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HomeMy WebLinkAboutContracts & Agreements_88-2002PACIFIC ALARM SERVICE, INC. 521 Wellwood Avenue • Beaumont, Calif. 92223 GENERAL AGREEMENT Beaumont Office — (909) 845-1666 Hemet — (909) 658-7811 Redlands — (909) 793-1001 Consumer Affairs Lic. #ACO-99 CSLB Lic. #606372 This agreement between PACIFIC ALARM SERVICE, flef8iilditer euiinu "ALARM COMPANY" and City of Redlands -Hinkley Water Treatment hereinafter called "Subscriber•, Wf1NE L;TEh: In booklet -anon coT Al the Cotlenants herein to be performed by Me Subscriber, the Alarm Company hereby agrees to install and maintain i,rre af_arrn system on the premises of trie Subscriber at lead Craft+on at., Redlands to a period or 1_ y ar6 oorrmtencing ,Julg O7 280a SCHEDULE: Fire Alarm System with Contra* Station mlonttortntj. Central station monaoring cur lire Warm contr }i panel with alarm and trouble signaling, dual phone line supertrlston and 24-tlour test signaling. Monitoring of fire spirfklei''NOW rahre. Sttperrtstott of onfoft gate arrive, Olgttat oommurtleation to Central Station. Inspection and testing of system Mt 1. TERM, PAYMENT, RENEWAL: Subscriber agrees to pay to the Alarm Company installation charge of $ Upon the execution of this agreement. .Ltr •" - He further agrees to pay to the Alarm Company $ per month service charge, payable as follows' $ 4Gr.5O 49,60 first month's charge, payable upon execution of this agreement and $ on the first day of each and every month. It is agreed that the sums to be paid by Subscriber are in consideration of the execution of this agreement and/or the renewal thereof and the installation of said system, and upon default by Subscriber of any of the terms or conditions herein contained, the Alarm Company may, at its option, declare any principal balance hereunder to become immediately due and payable. All charges set forth in this Agreement are based on existing federal, state, local taxes, license fees and utility charges. In the event of any increase or additional taxes, fees, utility or government charges related to the installation of the service, herein described, the Subscriber agrees to pay the additional costs which may be imposed. Unless thirty days before the expiration of the term thereof, written notice is given by the Subscriber to the Alarm Company of the termination of this agreement, the same shall be automatically renewed on a year to year basis, subject to all the terms and conditions herein contained. 2. TITLE TO EQUIPMENT, REMOVAL OF SYSTEM. Subscriber acknowledges and agrees that this agreement is for the providing service only and that except as hereinafter provided, the major components installed herein, including but not limited to transmitters, detection devices, bell boxes and controls shall at all times remain the sole property of Company. Upon the expiration of this agreement or upon any default as herein set forth, Company is authorized to enter upon the premises of Subscriber and to remove all of the Company owned equipment. Removal of Company owned equipment shall be without prejudice to the collection of any and all sums due under the entire contract or extensions or renewals thereof. Subscriber shall, in such event, return the said Company equipment to Company in good condition, reasonable wear and tear expected. Upon completion of the installation, title to all of the nonrecoverable equipment, material, supplied, including but not limited to, wire, cable, conduit, screens and the labor for the installation of the system shall vest in the Subscriber. Notwithstanding the foregoing, during the term of this agreement, Subscriber will not damage, encumber, tamper with or dispose of any portion of this system or permit the system to be damaged, encumbered, taken from the premises, tampered with, or repaired by anyone who is not an authorized agent of Company. Subscriber agrees that the installation of the Company owned equipment does not create a fixture to Subscriber's premises as to that equipment. 3. DEFAULT BY SUBSCRIBER: ATTORNEY'S FEES: If Subscriber fails to pay any amount provided herein within ten (10) days after the same is due and payable, or if Subscriber fails to perform any other provisions within ten (10) days after Company shall have requested it in writing performance thereof, or if Subscriber makes any assignment for the benefit of creditors, Company shall have the right, but shall not be obligated, to exercise any one or more of the following remedies: (a) Recover the existing amount due from Subscriber and continue to service the system, in which case, Company shall be entitled to recover, in addition, the monthly payments due under the Agreement for said services; or (b) Remove the alarm system upon five (5) days written notice to Subscriber at Subscriber's address listed above, and recover from Subscriber all sums Company may be entitled to under law. In the event of termination of the Agreement or upon expiration of this Agreement, Company shall have the immediate right to remove the equipment which shall not be considered to constitute a breach of this Agreement or a waiver by company of any of its rights. Company shall not be responsible for damage caused to Subscriber's premises by reason of the removal of the alarm system from Subscriber's premises. In the event it shall become necessary for Company to institute legal proceedings to collect the cost of installation of the monthly service charge as set forth herein, then and in such proceedings the unsuccessful party shall pay to the successful party reasonable attorney's fees where permitted by law. 4. SUBSCRIBER'S DUTIES AS TO USE OF SYSTEM/AUTHORIZED PERSONNEL: The Subscriber shall carefully and properly test and set the alarm system immediately prior to the securing of the premises. If any detect in operation of the system develops, or in the event any interruption at Subscriber's premises, Subscriber shall notify Company immediately. Company shall repair any defective equipment within a reasonable time after receipt of such notice. If space protection is part of said system, Subscriber shall walk test the system each day or at such other time as Subscriber shall close his premises in the manner recommended by Company. Subscriber agrees to furnish Company forthwith a written list of the names, titles, residences, residence phone numbers and signatures of all persons authorized to enter the premises of Subscribers during regularly scheduled closed periods, and/or be notified in the event of an alarm, and with a written daily and holiday opening and closing schedule, including janitor's schedules. All charges, revisions and modifications to the above shall be supplied to Company in writing. 