HomeMy Public PortalAboutPanhandle Alarm Monitoring ContractLARM
-AND-
TELEPHONE CO.,
INC.
VIDEO VEILLANCE
COMMERCI HOME ALARMS
, ,
10 Industrial Boulevard
Pensacola, Florida 32503
Phone: (850) 478-2108
FL State Lic. # EF0000698
AL State Lic. # 074
GA State Lic. # LVA205818
ACCOUNT NUMBER: 5728-08/Alarm 4335
DATE: 5/30/2014
MONITORING CONTRACT
This Agreement is made and entered into on the date above written, by and between PANHANDLE ALARM
AND TELEPHONE CO., INC., (hereinafter referred to by full name or as "Panhandle Alarm") of Pensacola, Florida,
and Crestview WAter Tower #8 whose address is
4710 Whitehurst Lane Crestview FL 32500 (hereinafter referred to as "Owner").
In consideration of the mutual covenants contained in this Agreement, Owner and PANHANDLE ALARM
AND TELEPHONE CO., INC., agree that:
PANHANDLE ALARM AND TELEPHONE CO., INC„ shall remotely monitor the Owner's alarm system from
facilities controlled by PANHANDLE ALARM, and, in the event PANHANDLE ALARM AND TELEPHONE CO., INC.
agrees, subject to the conditions and limitations contained in this Agreement, to transmit the fact of the alarm
signal to the local public police department.
Owner agrees to remit $ 128.66+taxper month for 36 months and payable to PANHANDLE ALARM
AND TELEPHONE CO., INC. at the address stated above on or before the first day of each month. The stated
monitoring fee is only for monitoring the Owner's alarm system, and this fee may be increased as otherwise
provided in this Agreement. Any performance of maintenance or other services on the Owner's alarm system
by PANHANDLE ALARM AND TELEPHONE CO., INC. shall be provided only at the Owner's request and for an
additional charge.
THE REVERSE OF THIS PAGE CONTAINS IMPORTANT TERMS, LIMITATIONS AND CONDITIONS WHICH ARE A PART
OF THIS CONTRACT. THE UNDERSIGNED OWNER AND GUARANTOR, IF ANY, EACH HEREBY CONFIRM THEY HAVE
READ AND UNDERSTAND THIS AGREEMENT INCLUDING THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED ON
THE REVERSE OF THIS PAGE AND ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS AGREEMENT. EACH OF THE
UNDERSIGNED OWNER AND GUARANTOR ALSO CONFIRM THAT THEY WILL PERFORM THE DUTIES AND OBLIGATIONS
CONTAINED IN THIS AGREEMENT.
This Agreement contains the entire Agreement between the parties, and it may not be changed, modified,
terminated or discharged except by a writing signed by all the parties.
DATE: I 0 r 1
*.„
Owner'S Representative
ADDITIONAL CONTRACT TERMS
1 TERM AND RENEWAL. After the first twelve (12) months of the initial term of this Contract, PANHANDLE ALARM AND TELEPHONE CO., INC. may
raise the alarm monitonng fee At the end of the initial term, this Agreement shall automatically renew for a period of thirty-six (36) months, unless. either party gives
notice of cancellation to the other thirty (30) days prior to the end of the initial term Owner agrees to also pay for all Telephone line charges, whether it be due
from a jack charge, direct wire, or the periodic testing of the Alarm, where a long distance phone call to the Remote Monitoring Station is required for transmission of
Alarm Signals.
2. REMOTE MONITORING STATION SERVICES. Remote Monitoring Station Services shall consist of PANHANDLE ALARM's receipt, analysis and
response to signals from the Owner's alarm system. Remote Monitoring Station Services are initiated only upon pre-poyment of monthly monitoring fee. PANHANDLE
ALARM does not provide response or investigation services with respect to an alarm signal received from Owner's system PANHANDLE ALARM may terminate
monitoring services in the event this agreement is properly terminated in the manner provided in this Agreement or immediately and without notice in the event of
Owner's failure to poy charges billed to Owner or should Owner abuse the alarm system.
PANHANDLE ALARM AND TELEPHONE CO., INC. reserves the right to employ outside monitoring or response facilities. Owner acknowledges• that
this Agreement and particularly those paragraphs relating to disclaimers of warranties. liquidated damages and indemnification, inure to the benefit of and are
applicable to any outside facilities employed by PANHANDLE ALARM AND TELEPHONE CO., INC., as well as PANHANDLE ALARM AND TELEPHONE CO.. INC., and that
they bind Owner with respect to such facilities in the same manner and with the same force and effect as they bind Owner to PANHANDLE ALARM AND TELEPHONE
CO., INC. In addition, the provisions of paragraphs 7, 8, and 9 of this Agreement shall apply also to any equipment sold or supplied to Owner by PANHANDLE ALARM.
3 MONITORING RATES Monitoring service is billed and payable monthly in advance. Monitonng service shall continue at the then applicable
rate for those services unless this Agreement terminated in the manner provided herein
4. TELEPHONE CONNECTIONS PANHANDLE ALARM AND TELEPHONE CO., INC. will assist Owner in making necessary arrangements to secure
telephone service connections for system All associated charges will be for the account of Owner and will appear on Owner's regular telephone billing
6. TESTING It is the responsibility of Owner to test the system for proper operation periodically, but not less frequently than monthly
7. WAIVER OF LIABILITY AND RECOVERY. PANHANDLE ALARM AND TELEPHONE CO., INC. is not an insurer, and insurance shall be obtained by
Owner, if any is desired. It is not the intention of the parties that PANHANDLE ALARM assume responsibility for any loss occasioned by malfeasance or misfeasance in
the performance of the services under this Contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause or any liability on the
part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby established. PANHANDLE ALARM is being paid to monitor a system
designed to reduce certain nsks of loss, and Owner agrees that the amounts being charged by PANHANDLE ALARM are not sufficient to guorontee that no loss will
occur and Owner also agrees PANHANDLE ALARM is not assuming responsibility for any losses which may occur, even if such losses may be due to the negligent
performance or failure to perform any obligation under this Agreement. Owner waives and releases any nghts to recovery or indemnity Owner may have against
PANHANDLE ALARM, and Owner, for and on Owner's behalf and on behalf of Owner's insurance company, if any, waives and releases any and all rights to
subrogation which may otherwise exist at any time against PANHANDLE. ALARM.
8. THIS AGREEMENT CONTAINS NO WARRANTIES. OWNER RECOGNIZES AND AGREES THAT PANHANDLE ALARM MAKES NO REPRESENTATION,
GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY
EXAMPLE, AND NOT BY WAY OF LIMITATION. PANHANDLE ALARM DOES NOT GUARANTEE THAT EITHER THE SYSTEM OR SERVICES SUPPLIED WILL NOT BE COMPROMISED,
OR THAT EITHER THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT OR THEY ARE INTENDED OR WILL AVERT OR PREVENT
OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICES ARE DESIGNED TO DETECT.
9. LIMITATION ON LIABILITY, REIMBURSEMENT. If there shall, notwithstanding the provisions in this Agreement limiting liability, at any time be or arise
any liability for loss or damage to either persons or property on the part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby
established, whether due to the negligence of PANHANDLE ALARM or otherwise, such liability is and shall be limited to a sum equal to the sum of $250.00, which sum
shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages and not as a penalty and this liability shall be
complete and exclusive. This limitation shall apply no matter why PANHANDLE ALARM is found liable, including, but not limited to, by reason of (1) breach of this
Agreement, (2) any equipment failure, or (3) any act on the part, of our agents, assigns, or employees, and whether or not such acts constitute active or passive
negligence. Owner acknowledges that this limitation on PANHANDLE ALARM's liability is based on the following factors: (a) our charges are calculated based on
our limited liability, as described above, and are not related to the value of your property or the property of others located on your premises; (b) the extent of the
damage which may result from the occurrences which the system is designed to monitor is uncertain, (c) the possibility of human error or failure by our employees;
(d) the response times of the police or fire department, if dispatched, are uncertain; and (e) that it is not possible to determine with any degree of certointy what
portion, if any, of a loss was directly caused by any action or inaction on our part or Owner's part. Owner agrees to indemnify and reimburse us, our agents,
employees, and assigns and hold us, our agents, employees and assigns harmless for any claims, losses, costs, damages and expenses, including attorney's fees, if
any person who is not a party to this Agreement (for example, any member of Owner's family or a guest) makes any claim or files any lawsuit against PANHANDLE
ALARM, or its agents, employees, or assigns for any reason whatsoever relating to (1) this Agreement: (2) Owner's premises; or (3) the system. Such reimbursement
will apply whether these claims or lawsuits are based on the performance or non-performance of any obligation under this Agreement, alleged intentional conduct,
active or passive negligence, or strict or product liability, either on the part of PANHANDLE ALARM, or its agents, employees or assigns.
10. DEFAULT. In the event (A) Owner shall default in payment of any fee or in making any other payment hereunder when due, (B) Owner shall
default in the performance of any other covenant contained and such default shall continue for a ten (10) day period after written notice thereof from PANHANDLE
ALARM AND TELEPHONE CO., INC. (C) Owner becomes insolvent, ceases doing business as o going concern or makes an assignment for the benefit of creditors, (D)
Owner applies for or consents to the appointment of a receiver, trustee or liquidator of Owner or of all or a substantiol port of the assets of Owner, or if a receiver,
trustee or liquidator is appointed without the application or consent of Owner, or (E) a petition is filed by or against Owner under the Bankruptcy Act or any
amendment hereto (including, without limitation, a petition for reorganization, arrangement or extension) or any other insolvency law or law providing for the relief of
debtors. then in each or any such event, if and to the extent permitted by applicable law, PANHANDLE ALARM AND TELEPHONE CO., INC., shall have the right to
exercise any one or more of the following remedies: (1) to declare due and payable the entire amount of unpaid totol fees for the balance of the term of this
Agreement, whereupon the same sholl become immediately due and payable; and (2) to pursue any other remedies provided by law. Owner shall nevertheless
remain liable for the unpaid total fee for the balance of the term of this Agreement, together with the expenses of retaking, storing, repairing and releasing the
Equipment and reasonable attorney's fees incurred by PANHANDLE ALARM AND TELEPHONE CO., INC. incidental thereto.
11. NOTICES. All notices relating hereto shall be in writing and shall be mailed by registered or certified mail to the party to which notice is being
given, at the address set forth above or at such other address as may hereafter be specified by like notice by either party to the other.
12. ASSIGNMENT. This Monitoring Contract or any fees or other sum due to or become due hereunder may be transferred or assigned by
PANHANDLE ALARM AND TELEPHONE CO., INC. without notice, and in such event, assignee shall have the rights, powers, privileges, and remedies possessed by
PANHANDLE ALARM hereunder. Neither this Agreement or Owner's rights hereunder shall be assigned or transferred in any manner by Owner, except with
PANHANDLE ALARM's prior written consent. All the conditions and terms of this Agreement shall be binding upon any permitted successors or assignees of Owners.
13. The Owner's obligations hereunder are absolute. and shall not be subject to any defense, offset or counterclaim available to Owner against
PANHANDLE ALARM AND TELEPHONE CO., INC.
14. ORDINANCES. Owner agrees that, should local authorities at any time pass or amend a false alarm or similar ordinance, PANHANDLE ALARM
AND TELEPHONE CO., INC. is not responsible for any fines or penalties which may be caused or assessed by the malfunction of equipment or the failure of services to
LARM
-AND-
'TELEPHONE CO ,
INC
VIDEO VEILLANCE
COMMERCI. HOME ALARMS
'
10 Industrial Boulevard
Pensacola, Florida 32503
Phone: (850) 478-2108
FL State Lic. # EF0000698
AL State Lic. # 074
GA State Lic. # LVA205818
ACCOUNT NUMBER: 5728-74/Alarm 2548
DATE: 5/30/2044
MONITORING CONTRACT
This Agreement is made and entered into on the date above written, by and between PANHANDLE ALARM
AND TELEPHONE CO., INC., (hereinafter referred to by full name or as "Panhandle Alarm") of Pensacola, Florida,
and Crestview Lift Station i 74 whose address is
ZOO January Ct., Crestview FL 32536 (hereinafter referred to as "Owner").
In consideration of the mutual covenants contained in this Agreement, Owner and PANHANDLE ALARM
AND TELEPHONE CO., INC., agree that:
PANHANDLE ALARM AND TELEPHONE CO., INC. shall remotely monitor the Owner's alarm system from
facilities controlled by PANHANDLE ALARM, and, in the event PANHANDLE ALARM AND TELEPHONE CO., INC.
agrees, subject to the conditions and limitations contained in this Agreement, to transmit the fact of the alarm
signal to the local public police department
Owner agrees to remit $30,004-tax per month for 36 months and payable to PANHANDLE ALARM
AND TELEPHONE CO., INC. at the address stated above on or before the first day of each month. The stated
monitoring fee is only for monitoring the Owner's alarm system, and this fee may be increased as otherwise
provided in this Agreement. Any performance of maintenance or other services on the Owner's alarm system
by PANHANDLE ALARM AND TELEPHONE CO., INC. shall be provided only at the Owner's request and for an
additional charge.
THE REVERSE OF THIS PAGE CONTAINS IMPORTANT TERMS, LIMITATIONS AND CONDITIONS WHICH ARE A PART
OF THIS CONTRACT. THE UNDERSIGNED OWNER AND GUARANTOR, IF ANY, EACH HEREBY CONFIRM THEY HAVE
READ AND UNDERSTAND THIS AGREEMENT INCLUDING THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED ON
THE REVERSE OF THIS PAGE AND ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS AGREEMENT. EACH OF THE
UNDERSIGNED OWNER AND GUARANTOR ALSO CONFIRM THAT THEY WILL PERFORM THE DUTIES AND OBLIGATIONS
CONTAINED IN THIS AGREEMENT.
This Agreement contains the entire Agreement between the parties, and it may not be changed, modified,
terminated or discharged except by a writing signed by all the parties.
DATE:
Ownet's Representativ
ADDITIONAL CONTRACT TERMS
1. TERM AND RENEWAL. After the first twelve (12) months of the initioi term of this Contract, PANHANDLE ALARM AND TELEPHONE CO., INC. may
raise the alarm monitoring fee At the end of the initial term, this Agreement shall automatically renew for a period of thirty-six (36) months, unless either party gives
notice of cancellation to the other thirty (30) days prior to the end of the initial term. Owner agrees to also pay for all telephone line charges, whether it be due
from a jack charge, direct wire, or the periodic testing of the Alarm, where a tang distance phone call to the Remote Monitoring Station is required for transmission of
Alarm Signals.
2. REMOTE MONITORING STATION SERVICES Remote Monitoring Station Services shall consist of PANHANDLE ALARM's receipt, analysis and
response to signals from the Owner's alarm system Remote monitoring Station Services are initiated only upon pre -payment of monthly monitoring fee. PANHANDLE
ALARM does not provide response or investigation services with respect to an alarm signal received from Owner's system PANHANDLE ALARM may terminate
monitoring services in the event this agreement is properly terminated in the manner provided in this Agreement or immediately and without notice in the event of
Owner's failure to pay charges billed to Owner or should Owner abuse the alarm system.
PANHANDLE ALARM AND TELEPHONE CO., INC. reserves the right to employ outside monitoring or response facilities. Owner acknowledges that
this Agreement and particularly those paragraphs relating to disclaimers of warranties, liquidated damages and indemnification, inure to the benefit of and are
applicable to any outside facilities employed by PANHANDLE ALARM AND TELEPHONE CO., INC., as well as PANHANDLE ALARM AND TELEPHONE CO., INC., and that
they bind Owner with respect to such facilities in the same manner and with the same force and effect as they bind Owner to PANHANDLE ALARM AND TELEPHONE
CO., INC. In addition, the provisions of paragraphs 7, 8, and 9 of this Agreement shall apply also to any equipment sold or supplied to Owner by PANHANDLE ALARM.
3 MONITORING RATES Monitoring service is billed and payable monthly in advance Monitoring service shall continue at the then applicable
rate for those services unless this Agreement terminated in the manner provided herein
4 TELEPHONE CONNECTIONS PANHANDLE ALARM AND TELEPHONE CO.. INC. will assist Owner in making necessary arrangements to secure
telephone service connections for system All associated charges will be for the account of Owner and will appear on Owner's regular telephone billing.
6. TESTING It is the responsibility of Owner to test the system for proper operation periodically, but not less frequently than monthly.
7. WAIVER OF LIABILITY AND RECOVERY. PANHANDLE ALARM AND TELEPHONE CO., INC. is not an insurer, and insurance shall be obtained by
Owner, if any is desired. It is not the intention of the parties that PANHANDLE ALARM assume responsibility for any loss occasioned by malfeasance or misfeasance in
the performance of the services under this Contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause or any liability on the
part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby established. PANHANDLE ALARM is being paid to monitor o system
designed to reduce certain nsks of loss, and Owner agrees that the amounts being charged by PANHANDLE ALARM are not sufficient to guarantee that no loss will
occur and Owner also agrees PANHANDLE ALARM is not assuming responsibility for any losses which may occur, even if such losses may be due to the negligent
performance or failure to perform any obligation under this Agreement. Owner waives and releases any rights to recovery or indemnity Owner may have against
PANHANDLE ALARM, and Owner, for and on Owner's behalf and on behalf of Owner's insurance company, if any, waives and releases any and all rights to
subrogation which may otherwise exist at any time against PANHANDLF. ALARM.
