be times when the Contractor will be unable to acquire or transmit alarm signals and/or images. Subscriber agrees to indemnify and hold harmless Contractor for any failures attributable to Subscribers use of VoIP and/or DSL phone lines for the transmission of alarm signals and/or images to Contractor.

Appears in 1 contract

Samples: Monitoring Contract

Subscriber Option. If during the term of this Agreement any change of transmission equipment or method becomes necessary due to governmental, regulatory, or network provider action, Contractor shall make the necessary change at no additional charge to Subscr ber. In exchange, Subscriber agrees to pay Contractor an additional sum of $1O per month. _(Subscriber's nitials for acceptance) 3. Any tax applicable to, based upon, or measured by the receipts from or amount paid for service rendered by Contractor hereunder, and payable by Subscriber, shall be paid by Subscriber in addition to the respective amounts otherwise payable by Subscriber as herein provided. Subscriber agrees to pay, in additon to any other sums herein provided to be paid all taxes, false alarms fees and other fees and charges imposed by any governmental authority, such as the Fire and/or Police Department, relating to the installat ion, service and/or transmission of alarm signals and/or images of said signaling system and to pay any charges to Contractor by the public entity providing wire connections for the transmission of signals or images. 4. IT IS UNDERSTOOD THAT NEITHER THE CONTRACTOR NOR ANY THIRD PARTY DESIGNATED BY THE CONTRACTOR WHICH PROVIDES SERVICE TO THE SUBSCRIBER IS AN INSURER, THAT INSURANCE, IF ANY, SHALL BE OBTAINED BY THE SUBSCRIBER AND THAT THE AMOUNTS PAYABLE TO THE CONTRACTOR HEREUNDER ARE BASED UPON THE VALUE OF THE SERVICES AND THE SCOPE OF LIABILITY AS HEREIN SET FORTH AND ARE UNRELATED TO THE VALUE OF THE SUBSCRIBER'S PROPERTY OR THE PROPERTY OF OTHERS LOCATED IN SUBSCRIBER'S PREMISES. CONTRACTOR MAKES NO GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SYSTEM OR SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT. THE SUBSCRIBER DOES NOT DESIRE THIS CONTRACT TO PROVIDE FOR FULL LIAIBILITY OF THE CONTRACTOR OR ANY SUCH THIRD PARTY AND AGREES THAT THE CONTRACTOR AND ANY SUCH THIRD PARTY SHALL BE EXEMPT FROM LIABILITY FOR LOSS OR DAMAGE DUE DIRECTLY OR INDIRECTLY TO OCCURRENCES, OR CONSEQUENCES THEREFROM, WHICH THE SERVICE IS DESIGNED TO DETECT OR AVERT; THAT IF THE CONTRACTOR OR ANY SUCH THIRD PARTY SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO A FAILURE OF SERVICE IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO TEN PERCENT OF THE ANNUAL SERVICE CHARGE ATTRIBUTABLE TO EFFECTED PREMISES OR $250, WHICHEVER IS GREATER, AND THAT THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF LOSS OR DAMAGE, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED BY THIS CONTRACT OR FROM NEGLIGENCE OF ANY DEGREE, ACTIVE OR OTHERWISE OF THE CONTRACTOR AND ANY SUCH THIRD PARTY AND THEIR AGENTS OR EMPLOYEES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST THE CONTRACTOR MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION. FURTHER, IF A CONNECTING COMPANY IS USING THE TRANSMISSION FACILITIES OF CONTRACTOR, THE CONNECTING COMPANY AGREES TO INCLUDE IN ALL OF ITS CONTRACTS WITH ITS SUBSCRIBERS WHO RECEIVE SERVICE THROUGH THE CONNECTION INVOLVED THEREIN, A CLAUSE PROTECTING CONTRACTOR FROM ANY LIABILITY, COST AND EXPENSE INCLUDING ATTORNEY'S FEES IN DEFENDING ANY CLAIM MADE AGAINST CONTRACTOR, BEYOND THAT SET FORTH IN THIS PARAGRAPH 4. S__U_B_S_C__R_I_B_E_R__H_A_S__R_E__A_D__A_N_D__A__G_R_E_E__S_T_O__T_H__E_T__E_R_M__S_A__N_D__C_O_N__D_IT__IO_N_S__O_N__A_L_L__P_A_G__E_S__O_F__T__H_IS__A_G__R_E_E__M_E_N__T.. This