5. COMPANY IS NOT AN INSURER; LIMITATION OF LIABILITY; LIQUIDATED DAMAGES: It is understood and agreed: That the Company is not an insurer; that insurance, if ark , s all be obtained by Subscriber; that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of the Subscriber's prr the property of others located on Subscriber's premises. Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may proximat- y resi;ltrpm a failure to perform any of the obligations herein, or the failure of the system to properly operate with resulting loss to Subscriber because of, among other things: (a) The uncertain amount of value of Subscriber's property or the property of others kept on the premises which may be lost, stolen, destroyed, damaged or otherwise a - fed by occurrences which the system or service is designed to detect or avert; (b) The uncertainty of the response time of any police or fire department, should the police or fire department be dispatched as a result of signal being received or an au..le device sounding; (c) The inability to ascertain what portion, if any, of any loss would be proximately caused by Company's failure to perform or its equipment to operate. (d) The nature of the service to be performed by Company. Subscriber understands and agrees that if Company should be found liable for loss or damage due from failure of Company to perform any of the obligations herein, includ 'g t'no, limited to installation, maintenance, monitoring or service, or the failure of the system or equipment in any respect whatsoever, Company's liability shall be limited to a sum equal to the total of six (6) monthly payments or Two Hundred Fifty ($250.00) dollars, whichever is the lesser, as liquidated damages and not as a penalty and this liability shall be exclusive, and that the provisions of this Section shall apply if loss or damages, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or nonperformance of the obligations impo d by this contract, or from negligence, active or otherwise, of Company, its agents, assigns, or employees. If subscriber wishes Company to assume a limited liability in lieu of the liquidated damages as hereinabove set forth, Subscriber may obtain from Company a limitation of liability by p ing an additional monthly service charge to Company. If Subscriber elects to exercise this option, a rider shall be attached to this agreement setting forth the terms, conditions and the amount of the limited liability, and the additional monthly charge. Such rider and additional obligation shall in no way be interpreted to hold Company as an insurer. 6. COMPANY'S LIABILITY/DISCLAIMER OR WARRANTIES: COMPANY DOES NOT REPRESENT OR WARRANT, THAT THE ALARM SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED: OR THAT THE SYSTEM WILL PREVENT ANY LOSS BY BURGLARY, HOLD-UP, FIRE, OR OTHERWISE: OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT COMPANY HAD MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; NOR HAS SUBSCRIBER RELIED ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED; THAT ANY AFFIRMATION OF FACT OR PROMISE SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY, AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE AGREEMENT HEREOF: THAT COMPANY IS NOT AN INSURER: THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE TO SUBSCRIBER'S PREMISES OR TO THE CONTENTS THEREOF; AND THAT SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREEMENT, PARTICULARLY PARAGRAPHS 5 AND 7, WHICH SET FORTH COMPANY'S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE. PACIFIC ALARM SERVICE, INC. By Dated i L\ Firm CITY OF REDLANDS By 1.; c ,,.. � . �wi tl' ✓' tin 18, 2002 Karl N. Haws, Mayor r :1 . 20 it e . zee f pparts F AP-PAS-12 (rev. 11/97) L.or-r:e PACIFIC ALARM SERVICE, INC. 521 Wellwood Avenue • Beaumont, Calif. 92223 GENERAL AGREEMENT Beaumont Office — (909) 845-1666 Hemet — (909) 658-7811 Redlands — (909) 793-1001 Consumer Affairs Lic. #ACO-99 CSLB Lic. #606372 1111s agreement between PACIFIC ALARM SERVICE, hereinafter c:aired "AL/4.i M COtiPANY" and City of feddands•diet' Tate Water Tresrtment Pant hereinafter caller! "Subscriber,'WITNESS-Ent In consideration or an the ormenants herein to be performed by the Subscriber, the Alarm Company hereby actreus to install and maintain ir burglar alarm system on the premises of the Subscriber at aoso Mill Creek Road Redlands for a period of 1 years commencing Ji.4 QL . SCHEDULE: Uttrgiaror Mann System wilit Control Mahon Monitoring Multi -zone alarm control panel wr:h ertryiextt delay, siren cut-off and rechargeable standby power. ttdgit It ortiotf keypad with fitatas lights, zone bypass, and panic capabilities. One ceiling mount, 360 degree rrrttared body heat infector- interior detection. Contact six perimeter doors. Interior siren. Exterior siren In tamperproof enclosure. Exterior Beams Sixteen zone expansion card Val end Mine supervision. Anxtuary power supply with rechargeable standby battery and siren output. Three long range, dual element photo -electric beam swtfi. Three medium range, dual element photoelectric beam star. Three standard dual element prioto-eleottio beam frets. Digital communication to Central Station. MAW 1. TERM, PAYMENT, RENEWAL: Subscriber agrees to pay to the Alarm Company installation charge of $ Upon the execution of this agreement. He further agrees to pay to the Alarm Company $ 129.9) per month service charge, payable as follows* $ 1i 15;n first month's charge, payable upon execution of this agreement and $ on the first day of each and every month. It is agreed that the sums to be paid by Subscriber are in consideration of the execution of this agreement and/or the renewal thereof and the installation of said system, and upon default by Subscriber of any of the terms or conditions herein contained, the Alarm Company may, at its option, declare any principal balance hereunder to become immediately due and payable. All charges set forth in this Agreement are based on existing federal, state, local taxes, license fees and utility charges. In the event of any increase or additional taxes, fees, utility or government charges related to the installation of the service, herein described, the Subscriber agrees to pay the additional costs which may be imposed. Unless thirty days before the expiration of the term thereof, written notice is given by the Subscriber to the Alarm Company of the termination of this agreement, the same shall be automatically renewed on a year to year basis, subject to all the terms and conditions herein contained. 