8. THIS AGREEMENT CONTAINS NO WARRANTIES. OWNER RECOGNIZES AND AGREES THAT PANHANDLE ALARM MAKES NO REPRESENTATION,
GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY
EXAMPLE, AND NOT BY WAY OF LIMITATION, PANHANDLE ALARM DOES NOT GUARANTEE THAT EITHER THE SYSTEM OR SERVICES SUPPLIED WILL NOT BE COMPROMISED,
OR THAT EITHER THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT OR THEY ARE INTENDED OR WILL AVERT OR PREVENT
OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICES ARE DESIGNED TO DETECT.
9, LIMITATION ON LIABILITY, REIMBURSEMENT. If there shall, notwithstanding the provisions in this Agreement limiting liability, at any time be or arise
any liability for loss or damage to either persons or property on the part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby
established, whether due to the negligence of PANHANDLE ALARM or otherwise, such liability is and shall be limited to a sum equal to the sum of $250,00. which sum
shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages and not as a penalty and this liability shall be
complete and exclusive. This limitation shall apply no matter why PANHANDLE ALARM is found liable, including, but not limited to, by reason of (1) breach of this
Agreement, (2) any equipment failure, or (3) any act on the part, of our agents, assigns, or employees, and whether or not such acts constitute active or passive
negligence Owner acknowledges that this limitation on PANHANDLE ALARM's liability is based on the following factors: (a) our charges are calculated based on
our limited liability, as described above, and are not related to the value of your property or the property of others located on your premises; (b) the extent of the
damage which may result from the occurrences which the system is designed to monitor is uncertain; (c) the possibility of human error or failure by our employees;
(d) the response times of the police or fire department, if dispatched, are uncertain; and (e) that it is not possible to determine with any degree of certainty what
portion, if any, of a loss was directly caused by any action or inaction on our part or Owner's part Owner agrees to indemnify and reimburse us, our agents,
employees, and assigns and hold us. our agents, employees and assigns harmless for any claims, losses, costs, damages and expenses, including attorney's fees, if
any person who is not a party to this Agreement (for example, any member of Owner's family or a guest) makes any claim or files any lawsuit against PANHANDLE
ALARM, or its agents. employees, or assigns for any reason whatsoever relating to (1) this Agreement; (2) Owner's premises: or (3) the system. Such reimbursement
will apply whether these claims or lawsuits are based on the performance or non-performance of any obligation under this Agreement, alleged intentional conduct,
active or passive negligence, or strict or product liability, either on the part of PANHANDLE ALARM, or its agents, employees or assigns.
10. DEFAULT. In the event (A) Owner shall default in payment of any fee or in making any other payment hereunder when due, (B) Owner shall
default in the performance of any other covenant contained and such default shall continue for a ten (10) day period after written notice thereof from PANHANDLE
ALARM AND TELEPHONE CO., INC. (C) Owner becomes insolvent, ceases doing business as a going concern or makes an assignment for the benefit of creditors, (D)
Owner applies for or consents to the appointment of a receiver, trustee or liquidator of Owner or of all or a substantial port of the assets of Owner, or if a receiver,
trustee or liquidator is appointed without the application or consent of Owner, or (E) a petition is filed by or against Owner under the Bankruptcy Act or any
amendment hereto (including, without limitation, a petition for reorganization, arrangement or extension) or any other insolvency law or law providing for the relief of
debtors, then in each or any such event, if and to the extent permitted by applicable law, PANHANDLE ALARM AND TELEPHONE CO., INC., shall have the right to
exercise ony one or more of the following remedies: ( I) to declare due and payable the entire amount of unpaid total fees for the balance of the term of this
Agreement, whereupon the same shall become immediately due and payable; and (2) to pursue any other remedies provided by law. Owner shall nevertheless
remain liable for the unpaid total fee for the balance of the term of this Agreement, together with the expenses of retaking, storing, repairing and releasing the
Equipment and reasonable attorney's fees incurred by PANHANDLE ALARM AND TELEPHONE CO., INC. incidental thereto.
11. NOTICES. All notices relating hereto shall be in writing and shall be mailed by registered or certified mail to the party to which notice is being
given, at the address set forth above or at such other address as may hereafter be specified by like notice by either party to the other.
12. ASSIGNMENT. This Monitoring Contract or any fees or other sum due to or become due hereunder may be transferred or assigned by
PANHANDLE ALARM AND TELEPHONE CO., INC. without notice, and in such event, assignee shall hove the rights, powers, privileges, and remedies possessed by
PANHANDLE ALARM hereunder. Neither this Agreement or Owner's rights hereunder shall be assigned or transferred in any manner by Owner, except with
PANHANDLE ALARM's prior written consent. All the conditions and terms of this Agreement shall be binding upon any permitted successors or assignees of Owners.
13. The Owner's obligations hereunder are absolute, and shalt not be subject to any defense, offset or counterclaim available to Owner against
PANHANDLE ALARM AND TELEPHONE CO., INC.
14. ORDINANCES. Owner ogrees that, should local authorities at any time pass or amend a false alarm or similar ordinance, PANHANDLE ALARM
AND TELEPHONE CO., INC. is not responsible for any fines or penalties which may be caused or assessed by the malfunction of equipment or the failure Of services to
ARM
-AND-
TELEPHONE CO ,
INC.
VIDEO 3VEILLANCE
COMMERCI-, & HOME ALARMS
' "e.
10 Industrial Boulevard
Pensacola, Florida 32503
Phone: (850) 478-2108
FL State Lic. # EF0000698
AL State Lic. # 074
GA State Lic. # LVA205818
ACCOUNT NUMBER: 5728-73/Alarm 4409
DATE: 5J-3414414 \ I •,
MONITORING CONTRACT
This Agreement is made and entered into on the date above written, by and between PANHANDLE ALARM
AND TELEPHONE CO., INC., (hereinafter referred to by full name or as "Panhandle Alarm") of Pensacola, Florida,
and Crestview Lift Station # 73 whose address is
190 Iron Horse Drive Crestview FL 32536 (hereinafter referred to as "Owner").
In consideration of the mutual covenants contained in this Agreement, Owner and PANHANDLE ALARM
AND TELEPHONE CO., INC., agree that:
PANHANDLE ALARM AND TELEPHONE CO., INC. shall remotely monitor the Owner's alarm system from
facilities controlled by PANHANDLE ALARM, and, in the event PANHANDLE ALARM AND TELEPHONE CO., INC.
agrees, subject to the conditions and limitations contained in this Agreement, to transmit the fact of the alarm
signal to the local public police department.
Owner agrees to remit $30.00+tax per month for 36 months and payable to PANHANDLE ALARM
AND TELEPHONE CO., INC. at the address stated above on or before the first day of each month, The stated
monitoring fee is only for monitoring the Owner's alarm system, and this fee may be increased as otherwise
provided in this Agreement. Any performance of maintenance or other services on the Owner's alarm system
by PANHANDLE ALARM AND TELEPHONE CO., INC. shall be provided only at the Owner's request and for an
additional charge.
THE REVERSE OF THIS PAGE CONTAINS IMPORTANT TERMS, LIMITATIONS AND CONDITIONS WHICH ARE A PART
OF THIS CONTRACT. THE UNDERSIGNED OWNER AND GUARANTOR, IF ANY, EACH HEREBY CONFIRM THEY HAVE
READ AND UNDERSTAND THIS AGREEMENT, INCLUDING THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED ON
THE REVERSE OF THIS PAGE AND ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS AGREEMENT. EACH OF THE
UNDERSIGNED OWNER AND GUARANTOR ALSO CONFIRM THAT THEY WILL PERFORM THE DUTIES AND OBLIGATIONS
CONTAINED IN THIS AGREEMENT.
This Agreement contains the entire Agreement between the parries, and it may not be changed, modified,
terminated or discharged except by a writing signed by all the parties.
DATE:
OWn r's RePresenta
ADDITIONAL CONTRACT TERMS
1. TERM AND RENEWAL. After the first twelve (12) months of the initial term of this Contract, PANHANDLE ALARM AND TELEPHONE CO., INC. may
raise the alarm monitoring fee At the end of the initial term, this Agreement shall automatically renew for a period of thirty-six (36) months, unless either party gives
notice of cancellation to the other thirty (30) days prior to the end of the initial term Owner agrees to also pay for all telephone line charges, whether it be due
from a jack charge, direct wire, or the periodic testing of the Alarm, where a long distance phone call to the Remote Monitoring Station is required for transmission of
Alarm Signals.
2. REMOTE MONITORING STATION SERVICES. Remote Monitoring Station Services shall consist of PANHANDLE ALARM's receipt, analysis and
response to signals from the Owner's alarm system Remote Monitoring Station Services are initiated only upon pre -payment of monthly monitonng fee. PANHANDLE
ALARM does not provide response or investigation services with respect to an alarm signal received from Owner's system PANHANDLE ALARM may terminate
monitoring services in the event this agreement is properly terminated in the manner provided in this Agreement or immediately and without notice in the event of
Owner's failure to pay charges billed to Owner or should Owner abuse the alarm system.
PANHANDLE ALARM AND TELEPHONE CO., INC. reserves the right to employ outside monitoring or response facilities Owner acknowledges, that
this Agreement and particularly those paragraphs relating to disclaimers of warranties, liquidated damages and indemnification, inure to the benefit of and are
applicable to any outside facilities employed by PANHANDLE ALARM AND TELEPHONE CO., INC., as well as PANHANDLE ALARM AND TELEPHONE CO., INC., and that
they bind Owner with respect to such facilities in the same manner and with the same force and effect as they bind Owner to PANHANDLE ALARM AND TELEPHONE
CO., INC. In addition, the provisions of paragraphs 7, 8, and 9 of this Agreement shall apply also to any equipment sold or supplied to Owner by PANHANDLE ALARM.
3. MONITORING RATES. Monitoring service is billed and payable monthly in advance. Monitonng service shall continue at the then applicable
rate for those services unless this Agreement terminated in the manner provided herein.
4 TELEPHONE CONNECTIONS PANHANDLE ALARM AND TELEPHONE CO., INC. will assist Owner in making necessary arrangements to secure
telephone service connections for system All associated charges will be for the account of Owner and will appear on Owner's regular telephone billing.
6 TESTING. It is the responsibility of Owner to test the system for proper operation periodically, but not less frequently than monthly.
7. WAIVER OF LIABILITY AND RECOVERY. PANHANDLE ALARM AND TELEPHONE CO., INC. is not an insurer, and insurance shall be obtained by
Owner, if any is desired. It is not the intention of the parties that PANHANDLE ALARM assume responsibility for any loss occasioned by malfeasance or misfeasance in
the performance of the services under this Contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause or any liability on the
part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby established. PANHANDLE ALARM is being paid to monitor a system
designed to reduce certain nsks of loss, and Owner agrees that the amounts being charged by PANHANDLE ALARM are not sufficient to guarantee that no loss will
occur and Owner also agrees PANHANDLE ALARM is not assuming responsibility for any losses which may occur, even if such losses may be due to the negligent
performance or failure to perform any obligation under this Agreement. Owner waives and releases any rights to recovery or indemnity Owner may have against
PANHANDLE ALARM, and Owner, for and on Owner's behalf and on behalf of Owner's insurance company, if any, waives and releases any and all rights 10
subrogation which may otherwise exist at any time against PANHANDLE ALARM.
8. THIS AGREEMENT CONTAINS NO WARRANTIES. OWNER RECOGNIZES AND AGREES THAT PANHANDLE ALARM MAKES NO REPRESENTATION,
GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY
EXAMPLE, AND NOT BY WAY OF LIMITATION, PANHANDLE ALARM DOES NOT GUARANTEE THAT EITHER THE SYSTEM OR SERVICES SUPPLIED WILL NOT BE COMPROMISED,
OR THAT EITHER THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT OR THEY ARE INTENDED OR WILL AVERT OR PREVENT
OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICES ARE DESIGNED TO DETECT.
9. LIMITATION ON LIABILITY, REIMBURSEMENT If there shall, notwithstanding the provisions in this Agreement limiting liability, at any time be or arise
any liability for loss or damage to either persons or property on the part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby
established, whether due to the negligence of PANHANDLE ALARM or otherwise, such liability is and shall be limited to a sum equal to the sum of $250.00, which sum
shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages and not as a penalty and this liability shall be
complete and exclusive. This limitation shall apply no matter why PANHANDLE ALARM is found liable, including, but not limited to, by reason of (1) breach of this
Agreement, (2) any equipment failure, or (3) any act on the part, of our agents, assigns, or employees, and whether or not such acts constitute active or passive
negligence. Owner acknowledges that this limitation on PANHANDLE ALARM's liability is based on the following factors. (a) our charges are calculated based on
our limited liability, as described above, and are not related to the value of your property or the property of others located on your premises; (b) the extent of the
damage which may result from the occurrences which the system is designed to monitor is uncertain; (c) the possibility of human error or failure by our employees;
(d) the response times of the police or fire department, if dispatched, are uncertain; and (e) that it is not possible to determine with any degree of certainty what
portion, if any, of a loss was directly caused by any action or inaction on our part or Owner's part. Owner agrees to indemnify and reimburse us, our agents,
employees, and assigns and hold us, our agents, employees and assigns harmless for any claims, losses, costs, damages and expenses, including attorney's fees, if
any person who is not a party to this Agreemeht (for example, any member of Owner's family or a guest) makes any claim or files any lawsuit against PANHANDLE
ALARM, or its agents, employees, or assigns for any reason whatsoever relating to (1) this Agreement; (2) Owner's premises; or (3) the system. Such reimbursement
will apply whether these claims or lawsuits are based on the performance or non-performance of any obligation under this Agreement, alleged intentional conduct,
active or passive negligence, or strict or product liability, either on the part of PANHANDLE ALARM, or its agents. employees or assigns.
10. DEFAULT. In the event (A) Owner shall default in payment of any fee or in making any other payment hereunder when due, (B) Owner shall
default in the performance of any other covenant contained and such default shall continue for a ten (10) day period after written notice thereof from PANHANDLE
ALARM AND TELEPHONE CO., INC. (C) Owner becomes insolvent, ceases doing business as a going concern or makes an assignment for the benefit of creditors, (D)
Owner applies for or consents to the appointment of a receiver, trustee or liquidator of Owner or of all or a substantial part of the assets of Owner, or if a receiver,
trustee or liquidator is appointed without the application or consent of Owner, or (E) a petition is filed by or against Owner under the Bankruptcy Act or ony
amendment hereto (including, without limitation, a petition for reorganization, arrangement or extension) or any other insolvency law or law providing for the relief of
debtors, then in each or any such event, if and to the extent permitted by applicable law, PANHANDLE ALARM AND TELEPHONE CO., INC., shall have the right to
exercise any one or more of the following remedies: (1) to declare due and payable the entire amount of unpaid total fees for the balance of the term of thls
Agreement, whereupon the same shall become immediately due and payable; and (2) to pursue any other remedies provided by law. Owner shall nevertheless
remain liable for the unpaid total fee for the balance of the term of this Agreement, together with the expenses of retaking, storing, repairing and releasing the
Equipment and reasonable attorney's fees incurred by PANHANDLE ALARM AND TELEPHONE CO., INC. incidental thereto.
11. NOTICES. All notices relating hereto shall be in writing and shall be mailed by registered or certified mail to the party to which notice is being
given, at the address set forth above or at such other address as may hereafter be specified by like notice by either party to the other.
12. ASSIGNMENT. This Monitoring Contract or any fees or other sum due to or become due hereunder may be transferred or assigned by
PANHANDLE ALARM AND TELEPHONE CO., INC. without notice, and in such event, assignee shall have the rights, powers, privileges, and remedies possessed by
PANHANDLE ALARM hereunder. Neither this Agreement or Owner's rights hereunder shall be assigned or transferred in any manner by Owner, except with
PANHANDLE ALARM's prior written consent. All the conditions and terms of this Agreement shall be binding upon any permitted successors or assignees of Owners.
13. The Owner's obligations hereunder are absolute, and shall not be subject to any defense, offset or counterclaim available to Owner against
PANHANDLE ALARM AND TELEPHONE CO., INC.
14. ORDINANCES. Owner agrees that, should local authorities at any time pass or amend a false alarm or similar ordinance, PANHANDLE ALARM
AND TELEPHONE CO., INC. is not responsible for any fines or penalties which may be caused or assessed by the malfunction of equipment or the failure of services to
LARM
-AND-
TELEPHONE CO ,
INC.