Agreement is not binding until approved by an Authorized Representative of Pavion Corp. and all its subsidiaries. Accepted: Pavion Corp. and all its subsidiaries Corp BY: SUBSCRIBER NAME SALES REPRESENTATIVE PRINTED NAME OF AUTHORIZED PERSON APPROVED: - - AUTHORIZED REPRESENTATIVE Date - SIGNATURE DATE CONTRACT NO. 5. SUBSCRIBER IS HEREBY GIVEN AN ABSOLUTE AND UNEQUIVOCAL OPTION TO REQUIRE THE CONTRACTOR TO ASSUME LIABILITY BEYOND THAT INDICATED ABOVE. IF THE SUBSCRIBER EXERCISES SUCH OPTION, A RIDER TO THIS CONTRACT WILL BE ENTERED INTO AND SIGNED BY THE PARTIES HERETO PROVIDING FOR THE EXTENT OF CONTRACTOR'S ADDITIONAL LIABILITY IN CONSIDERATION FOR WHICH SUBSCRIBER AGREES TO PAY THE CONTRACTOR ADDITIONAL SERVICE CHARGES SPECIFIED IN THE RIDER WHICH SHALL BE CONSISTENT WITH CONTRACTOR'S ADDITIONAL COST OF OBTAINING LIABILITY INSURANCE COVERING THE FULL SCOPE OF LIABILITY REQUESTED BY SUBSCRIBER, IN WHICH EVENT THE DOLLAR AMOUNT IN CLAUSE NO. 4 ABOVE WILL BE NULL AND VOID, PROVIDED, HOWEVER, THAT SUCH ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD CONTRACTOR AS AN INSURER. 6. SCHEDULE OF PROTECTION. Select One using IP/Radio for alarm signal transmission 7. Except as otherwise provided herein, in the event Pavion Corp. and all its subsidiaries Corp alarm monitoring services is furnished under this Agreement, Contractor agrees to transmit to the municipal fire and/or police department all fire and/or burglar alarm signals or images received at its remote station from the system installed hereunder, unless ii is the best judgement of Contractor that the causes of such signals shall be first investigated by telephoning or dispatching a representative to Subscriber's premises Contractor shall also make reasonable effort to similarly notify the Subscriber or Subscriber's designated representative. 8. The electric current and/or water necessary for said signaling system shall be furnished by Subscriber at Subscriber's expense. Subscriber acknowledges that transmission of signals and/or images to the Contractor may be via internet, radio or wire (telephone wire) and that alternative or additional protection can be installed at Subscriber's request and expense. Subscriber further acknowledges that signals and/or images which are transmitted by radio, digital cellular, wireless, internet, Voice over Internet Protocol (VoIP) or over telephone lines are wholly beyond the control of Contractor and are maintained and serviced by the telephone or utility company, and, therefore, Contractor shall not be liable or responsible for telephone line(s), wireless, internet, VoIP, radio, or digital cellular failure wfhich prevents signals and/or images from reaching Contractor or the failure of anyone whom Contractor attempts to notify of an alarm condition to respond to Xxxxxxxxxx's attempted telephonic communication. In the event Contractor utilizes a digital communicator to transmit signals and/or images, Subscriber shall furnish and maintain all necessary telephone lines and jacks for said communicator and advise Contractor of any changes in the Subscriber's telephone line number(s). 8A In the event Subscriber elects to utilize Voice over Internet Protocol (VoIP) or Digital Subscriber Line (DSL) phone service (also known as Digital or Internet Phone service) for transmitting signals and/or images to Contractor's monitoring facility, Subscriber acknowledges there may be times when the Contractor will be unable to acquire or transmit alarm signals and/or images. Subscriber agrees to indemnify and hold harmless Contractor for any failures attributable to Subscribers use of VoIP and/or DSL phone lines for the transmission of alarm signals and/or images to Contractor.