2. TITLE TO EQUIPMENT, REMOVAL OF SYSTEM. Subscriber acknowledges and agrees that this agreement is for the providing service only and that except as hereinafter provided, the major components installed herein, including but not limited to transmitters, detection devices, bell boxes and controls shall at all times remain the sole property of Company. Upon the expiration of this agreement or upon any default as herein set forth, Company is authorized to enter upon the premises of Subscriber and to remove all of the Company owned equipment. Removal of Company owned equipment shall be without prejudice to the collection of any and all sums due under the entire contract or extensions or renewals thereof. Subscriber shall, in such event, return the said Company equipment to Company in good condition, reasonable wear and tear expected. Upon completion of the installation, title to all of the nonrecoverable equipment, material, supplied, including but not limited to, wire, cable, conduit, screens and the labor for the installation of the system shall vest in the Subscriber. Notwithstanding the foregoing, during the term of this agreement, Subscriber will not damage, encumber, tamper with or dispose of any portion of this system or permit the system to be damaged, encumbered, taken from the premises, tampered with, or repaired by anyone who is not an authorized agent of Company. Subscriber agrees that the installation of the Company owned equipment does not create a fixture to Subscriber's premises as to that equipment. 3. DEFAULT BY SUBSCRIBER: ATTORNEY'S FEES: If Subscriber fails to pay any amount provided herein within ten (10) days after the same is due and payable, or if Subscriber fails to perform any other provisions within ten (10) days after Company shall have requested it in writing performance thereof, or if Subscriber makes any assignment for the benefit of creditors, Company shall have the right, but shall not be obligated, to exercise any one or more of the following remedies: (a) Recover the existing amount due from Subscriber and continue to service the system, in which case, Company shall be entitled to recover, in addition, the monthly payments due under the Agreement for said services; or (b) Remove the alarm system upon five (5) days written notice to Subscriber at Subscriber's address listed above, and recover from Subscriber all sums Company may be entitled to under law. In the event of termination of the Agreement or upon expiration of this Agreement, Company shall have the immediate right to remove the equipment which shall not be considered to constitute a breach of this Agreement or a waiver by company of any of its rights. Company shall not be responsible for damage caused to Subscriber's premises by reason of the removal of the alarm system from Subscriber's premises. In the event it shall become necessary for Company to institute legal proceedings to collect the cost of installation of the monthly service charge as set forth herein, then and in such proceedings the unsuccessful party shall pay to the successful party reasonable attorney's fees where permitted by law. 4. SUBSCRIBER'S DUTIES AS TO USE OF SYSTEM/AUTHORIZED PERSONNEL: The Subscriber shall carefully and properly test and set the alarm system immediately prior to the securing of the premises. If any detect in operation of the system develops, or in the event any interruption at Subscriber's premises, Subscriber shall notify Company immediately. Company shall repair any defective equipment within a reasonable time after receipt of such notice. If space protection is part of said system, Subscriber shall walk test the system each day or at such other time as Subscriber shall close his premises in the manner recommended by Company. Subscriber agrees to furnish Company forthwith a written list of the names, titles, residences, residence phone numbers and signatures of all persons authorized to enter the premises of Subscribers during regularly scheduled closed periods, and/or be notified in the event of an alarm, and with a written daily and holiday opening and closing schedule, including janitor's schedules. All charges, revisions and modifications to the above shall be supplied to Company in writing. 5. COMPANY IS NOT AN INSURER; LIMITATION OF LIABILITY; LIQUIDATED DAMAGES: It is understood and agreed: That the Company is not an insurer; that insurance, if any, sr all be obtained by Subscriber; that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of the Subscriber's prope t ri the property of others located on Subscriber's premises. Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately r,pst',om a failure to perform any of the obligations herein, or the failure of the system to properly operate with resulting loss to Subscriber because of, among other things: (a) The uncertain amount of value of Subscriber's property or the property of others kept on the premises which may be lost, stolen, destroyed, damaged or otherwise.a occurrences which the system or service is designed to detect or avert; (b) The uncertainty of the response time of any police or fire department, should the police or fire department be dispatched as a result of signal being received or an auible device sounding; (c) The inability to ascertain what portion, if any, of any loss would be proximately caused by Company's failure to perform or its equipment to operate. (d) The nature of the service to be performed by Company. Subscriber understands and agrees that if Company should be found liable for loss or damage due from failure of Company