VIDEO IVEILLANCE
COMMERCI. & HOME ALARMS
10 Industrial Boulevard
Pensacola, Florida 32503
Phone: (850) 478-2108
FL State Lic. # EF0000698
AL State Lic. # 074
GA State Lic. # LVA205818
ACCOUNT NUMBER:5723-78IAlnr;a 5325
DATE: 51-29-1-4 -ti 1 I
MONITORING CONTRACT
This Agreement is made and entered into on the date above written, by and between PANHANDLE ALARM
AND TELEPHONE CO., INC., (hereinaffer referred to by full name or as "Panhandle Alarm") of Pensacola, Florida,
and Crestview Life Station - 78 whose address is
1960 Bel Aire Drive Crestview FL 32536 (hereinafter referred to as "Owner").
In consideration of the mutual covenants contained in this Agreement, Owner and PANHANDLE ALARM
AND TELEPHONE CO., INC., agree that;
PANHANDLE -ALARM AND TELEPHONE CO., INC, shall remotely monitor the Owner's alarm system from
facilities controlled by PANHANDLE ALARM, and, in the event PANHANDLE ALARM AND TELEPHONE CO., INC.
agrees, subject to the conditions and limitations contained in this Agreement, to transmit the fact of the alarm
signal to the local public police department.
Owner agrees to remit $30.00+tax per month for 36 months and payable to PANHANDLE ALARM
AND TELEPHONE CO., INC. at the address stated above on or before the first day of each month. The stated
monitoring fee is only for monitoring the Owner's alarm system, and this fee may be increased as otherwise
provided in this Agreement. Any performance of maintenance or other services on the Owner's alarm system
by PANHANDLE ALARM AND TELEPHONE CO., INC. shall be provided only at the Owner's request and for an
additional charge.
THE REVERSE OF THIS PAGE CONTAINS IMPORTANT TERMS, LIMITATIONS AND CONDITIONS WHICH ARE A PART
OF THIS CONTRACT. THE UNDERSIGNED OWNER AND GUARANTOR, IF ANY, EACH HEREBY CONFIRM THEY HAVE
READ AND UNDERSTAND THIS AGREEMENT, INCLUDING THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED ON
THE REVERSE OF THIS PAGE AND ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS AGREEMENT. EACH OF THE
UNDERSIGNED OWNER AND GUARANTOR ALSO CONFIRM THAT THEY WILL PERFORM THE DUTIES AND OBLIGATIONS
CONTAINED IN THIS AGREEMENT.
This Agreement contains the entire Agreement between the parties, and it may not be changed, modified,
terminated or discharged except by a writing signed by all the parties
DATE:
Owner's Representativ
ADDITIONAL CONTRACT TERMS
TERM AND RENEWAL After the first twelve (12) months of the initial term of this Contract, PANHANDLE ALARM AND TELEPHONE CO., INC. may
raise the alarm monitoring fee At the end of the initial term, this Agreement shall automatically renew for a period of thirty-six (36) months, unless either party gives
notice of cancellation to the other thirty (30) days prior to the end of the initial term. Owner agrees to also pay for all telephone line charges, whether it be due
from a jack charge, direct wire, or the periodic testing of the Alarm, where a long distance phone call to the Remote Monitoring Station is required for transmission of
Alarm Signals.
2 REMOTE MONITORING STATION SERVICES. Rernote Monitoring Station Services shall consist of PANHANDLE ALARM's receipt, analysis and
response to signals from the Owner's alarm system Remote Monitoring Station Services ore initiated only upon pre -payment of monthly monitoring fee. PANHANDLE
ALARM does not provide response or investigation services with respect to an alarm signal received from Owner's system PANHANDLE ALARM may terminate
monitoring services in the event this agreement is properly terminated in the manner provided in this Agreement or immediately and without notice in the event of
Owner's failure to pay charges billed to Owner or should Owner abuse the alarm system.
PANHANDLE ALARM AND TELEPHONE CO., INC. reserves the right to employ outside monitoring or response facilities. Owner acknowledges• that
this Agreement and particularly those paragraphs relating to disclaimers of warranties, liquidated damages and indemnification, inure to the benefit of and are
applicable to any outside facilities employed by PANHANDLE ALARM AND TELEPHONE CO., INC., as well as PANHANDLE ALARM AND TELEPHONE CO., INC., and that
they bind Owner with respect to such facilities in the same manner and with the same force and effect as they bind Owner to PANHANDLE ALARM AND TELEPHONE
CO., INC. In addition, the provisions of paragraphs 7, 8, and 9 of this Agreement shall apply also to any equipment sold or supplied to Owner by PANHANDLE ALARM.
3 MONITORING RATES, Monitoring service is billed and payable monthly in advance. Monitonng service shall continue at the then applicable
rate for those services unless this Agreement terminated in the manner provided herein.
4 TELEPHONE CONNECTIONS, PANHANDLE ALARM AND TELEPHONE CO., INC. will assist Owner in making necessary arrangements to secure
telephone service connections for system All associated charges will be for the account of Owner and will appear on Owner's regular telephone billing.
6. TESTING. It is the responsibility of Owner to test the system for proper operation periodically, but not less frequently than monthly.
7. WAIVER OF LIABILITY AND RECOVERY. PANHANDLE ALARM AND TELEPHONE CO., INC. is not an insurer, and insurance shall be obtained by
Owner, if any is desired. It is not the intention of the parties that PANHANDLE ALARM assume responsibility for any loss occasioned by malfeasance or misfeasance in
the performance of the services under this Contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause or any liability on the
part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby established PANHANDLE ALARM is being paid to monitor a system
designed to reduce certain nsks of loss, and Owner agrees that the amounts being charged by PANHANDLE ALARM are not sufficient to guarantee that no loss will
occur and Owner also agrees PANHANDLE ALARM is not assuming responsibility for any losses which may occur, even if such losses may be due to the negligent
performance or failure to perform any obligation under this Agreement. Owner waives and releases any rights to recovery or indemnity Owner may have against
PANHANDLE ALARM, and Owner, for and on Owner's behalf and on behalf of Owner's insurance company, if any, waives and releases any and all rights to
subrogation which may otherwise exist at any time against PANHANDLE ALARM.
8, THIS AGREEMENT CONTAINS NO WARRANTIES. OWNER RECOGNIZES AND AGREES THAT PANHANDLE ALARM MAKES NO REPRESENTATION,
GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY
EXAMPLE, AND NOT BY WAY OF LIMITATION, PANHANDLE ALARM DOES NOT GUARANTEE THAT EITHER THE SYSTEM OR SERVICES SUPPLIED WILL NOT BE COMPROMISED,
OR THAT EITHER THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT OR THEY ARE INTENDED OR WILL AVERT OR PREVENT
OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICES ARE DESIGNED TO DETECT
9. LIMITATION ON LIABILITY, REIMBURSEMENT. If there shall, notwithstanding the provisions in this Agreement limiting liability, at any time be or arise
any liability for loss or damage to either persons or property on the part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby
established, whether due to the negligence of PANHANDLE ALARM or otherwise, such liability is and shall be limited to a sum equal to the sum of $250.00, which sum
shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages and not as a penalty and this liability shall be
complete and exclusive This limitation shall apply no matter why PANHANDLE ALARM is found liable, including, but not limited to, by reason of (1) breach of this
Agreement, (2) any equipment failure, or (3) any act on the part. of our agents, assigns, or employees, and whether or not such acts constitute active or passive
negligence. Owner acknowledges that this limitation on PANHANDLE ALARM's liability is based on the following factors: (a) our charges are calculated based on
our limited liability, as described above, and are not related to the value of your property or the property of others located on your premises; (b) the extent of the
damage which may result from the occurrences which the system is designed to monitor is uncertain; (c) the possibility of human error or failure by our employees;
(d) the response times of the police or fire department, if dispatched, are uncertain; and (e) that it is not possible to determine with any degree of certainty what
portion, if any, of a loss was directly caused by any action or inaction on our port or Owner's part. Owner agrees to indemnify and reimburse us, our agents,
employees, and assigns and hold us, our agents, employees and assigns harmless for any claims, losses, costs, damages and expenses, including attorney's fees, if
any person who is not a party to this Agreement (for example, any member of Owner's family or a guest) makes any claim or files any lawsuit against PANHANDLE
ALARM, or its agents, employees, or assigns for any reason whatsoever relating to (1) this Agreement. (2) Owner's premises; or (3) the system. Such reimbursement
will apply whether these claims or lawsuits are based on the performance or non-performance of any obligation under this Agreement, alleged intentional conduct,
active or passive negligence, or strict or product liability, either on the part of PANHANDLE ALARM, or its agents, employees or assigns.
10. DEFAULT. In the event (A) Owner shall default In payment of any fee or in making any other payment hereunder when due, (B) Owner shall
default in the performance of any other covenant contained and such default shall continue for a ten (10) day period after written notice thereof from PANHANDLE
ALARM AND TELEPHONE CO., INC. (C) Owner becomes insolvent, ceases doing business as a going concern or makes an assignment for the benefit of creditors, (D)
Owner applies for or consents to the appointment of a receiver, trustee or liquidator of Owner or of all or a substantial part of the assets of Owner, or if a receiver,
trustee or liquidator is appointed without the application or consent of Owner, or (E) a petition is filed by or against Owner under the Bankruptcy Act or any
amendment hereto (including, without limitation, a petition for reorganization, arrangement or extension) or any other insolvency law or law providing for the relief of
debtors, then in each or any such event, if and to the extent permitted by applicable law. PANHANDLE ALARM AND TELEPHONE CO., INC., shall have fhe right to
exercise any one or more of the following remedies: (1) to declare due and payable the entire amount of unpaid total fees for the balance of the term of this
Agreement, whereupon the same shall become immediately due and payable; and (2) to pursue any other remedies provided by law. Owner shall nevertheless
remain liable for the unpaid total fee for the balance of the term of this Agreement, together with the expenses of retaking, storing, repairing and releasing the
Equipment and reasonable attorney's fees incurred by PANHANDLE ALARM AND TELEPHONE CO., INC. incidental thereto.
11. NOTICES. All notices relating hereto shall be in writing and shall be mailed by registered or certified mail to the party to which notice is being
given, at the address set forth above or at such other address as may hereafter be specified by like notice by either party to the other.
12. ASSIGNMENT. This Monitoring Contract or any fees or other sum due to or become due hereunder may be transferred or assigned by
PANHANDLE ALARM AND TELEPHONE CO., INC. without notice, and in such event, assignee shall have the rights, powers, privileges, and remedies possessed by
PANHANDLE ALARM hereunder. Neither this Agreement or Owner's rights hereunder shall be assigned or transferred in any manner by Owner, except with
PANHANDLE ALARM's prior written consent. All the conditions and terms of this Agreement shall be binding upon any permitted successors or assignees of Owners.
13. The Owner's obligations hereunder are absolute, and shall not be subject to any defense, offset or counterclaim available to Owner against
PANHANDLE ALARM AND TELEPHONE CO., INC.
14. ORDINANCES. Owner agrees that, should local authorities at any time pass or amend a false alarrn or similar ordinance, PANHANDLE ALARM
AND TELEPHONE CO., INC. is not responsible for any fines or penalties which may be caused or assessed by the malfunction of equipment or the failure of services to
LARM
-AND-
TELEPHONE CO ,
INC.
VIDE( WEILLANCE
COMMERC,.& HOME ALARMS
10 Industrial Boulevard
Pensacola, Florida 32503
Phone: (850) 478-2108
FL State Lic. # EF0000698
AL State Lic. # 074
GA State Lic. # LVA205818
ACCOUNT NUMBER:5728-79/Alarm 5186
DATE: 5149444" 1
r •
MONITORING CONTRACT
This Agreement is made and entered into on the date above written, by and between PANHANDLE ALARM
AND TELEPHONE CO., INC., (hereinafter referred to by full name or as "Panhandle Alarm") of Pensacola, Florida,
and Crestview water well — #10 whose address is
850 Industrial Drive Crewttview Fly 32500 (hereinafter referred to as "Owner").
In consideration of the mutual covenants contained in this Agreement, Owner and PANHANDLE ALARM
AND TELEPHONE CO., INC., agree that:
PANHANDLE ALARM AND TELEPHONE CO., INC. shall remotely monitor the Owner's alarm system from
facilities controlled by PANHANDLE ALARM, and, in the event PANHANDLE ALARM AND TELEPHONE CO., INC.
agrees, subject to the conditions and limitations contained in this Agreement, to transmit the fact of the alarm
signal to the local public police department.
Owner agrees to remit $ 1.23• 66+taxper month for 36 months and payable to PANHANDLE ALARM
AND TELEPHONE CO., INC. at the address stated above on or before the first day of each month. The stated
monitoring fee is only for monitoring the OWner's alarm system, and this fee may be increased as otherwise
provided in this Agreement. Any performance of maintenance or other services on the Owner's alarm system
by PANHANDLE ALARM AND TELEPHONE CO,, INC. shall be provided only at the Owner's request and for an
additional charge.
THE REVERSE OF THIS PAGE CONTAINS IMPORTANT TERMS, LIMITATIONS AND CONDITIONS WHICH ARE A PART
OF THIS CONTRACT. THE UNDERSIGNED OWNER AND GUARANTOR, IF ANY, EACH HEREBY CONFIRM THEY HAVE
READ AND UNDERSTAND THIS AGREEMENT, INCLUDING THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED ON
THE REVERSE OF THIS PAGE AND ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS AGREEMENT. EACH OF THE
UNDERSIGNED OWNER AND GUARANTOR ALSO CONFIRM THAT THEY WILL PERFORM THE DUTIES AND OBLIGATIONS
CONTAINED IN THIS AGREEMENT.
This Agreement contains the entire Agreement between the parties, and it may not be changed, modified,
terminated or discharged except by a writing signed by all the parties.
rA
t-,,
DATE: .� � �/��- � � y- /�
� � �' ,� � ,�.
,,,. '` Ownef Representatives.
ADDITIONAL CONTRACT TERMS
TERM AND RENEWAL. After the first twelve (12) months of the initial term of this Contract, PANHANDLE ALARM AND TELEPHONE CO., INC. may
roise the alarm monitoring fee Al the end of the initial term, this Agreement shall automatically renew for a period of thirty-six (36) months, unless either party gives
notice of cancellation to the other thirty (30) days prior to the end of the initial term. Owner agrees to also pay for all telephone line charges, whether it be due
from a jack charge, direct wire, or the periodic testing of the Alarm, where a long distance phone call to the Remote Monitoring Station is required for transmission of
Alarm Signals.
2. REMOTE MONITORING STATION SERVICES. Reinote Monitoring Station Services sholl consist of PANHANDLE ALARM's receipt, analysis and
response to signals from the Owner's alarm system. Remote monitoring Station Services are initiated only upon pre -payment of monthly monitoring fee PANHANDLE
ALARM does not provide response or investigation services with respect to an alarm signal received from Owner's system PANHANDLE ALARM may terminate
monitoring services in the event this agreement is properly terminated in the manner provided in this Agreement or immediately and without notice in the event of
Owner's failure to pay charges billed to Owner or should Owner abuse the alarm system.
PANHANDLE ALARM AND TELEPHONE CO., INC. reserves the right to employ outside monitoring or response facilities. Owner acknowledges• that
this Agreement and particularly those paragraphs relating to disclaimers of warranties, liquidated damages and indemnification, inure to the benefit of and are
applicable to any outside facilities employed by PANHANDLE ALARM AND TELEPHONE CO., INC., as well as PANHANDLE ALARM AND TELEPHONE CO., INC., and that
they bind Owner with respect to such facilities in the same manner and with the same force and effect as they bind Owner to PANHANDLE ALARM AND TELEPHONE
CO., INC. In addition, the provisions of paragraphs 7, 8, and 9 of this Agreement shall apply also to any equipment sold or supplied to Owner by PANHANDLE ALARM.
3. MONITORING RATES Monitoring service is billed and payable monthly in advance. Monitonng service shall continue at the then applicable
rate for those services unless this Agreement terminated in the manner provided herein
4. TELEPHONE CONNECTIONS. PANHANDLE ALARM AND TELEPHONE CO., INC. will assist Owner in making necessary arrangements to secure
telephone service connections for system All associated charges will be for the account of Owner and will appear on Owner's regular telephone billing.
6 TESTING It is the responsibility of Owner to test the system for proper operation periodically, but not less frequently than monthly,
7. WAIVER OF LIABILITY AND RECOVERY. PANHANDLE ALARM AND TELEPHONE CO., INC. is not an insurer, and insurance shall be obtained by
Owner, if any is desired. It is not the intention of the parties that PANHANDLE ALARM assume responsibility for any loss occasioned by malfeasance or misfeasance in
the performance of the services under this Contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause or any liability on the
part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby established PANHANDLE ALARM is being paid to monitor a system
designed to reduce certain asks of loss, and Owner agrees that the amounts being charged by PANHANDLE ALARM are not sufficient to guarantee that no loss will
occur and Owner also agrees PANHANDLE ALARM is not assuming responsibility for any losses which may occur, even if such losses may be due to the negligent
performance or failure to perform any obligation under this Agreement. Owner waives and releases any rights to recovery or indemnity Owner may have against
PANHANDLE ALARM, and Owner, for and on Owner's behalf and on behalf of Owner's insurance company, if any, waives and releases (Ow and all rights to
subrogation which may otherwise exist at any time against PANHANDLE ALARM.
