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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