Appears in 1 contract

Samples: Monitoring Contract

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Subscriber Option. If during the term of this Agreement any change of transmission equipment or method becomes necessary due to governmental, regulatory, or network provider action, Contractor shall make the necessary change at no additional charge to Subscr berSubscriber. In exchange, Subscriber agrees to pay Contractor an additional sum of $1O a fee to be determined per month. _(Subscriber's nitials ’s initials for acceptance) 3. Any tax applicable to, based upon, or measured by the receipts from or amount paid for service rendered by Contractor hereunder, and payable by Subscriber, shall be paid by Subscriber in addition to the respective amounts otherwise payable by Subscriber as herein provided. Subscriber agrees to pay, in additon addition to any other sums herein provided to be paid all taxes, false alarms fees and other fees and charges imposed by any governmental authority, such as the Fire and/or Police Department, relating to the installat ioninstall on, service and/or transmission of alarm signals and/or images of said signaling system and to pay any charges to Contractor by the public entity providing wire connections for the transmission of signals or images. 4. IT IS UNDERSTOOD THAT NEITHER THE CONTRACTOR NOR ANY THIRD PARTY DESIGNATED BY THE CONTRACTOR WHICH PROVIDES SERVICE TO THE SUBSCRIBER IS AN INSURER, . THAT INSURANCE, IF ANY, SHALL BE OBTAINED BY THE SUBSCRIBER AND THAT THE AMOUNTS PAYABLE TO THE CONTRACTOR HEREUNDER ARE BASED UPON THE VALUE OF THE SERVICES AND THE SCOPE OF LIABILITY AS HEREIN SET FORTH AND ARE UNRELATED TO THE VALUE OF THE SUBSCRIBER'S PROPERTY OR THE PROPERTY OF OTHERS LOCATED IN SUBSCRIBER'S PREMISES. CONTRACTOR MAKES NO GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SYSTEM OR SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES CONSEǪUENCES THEREFROM WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT. THE SUBSCRIBER DOES NOT DESIRE THIS CONTRACT TO PROVIDE FOR FULL LIAIBILITY OF THE CONTRACTOR OR ANY SUCH THIRD PARTY AND AGREES THAT THE CONTRACTOR AND ANY SUCH THIRD PARTY SHALL BE EXEMPT FROM LIABILITY FOR LOSS OR DAMAGE DUE DIRECTLY OR INDIRECTLY TO OCCURRENCES, OR CONSEQUENCES CONSEǪUENCES THEREFROM, WHICH THE SERVICE IS DESIGNED TO DETECT OR AVERT; THAT IF THE CONTRACTOR OR ANY SUCH THIRD PARTY SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO A FAILURE OF SERVICE IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAL EǪUAL TO TEN PERCENT OF THE ANNUAL SERVICE CHARGE ATTRIBUTABLE TO EFFECTED PREMISES OR $250, WHICHEVER IS GREATER, AND THAT THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF LOSS OR DAMAGE, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED BY THIS CONTRACT OR FROM NEGLIGENCE OF ANY DEGREE, ACTIVE OR OTHERWISE OF THE CONTRACTOR AND ANY SUCH THIRD PARTY AND THEIR AGENTS OR EMPLOYEES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST THE CONTRACTOR MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION. FURTHER, IF A CONNECTING COMPANY IS USING THE TRANSMISSION FACILITIES OF CONTRACTOR, THE CONNECTING COMPANY AGREES TO INCLUDE IN ALL OF ITS CONTRACTS WITH ITS SUBSCRIBERS WHO RECEIVE SERVICE THROUGH THE CONNECTION INVOLVED THEREIN, A CLAUSE PROTECTING CONTRACTOR FROM ANY LIABILITY, COST AND EXPENSE INCLUDING ATTORNEY'S FEES IN DEFENDING ANY CLAIM MADE AGAINST CONTRACTOR, BEYOND THAT SET FORTH IN THIS PARAGRAPH 4. S__U_B_S_C__R_I_B_E_R__H_A_S__R_E__A_D__A_N_D__A__G_R_E_E__S_T_O__T_H__E_T__E_R_M__S_A__N_D__C_O_N__D_IT__IO_N_S__O_N__A_L_L__P_A_G__E_S__O_F__T__H_IS__A_G__R_E_E__M_E_N__T.. This Agreement is not binding until approved by an Authorized Representative of Pavion