to perform any of the obligations herein, includi •ut not limited to installation, maintenance, monitoring or service, or the failure of the system or equipment in any respect whatsoever, Company's liability shall be limited to a sum equal to the total of six (6) monthly payments or Two Hundred Fifty ($250.00) dollars, whichever is the lesser, as liquidated damages and not as a penalty and this liability shall be exclusive, and that the provisions of this Section shall apply if loss or damages, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or nonperformance of the obligations impos by this contract, or from negligence, active or otherwise, of Company, its agents, assigns, or employees. If subscriber wishes Company to assume a limited liability in lieu of the liquidated damages as hereinabove set forth, Subscriber may obtain from Company a limitation of liability by pay ng an additional monthly service charge to Company. If Subscriber elects to exercise this option, a rider shall be attached to this agreement setting forth the terms, conditions and the emu', t of the limited liability, and the additional monthly charge. Such rider and additional obligation shall in no way be interpreted to hold Company as an insurer. 6. COMPANY'S LIABILITY/DISCLAIMER OR WARRANTIES: COMPANY DOES NOT REPRESENT OR WARRANT, THAT THE ALARM SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED: OR THAT THE SYSTEM WILL PREVENT ANY LOSS BY BURGLARY, HOLD-UP, FIRE, OR OTHERWISE: OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT COMPANY HAD MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; NOR HAS SUBSCRIBER RELIED ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED; THAT ANY AFFIRMATION OF FACT OR PROMISE SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY, AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE AGREEMENT HEREOF: THAT COMPANY IS NOT AN INSURER: THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE TO SUBSCRIBER'S PREMISES OR TO THE CONTENTS THEREOF; AND THAT SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREEMENT, PARTICULARLY PARAGRAPHS 5 AND 7, WHICH SET FORTH COMPANY'S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE. PACIFIC ALARM SERVICE, INC. Firm CITY OF REDLANDS By �1 l , , ii �; ___ --- ( By r gr, ,;�r•,� '� 1 Ott _ ., �, Jung: 18 2002 Dated g , r , 20 t✓ Z..-- tl"e ;3f.....' Qate A't yzer2y city ;C iet� F[ i Kart N. Haws, Mayor AP-PAS-12 (rev. 11/97) /- PACIFIC ALARM SERVICE, INC. 521 Wellwood Avenue • Beaumont, Calif. 92223 GENERAL AGREEMENT Beaumont Office — (909) 845-1666 Hemet — (909) 658-7811 Redlands — (909) 793-1001 Consumer Affairs Lic. #ACO-99 CSLB Lic. #606372 This agreement between PACIFIC ALARM SERVICE, lriafl r caned "ALARM COMPANY" and City of Redlands - Treasurers °ince hereinafter called "Subscriber, WrrNE:SSE111: In consideration of all the covenants herein to be performed by the Subscriber, the Mann Company hereby agrees to Install and maintain a kurdtar zizntu syatem on the premises (lithe Sub9ellber at 2 E. Glints Si.,.Sulte 150 Redi3nda for a period or 1 years commencing July 01, 2002 SCHEDULE: thurglar Alarm SAratem with Mind Signaling to M alan& Pelloa Dapr7drnerri Mulil-zone claim control panel with entry/exit delay, siren ciii-Grim and re.oriargeabie standby power. OIgltal on(o:f keypad With status ilyt1ts, zone bypass, and panic capabilities, Ten holdup buttons with key reset at desk iocattoos. ` Signaling to Redlands Police r3ep ailment. YlfifX 1. TERM, PAYMENT, RENEWAL: Subscriber agrees to pay, to the Alarm Company installation charge of $ 3,pon the execution of this agreement. He further agrees to pay to the Alarm Company $ d'2-:S1 per month service charge, payable as follows. $ �t1iF first month's charge, payable upon execution of this agreement and $ on the first day of each and every month. It is agreed that the sums to be paid by Subscriber are in consideration of the execution of this agreement and/or the renewal thereof and the installation of said system, and upon default by Subscriber of any of the terms or conditions herein contained, the Alarm Company may, at its option, declare any principal balance hereunder to become immediately due and payable. All charges set forth in this Agreement are based on existing federal, state, local taxes, license fees and utility charges. In the event of any increase or additional taxes, fees, utility or government charges related to the installation of the service, herein described, the Subscriber agrees to pay the additional costs which may be imposed. Unless thirty days before the expiration of the term thereof, written notice is given by the Subscriber to the Alarm Company of the termination of this agreement, the same shall be automatically renewed on a year to year basis, subject to all the terms and conditions herein contained. 2. TITLE TO EQUIPMENT, REMOVAL OF SYSTEM. Subscriber acknowledges and agrees that this agreement is for the providing service only and that except as hereinafter provided, the major components installed herein, including but not limited to transmitters, detection devices, bell boxes and controls shall at all times remain the sole property of Company. Upon the expiration of this agreement or upon any default as herein set forth, Company is authorized to enter upon the premises of Subscriber and to remove all of the Company owned equipment. Removal of Company owned equipment shall be without prejudice to the collection of any and all sums due under the entire contract or extensions or renewals thereof. Subscriber shall, in such event, return the said Company equipment to Company in good condition, reasonable wear and tear expected. Upon completion of the installation, title to all of the nonrecoverable equipment, material, supplied, including but not limited to, wire, cable, conduit, screens and the labor for the installation of the system shall vest in the Subscriber. Notwithstanding the foregoing, during the term of this agreement, Subscriber will not damage, encumber, tamper with or dispose of any portion of this system or permit the system to be damaged, encumbered, taken from the premises, tampered with, or repaired by anyone who is not an authorized agent of Company. Subscriber agrees that the installation of the Company owned equipment does not create a fixture to Subscriber's premises as to that equipment. 