8. THIS AGREEMENT CONTAINS NO WARRANTIES. OWNER RECOGNIZES AND AGREES THAT PANHANDLE ALARM MAKES NO REPRESENTATION,
GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY
EXAMPLE, AND NOT BY WAY OF LIMITATION. PANHANDLE ALARM DOES NOT GUARANTEE THAT EITHER THE SYSTEM OR SERVICES SUPPLIED WILL NOT BE COMPROMISED,
OR THAT EITHER THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT OR THEY ARE INTENDED OR WILL AVERT OR PREVENT
OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICES ARE DESIGNED TO DETECT.
9. LIMITATION ON LIABILITY, REIMBURSEMENT. If there shall, notwithstanding the provisions in this Agreement limiting liability, at any time be or arise
any liability for loss or damage to either persons or property on the part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby
estabfished, whether due to the negligence of PANHANDLE ALARM or otherwise, such liability is and shall be limited to a sum equal to the sum of $250.00, which sum
shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages and not as a penalty and this liability shall be
complete and exclusive. This limitation shall apply no matter why PANHANDLE ALARM is found liable, including, but not limited to, by reason of (1) breach of this
Agreement, (2) any equipment failure, or (3) any act on the part, of our agents, assigns, or employees. and whether or not such acts constitute active or passive
negligence. Owner acknowledges that this limitation on PANHANDLE ALARM's liability is based on the following factors. (a) our charges are calculated based on
our limited liability, as described above, and are not related to the value of your property or the property of others located on your premises; (b) the extent of the
damage which may result from the occurrences which the system is designed to monitor is uncertain; (c) the possibility of human error or failure by our employees;
(d) the response times of the police or fire department, if dispatched, are uncertain; and (e) that it is not possible to determine with any degree of certainty what
portion, if any, of a loss was directly caused by any action or inaction on our part or Owner's part. Owner agrees to indemnify and reimburse us, our agents,
employees, and assigns and hold us, our agents, employees and assigns harmless for any claims, losses, costs, damages and expenses, including attorney's fees, if
any person who is not o party to this Agreement (for example, any member of Owner's family or a guest) makes any claim or files any lawsuit against PANHANDLE
ALARM, or its agents, employees, or assigns for any reason whatsoever relating to (1) this Agreement: (2) Owner's premises: or (3) the system. Such reimbursement
will apply whether these claims or lawsuits are based on the performance or non-performance of any obligation under this Agreement, alleged intentional conduct,
active or passive negligence, or strict or product liability, either on the part of PANHANDLE ALARM, or its agents, employees or assigns.
10. DEFAULT In the event (A) Owner shall default in payment of any fee or in making any other payment hereunder when due, (B) Owner shall
default in the performance of any other covenant contained and such default shall continue for a ten (10) day period after written notice thereof from PANHANDLE
ALARM AND TELEPHONE CO., INC. (C) Owner becomes insolvent, ceases doing business as a going concern or makes an assignment for the benefit of creditors. (D)
Owner applies for or consents to the appointment of a receiver, trustee or liquidator of Owner or of all or a substantial part of the assets of Owner, or if a receiver,
trustee or liquidator is appointed without the application or consent of Owner, or (E) a petition is filed by or against Owner under the Bankruptcy Act or any
amendment hereto (including, without limitation, a petition for reorganization, arrangement or extension) or any other insolvency law or law providing for the relief of
debtors, then in each or any such event, if and to the extent permitted by applicable law, PANHANDLE ALARM AND TELEPHONE CO., INC., shall have the right to
exercise any one or more of the following remedies: ( I ) to declare due and payable the entire amount of unpaid total fees for the balance of the term of this
Agreement, whereupon the same shall become immediately due and payable; and (2) to pursue any other remedies provided by law. Owner shall nevertheless
remain liable for the unpaid total fee for the balance of the term of this Agreement, together with the expenses of retaking, storing, repairing and releasing the
Equipment and reasonable attorney's fees incurred by PANHANDLE ALARM AND TELEPHONE CO., INC. incidental thereto.
11 NOTICES. All notices relating hereto shall be in writing and shall be mailed by registered or certified mail to the party to which notice is being
given, at the address set forth above or at such other address as may hereafter be specified by like notice by either party to the other.
I 2. ASSIGNMENT. This Monitoring Contract or any fees or other sum due to or become due hereunder may be transferred or assigned by
PANHANDLE ALARM AND TELEPHONE CO., INC. without notice, and in such event, assignee shall have the rights, powers, privileges, and remedies possessed by
PANHANDLE ALARM hereunder. Neither this Agreement or Owner's rights hereunder shall be assigned or transferred in any manner by Owner, except with
PANHANDLE ALARM's prior written consent. All the conditions and terms of this Agreement shall be binding upon any permitted successors or assignees of Owners.
13. The Owner's obligations hereunder are absolute, and shall not be subject to any defense, offset or counterclaim available to Owner against
PANHANDLE ALARM AND TELEPHONE CO., INC.
14. ORDINANCES. Owner agrees that, should local authorities at any time pass or amend a false alarm or similar ordinance, PANHANDLE ALARM
AND TELEPHONE CO., INC. is not responsible for any fines or penalties which may be caused or assessed by the malfunction of equipment or the failure of services to
LARM
-AND-
TELEPHONE CO
INC
VIDE( WEILLANCE
COMMERC„,, & HOME ALARMS
10 Industrial Boulevard
Pensacola, Florida 32503
Phone: (850) 478-2108
FL State Lic. # EF0000698
AL State Lic. # 074
GA State Lic. # LVA205818
ACCOUNT NUMBER: 5728-7i%Alarm 4408
DATE: 5 j;3()FbE i+
4 r
MONITORING CONTRACT
This Agreement is made and entered into on the date above written, by and between PANHANDLE ALARM
AND TELEPHONE CO., INC., (hereinafter referred to by full name or as "Panhandle Alarm") of Pensacola, Florida,
and Crestview Lift Station # 72 whose address is
103 Split Creek Drive Crestview FL 32500 (hereinafter referred to as "Owner").
In consideration of the mutual covenants contained in this Agreement, Owner and PANHANDLE ALARM
AND TELEPHONE CO., INC., agree that:
PANHANDLE ALARM AND TELEPHONE CO., INC, shall remotely monitor the Owner's alarm system from
facilities controlled by PANHANDLE ALARM, and, in the event PANHANDLE ALARM AND TELEPHONE CO., INC.
agrees, subject to the conditions and limitations contained in this Agreement, to transmit the fact of the alarm
signal to the local public police department,
Owner agrees to remit $ 30.00+tax per month for 36 months and payable to PANHANDLE ALARM
AND TELEPHONE CO., INC. at the address stated above on or before the first day of each month. The stated
monitoring fee is only for monitoring the Owner's alarm system, and this fee may be increased as otherwise
provided in this Agreement. Any performance of maintenance or other services on the Owner's alarm system
by PANHANDLE ALARM AND TELEPHONE CO., INC. shall be provided only at the Owner's request and for an
additional charge.
THE REVERSE OF THIS PAGE CONTAINS IMPORTANT TERMS, LIMITATIONS AND CONDITIONS WHICH ARE A PART
OF THIS CONTRACT. THE UNDERSIGNED OWNER AND GUARANTOR, IF ANY, EACH HEREBY CONFIRM THEY HAVE
READ AND UNDERSTAND THIS AGREEMENT, INCLUDING THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED ON
THE REVERSE OF THIS PAGE AND ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS AGREEMENT. EACH OF THE
UNDERSIGNED OWNER AND GUARANTOR ALSO CONFIRM THAT THEY WILL PERFORM THE DUTIES AND OBLIGATIONS
CONTAINED IN THIS AGREEMENT,
This Agreement contains the entire Agreement between the parties, and it may not be changed, modified,
terminated or discharged except by a writing signed by all the parties.
DATE:
f ^ ( . %2 f` ��''' e 7
Owner, Representative
ADDITIONAL CONTRACT TERMS
1 TERM AND RENEWAL. After the first twelve (12) months of the initial term of this Contract, PANHANDLE ALARM AND TELEPHONE CO., INC. may
raise the alarm monitoring fee At the end of the initial term, this Agreement shall automatically renew for a period of thirty-six (36) months, unless either party gives
notice of cancellation to the other thirty (30) days prior to the end of the initial term. Owner agrees to also pay for all telephone line charges, whether it be due
from a jack charge, direct wire, or the periodic testing of the Alarm, where a long distance phone call to the Remote Monitoring Station is required for transmission of
Alarm Signals.
2 REMOTE MONITORING STATION SERVICES. Remote Monitoring Station Services shall consist of PANHANDLE ALARM's receipt, analysis and
response to signals from the Owner's alarm system. Remote monitoring Station Services are initiated only upon pre -payment of monthly monitoring fee. PANHANDLE
ALARM does not provide response or investigation services with respect to an alarm signal received from Owner's system PANHANDLE ALARM may terminate
monitoring services in the event this agreement is properly terminated in the manner provided in this Agreement or immediately and without notice in the event of
Owner's failure to pay charges billed to Owner or should Owner abuse the alarm system
PANHANDLE ALARM AND TELEPHONE CO., INC. reserves the right to employ outside monitoring or response facilities. Owner acknowledges• that
this Agreement and particularly those paragraphs relating to disclaimers of warranties, liquidated damages and indemnification, inure to the benefit of and are
applicable to any outside facilities employed by PANHANDLE ALARM AND TELEPHONE CO., INC., as well as PANHANDLE ALARM AND TELEPHONE CO., INC., and that
they bind Owner with respect to such facilities in the same manner and with the same force and effect as they bind Owner to PANHANDLE ALARM AND TELEPHONE
CO., INC. In addition, the provisions of paragraphs 7, 8, and 9 of this Agreement shall apply also to any equipment sold or supplied to Owner by PANHANDLE ALARM.
3. MONITORING RATES Monitoring service is billed and payable monthly in advance. Monitoring service shall continue at the then applicable
rate for those services unless this Agreement terminated in the manner provided herein.
4, TELEPHONE CONNECTIONS. PANHANDLE ALARM AND TELEPHONE CO., INC. will assist Owner in making necessary arrangements to secure
telephone service connections for system All associated charges will be for Ihe account of Owner and will appear on Owner's regular telephone billing.
6. TESTING It is the responsibility of Owner to test the system for proper operation periodically, but not less frequently than monthly.
7. WAIVER OF LIABILITY AND RECOVERY. PANHANDLE ALARM AND TELEPHONE CO., INC. is not an insurer, and insurance shall be obtained by
Owner, if any is desired. It is not the intention of the parties that PANHANDLE ALARM assume responsibility for any loss occasioned by malfeasance or misfeasance in
the performance of the services under this Contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause or any liability on the
part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby established. PANHANDLE ALARM is being paid to monitor a system
designed to reduce certain nsks of loss, and Owner agrees that the amounts being charged by PANHANDLE ALARM are not sufficient to guarantee that no loss will
occur and Owner also agrees PANHANDLE ALARM is not assuming responsibility for any losses which may occur, even if such losses may be due to the negligent
performance or failure to perform any obligation under this Agreement. Owner waives and releases any rights to recovery or indemnity Owner may hove against
PANHANDLE ALARM, and Owner, for and on Owner's behalf and on behalf of Owner's insurance company, if any, waives and releases any and all rights to
subrogation which may otherwise exist at any time against PANHANDLE. ALARM.
8. THIS AGREEMENT CONTAINS NO WARRANTIES. OWNER RECOGNIZES AND AGREES THAT PANHANDLE ALARM MAKES NO REPRESENTATION,
GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY
EXAMPLE, AND NOT BY WAY OF LIMITATION, PANHANDLE ALARM DOES NOT GUARANTEE THAT EITHER THE SYSTEM OR SERVICES SUPPLIED WILL NOT BE COMPROMISED,
OR THAT EITHER THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT OR THEY ARE INTENDED OR WILL AVERT OR PREVENT
OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICES ARE DESIGNED TO DETECT
9. UMITATION ON LIABILITY, REIMBURSEMENT If there shall, notwithstanding the provisions in this Agreement limiting liability, at any time be or arise
any liability for loss or damage to either persons or property on the part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby
established, whether due to the negligence of PANHANDLE ALARM or otherwise, such liability is and shall be limited to a sum equal lo the sum of $250.00, which sum
shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages and not as a penalty and this liability shall be
complete and exclusive. This limitation shall apply no matter why PANHANDLE ALARM is found liable, including, but not limited to, by reason of (1) breach of this
Agreement, (2) any equipment failure, or (3) any act on the part, of our ogents, assigns, or employees, and whether or not such acts constitute active or passive
negligence. Owner acknowledges that this limitation on PANHANDLE ALARM's liability is based on the following factors: (a) our charges are calculated based on
our limited liability, as described above, and are not related to the value of your property or the property of others located on your premises; (b) the extent of the
damage which may result from the occurrences which the system is designed to monitor is uncertain; (c) the possibility of human error or failure by our employees;
(d) the response times of the police or fire deportment, if dispatched, are uncertain; and (e) that it is not possible to determine with any degree of certainty what
portion, if any, of a loss was directly caused by any action or inaction on our part or Owner's part. Owner agrees to indemnify and reimburse us, our agents,
employees, and assigns and hold us, our agents, employees and assigns harmless for any cloims, losses, costs, damages and expenses, including attorney's fees, if
any person who is not a party to this Agreement (for example, any member of Owner's family or a guest, makes any claim or files any lawsuit against PANHANDLE
ALARM, or its agents, employees, or assigns for any reason whatsoever relating to (1) this Agreement; (2) Owner's premises; or (3) the system. Such reimbursement
will apply whether these claims or lawsuits are based on the performance or non-performance of any obligation under this Agreement, alleged intentional conduct,
active or passive negligence, or strict or product liability, either on the part of PANHANDLE ALARM, or its agents, employees or assigns.
10, DEFAULT. In the event (A) Owner shall default in payment of any fee or in making any other payment hereunder when due, (B) Owner shall
default in the performance of any other covenant contained and such default shall continue for a ten (10) day period after written notice thereof from PANHANDLE
ALARM AND TELEPHONE CO., INC. (C) Owner becomes insolvent, ceases doing business as a going concern or makes an assignment for the benefit of creditors, (D)
Owner applies for or consents to the appointment of a receiver, trustee or liquidator of Owner or of all or a substantial part of the assets of Owner, or if a receiver,
trustee or liquidator is appointed without the application or consent of Owner, or (E) a petition is filed by or against Owner under the Bankruptcy Act or any
amendment hereto (including, without limitation, a petition for reorganization, arrangement or extension) or any other insolvency law or law providing for the relief of
debtors, then in each or any such event, if and to the extent permitted by applicable law, PANHANDLE ALARM AND TELEPHONE CO., INC., shall have the right to
exercise any one or more of the following remedies: ( I ) to declare due and payable the entire amount of unpaid total fees for the balance of the term of this
Agreement, whereupon the same shall become immediately due and payable; and (2) to pursue any other remedies provided by law. Owner shall nevertheless
remain liable for the unpaid total fee for the balance of the term of this Agreement, together with the expenses of retaking, storing, repairing and releasing the
Equipment and reasonable attorney's fees incurred by PANHANDLE ALARM AND TELEPHONE CO., INC. incidental thereto.
I I NOTICES. All notices relating hereto shall be in writing and shall be mailed by registered or certified mail to the party to which notice is being
given, at the address set forth above or at such other address as may hereafter be specified by like notice by either party to the other.
12. ASSIGNMENT. This Monitoring Contract or any fees or other sum due to or become due hereunder may be transferred or assigned by
PANHANDLE ALARM AND TELEPHONE CO., INC. without notice, and in such event, assignee shall have the rights, powers, privileges, and remedies possessed by
PANHANDLE ALARM hereunder. Neither this Agreement or Owner's rights hereunder shall be assigned or transferred in any manner by Owner, except with
PANHANDLE ALARM's prior written consent. All the conditions and terms of this Agreement sholl be binding upon any permitted successors or assignees of Owner,.
13. The Owner's obligations hereunder are absolute, and shall not be subject to any defense, offset or counterclaim available to Owner against
PANHANDLE ALARM AND TELEPHONE CO., INC,
14. ORDINANCES. Owner agrees that, should local authorities at any time pass or amend a false alarm or similar ordinance, PANHANDLE ALARM
AND TELEPHONE CO., INC. is not responsible for any fines or penalties which may be caused or assessed by the malfunction of equipment or the failure of services to
-AND -
TELEPHONE CO ,
INC.
VIDE( WEILLANCE
COMMERCIHL & HOME ALARMS
10 Industrial Boulevard
Pensacola, Florida 32503
Phone: (850) 478-2108
FL State Lic. # EF0000698
AL State Lic. # 074
GA State Lic. # LVA205818
ACCOUNT NUMBER: 5728-079/Alarm 5644
DATE: 5/29/=0k4
MONITORING CONTRACT
This Agreement is made and entered into on the date above written, by and between PANHANDLE ALARM
AND TELEPHONE CO., INC., (hereinafter referred to by full name or as "Panhandle Alarm") of Pensacola, Florida,
and Pinnacle Apartments Lift Station 79 whose address is
1002 Patriot Lane Crestview FL 32539 (hereinafter referred to as "Owner").
In consideration of the mutual covenants contained in this Agreement, Owner and PANHANDLE ALARM
AND TELEPHONE CO., INC., agree that:
PANHANDLE ALARM AND TELEPHONE CO., INC, shall remotely monitor the Owner's alarm system from
facilities controlled by PANHANDLE ALARM, and, in the event PANHANDLE ALARM AND TELEPHONE CO., INC.
agrees, subject to the conditions and limitations contained in this Agreement, to transmit the fact of the alarm
signal to the local public police department.