Corp. and all its subsidiaries. Accepted: Pavion Corp. and all its subsidiaries BY: SUBSCRIBER NAME SALES REPRESENTATIVE PRINTED NAME OF AUTHORIZED PERSON APPROVED: - - AUTHORIZED REPRESENTATIVE Date - SIGNATURE DATE CONTRACT NO. 5. SUBSCRIBER IS HEREBY GIVEN AN ABSOLUTE AND UNEQUIVOCAL OPTION TO REQUIRE THE CONTRACTOR TO ASSUME LIABILITY BEYOND THAT INDICATED ABOVE. IF THE SUBSCRIBER EXERCISES SUCH OPTION, A RIDER TO THIS CONTRACT WILL BE ENTERED INTO AND SIGNED BY THE PARTIES HERETO PROVIDING FOR THE EXTENT OF CONTRACTOR'S ADDITIONAL LIABILITY IN CONSIDERATION FOR WHICH SUBSCRIBER AGREES TO PAY THE CONTRACTOR ADDITIONAL SERVICE CHARGES SPECIFIED IN THE RIDER WHICH SHALL BE CONSISTENT WITH CONTRACTOR'S ADDITIONAL COST OF OBTAINING LIABILITY INSURANCE COVERING THE FULL SCOPE OF LIABILITY REQUESTED BY SUBSCRIBER, IN WHICH EVENT THE DOLLAR AMOUNT IN CLAUSE NO. 4 ABOVE WILL BE NULL AND VOID, PROVIDED, HOWEVER, THAT SUCH ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD CONTRACTOR AS AN INSURER. 6. SCHEDULE OF PROTECTION. Select One using IP/Radio for alarm signal transmission 7. Except as otherwise provided herein, in the event Pavion Corp. and all its subsidiaries alarm monitoring services is furnished under this Agreement, Contractor agrees to transmit to the municipal fire and/or police department all fire and/or burglar alarm signals or images received at its remote station from the system installed hereunder, unless ii is the best judgement of Contractor that the causes of such signals shall be first investigated by telephoning or dispatching a representative to Subscriber's premises Contractor shall also make reasonable effort to similarly notify the Subscriber or Subscriber's designated representative. 8. The electric current and/or water necessary for said signaling system shall be furnished by Subscriber at Subscriber's expense. Subscriber acknowledges that transmission of signals and/or images to the Contractor may be via internet, radio or wire (telephone wire) and that alternative or additional protection can be installed at Subscriber's request and expense. Subscriber further acknowledges that signals and/or images which are transmitted by radio, digital cellular, wireless, internet, Voice over Internet Protocol (VoIP) or over telephone lines are wholly beyond the control of Contractor and are maintained and serviced by the telephone or utility company, and, therefore, Contractor shall not be liable or responsible for telephone line(s), wireless, internet, VoIP, radio, or digital cellular failure wfhich prevents signals and/or images from reaching Contractor or the failure of anyone whom Contractor attempts to notify of an alarm condition to respond to Xxxxxxxxxx's attempted telephonic communication. In the event Contractor utilizes a digital communicator to transmit signals and/or images, Subscriber shall furnish and maintain all necessary telephone lines and jacks for said communicator and advise Contractor of any changes in the Subscriber's telephone line number(s). 8A In the event Subscriber elects to utilize Voice over Internet Protocol (VoIP) or Digital Subscriber Line (DSL) phone service (also known as Digital or Internet Phone service) for transmitting signals and/or images to Contractor's monitoring facility, Subscriber acknowledges there may be times when the Contractor will be unable to acquire or transmit alarm signals and/or images. Subscriber agrees to indemnify and hold harmless Contractor for any failures attributable to Subscribers use of VoIP and/or DSL phone lines for the transmission of alarm signals and/or images to Contractor.

Appears in 1 contract

Samples: Monitoring Contract

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