3. DEFAULT BY SUBSCRIBER: ATTORNEY'S FEES: If Subscriber fails to pay any amount provided herein within ten (10) days after the same is due and payable, or if Subscriber fails to perform any other provisions within ten (10) days after Company shall have requested it in writing performance thereof, or if Subscriber makes any assignment for the benefit of creditors, Company shall have the right, but shall not be obligated, to exercise any one or more of the following remedies: (a) Recover the existing amount due from Subscriber and continue to service the system, in which case, Company shall be entitled to recover, in addition, the monthly payments due under the Agreement for said services; or (b) Remove the alarm system upon five (5) days written notice to Subscriber at Subscriber's address listed above, and recover from Subscriber all sums Company may be entitled to under law. In the event of termination of the Agreement or upon expiration of this Agreement, Company shall have the immediate right to remove the equipment which shall not be considered to constitute a breach of this Agreement or a waiver by company of any of its rights. Company shall not be responsible for damage caused to Subscriber's premises by reason of the removal of the alarm system from Subscriber's premises. In the event it shall become necessary for Company to institute legal proceedings to collect the cost of installation of the monthly service charge as set forth herein, then and in such proceedings the unsuccessful party shall pay to the successful party reasonable attorney's fees where permitted by law. 4. SUBSCRIBER'S DUTIES AS TO USE OF SYSTEM/AUTHORIZED PERSONNEL: The Subscriber shall carefully and properly test and set the alarm system immediately prior to the securing of the premises. If any detect in operation of the system develops, or in the event any interruption at Subscriber's premises, Subscriber shall notify Company immediately. Company shall repair any defective equipment within a reasonable time after receipt of such notice. If space protection is part of said system, Subscriber shall walk test the system each day or at such other time as Subscriber shall close his premises in the manner recommended by Company. Subscriber agrees to furnish Company forthwith a written list of the names, titles, residences, residence phone numbers and signatures of all persons authorized to enter the premises of Subscribers during regularly scheduled closed periods, and/or be notified in the event of an alarm, and with a written daily and holiday opening and closing schedule, including janitor's schedules. All charges, revisions and modifications to the above shall be supplied to Company in writing. 5. COMPANY IS NOTAN INSURER; LIMITATION OF LIABILITY; LIQUIDATED DAMAGES: It is understood and agreed: That the Company is not an insurer; thafinsurance, if anyg s all be obtained by Subscriber; that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of the Subscriber's prap'etf the property of others located on Subscriber's premises. Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately resu from a failure to perform any of the obligations herein, or the failure of the system to properly operate with resulting loss to Subscriber because of, among other things: (a) The uncertain amount of value of Subscriber's property or the property of others kept on the premises which may be lost, stolen, destroyed, damaged or otherwise afj��}G i by occurrences which the system or service is designed to detect or avert; jJl�'(� (b) The uncertainty of the response time of any police or fire department, should the police or fire department be dispatched as a result of signal being received or an audible device sounding; (c) The inability to ascertain what portion, if any, of any loss would be proximately caused by Company's failure to perform or its equipment to operate. (d) The nature of the service to be performed by Company. Subscriber understands and agrees that if Company should be found liable for loss or damage due from failure of Company to perform any of the obligations herein, includin t . ; • .t limited to installation, maintenance, monitoring or service, or the failure of the system or equipment in any respect whatsoever, Company's liability shall be limited to a sum equal to tM- total of six (6) monthly payments or Two Hundred Fifty ($250.00) dollars, whichever is the lesser, as liquidated damages and not as a penalty and this liability shall be exclusive, and that the provisions of this Section shall apply if loss or damages, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or nonperformance of the obligations impose by this contract, or from negligence, active or otherwise, of Company, its agents, assigns, or employees. If subscriber wishes Company to assume a limited liability in lieu of the liquidated damages as hereinabove set forth, Subscriber may obtain from Company a limitation of liability by paying an additional monthly service charge to Company. If Subscriber elects to exercise this option, a rider shall be attached to this agreement setting forth the terms, conditions and the amount of the limited liability, and the additional monthly charge. Such rider and additional obligation shall in no way be interpreted to hold Company as an insurer. 6. COMPANY'S LIABILITY/DISCLAIMER OR WARRANTIES: COMPANY DOES NOT REPRESENT OR WARRANT, THAT THE ALARM SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED: OR THAT THE SYSTEM WILL PREVENT ANY LOSS BY BURGLARY, HOLD-UP, FIRE, OR OTHERWISE: OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT COMPANY HAD MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; NOR HAS SUBSCRIBER RELIED ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED; THAT ANY AFFIRMATION OF FACT OR PROMISE SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY, AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE AGREEMENT HEREOF: THAT COMPANY IS NOT AN INSURER: THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE TO SUBSCRIBER'S PREMISES OR TO THE CONTENTS THEREOF; AND THAT SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREEMENT, PARTICULARLY PARAGRAPHS 5 AND 7, WHICH SET FORTH COMPANY'S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE. PACIFIC ALARM SERVICE, INC. 7 By Firm CITY OF REDLANDS Karl N. Haws, Mayor By Dated AP-PAS-12 (rev. 11/97) , 2002.Atte'litl'e -June ��i, 2002 rt3`/s�14i�tDate t �k,.,.vy • PACIFIC ALARM SERVICE, INC. 521 Wellwood Avenue • Beaumont, Calif. 