Owner agrees to remit $y 30•Q04-ti"rper month for 36 months and payable to PANHANDLE ALARM
AND TELEPHONE CO., INC. at the address stated above on or before the first day of each month. The stated
monitoring fee is only for monitoring the Owner's alarm system, and this fee may be increased as otherwise
provided in this Agreement. Any performance of maintenance or other services on the Owner's alarm system
by PANHANDLE ALARM AND TELEPHONE CO., INC. shall be provided only at the Owner's request and for an
additional charge.
THE REVERSE OF THIS PAGE CONTAINS IMPORTANT TERMS, LIMITATIONS AND CONDITIONS WHICH ARE A PART
OF THIS CONTRACT. THE UNDERSIGNED OWNER AND GUARANTOR, IF ANY, EACH HEREBY CONFIRM THEY HAVE
READ AND UNDERSTAND THIS AGREEMENT, INCLUDING THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED ON
THE REVERSE OF THIS PAGE AND ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS AGREEMENT. EACH OF THE
UNDERSIGNED OWNER AND GUARANTOR ALSO CONFIRM THAT THEY WILL PERFORM THE DUTIES AND OBLIGATIONS
CONTAINED IN THIS AGREEMENT.
This Agreement contains the entire Agreement between the parties, and it may not be changed, modified,
terminated or discharged except by a writing signed by all the parties.
Owner's Representative,/
ADDITIONAL CONTRACT TERMS
1. TERM AND RENEWAL. After the first twelve (12) months of the initial term of this Contract, PANHANDLE ALARM AND TELEPHONE CO., INC. may
raise the alarm monitoring fee At the end of the initial term, this Agreement shall automatically renew for a period of thirty-six (36) months, unless either party gives
notice of cancellation to the other thirty (30) days prior to the end of the initial term Owner agrees to also pay for all telephone line charges, whether it be due
from a jack charge, direct wire, or the periodic testing of the Alarm, where a long distance phone call to the Remote Monitoring Station is required for transmission of
Alarm Signals.
2 REMOTE MONITORING STATION SERVICES. Remote Monitoring Station Services shall consist of PANHANDLE ALARM's receipt, analysis and
response to signals from the Owner's alarm system. Remote Monitoring Station Services are initiated only upon pre -payment of monthly monitoring fee. PANHANDLE
ALARM does not provide response or investigation services with respect to an alarm signal received from Owner's system PANHANDLE ALARM may terminate
monitoring services in the event this agreement is properly terminated in the manner provided in this Agreement or immediately and without notice in the event of
Owner's failure to pay charges billed to Owner or should Owner abuse the alarm system
PANHANDLE ALARM AND TELEPHONE CO., INC. reserves the right to employ outside monitoring or response facilities. Owner acknowledges• that
this Agreement and particularly those paragraphs relating to disclaimers of warranties, liquidated damages and indemnification, inure to the benefit of and are
applicable to any outside facilities employed by PANHANDLE ALARM AND TELEPHONE CO.. INC., as well as PANHANDLE ALARM AND TELEPHONE CO., INC., and that
they bind Owner with respect to such facilities in the same manner and with the same force and effect as they bind Owner to PANHANDLE ALARM AND TELEPHONE
CO., INC. In addition, the provisions of paragraphs 7, 8, and 9 of this Agreement shall apply also to any equipment sold or supplied to Owner by PANHANDLE ALARM.
3. MONITORING RATES. Monitoring service is billed and payable monthly in advance Monitoring service shall continue at the then applicable
rate for those services unless this Agreement terminated in the manner provided herein
4. TELEPHONE CONNECTIONS. PANHANDLE ALARM AND TELEPHONE CO., INC. will assist Owner in making necessary arrangements to secure
telephone service connections for system. All associated charges will be for the account of Owner and will appear on Owner's regular telephone billing.
6. TESTING It is the responsibility of Owner to test the system for proper operation periodically, but not less frequently than monthly
7. WAIVER OF LIABILITY AND RECOVERY. PANHANDLE ALARM AND TELEPHONE CO., INC. is not an insurer, and insurance shall be obtained by
Owner, if any is desired. It is not the intention of the parties that PANHANDLE ALARM assume responsibility for any loss occasioned by malfeasance or misfeasance in
the performance of the services under this Contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause or any liability on the
part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby established. PANHANDLE ALARM is being paid to monitor a system
designed to reduce certain risks of loss, and Owner agrees that the amounts being charged by PANHANDLE ALARM are not sufficient to guarantee that no loss will
occur and Owner also agrees PANHANDLE ALARM is not assuming responsibility for any losses which may occur, even if such losses may be due to the negligent
performance or failure to perform any obligation under this Agreement. Owner waives and releases any rights to recovery or indemnity Owner may have against
PANHANDLE ALARM, and Owner, for and on Owner's behalf and on behalf of Owner's insurance company, if any, waives and releases any and all rights to
subrogation which may otherwise exist at any time against PANHANDLE ALARM.
8. THIS AGREEMENT CONTAINS NO WARRANTIES. OWNER RECOGNIZES AND AGREES THAT PANHANDLE ALARM MAKES NO REPRESENTATION,
GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY
EXAMPLE, AND NOT BY WAY OF LIMITATION, PANHANDLE ALARM DOES NOT GUARANTEE THAT EITHER THE SYSTEM OR SERVICES SUPPLIED WILL NOT BE COMPROMISED,
OR THAT EITHER THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT OR THEY ARE INTENDED OR WILL AVERT OR PREVENT
OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICES ARE DESIGNED TO DETECT
9. UMITATION ON LIABILITY, REIMBURSEMENT. If there shall, notwithstanding the provisions in this Agreement limiting liability, at any time be or arise
any liability for loss or damage to either persons or properly on the part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby
established, whether due to the negligence of PANHANDLE ALARM or otherwise, such liability is and shall be limited to a sum equal to the sum of $250.00, which sum
shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages and not as a penalty and this liability shall be
complete and exclusive This limitation shall apply no matter why PANHANDLE ALARM is found liable, including, but not limited to, by reason of (1) breach of this
Agreement, (2) any equipment failure, or (3) any act on the part, of our agents, assigns, or employees, and whether or not such acts constitute active or passive
negligence. Owner acknowledges that this limitation on PANHANDLE ALARM's liability is based on the following factors: (a) our charges are calculated based on
our limited liability, as described above, and are not related to the value of your property or the property of others located on your premises; (b) the extent of the
damage which may result from the occurrences which the system is designed to monitor is uncertain; (c) the possibility of human error or failure by our employees;
(d) the response times of the police or fire department, if dispatched, are uncertain; and (e) that it is not possible to determine with any degree of certainty what
portion, if any, of a loss was directly caused by any action or inaction on our part or Owner's part. Owner agrees to indemnify and reimburse us, our agents,
employees, and assigns and hold us, our agents, employees and assigns harmless for any claims, losses, costs, damages and expenses, including attorney's fees, if
any person who is not a party to this Agreement (for example, any member of Owner's family or a guest) makes any claim or files any lawsuit against PANHANDLE
ALARM, or its agents, employees, or assigns for any reason whatsoever relating to (1) this Agreement; (2) Owner's premises; or (3) the system. Such reimbursement
will apply whether these claims or lawsuits are based on the performance or non-performance of any obligation under this Agreement, alleged intentional conduct,
active or passive negligence, or strict or product liability, either on the part of PANHANDLE ALARM, or its agents, employees or assigns.
10. DEFAULT. In the event (A) Owner shall default in payment of any fee or in making any other payment hereunder when due, (B) Owner shall
default in the performance of any other covenant contained and such default shall continue for a ten (10) day period after written notice thereof from PANHANDLE
ALARM AND TELEPHONE CO., INC. (C) Owner becomes insolvent, ceases doing business as a going concern or makes an assignment for the benefit of creditors, (D)
Owner applies for or consents to the appointment of a receiver, trustee or liquidator of Owner or of all or a substantial part of the assets of Owner, or if o receiver,
trustee or liquidator is appointed without the application or consent of Owner, or (E) a petition is filed by or against Owner under the Bonkruptcy Act or any
amendment hereto (including, without limitation, a petition for reorganization, arrangement or extension) or any other insolvency law or law providing for the relief of
debtors, then in each or any such event, if and to the extent permitted by applicable law, PANHANDLE ALARM AND TELEPHONE CO., INC., shall have the right to
exercise any one or more of the following remedies: (1) to declare due and payable the entire amount of unpaid total fees for the balance of the term of this
Agreement, whereupon the same shall become immediately due and payable; and (2) to pursue any other remedies provided by law. Owner shall nevertheless
remain liable for the unpaid total fee for the balance of the term of this Agreement, together with the expenses of retaking, storing, repairing and releasing the
Equipment and reasonable attorney's fees incurred by PANHANDLE ALARM AND TELEPHONE CO., INC. incidental thereto.
11. NOTICES. All notices relating hereto shall be in writing and shall be mailed by registered or certified mail to the party to which notice is being
given, at the address set forth above or at such other address as may hereafter be specified by like notice by either party to the other.
12. ASSIGNMENT. This Monitoring Contract or any fees or other sum due to or become due hereunder may be transferred or assigned by
PANHANDLE ALARM AND TELEPHONE CO., INC. without notice, and in such event, assignee shall have the rights, powers, privileges, and remedies possessed by
PANHANDLE ALARM hereunder. Neither this Agreement or Owner's rights hereunder shall be assigned or transferred in any manner by Owner, except with
PANHANDLE ALARM's prior written consent. All the conditions and terms of this Agreement shall be binding upon any permitted successors or assignees of Owners.
13. The Owner's obligations hereunder are absolute, and shall not be subject to any defense, offset or counterclaim available to Owner against
PANHANDLE ALARM AND TELEPHONE CO., INC.
14. ORDINANCES. Owner agrees that, should local authorities at any time pass or amend a false alarm or similar ordinance, PANHANDLE ALARM
AND TELEPHONE CO., INC. is not responsible for any fines or penalties which may be caused or assessed by the malfunction of equipment or the failure of services to
LARM
-AND-
TELEPHONE CO ,
INC
VIDE( WEILLANCE
,
COMMERCIAL & HOME ALARMS •
10 Industrial Boulevard
Pensacola, Florida 32503
Phone: (850) 478-2108
FL State Lic. # EF0000698
AL State Lic, # 074
GA State Lic. # LVA205818
v
,.;
ACCOUNT NUMBER: 5 ts 11/
DATE: 1, )
MONITORING CONTRACT
This Agreement is made and entered into on the date above written, by and between PANHANDLE ALARM
AND TELEPHONE CO., INC., (hereinaffer referred to by full name or as "Panhandle Norm") of Pensacola, Florida,
and ‘' c)_A_________whose address is
) (hereinafter referred to as "Owner").
In consideration of the mutual covenants contained in this Agreement, Owner and PANHANDLE ALARM
AND TELEPHONE CO., INC., agree that:
PANHANDLE ALARM AND TELEPHONE CO., INC. shall rernotety monitor the Owner's alarm system from
facilities controlled by PANHANDLE ALARM, and, in the event PANHANDLE ALARM AND TELEPHONE CO., INC.
agrees, subject to the conditions and limitations contained in this Agreement, to transmit the fact of the alarm
signal to the local public police department.
c,
Owner agrees to remit $ tct6 per month for months and payable to PANHANDLE ALARM
AND TELEPHONE CO., INC. of the address stated above on or before the first day of each month. The stated
monitoring fee is only for monitoring the Owner's alarm system, and this fee may be increased as otherwise
provided in this Agreement. Any performance of maintenance or other services on the Owner's alarm system
by PANHANDLE ALARM AND TELEPHONE CO., INC. shall be provided only at the Owner's request and for an
additional charge.
THE REVERSE OF THIS PAGE CONTAINS IMPORTANT TERMS, LIMITATIONS AND CONDITIONS WHICH ARE A PART
OF THIS CONTRACT. THE UNDERSIGNED OWNER AND GUARANTOR, IF ANY, EACH HEREBY CONFIRM THEY HAVE
READ AND UNDERSTAND THIS AGREEMENT INCLUDING THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED ON
THE REVERSE OF THIS PAGE AND ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS AGREEMENT. EACH OF THE
UNDERSIGNED OWNER AND GUARANTOR ALSO CONFIRM THAT THEY WILL PERFORM THE DUTIES AND OBLIGATIONS
CONTAINED IN THIS AGREEMENT.
This Agreement contains the entire Agreement between the parties, and it may not be changed, modified,
terminated or discharged except by a writing signed by all the parties,
DATE:
e
Owner' Representative
ADDITIONAL CONTRACT TERMS
1, TERM AND RENEWAL After the first twelve (12) months of the initial term of this Contract, PANHANDLE ALARM AND TELEPHONE CO., INC. may
raise the alarm monitoring fee At the end of the initial term, this Agreement shall automatically renew for a period of thirty-six (36) months, unless either party gives
notice of cancellation to the other thirty (30) days prior to the end of the initial term. Owner agrees to also pay for all telephone line charges, whether it be due
from a jack charge, direct wire, or the periodic testing of the Alarm, where a long distance phone call to the Remote Monitoring Station is required for transmission of
Alarm Signals.
2. REMOTE MONITORING STATION SERVICES. Remote Monitoring Station Services shall consist of PANHANDLE ALARM's receipt, analysis and
response to signals from the Owner's alarm system. Remote monitoring Station Services are initiated only upon pre -payment of monthly monitoring fee. PANHANDLE
ALARM does not provide response or investigation services with respect to an alarm signal received from Owner's system PANHANDLE ALARM may terminate
monitoring services in the event this agreement is properly terminated in the manner provided in this Agreement or immediately and without notice in the event of
Owner's failure to pay charges billed to Owner or should Owner abuse the alarm system.
PANHANDLE ALARM AND TELEPHONE CO., INC. reserves the right to employ outside monitoring or response facilities. Owner acknowledges• that
this Agreement and particularly those paragraphs relating to disclaimers of warranties. liquidated damages and indemnification, inure to the benefit of and are
applicable to any outside facilities employed by PANHANDLE ALARM AND TELEPHONE CO., INC., as well as PANHANDLE ALARM AND TELEPHONE CO., INC., and that
they bind Owner with respect to such facilities in the same manner and with the same force and effect as they bind Owner to PANHANDLE ALARM AND TELEPHONE
CO., INC. In addition, the provisions of paragraphs 7, 8, and 9 of this Agreement shall apply also to any equipment sold or supplied to Owner by PANHANDLE ALARM.
3. MONITORING RATES Monitoring service is billed and payable monthly in advance Monitoring service shall continue at the then applicable
rate for those services unless this Agreement terminated in the manner provided herein.
4 TELEPHONE CONNECTIONS. PANHANDLE ALARM AND TELEPHONE CO., INC. will assist Owner in making necessary arrangements to secure
telephone service connections for system All associated charges will be for the account of Owner and will appear on Owner's regular telephone billing.
6. TESTING It is the responsibility of Owner to test the system for proper operation periodically, but not less frequently than monthly.
7. WAIVER OF LIABILITY AND RECOVERY. PANHANDLE ALARM AND TELEPHONE CO., INC. is not an insurer, and insurance shall be obtained by
Owner, if any is desired. It is not the intention of the parties that PANHANDLE ALARM assume responsibility for any loss occasioned by malfeasance or misfeasance in
the performance of the services under this Contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause or any liability on the
part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby established. PANHANDLE ALARM is being paid to monitor a system
designed to reduce certain nsks of loss, and Owner agrees that the amounts being charged by PANHANDLE ALARM are not sufficient to guarantee that no loss will
occur and Owner also agrees PANHANDLE ALARM is not assuming responsibility for any losses which may occur, even if such losses may be due to the negligent
performance or failure fo perform any obligation under this Agreement. Owner waives and releases any rights to recovery or indemnity Owner may have against
PANHANDLE ALARM, and Owner, for and on Owner's behalf and on behalf of Owner's insurance company, if any, wolves and releases any and all rights to
subrogation which may otherwise exist at any time against PANHANDLE ALARM.