92223 Beaumont Office — (909) 845-1666 Hemet — (909) 658-7811 Redlands — (909) 793-1001 Consumer Affairs Lic. #ACO-99 CSLB Lic. #606372 GENERAL AGREEMENT This agreemerrt between PACIFIC: A,LARMM SERVICE. hereinafter carded ".6.1..»J h+1 cOMPAtkir and Cli_y of f edianfis-t odp.Yard wto Shoji hereinafter Called "Subscriber, WfTNES 'ETFI: in consideration of ail the covenants herein to be performed by the Subscriber, the :Alarm Company hereby agrees to Install and rn311113in ? burgt?r alarm system on Me premises of the Subsortber at 1270 W. Ponca, Redlands for a period of 1. years commencing tly,Oi. . 'SCHEDULE: Burglar Mann Station with Cet frr I Station Monitoring Multi -zone alarm control panel l with r1nlfttiprttx expansion capabilities, groiip partitioning, exrt/entry delay, siren cut -reef, phone Nrte >sclper+rlsloh and rechargeable st;+.ndby power. Three digitarorilotf Keypads wtth alpha/numeric display, ruled -user codes. selective partitioning panic and bypass capabilities. Contact six penneter man doors, Seventeen avernead doors and seven interior doors. Nine wall mount infrared body heat detectors - Interior detection. One ceittnit mount ; degree Infrared body heat detector - Inferior detection. . Two ?Mass breaaage detectors In ;chive. MMonttorIng attttreit SUOSCrIbef-ownett le3K detectors. Dot matrix printer for all activity plinto►xt. Interior siren. Exterior siren in tamperproof enclosure. Digital communication to Central • tation. 'Itli . t:d3 first month's charge, payable upon execution of this agreement and $ on the first day of each and every month. It is agreed that the sums to be paid by Subscriber are in consideration of the execution of this agreement and/or the renewal thereof and the installation of said system, and upon default by Subscriber of any of the terms or conditions herein contained, the Alarm Company may, at its option, declare any principal balance hereunder to become immediately due and payable. All charges set forth in this Agreement are based on existing federal, state, local taxes, license fees and utility charges. In the event of any increase or additional taxes, fees, utility or government charges related to the installation of the service, herein described, the Subscriber agrees to pay the additional costs which may be imposed. Unless thirty days before the expiration of the term thereof, written notice is given by the Subscriber to the Alarm Company of the termination of this agreement, the same shall be automatically renewed on a year to year basis, subject to all the terms and conditions herein contained. XXiTY , 1. TERM, PAYMENT, RENEWAL: Subscriber agrees to pay to the Alarm Company installation charge of $ Upon the execution of this agreement. He further agrees to pay to the Alarm Company $ III r "'0ry per month service charge, payable as follows $ 101'`'� 2. TITLE TO EQUIPMENT, REMOVAL OF SYSTEM. Subscriber acknowledges and agrees that this agreement is for the providing service only and that except as hereinafter provided, the major components installed herein, including but not limited to transmitters, detection devices, bell boxes and controls shall at all times remain the sole property of Company. Upon the expiration of this agreement or upon any default as herein set forth, Company is authorized to enter upon the premises of Subscriber and to remove all of the Company owned equipment. Removal of Company owned equipment shall be without prejudice to the collection of any and all sums due under the entire contract or extensions or renewals thereof. Subscriber shall, in such event, return the said Company equipment to Company in good condition, reasonable wear and tear expected. Upon completion of the installation, title to all of the nonrecoverable equipment, material, supplied, including but not limited to, wire, cable, conduit, screens and the labor for the installation of the system shall vest in the Subscriber. Notwithstanding the foregoing, during the term of this agreement, Subscriber will not damage, encumber, tamper with or dispose of any portion of this system or permit the system to be damaged, encumbered, taken from the premises, tampered with, or repaired by anyone who is not an authorized agent of Company. Subscriber agrees that the installation of the Company owned equipment does not create a fixture to Subscriber's premises as to that equipment. 3. DEFAULT BY SUBSCRIBER: ATTORNEY'S FEES: If Subscriber fails to pay any amount provided herein within ten (10) days after the same is due and payable, or if Subscriber fails to perform any other provisions within ten (10) days after Company shall have requested it in writing performance thereof, or if Subscriber makes any assignment for the benefit of creditors, Company shall have the right, but shall not be obligated, to exercise any one or more of the following remedies: (a) Recover the existing amount due from Subscriber and continue to service the system, in which case, Company shall be entitled to recover, in addition, the monthly payments due under the Agreement for said services; or (b) Remove the alarm system upon five (5) days written notice to Subscriber at Subscriber's address listed above, and recover from Subscriber all sums Company may be entitled to under law. In the event of termination of the Agreement or upon expiration of this Agreement, Company shall have the immediate right to remove the equipment which shall not be considered to constitute a breach of this Agreement or a waiver by company of any of its rights. Company shall not be responsible for damage caused to Subscriber's premises by recason of the removal of the alarm system from Subscriber's premises. In the event it shall become necessary for Company to institute legal proceedings to collect the cost of installation of the monthly service charge as set forth herein, then and in such proceedings the unsuccessful party shall pay to the successful party reasonable attorney's fees where permitted by law. 4. SUBSCRIBER'S DUTIES AS TO USE