8. THIS AGREEMENT CONTAINS NO WARRANTIES. OWNER RECOGNIZES AND AGREES THAT PANHANDLE ALARM MAKES NO REPRESENTATION,
GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY
EXAMPLE, AND NOT BY WAY OF LIMITATION, PANHANDLE ALARM DOES NOT GUARANTEE THAT EITHER THE SYSTEM OR SERVICES SUPPLIED WILL NOT BE COMPROMISED,
OR THAT EITHER THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT OR THEY ARE INTENDED OR WILL AVERT OR PREVENT
OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICES ARE DESIGNED TO DETECT
9. LIMITATION ON LIABILITY, REIMBURSEMENT. If there shall. notwithstanding the provisions in this Agreement limiting liability, at any time be or arise
any liability for loss or damage to either persons or property on the part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby
established, whether due to the negligence of PANHANDLE ALARM or otherwise, such liability is and shall be limited to a sum equal to the sum of $250.00, which sum
shall be paid and received as liquidated damoges. Such liability as herein set forth is fixed as liquidated damages and not as a penalty and this liability shall be
complete and exclusive. This limitation shall apply no matter why PANHANDLE ALARM is found liable, including, but not limited to, by reason of (1) breach of this
Agreement, (2) any equipment failure, or (3) any act on the part, of our agents, assigns, or employees, and whether or not such acts constitute active or passive
negligence. Owner acknowledges that this limitation on PANHANDLE ALARM's liability is based on the following factors: (a) our charges are calculated based on
our limited liability, as described above, and are not related to the value of your property or the property of others located on your premises; (b) the extent of the
damage which may result from the occurrences which the system is designed to monitor is uncertain; (c) the possibility of human error or failure by our employees;
(d) the response times of the police or fire department, if dispatched, are uncertain; and (e) that it is not possible to determine with any degree of certainty what
portion, if any, of a loss was directly caused by any action or inaction on our part or Owner's part. Owner agrees to indemnify and reimburse us, our agents,
employees, and assigns and hold us. our agents, employees and assigns harmless for any claims, losses, costs, damages and expenses, including attorney's fees, if
any person who is not a party to this Agreement (for example, any member of Owner's family or o guest) makes any claim or files any lawsuit against PANHANDLE
ALARM, or its agents, employees, or assigns for any reason whatsoever relating to (1) this Agreement; (2) Owner's premises: or (3) the system. Such reimbursement
will apply whether these claims or lawsuits are based on the performance or non-performance of any obligation under this Agreement, alleged intentional conduct,
active or passive negligence. or strict or product liability, either on the port of PANHANDLE ALARM, or its agents, employees or assigns.
10, DEFAULT. In the event (A) Owner shall default in payment of any fee or in making any other payment hereunder when due, (B) Owner shall
default in the performance of any other covenant contained and such default shall continue for a ten (10) day period after written notice thereof from PANHANDLE
ALARM AND TELEPHONE CO., INC. (C) Owner becomes insolvent, ceases doing business as a going concern or makes an assignment for the benefit of creditors, (D)
Owner opplies for or consents to the appointment of a receiver, trustee or liquidator of Owner or of all or a substantial part of the assets of Owner, or if a receiver,
trustee or liquidator is appointed without the application or consent of Owner, or (E) a petition is filed by or against Owner under the Bankruptcy Act or any
amendment hereto (including, without limitation, a petition for reorganization, arrangement or extension) or any other insolvency law or law providing for the relief of
debtors, then in each or any such event, if and to the extent permitted by applicable law, PANHANDLE ALARM AND TELEPHONE CO., INC., shall have the right to
exercise any one or more of the following remedies: (I) to declare due and payable the entire amount of unpaid total fees for the balance of the term of this
Agreement, whereupon the same sholl become immediately due and payable; and (2) to pursue any other remedies provided by law. Owner shall nevertheless
remain liable for the unpaid total fee for the balance of the term of this Agreement, together with the expenses of retaking, storing, repairing and releasing the
Equipment and reasonable attorney's fees incurred by PANHANDLE ALARM AND TELEPHONE CO., INC. incidental thereto.
11. NOTICES. All notices relating hereto shall be in writing and shall be mailed by registered or certified mail to the party to which notice is being
given, at the address set forth above or at such other address as may hereafter be specified by like notice by either party to the other.
12. ASSIGNMENT. This Monitoring Contract or any fees or other sum due to or become due hereunder may be transferred or assigned by
PANHANDLE ALARM AND TELEPHONE CO.. INC. without notice, and in such event, assignee shall have the rights, powers, privileges, and remedies possessed by
PANHANDLE ALARM hereunder. Neither this Agreement or Owner's rights hereunder shall be assigned or transferred in any manner by Owner, except with
PANHANDLE ALARM's prior written consent. All the conditions and terms of this Agreement shall be binding upon any permitted successors or assignees of Owners.
13. The Owner's obligations hereunder are absolute, and shall not be subject to any defense, offset or counterclaim available to Owner against
PANHANDLE ALARM AND TELEPHONE CO., INC.
14. ORDINANCES. Owner agrees that, should local authorities at any time pass or amend a false alarm or similar ordinance, PANHANDLE ALARM
AND TELEPHONE CO., INC. is not responsible for any fines or penalties which may be caused or assessed by the malfunction of equipment or the failure of services to
LARM
-AND-
TELEPHONE CO ,
INC.
VIDE( IVEILLANCE
COMMERCIAL & HOME ALARMS
10 Industrial Boulevard
Pensacola, Florida 32503
Phone: (850) 478-2108
FL State Lic. # EF0000698
AL State Lic. # 074
GA State Lic. # LVA205818
ACCOUNT NUMBER: ;' `
DATE: !'
MONITORING CONTRACT
This Agreement is made and entered into on the date above written, by and between PANHANDLE ALARM
AND TELEPHONE CO., INC., (hereinafter referred to.}}b-y*full
name or as "Panhandle Alarm") of Pensacola, Florida,
4 L' L
and L�.,_��,'.�.��� _`s,,,.�, � '� y_hy Z a �{.�� � whose address is
74,C,11 ‘t.- -�43\ r. Lc., v\ iv `� (hereinafter referred to as "Owner").
In consideration of the mutual covenants contained in this Agreement, Owner and PANHANDLE ALARM
AND TELEPHONE CO., INC., agree that:
PANHANDLE ALARM AND TELEPHONE CO., INC. shall remotely monitor the Owner's alarm system from
facilities controlled by PANHANDLE ALARM, and, in the event PANHANDLE ALARM AND TELEPHONE CO., INC.
agrees, subject to the conditions and limitations contained in this Agreement, to transmit the fact of the alarm
signal to the local public police department.
Owner agrees to remit $ 30 OVIDer month for l & months and payable to PANHANDLE ALARM
AND TELEPHONE CO., INC. at the address stated above on or before the first day of each month. The stated
monitoring fee is only for monitoring the Owner's alarm system, and this fee may be increased as otherwise
provided in this Agreement. Any performance of maintenance or other services on the Owner's alarm system
by PANHANDLE ALARM AND TELEPHONE CO., INC. shall be provided only at the Owner's request and for an
additional charge.
THE REVERSE OF THIS PAGE CONTAINS IMPORTANT TERMS, LIMITATIONS AND CONDITIONS WHICH ARE A PART
OF THIS CONTRACT. THE UNDERSIGNED OWNER AND GUARANTOR, IF ANY, EACH HEREBY CONFIRM THEY HAVE
READ AND UNDERSTAND THIS AGREEMENT, INCLUDING THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED ON
THE REVERSE OF THIS PAGE AND ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS AGREEMENT. EACH OF THE
UNDERSIGNED OWNER AND GUARANTOR ALSO CONFIRM THAT THEY WILL PERFORM THE DUTIES AND OBLIGATIONS
CONTAINED IN THIS AGREEMENT.
This Agreement contains the entire Agreement between the parties, and it may not be changed, modified,
terminated or discharged except by a writing signed by all the parties.
DATE:
t r1./,;;),/))
Ownerr's Representativ,
ADDITIONAL CONTRACT TERMS
1 TERM AND RENEWAL. After the first twelve (12) months of the initial term of this Contract, PANHANDLE ALARM AND TELEPHONE CO., INC. may
raise the alarm monitoring fee At the end of the initial term, this Agreement shall automatically renew for a period of thirty-six (36) months, unless either party gives
notice of cancellation to the other thirty (30) days prior to the end of the initial term. Owner agrees to also pay for all telephone line charges, whether it be due
from a jack charge, direct wire, or the periodic testing of the Alarm, where a long distance phone call to the Remote Monitoring Station is required for transmission of
Alarm Signals.
2. REMOTE MONITORING STATION SERVICES. Remote Monitoring Station Services shall consist of PANHANDLE ALARM's receipt, analysis and
response to signals from the Owner's alarm system Remote Monitoring Station Services are initiated only upon pre -payment of monthly monitoring fee. PANHANDLE
ALARM does not provide response or investigation services with respect to an alarm signal received from Owner's system PANHANDLE ALARM may terminate
monitoring services in the event this agreement is properly terminated in the manner provided in this Agreement or immediately and without notice in the event of
Owner's failure to pay charges billed to Owner or should Owner abuse the alarm system
PANHANDLE ALARM AND TELEPHONE CO., INC. reserves the right to employ outside monitoring or response facilities. Owner acknowledges that
this Agreement and particularly those paragraphs relating to disclaimers of warranties, liquidated damages and indemnification, inure to the benefit of and are
applicable to any outside facilities employed by PANHANDLE ALARM AND TELEPHONE CO., INC., as well as PANHANDLE ALARM AND TELEPHONE CO., INC., and that
they bind Owner with respect to such facilities in the same manner and with the same force and effect as they bind Owner to PANHANDLE ALARM AND TELEPHONE
CO., INC. In addition, the provisions of paragraphs 7, 8, and 9 of this Agreement shall apply also to any equipment sold or supplied to Owner by PANHANDLE ALARM.
3. MONITORING RATES Monitoring service is billed and payable monthly in advance. Monitoring service shall continue at the then applicable
rate for those services unless this Agreement terminated in the manner provided herein
4. TELEPHONE CONNECTIONS. PANHANDLE ALARM AND TELEPHONE CO., INC. will assist Owner in making necessary arrangements to secure
telephone service connections for system All associated charges will be for the account of Owner and will appear on Owner's regular telephone billing.
6. TESTING It is the responsibility of Owner to test the system for proper operation periodically, but not less frequently than monthly
7. WAIVER OF LIABILITY AND RECOVERY. PANHANDLE ALARM AND TELEPHONE CO., INC. is not an insurer, and insurance shall be obtained by
Owner, if any is desired It is not the intention of the parties that PANHANDLE ALARM assume responsibility for any loss occasioned by malfeasance or misfeasance in
the performance of the services under this Contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause or any liability on the
part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby established. PANHANDLE ALARM is being paid to monitor a system
designed to reduce certain nsks of loss. and Owner agrees that the amounts being charged by PANHANDLE ALARM are not sufficient to guarantee that no loss will
occur and Owner also agrees PANHANDLE ALARM is not assuming responsibility for any losses which may occur, even if such losses may be due to the negligent
performance or failure to perform any obligation under this Agreement. Owner waives and releases any rights to recovery or indemnity Owner may have against
PANHANDLE ALARM, and Owner, for and on Owner's behalf and on behalf of Owner's insurance company, if any, waives and releases any and all rights to
subrogation which may otherwise exist at any time against PANHANDLE ALARM.
8. THIS AGREEMENT CONTAINS NO WARRANTIES. OWNER RECOGNIZES AND AGREES THAT PANHANDLE ALARM MAKES NO REPRESENTATION,
GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY
EXAMPLE, AND NOT BY WAY OF LIMITATION, PANHANDLE ALARM DOES NOT GUARANTEE THAT EITHER THE SYSTEM OR SERVICES SUPPLIED WILL NOT BE COMPROMISED,
OR THAT EITHER THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT OR THEY ARE INTENDED OR WILL AVERT OR PREVENT
OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICES ARE DESIGNED TO DETECT.
9. LIMITATION ON LIABILITY, REIMBURSEMENT. If there shall, notwithstanding the provisions in this Agreement limiting liability, at any time be or arise
any liability for loss or damage to either persons or property on the part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby
established, whether due to the negligence of PANHANDLE ALARM or otherwise, such liability is and shall be limited to a sum equal to the sum of;250.00, which sum
shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages and not as a penalty and this liability shall be
complete and exclusive. This limitation shall apply no matter why PANHANDLE ALARM is found liable, including, but not limited to, by reason of (1) breach of this
Agreement, (2) any equipment failure, or (3) any act on the part, of our agents, assigns, or employees. and whether or not such acts constitute active or passive
negligence. Owner acknowledges that this limitation on PANHANDLE ALARM's liability is based on the following factors: (a) our charges are calculated based on
our limited liability, as described above, and are not related to the value of your property or the property of others located on your premises; (b) the extent of the
damage which may result from the occurrences which the system is designed to monitor is uncertain, (c) the possibility of human error or failure by our employees;
(d) the response times of the police or fire department, if dispatched, are uncertain; and (e) that it is not possible to determine with any degree of certainty what
portion, if any, of a loss was directly caused by any action or inaction on our part or Owner's part. Owner agrees to indemnify and reimburse us, our agents,
employees, and assigns and hold us, our agents, employees and assigns harmless for any claims, losses, costs, damages and expenses, including attorney's fees, if
any person who is not a party to this Agreement (for example, any member of Owner's family or a guest) makes any claim or files any lawsuit against PANHANDLE
ALARM, or its agents, employees, or assigns for any reason whatsoever relating to (1) this Agreement; (2) Owner's premises; or (3) the system. Such reimbursement
will apply whether these claims or lawsuits are based on the performance or non-performance of any obligation under this Agreement, alleged intentional conduct,
active or passive negligence, or strict or product liability, either on the part of PANHANDLE ALARM, or its agents, employees or assigns.
10. DEFAULT. In the event (A) Owner shall default in payment of any fee or in making any other payment hereunder when due, (B) Owner shall
default in the performance of any other covenant contained and such default shall continue for a ten (10) day period after written notice thereof from PANHANDLE
ALARM AND TELEPHONE CO., INC. (C) Owner becomes insolvent, ceases doing business as a going concern or makes an assignment for the benefit of creditors, (D)
Owner applies for or consents to the appointment of a receiver, trustee or liquidator of Owner or of all or a substantial part of the assets of Owner, or if a receiver,
trustee or liquidator is appointed without the application or consent of Owner, or (E) a petition is filed by or against Owner under the Bankruptcy Act or any
amendment hereto (including, without limitation, a petition for reorganization, arrangement or extension) or any other insolvency law or law providing for the relief of
debtors, then in each or any such event, if and to the extent permitted by applicable law, PANHANDLE ALARM AND TELEPHONE CO., INC., shall have the right to
exercise any one or more of the following remedies: (1) to declare due and payable the entire amount of unpaid total fees for the balance of the term of this
Agreement, whereupon the same shall become immediately due and payable; and (2) to pursue any other remedies provided by law. Owner shall nevertheless
remain liable for the unpaid total fee for the balance of the term of this Agreement, together with the expenses of retaking, storing, repairing and releasing the
Equipment and reasonable attorney's fees incurred by PANHANDLE ALARM AND TELEPHONE CO., INC. incidental thereto.
11. NOTICES. All notices relating hereto shall be in writing and shall be mailed by registered or certified mail to the party to which notice is being
given, at the address set forth above or at such other address as may hereafter be specified by like notice by either party to the other.
12. ASSIGNMENT. This Monitoring Contract or any fees or other sum due to or become due hereunder may be transferred or assigned by
PANHANDLE ALARM AND TELEPHONE CO., INC. without notice, and in such event, assignee shall have the rights, powers, privileges, and remedies possessed by
PANHANDLE ALARM hereunder. Neither this Agreement or Owner's rights hereunder shall be assigned or transferred in any manner by Owner, except with
PANHANDLE ALARM's prior written consent. All the conditions and terms of this Agreement shall be binding upon any permitted successors or assignees of Owners.
13. The Owner's obligations hereunder are absolute, and shall not be subject to any defense, offset or counterclaim available to Owner against
PANHANDLE ALARM AND TELEPHONE CO., INC.
14. ORDINANCES. Owner agrees that, should local authorities at any time pass or amend a false alarm or similar ordinance, PANHANDLE ALARM
AND TELEPHONE CO., INC. is not responsible for any fines or penalties which may be caused or assessed by the malfunction of equipment or the failure of services to
LARM
-AND-
TELEPHONE CO ,
INC.
VIDE( WEILLANCE
COMMERCIAL & HOME ALARMS
10 Industrial Boulevard
Pensacola, Florida 32503
Phone: (850) 478-2108
FL State Lic. # EF0000698
AL State Lic. # 074
GA State Lic. # LVA205818
ACCOUNT NUMBER:5-9 9 4/ - `l
17f61-0-, ,Z5`!`3
DATE:
MONITORING CONTRACT
This Agreement is made and entered into on the date above written, by and between PANHANDLE ALARM
AND TELEPHONE CO., INC., (hereinaffer referred to by f II name or as "Panhandle Alarm") of Pensacola, Florida,
and `.y': v x CA. 4 } 5_\ kl.c .,_ vA whose address is
700 � , \ � � �- ;', p C � f � k‘; f co.) C` L.- 3 5 3 (0 (hereinafter referred to as "Owner").