OF SYSTEM/AUTHORIZED PERSONNEL: The Subscriber shall carefully and properly test and set the alarm system immediately prior to the securing of the premises. If any detect in operation of the system develops, or in the event any interruption at Subscriber's premises, Subscriber shall notify Company immediately. Company shall repair any defective equipment within a reasonable time after receipt of such notice. If space protection is part of said system, Subscriber shall walk test the system each day or at such other time as Subscriber shall close his premises in the manner recommended by Company. Subscriber agrees to furnish Company forthwith a written list of the names, titles, residences, residence phone numbers and signatures of all persons authorized to enter the premises of Subscribers during regularly scheduled closed periods, and/or be notified in the event of an alarm, and with a written daily and holiday opening and closing schedule, including janitor's schedules. All charges, revisions and modifications to the above shall be supplied to Company in writing. 5. COMPANY IS NOT AN INSURER; LIMITATION OF LIABILITY; LIQUIDATED DAMAGES: It is understood and agreed: That the Company is not an insurer; that insurance, if any s -Ilbe obtained by Subscriber; that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of the Subscriber's prop9 t . i the property of others located on Subscriber's premises. Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately rrEsult from a failure to perform any of the obligations herein, or the failure of the system to properly operate with resulting loss to Subscriber because of, among other things: (a) The uncertain amount of value of Subscriber's property or the property of others kept on the premises which may be lost, stolen, destroyed, damaged or otherwise td by \ occurrences which the system or service is designed to detect or avert; (b) The uncertainty of the response time of any police or fire department, should the police or fire department be dispatched as a result of signal being received or an audtbie device sounding; (c) The inability to ascertain what portion, if any, of any loss would be proximately caused by Company's failure to perform or its equipment to operate. (d) The nature of the service to be performed by Company. Subscriber understands and agrees that if Company should be found liable for loss or damage due from failure of Company to perform any of the obligations herein, includot limited to installation, maintenance, monitoring or service, or the failure of the system or equipment in any respect whatsoever, Company's liability shall be limited to a sum equal to the total of six (6) monthly payments or Two Hundred Fifty ($250.00) dollars, whichever is the lesser, as liquidated damages and not as a penalty and this liability shall be exclusive, and that the provisions of this Section shall apply if loss or damages, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or nonperformance of the obligations imposed by this contract, or from negligence, active or otherwise, of Company, its agents, assigns, or employees. If subscriber wishes Company to assume a limited liability in lieu of the liquidated damages as hereinabove set forth, Subscriber may obtain from Company a limitation of liability by paying an additional monthly service charge to Company. If Subscriber elects to exercise this option, a rider shall be attached to this agreement setting forth the terms, conditions and the amount of the limited liability, and the additional monthly charge. Such rider and additional obligation shall in no way be interpreted to hold Company as an insurer. 6. COMPANY'S LIABILITY/DISCLAIMER OR WARRANTIES: COMPANY DOES NOT REPRESENT OR WARRANT, THAT THE ALARM SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED: OR THAT THE SYSTEM WILL PREVENT ANY LOSS BY BURGLARY, HOLD-UP, FIRE, OR OTHERWISE: OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT COMPANY HAD MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; NOR HAS SUBSCRIBER RELIED ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED; THAT ANY AFFIRMATION OF FACT OR PROMISE SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY, AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE AGREEMENT HEREOF: THAT COMPANY IS NOT AN INSURER: THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE TO SUBSCRIBER'S PREMISES OR TO THE CONTENTS THEREOF; AND THAT SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREEMENT, PARTICULARLY PARAGRAPHS 5 AND 7, WHICH SET FORTH COMPANY'S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE. PACIFIC ALARM SERVICE, INC. Firm CITY OF RFDLANbS By �- �; _ By Karl 11. kaws,Mayor Dated ,' / , 2 AP-PAS-12 (rev. 11/97) Att{i•�y,k: !'; ', II II ``��III BBBBB '�Y •r ate June 18, 2002 PACIFIC ALARM SERVICE, INC. 521 Wellwood Avenue • Beaumont, Calif. 92223 GENERAL AGREEMENT Beaumont Office — (909) 845-1666 Hemet — (909) 658-7811 Redlands — (909) 793-1001 Consumer Affairs Lic. #ACO-99 CSLB Lic. #606372 'flits agreement betiveen PACIFIC ALARM SERVICE, hereinafter called "ALARM COMPANY and ctt i),, _or Redlands -1 OC/Corp. Yard hereinafter caged "Subscriber", 14'1114E3 aE:1n in consideration or 3H the covenants herein to be performed by the Subscriber, the Alarm Company hereby agrees to Install and maintain a burglar alarm system ort the premised ot'tne Subscriber aE 1270 W. Paint Redlands for a period of 1 years commencing 4101, 2002. SCHEDULE: Burglar Mans :s`yiilerri wan Csgth'ai Staten Bleulluartj Muni-z:orie alarm control panel with multiplex expansion oapabllltles, group partitioning, extrentry delay, siren cut-off, phone line supervision and rechargeable standby power. Digital on/off keypad with alpha -numeric disptay, multi-user codes, selective partitioning, zone bypass, panic and bypass, capatilities. Contact eight perimeter doors and one interior itcor. Fire wail sous, infrared body heat detectors In otlireb - interior detection. Two 361) degree Infrared body heat detectors - Interior detection. Dot matrtx printer with InteMice module for alarm acttrtty. interior siren. Ex1arior siren in tamperproof enclosure. Digital communication to Cenral Station. Corporate Yard Warehouse Two dtgaat on/otr keypad with alpha -numeric display, mull+ -user codes, sedeottve partitioning, zone bypass, panic and bypass capabltttlk:s. Sixteen zone expansion module with end of line superrtslon, one auxiliary power module for siren output. —.,continued on pane 2-- �"�"iCK 1. TERM, PAYMENT, RENEWAL: Subscriber agrees to pay to the Alarm Company installation charge of $ Upon the execution of this agreement. 