In consideration of the mutual covenants contained in this Agreement, Owner and PANHANDLE ALARM
AND TELEPHONE CO., INC., agree that:
PANHANDLE ALARM AND TELEPHONE CO., INC, shall remotely monitor the Owner's alarm system from
facilities controlled by PANHANDLE ALARM, and, in the event PANHANDLE ALARM AND TELEPHONE CO., INC.
agrees, subject to the conditions and limitations contained in this Agreement, to transmit the fact of the alarm
signal to the local public police department.
Owner agrees to remit $ 0.Oat• per month for SGa months and payable to PANHANDLE ALARM
AND TELEPHONE CO., INC. at the address stated above on or before the first day of each month. The stated
monitoring fee is only for monitoring the Owner's alarm system, and this fee may be increased as otherwise
provided in this Agreement. Any performance of maintenance or other services on the Owner's alarm system
by PANHANDLE ALARM AND TELEPHONE CO., INC. shall be provided only at the Owner's request and for an
additional charge.
THE REVERSE OF THIS PAGE CONTAINS IMPORTANT TERMS, LIMITATIONS AND CONDITIONS WHICH ARE A PART
OF THIS CONTRACT. THE UNDERSIGNED OWNER AND GUARANTOR, IF ANY, EACH HEREBY CONFIRM THEY HAVE
READ AND UNDERSTAND THIS AGREEMENT, INCLUDING THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED ON
THE REVERSE OF THIS PAGE AND ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS AGREEMENT. EACH OF THE
UNDERSIGNED OWNER AND GUARANTOR ALSO CONFIRM THAT THEY WILL PERFORM THE DUTIES AND OBLIGATIONS
CONTAINED IN THIS AGREEMENT.
This Agreement contains the entire Agreement between the parties, and it may not be changed, modified,
terminated or discharged except by a writing signed by all the pat�iees•
i
DATE: '..),q/ / )--
I
4
(/rf"° Ili ( 1 2/11/
Owner's Representative �''•-
r
t
ADDITIONAL CONTRACT TERMS
1 TERM AND RENEWAL. After the first twelve (12) months of the initial term of this Contract, PANHANDLE ALARM AND TELEPHONE CO., INC. may
raise the alarm monitoring fee At the end of the initial term, this Agreement shall outomotically renew for a period of thirty-six (36) months, unless either party gives
notice of cancellation to the other thirty (30) days prior to the end of the initial term. Owner agrees to also pay for all telephone line charges, whether it be due
from a jack charge, direct wire, or the periodic testing of the Alarm, where a long distance phone call to the Remote Monitoring Station is required for transmission of
Alarm Signals.
2 REMOTE MONITORING STATION SERVICES. Remote Monitoring Station Services shall consist of PANHANDLE ALARM's receipt, analysis and
response to signals from the Owner's alarm system Remote Monitoring Station Services are initiated only upon pre -payment of monthly monitoring fee. PANHANDLE
ALARM does not provide response or investigation services with respect to an alarm signal received from Owner's system PANHANDLE ALARM may terminate
monitoring services in the event this agreement is properly terminated in the manner provided in this Agreement or immediately and without notice in the event of
Owner's failure to pay charges billed to Owner or should Owner abuse the alarm system.
PANHANDLE ALARM AND TELEPHONE CO., INC. reserves the right to employ outside monitoring or response facilities Owner acknowledges that
this Agreement and particularly those paragraphs relating to disclaimers of warranties, liquidated damages and indemnification, inure to the benefit of and are
applicable to any outside facilities employed by PANHANDLE ALARM AND TELEPHONE CO., INC., as well as PANHANDLE ALARM AND TELEPHONE CO., INC., and that
they bind Owner with respect to such facilities in the same manner and with the same force and effect as they bind Owner to PANHANDLE ALARM AND TELEPHONE
CO., INC. In addition, the provisions of paragraphs 7, 8, and 9 of this Agreement shall apply also to any equipment sold or supplied to Owner by PANHANDLE ALARM.
3. MONITORING RATES. Monitoring service is billed and payable monthly in advance. Monitonng service shall continue at the then applicable
rote for those services unless this Agreement terminated in the manner provided herein
4. TELEPHONE CONNECTIONS. PANHANDLE ALARM AND TELEPHONE CO., INC. will assist Owner in making necessary arrangements to secure
telephone service connections for system All associated charges will be for the account of Owner and will appear on Owner's regular telephone billing.
6. TESTING. It is the responsibility of Owner to test the system for proper operation periodically, but not less frequently than monthly
7. WAIVER OF LIABILITY AND RECOVERY. PANHANDLE ALARM AND TELEPHONE CO., INC. is not an insurer, and insurance shall be obtained by
Owner, if any is desired. It is not the intention of the parties that PANHANDLE ALARM assume responsibility for any loss occasioned by malfeasance or misfeasance in
the performance of the services under this Contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause or any liability on the
part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby established. PANHANDLE ALARM is being paid to monitor a system
designed to reduce certain risks of loss, and Owner agrees that the amounts being charged by PANHANDLE ALARM are not sufficient to guarantee that no loss will
occur and Owner also agrees PANHANDLE ALARM is not assuming responsibility for any losses which may occur, even if such losses may be due to the negligent
performance or failure to perform any obligation under this Agreement. Owner waives and releases any rights to recovery or,indemnity Owner may have against
PANHANDLE ALARM, and Owner, for and on Owner's behalf and on behalf of Owner's insurance compony, if any, waives and releases any and all rights fo
subrogation which may otherwise exist at any time agoinst PANHANDLE ALARM.
8. THIS AGREEMENT CONTAINS NO WARRANTIES OWNER RECOGNIZES AND AGREES THAT PANHANDLE ALARM MAKES NO REPRESENTATION,
GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY
EXAMPLE, AND NOT BY WAY OF LIMITATION. PANHANDLE ALARM DOES NOT GUARANTEE THAT EITHER THE SYSTEM OR SERVICES SUPPLIED WILL NOT BE COMPROMISED,
OR THAT EITHER THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT OR THEY ARE INTENDED OR WILL AVERT OR PREVENT
OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICES ARE DESIGNED TO DETECT.
9, LIMITATION ON LIABILITY, REIMBURSEMENT, If there shall, notwithstanding the provisions in this Agreement limiting liability, at any time be or arise
any liability for loss or damage to either persons or property on the part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby
established, whether due to the negligence of PANHANDLE ALARM or otherwise, such liability is and shall be limited to a sum equal to the sum of $250.00, which sum
shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages and not as a penalty and this liability shall be
complete and exclusive. This limitation shall apply no matter why PANHANDLE ALARM is found liable, including, but not limited to, by reason of (1) breach of this
Agreement, (2) any equipment failure, or (3) any act on the part. of our agents, assigns, or employees, and whether or not such acts constitute active or passive
negligence. Owner acknowledges that this fimitation on PANHANDLE ALARM's liability is based on the following factors: (a) our charges are calculated based on
our limited liability, as described above, and are not related to the value of your property or the property of others located on your premises; (b) the extent of the
damage which may result from the occurrences which the system is designed to monitor is uncertain. (c) the possibility of human error or foilure by our employees;
(d) the response times of the police or fire department, if dispatched, are uncertain; and (e) that it is not possible to determine with any degree of certainty what
portion, if any, of a loss was directly caused by any action or inaction on our part or Owner's part. Owner agrees to indemnify and reimburse us, our agents,
employees, and assigns and hold us, our agents. employees and assigns harmless for any claims. losses, costs, damages and expenses, including attorney's fees, if
any person who is not a party to this Agreement (for example, any member of Owner's family or a guest) makes any claim or files ony lawsuit against PANHANDLE
ALARM, or its °gents. employees, or assigns for any reason whatsoever relating to (1) this Agreement; (2) Owner's premises; or (3j the system. Such reimbursement
will apply whether these claims or lawsuits are based on the performance or non-performance of any obligation under this Agreement, alleged intentional conduct,
active or passive negligence, or strict or product liability, either on the part of PANHANDLE ALARM, or its agents, employees or assigns.
10. DEFAULT. In the event (A) Owner shall default in payment of any fee or in making any other payment hereunder when due, (B) Owner shall
default in the performance of any other covenant contained and such default shall continue for a ten (10) day period after written notice thereof from PANHANDLE
ALARM AND TELEPHONE CO., INC. (C) Owner becomes insolvent, ceases doing business as a going concern or makes an assignment for the benefit of creditors, (D)
Owner applies for or consents to the appointment of a receiver, trustee or liquidator of Owner or of all or a substantial part of the assets of Owner, or if a receiver,
trustee or liquidator is appointed without the application or consent of Owner, or (E) a petition is filed by or against Owner under the Bankruptcy Act or any
amendment hereto (including, without limitation, a petition for reorganization, arrangement or extension) or any other insolvency law or law providing for the relief of
debtors. then in each or any such event, if and to the extent permitted by applicable law, PANHANDLE ALARM AND TELEPHONE CO., INC., shall have the right to
exercise any one or more of the following remedies: (1) to declare due and payable the entire amount of unpaid total fees for the balance of the term of this
Agreement, whereupon the same shall become immediately due and payable; and (2) to pursue any other remedies provided by law. Owner shall nevertheless
remain liable for the unpaid total fee for the balance of the term of this Agreement, together with the expenses of retaking, storing, repairing and releasing the
Equipment and reasonable attorney's fees incurred by PANHANDLE ALARM AND TELEPHONE CO., INC. incidental thereto.
11. NOTICES. All notices relating hereto shall be in writing and shall be mailed by registered or certified moil to the party to which notice is being
given, at the address set forth above or at such other address as may hereafter be specified by like notice by either party to the other.
12. ASSIGNMENT. This Monitoring Contract or any fees or other sum due to or become due hereunder may be transferred or ossigned by
PANHANDLE ALARM AND TELEPHONE CO., INC. without notice, and in such event, assignee shall have the rights, powers, privileges, and remedies possessed by
PANHANDLE ALARM hereunder. Neither this Agreement or Owner's rights hereunder shall be assigned or transferred in any manner by Owner, except with
PANHANDLE ALARM's prior written consent. All the conditions and terms of this Agreement shall be binding upon any permitted successors or assignees of Owners.
13. The Owner's obligations hereunder are absolute, and shall not be subject to any defense, offset or counterclaim available to Owner against
PANHANDLE ALARM AND TELEPHONE CO., INC.
14. ORDINANCES. Owner agrees that, should local authorities at any time pass or amend a false alarm or similar ordinance, PANHANDLE ALARM
AND TELEPHONE CO., INC. is not responsible for any fines or penalties which may be caused or assessed by the malfunction of equipment or the failure of services to
LARM
-AND
TELEPHONE CO ,
I NC.
VIDE( RVEILLANCE
COMMERCIAL & HOME ALARMS
10 Industrial Boulevard
Pensacola, Florida 32503
Phone: (850) 478-2108
FL State Lic. # EF0000698
AL State Lic. # 074
GA State Lic. # LVA205818
ACCOUNT NUMBER: oa,i3 — so >
ar in
DATE:
MONITORING CONTRACT
This Agreement is made and entered into on the date above written, by and between PANHANDLE ALARM
AND TELEPHONE CO., INC., (hereinafter referred to by full name or as "Panhandle Alarm") of Pensacola, Florida,
and r �S�v►e:� t �.��<�-4 c_V\ uao whose address is
L1 y i"t. , E� T, r. (` , +• c s k v , 4 ,0 (hereinafter referred to as "Owner").
In consideration of the mutual covenants contained in this Agreement, Owner and PANHANDLE ALARM
AND TELEPHONE CO., INC., agree that:
PANHANDLE ALARM AND TELEPHONE CO., INC. shall remotely monitor the Owner's alarm system from
facilities controlled by PANHANDLE ALARM, and, in the event PANHANDLE ALARM AND TELEPHONE CO., INC.
agrees, subject to the conditions and limitations contained in this Agreement, to transmit the fact of the alarm
'signal to the local public police department.
Owner agrees to remit VAO• 00 per month for months and payable to PANHANDLE ALARM
AND TELEPHONE CO., INC. at the (address stated above on or before the first day of each month, The stated
monitoring fee is only for monitoring the Owner's alarm system, and this fee may be increased as otherwise
provided in this Agreement, Any perfOrmcance of maintenance or other services on the Owner's alarm system
by PANHANDLE ALARM AND TELEPHONE CO., INC. shall be provided only at the Owner's request and for an
additional charge.
THE REVERSE OF THIS PAGE CONTAINS IMPORTANT TERMS, LIMITATIONS AND CONDITIONS WHICH ARE A PART
OF THIS CONTRACT. THE UNDERSIGNED OWNER AND GUARANTOR, IF ANY, EACH HEREBY CONFIRM THEY HAVE
READ AND UNDERSTAND THIS AGREEMENT, INCLUDING THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED ON
THE REVERSE OF THIS PAGE AND ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS AGREEMENT. EACH OF THE
UNDERSIGNED OWNER AND GUARANTOR ALSO CONFIRM THAT THEY WILL PERFORM THE DUTIES AND OBLIGATIONS
CONTAINED IN THIS AGREEMENT.
This Agreement contains the entire Agreement between the parties, and it may not be changed, modified,
terminated or discharged except by a writing signed by all the parties.
DATE:
F
1.,
Owner's Representatives
t
ADDITIONAL CONTRACT TERMS
1. TERM AND RENEWAL. Atter the first twelve (12) months of the initial term of this Contract, PANHANDLE ALARM AND TELEPHONE CO., INC. may
raise the alarm monitoring fee At the end of the initial term, this Agreement shall automatically renew for a period of thirty-six (36) months, unless either party gives
notice of cancellation to the other thirty (30) days prior to the end of the initial term Owner agrees to also pay for all telephone line charges, whether it be due
from a jack charge, direct wire, or the periodic testing of the Alarm, where a King distance phone call to the Remote Monitoring Station is required for transmission of
Alarm Signals.
2. REMOTE MONITORING STATION SERVICES. Remote Monitoring Station Services shall consist of PANHANDLE ALARM's receipt, analysis and
response to signals from the Owner's alarm system. Remote monitonng Station Services are initiated only upon pre -payment of monthly monitoring fee. PANHANDLE
ALARM does not provide response or investigation services with respect to an alarm signal received from Owner's system PANHANDLE ALARM may terminate
monitoring services in the event this agreement is properly terminated in the manner provided in this Agreement or immediately and without notice in the event of
Owner's failure to pay charges billed to Owner or should Owner abuse the alarm system.
PANHANDLE ALARM AND TELEPHONE CO., INC. reserves the right to employ outside monitoring or response facilities. Owner acknowledges• that
this Agreement and particularly those paragraphs relating to disclaimers of warranties, liquidated damages and indemnification, inure to the benefit of and are
applicable to any outside facilities employed by PANHANDLE ALARM AND TELEPHONE CO., INC., as well as PANHANDLE ALARM AND TELEPHONE CO., INC., and that
they bind Owner with respect to such facilities in the same manner and with the same force and effect as they bind Owner to PANHANDLE ALARM AND TELEPHONE
CO., INC. In addition, the provisions of paragraphs 7, 8, and 9 of this Agreement shall apply also to any equipment sold or supplied to Owner by PANHANDLE ALARM.
3 MONITORING RATES. Monitoring service is billed and payable monthly in advance. Monitoring service sholl continue at the then applicable
rate for those services unless this Agreement terminated in the manner provided herein
4. TELEPHONE CONNECTIONS PANHANDLE ALARM AND TELEPHONE CO., INC. will assist Owner in making necessary arrangements to secure
telephone service connections for system All associated charges will be for the account of Owner and will appear on Owner's regular telephone billing
6. TESTING. It is the responsibility of Owner to test the system for proper operation periodically, but not less frequently than monthly
7. WAIVER OF LIABILITY AND RECOVERY. PANHANDLE ALARM AND TELEPHONE CO., INC. is not an insurer, and insurance shall be obtained by
Owner, if any is desired. It is not the intention of the parties that PANHANDLE ALARM assume responsibility for any loss occasioned by malfeasance or misfeasance in
the performance of the services under this Contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause or any liability on the
part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby established. PANHANDLE ALARM is being poid to monitor o system
designed to reduce certain nsks of loss, and Owner agrees that the amounts being charged by PANHANDLE ALARM are not sufficient to guarantee that no loss will
occur and Owner also agrees PANHANDLE ALARM is not assuming responsibility for any losses which may occur, even if such losses may be due to the negligent
performance or failure to perform any obligation under this Agreement. Owner waives and releases any rights to recovery or indemnity Owner may have against
PANHANDLE ALARM, and Owner, for and on Owner's behalf and on behalf of Owner's insurance company, if any, waives and releases any ❑nd all rights to
subrogation which may otherwise exist at any time against PANHANDLE ALARM.
8. THIS AGREEMENT CONTAINS NO WARRANTIES. OWNER RECOGNIZES AND AGREES THAT PANHANDLE ALARM MAKES NO REPRESENTATION,
GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY
EXAMPLE, AND NOT BY WAY OF LIMITATION. PANHANDLE ALARM DOES NOT GUARANTEE THAT EITHER THE SYSTEM OR SERVICES SUPPLIED WILL NOT BE COMPROMISED,
OR THAT EITHER THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT OR THEY ARE INTENDED OR WILL AVERT OR PREVENT
OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICES ARE DESIGNED TO DETECT.
9. LIMITATION ON LIABILITY, REIMBURSEMENT. If there shall, notwithstanding the provisions in this Agreement limiting liability, at any time be or arise
any liability for loss or damage to either persons or property on the part of PANHANDLE ALARM by virtue of this Agreement Of because of the relation hereby
established, whether due to the negligence of PANHANDLE ALARM or otherwise, such liability is and shall be limited to a sum equal to the sum of $250.00, which sum
shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages and not as a penalty and this liability shall be
complete and exclusive. This limitation shall apply no matter why PANHANDLE ALARM is found liable, including, but not limited to, by reason of (1) breach of this
Agreement, (2) any equipment failure, or (3) any act on the port, of our agents, assigns, or employees, and whether or not such acts constitute active or passive
negligence. Owner acknowledges that this limitation on PANHANDLE ALARM's liability is based on the following factors: (a) our charges are calculated based on
our limited liability, as described above, and are not related to the value of your property or the property of others located on your premises; (b) the extent of the
damage which may result from the occurrences which the system is designed to monitor is uncertain; (c) the possibility of human error or failure by our employees;
(d) the response times of the police or fire department, if dispatched, are uncertain; and (e) that it is not possible to determine with any degree of certainty what
portion, if any, of a loss was directly caused by any action or inaction on our part or Owner's part. Owner agrees to indemnify and reimburse us, our agents,
employees, and assigns and hold us, our agents, employees and assigns harmless for any claims. losses, costs, damages and expenses, including attorney's fees, if
any person who is not a party to this Agreement (for example, any member of Owner's family or a guest) makes any claim or files any lawsuit against PANHANDLE
ALARM, or its agents, employees, or assigns for any reason whatsoever relating to (1) this Agreement; (2) Owner's premises; or (3) the system. Such reimbursement
will apply whether these claims or lawsuits are based on the performance or non-performance of ony obligation under this Agreement, alleged intentional conduct,
active or passive negligence, or strict or product liability, either on the part of PANHANDLE ALARM, or its agents, employees or assigns.
10, DEFAULT. In the event (A) Owner shall default in payment of any fee or in making any other payment hereunder when due, (B) Owner shall
default in the performance of any other covenant contained and such default shall continue for a ten (10) day period after written notice thereof from ►ANHANDLE
ALARM AND TELEPHONE CO., INC. (C) Owner becomes insolvent, ceases doing business as a going concern or makes an assignment for the benefit of creditors, (D)
Owner applies for or consents to the appointment of a receiver, trustee or liquidator of Owner or of all or a substantial part of the assets of Owner, or if a receiver,
trustee or liquidator is appointed without the application or consent of Owner. or (E) a petition is filed by or against Owner under the Bankruptcy Act or any
amendment hereto (including. without limitation, a petition for reorganization, arrangement or extension) or any other insolvency law or law providing for the relief of
debtors, then in each or any such event, if and to the extent permitted by applicable law, PANHANDLE ALARM AND TELEPHONE CO., INC., shall have the right to
exercise any one or more of the following remedies: (1) to declare due and payable the entire amount of unpaid total fees for the balance of the term of this
Agreement, whereupon the same shall become immediately due and payable; and (2) to pursue ony other remedies provided by law. Owner shall nevertheless
remain liable for the unpaid total fee for the balance of the term of this Agreement, together with the expenses of retaking, storing, repairing and releasing the
Equipment and reasonable attorney's fees incurred by PANHANDLE ALARM AND TELEPHONE CO., INC. incidental thereto.
1 I. NOTICES. All notices relating hereto shall be in writing and shall be mailed by registered or certified mail to the party to which notice is being
given, at the address set forth above or at such other address as may hereafter be specified by like notice by either party to the other.
12. ASSIGNMENT. This Monitoring Contract or any fees or other sum due to or become due hereunder may be transferred or assigned by
PANHANDLE ALARM AND TELEPHONE CO., INC. without notice, and in such event, assignee shall have the rights, powers, privileges, and remedies possessed by
PANHANDLE ALARM hereunder. Neither this Agreement or Owner's rights hereunder shall be assigned or transferred in any manner by Owner, except with
PANHANDLE ALARM's prior written consent. All the conditions and terms of this Agreement shall be binding upon any permitted successors or assignees of Owners.
13. The Owner's obligations hereunder are absolute, and shall not be subject to any defense, offset or counterclaim available to Owner against
PANHANDLE ALARM AND TELEPHONE CO., INC.
14. ORDINANCES. Owner agrees that, should local authorities at any time pass or amend a false alarm or similar ordinance, PANHANDLE ALARM
AND TELEPHONE CO., INC. is not responsible for any fines or penalties which may be caused or assessed by the malfunction of equipment or the failure of services to
LARM
-AND-
TELEPHONE CO.,
INC
VIDE RVEILLANCE
COMMERCIAL & HOME ALARMS
0'72
10 Industrial Boulevard
Pensacola, Florida 32503
Phone: (850) 478-2108
FL State Lic. # EF0000698
AL State Lic. # 074
GA State Lic. # LVA205818
ACCOUNT NUMBER: - 5
ri
DATE:
MONITORING CONTRACT
This Agreement is made and entered into on the date above written, by and between PANHANDLE ALARM
AND TELEPHONE CO., INC., (hereinafter referred to by full name or as "Panhandle Alarm") of Pensacola, Florida,
and (:! .1-1A %.1',1,..o kip,/ 5 ( whose address is
) k.— k"t k c, (4.3 (::(1, r kiCA tc.y t S (hereinafter referred to as "Owner").
cam;, 3D
In consideration of the mutual covenants contained in this Agreement, Owner and PANHANDLE ALARM
AND TELEPHONE CO., INC., agree that:
PANHANDLE ALARM AND TELEPHONE CO., INC, shall remotely Monitor the Owner's alarm system from
facilities controlled by PANHANDLE ALARM, and, in the event PANHANDLE ALARM AND TELEPHONE CO., INC.
agrees, subject to the conditions and limitations contained in this Agreement, to transmit the fact of the alarm
signal to the local public police department.
Owner agrees to remit $ f 0 0 per month for 369 months and payable to PANHANDLE ALARM
AND TELEPHONE CO., INC. at the address stated above on or before the first day of each month. The stated
monitoring fee is only for monitoring the Owner's alarm system, and this fee may be increased as otherwise
provided in this Agreement. Any performance of maintenance or other services on the Owner's alarm system
by PANHANDLE ALARM AND TELEPHONE CO., INC. shall be provided only at the Owner's request and for an
additional charge.
THE REVERSE OF THIS PAGE CONTAINS IMPORTANT TERMS, LIMITATIONS AND CONDITIONS WHICH ARE A PART
OF THIS CONTRACT. THE UNDERSIGNED OWNER AND GUARANTOR, IF ANY, EACH HEREBY CONFIRM THEY HAVE
READ AND UNDERSTAND THIS AGREEMENT INCLUDING THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED ON
THE REVERSE OF THIS PAGE AND ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS AGREEMENT. EACH OF THE
UNDERSIGNED OWNER AND GUARANTOR ALSO CONFIRM THAT THEY WILL PERFORM THE DUTIES AND OBLIGATIONS
CONTAINED IN THIS AGREEMENT.
This Agreement contains the entire Agreement between the parties, and it may not be changed, modified,
terminated or discharged except by a writing signed by all the parties.
-;-2
DATE: :k.) 1 I \
\ • , I i .
Owner's Representativt
k 1 ,
ADDITIONAL CONTRACT TERMS
1 TERM AND RENEWAL, After the first twelve (12) months of the initial term of this Contract, PANHANDLE ALARM AND TELEPHONE CO., INC. may
raise the alarm monitoring fee At the end of the initial term, this Agreement shall automatically renew for a period of thirty-six (36) months, unless either party gives
notice of cancellation to the other thirty (30) days prior to the end of the initial term. Owner agrees to also pay for all telephone line charges, whether it be due
from a jack charge, direct wire, or the periodic testing of the Alarm, where a long distance phone call to the Remote Monitoring Station is required for transmission of
Alarm Signals.
2. REMOTE MONITORING STATION SERVICES Remote Monitoring Station Services shall consist of PANHANDLE ALARM's receipt, ❑nalysis and
response to signals from the Owner's alarm system Remote monitoring Station Services are initiated only upon pre -payment of monthly monitoring fee. PANHANDLE
ALARM does not provide response or investigation services with respect to an alarm signal received from Owner's system PANHANDLE ALARM may terminate
monitoring services in the event this agreement is properly terminated in the manner provided in this Agreement or immediately and without notice in the event of
Owner's failure to poy charges billed to Owner or should Owner abuse the alarm system.
PANHANDLE ALARM AND TELEPHONE CO., INC. reserves the right to employ outside monitoring or response facilities. Owner acknowledges that
this Agreement and Particularly those paragraphs relating to disclaimers of warranties, liquidated damages and indemnification, inure to the benefit of and are
applicable to any outside facilities employed by PANHANDLE ALARM AND TELEPHONE CO., INC., as well as PANHANDLE ALARM AND TELEPHONE CO., INC., and that
they bind Owner with respect to such facilities in the same manner and with the same force and effect as they bind Owner to PANHANDLE ALARM AND TELEPHONE
CO., INC. In addition, the provisions of paragraphs 7, 8, and 9 of this Agreement shall apply also to ony equipment sold or supplied to Owner by PANHANDLE ALARM.
3. MONITORING RATES. Monitoring service is billed and payable monthly in advance. Monitoring service shall continue at the then applicable
rate for those services unless this Agreement terminated in the manner provided herein.
4. TELEPHONE CONNECTIONS PANHANDLE ALARM AND TELEPHONE CO., INC. will assist Owner in making necessary arrangements to secure
telephone service connections for system All associated charges will be for the account of Owner and will appear on Owner's regular telephone billing.
6. TESTING It is the responsibility of Owner to test the system for proper operation penodically, but not less frequently than monthly
7, WAIVER OF LIABILITY AND RECOVERY. PANHANDLE ALARM AND TELEPHONE CO., INC. is not an insurer, and insurance shall be obtained by
Owner, if any is desired. It is not the intention of the parties that PANHANDLE ALARM assume responsibility for any loss occasioned by malfeasance or misfeasance in
the performance of the services under this Contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause or any liability on the
part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby established. PANHANDLE ALARM is being paid to monitor a system
designed to reduce certain risks of loss, and Owner agrees that the amounts being charged by PANHANDLE ALARM are not sufficient to guarantee that no loss will
occur and Owner also agrees PANHANDLE ALARM is not assuming responsibility for any losses which may occur, even if such losses may be due to the negligent
performance or failure to perform any obligation under this Agreement. Owner waives and releases any rights to recovery or indemnity Owner may have against
PANHANDLE ALARM, and Owner, for and on Owner's behalf and on behalf of Owner's insurance company, if any, waives and releases any and all rights to
subrogation which may otherwise exist at any time against PANHANDLE ALARM.
8, THIS AGREEMENT CONTAINS NO WARRANTIES. OWNER RECOGNIZES AND AGREES THAT PANHANDLE ALARM MAKES NO REPRESENTATION,
GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY
EXAMPLE, AND NOT BY WAY OF LIMITATION. PANHANDLE ALARM DOES NOT GUARANTEE THAT EITHER THE SYSTEM OR SERVICES SUPPLIED WILL NOT BE COMPROMISED,
OR THAT EITHER THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT OR THEY ARE INTENDED OR WILL AVERT OR PREVENT
OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICES ARE DESIGNED TO DETECT.
9. LIMITATION ON LIABILITY, REIMBURSEMENT If there shall, notwithstanding the provisions in this Agreement limiting liability, at any time be or arise
any liability for loss or damage to either persons or property on the part of PANHANDLE ALARM by virtue of this Agreement or because of the relation hereby
established, whether due to the negligence of PANHANDLE ALARM or otherwise, such liability is and shall be limited to a sum equal to the sum of $250.00, which sum
shall be paid and received as liquidated damages. Such liability as herein set forth is fixed os liquidated damages and not as a penalty and this liability shall be
complete and exclusive. This limitation shall apply no matter why PANHANDLE ALARM is found liable, including, but not limited to, by reason of (1) breach of this
Agreement, (2) any equipment failure, or (3) any act on the part, of our agents, assigns, or employees, and whether or not such acts constitute active or passive
negligence. Owner acknowledges that this limitation on PANHANDLE ALARM's liability is based on the following factors: (a) our charges are calculated based on
our limited liability, as described above, and are not related to the value of your property or the property of others located on your premises; (b) the extent of the
damage which may result from the occurrences which the system is designed to monitor is uncertain; (c) the possibility of human error or failure by our employees;
(d) the response times of the police or fire department, if dispatched, are uncertain; and (e) that it is not possible to determine with any degree of certainty what
portion, if any, of a loss was directly caused by any action or inaction on our part or Owner's part. Owner agrees to indemnify and reimburse us, our agents,
employees, and assigns and hold us, our agents, employees and assigns harmless for any claims, losses, costs, damages and expenses, including attorney's fees, if
any person who is not a party to this Agreement (for example, any member of Owner's family or a guest) makes any claim or files any lawsuit against PANHANDLE
ALARM, or its agents, employees. or assigns for any reason whatsoever relating to (1) this Agreement; (21 Owner's premises; or (3) the system. Such reimbursement
apply whether these claims or lawsuits ore based on the performance or non-performance of any obligation under this Agreement, alleged intentional conduct,
active or passive negligence, or strict or product liability, either on the part of PANHANDLE ALARM, or its agents, employees or assigns.
10. DEFAULT. In the event (A) Owner shall default in payment of any fee or in making any other payment hereunder when due, (B) Owner shall
default in the performance of any other covenant contained and such default shall continue for a ten (10) day period after written notice thereof from PANHANDLE
ALARM AND TELEPHONE CO., INC. (C) Owner becomes insolvent, ceases doing business as a going concern or makes an assignment for the benefit of creditors, (D)
Owner applies for or consents to the appointment of a receiver, trustee or liquidator of Owner or of all or a substantial part of the assets of Owner, or if a receiver,
trustee or liquidator is appointed without the application or consent of Owner, or (E) a petition is filed by or against Owner under the Bankruptcy Act or any
amendment hereto (including, without limitation, a petition for reorganization, arrangement or extension) or any other insolvency law or law providing for the relief of
debtors, then in each or any such event, if and to the extent permitted by applicable law. PANHANDLE ALARM AND TELEPHONE CO., INC., shall have the right to
exercise any one or more of the following remedies: (1) to declare due and payable the entire amount of unpaid total fees for the balance of the term of this
Agreement, whereupon the same shall become immediately due and payable; and (2) to pursue any other remedies provided by law. Owner shall nevertheless
remain liable for the unpaid total fee for the balance of the term of this Agreement, together with the expenses of retaking, storing, repairing and releasing the
Equipment and reasonable attorney's fees incurred by PANHANDLE ALARM AND TELEPHONE CO.. INC. incidental thereto.
11. NOTICES. All notices relating hereto shall be in writing and shall be mailed by registered or certified mail to the party to which notice is being
given, at the address set forth above or at such other address as may hereafter be specified by like notice by either party to the other.
12. ASSIGNMENT. This Monitoring Contract or any fees or other sum due to or become due hereunder may be transferred or assigned by
PANHANDLE ALARM AND TELEPHONE CO., INC. without notice, and in such event, assignee shall have the rights, powers, privileges, and remedies possessed by
PANHANDLE ALARM hereunder. Neither this Agreement or Owner's rights hereunder shall be assigned Of transferred in any manner by Owner, except with
PANHANDLE ALARM's prior written consent. All the conditions and terms of this Agreement shall be binding upon any permitted successors or assignees of Owners.
13. The Owner's obligations hereunder are absolute, and shall not be subject to any defense, offset or counterclaim available to Owner against
PANHANDLE ALARM AND TELEPHONE CO., INC.
14. ORDINANCES. Owner agrees that, should local authorities at any time pass or amend a false alarm or similar ordinance, PANHANDLE ALARM
AND TELEPHONE CO., INC. is not responsible for any fines or penalties which may be caused or assessed by the malfunction of equipment or the failure of services to
FL LIC. EF0000698
AL LIC. 074
ARM
AND -
TELEPHONE CO.
INC.
ch 26, 2015
City of Crestview
P 0 Box 1209
Crestview FL 32536-1209
ATTENTION: Joseph Carr
Re: Monitoring Contracts
Dear Mr. Carr:
10 INDUSTRIAL BOULEVARD • PENSACOLA, FL 32503
(850) 478-2108 • FAX: 478-2250
In order for us to continue monitoring your security alarm system, the enclosed
Monitoring Contracts need to be signed and returned. Florida Law requires that we have
Liability Insurance and our Liability Insurance Carrier will not allow us to monitor any
system without a signed contract.
A return envelope is enclosed for your convenience. The pink copy is for your files.
Please return the signed contract within ten (10) days so monitoring services will not be
terminated.
If you have any questions, please call or email me.
Sincerely,
wc.La
Vicki B. Johns
/vbj
vjohnson@panhandlesystems.com
Enclosures