136.00 136.09 He further agrees to pay to the Alarm Company $ (M ,vw per month service charge, payable as follows' $ first month's charge, payable upon execution of this agreement and $ on the first day of each and every month. It is agreed that the sums to be paid by Subscriber are in consideration of the execution of this agreement and/or the renewal thereof and the installation of said system, and upon default by Subscriber of any of the terms or conditions herein contained, the Alarm Company may, at its option, declare any principal balance hereunder to become immediately due and payable. All charges set forth in this Agreement are based on existing federal, state, local taxes, license fees and utility charges. In the event of any increase or additional taxes, fees, utility or govemment charges related to the installation of the service, herein described, the Subscriber agrees to pay the additional costs which may be imposed. Unless thirty days before the expiration of the term thereof, written notice is given by the Subscriber to the Alarm Company of the termination of this agreement, the same shall be automatically renewed on a year to year basis, subject to all the terms and conditions herein contained. 2. TITLE TO EQUIPMENT, REMOVAL OF SYSTEM. Subscriber acknowledges and agrees that this agreement is for the providing service only and that except as hereinafter provided, the major components installed herein, including but not limited to transmitters, detection devices, bell boxes and controls shall at all times remain the sole property of Company. Upon the expiration of this agreement or upon any default as herein set forth, Company is authorized to enter upon the premises of Subscriber and to remove all of the Company owned equipment. Removal of Company owned equipment shall be without prejudice to the collection of any and all sums due under the entire contract or extensions or renewals thereof. Subscriber shall, in such event, return the said Company equipment to Company in good condition, reasonable wear and tear expected. Upon completion of the installation, title to all of the nonrecoverable equipment, material, supplied, including but not limited to, wire, cable, conduit, screens and the labor for the installation of the system shall vest in the Subscriber. Notwithstanding the foregoing, during the term of this agreement, Subscriber will not damage, encumber, tamper with or dispose of any portion of this system or permit the system to be damaged, encumbered, taken from the premises, tampered with, or repaired by anyone who is not an authorized agent of Company. Subscriber agrees that the installation of the Company owned equipment does not create a fixture to Subscriber's premises as to that equipment. 3. DEFAULT BY SUBSCRIBER: ATTORNEY'S FEES: If Subscriber fails to pay any amount provided herein within ten (10) days after the same is due and payable, or if Subscriber fails to perform any other provisions within ten (10) days after Company shall have requested it in writing performance thereof, or if Subscriber makes any assignment for the benefit of creditors, Company shall have the right, but shall not be obligated, to exercise any one or more of the following remedies: (a) Recover the existing amount due from Subscriber and continue to service the system, in which case, Company shall be entitled to recover, in addition, the monthly payments due under the Agreement for said services; or (b) Remove the alarm system upon five (5) days written notice to Subscriber at Subscriber's address listed above, and recover from Subscriber all sums Company may be entitled to under law. In the event of termination of the Agreement or upon expiration of this Agreement, Company shall have the immediate right to remove the equipment which shall not be considered to constitute a breach of this Agreement or a waiver by company of any of its rights. Company shall not be responsible for damage caused to Subscriber's premises by reason of the removal of the alarm system from Subscriber's premises. In the event it shall become necessary for Company to institute legal proceedings to collect the cost of installation of the monthly service charge as set forth herein, then and in such proceedings the unsuccessful party shall pay to the successful party reasonable attorney's fees where permitted by law. 4. SUBSCRIBER'S DUTIES AS TO USE OF SYSTEM/AUTHORIZED PERSONNEL: The Subscriber shall carefully and properly test and set the alarm system immediately prior to the securing of the premises. If any detect in operation of the system develops, or in the event any interruption at Subscriber's premises, Subscriber shall notify Company immediately. Company shall repair any defective equipment within a reasonable time after receipt of such notice. If space protection is part of said system, Subscriber shall walk test the system each day or at such other time as Subscriber shall close his premises in the manner recommended by Company. Subscriber agrees to furnish Company forthwith a written list of the names, titles, residences, residence phone numbers and signatures of all persons authorized to enter the premises of Subscribers during regularly scheduled closed periods, and/or be notified in the event of an alarm, and with a written daily and holiday opening and closing schedule, including janitor's schedules. All charges, revisions and modifications to the above shall be supplied to Company in writing. 5. COMPANY IS NOTAN INSURER; LIMITATION OF LIABILITY; LIQUIDATED DAMAGES: It is understood and agreed: That the Company is not an insurer; that insurance, if any, shall be obtained by Subscriber; that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of the Subscriber's prop rythe property of others located on Subscriber's premises. Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately r `ul frartr. a failure to perform any of the obligations herein, or the failure of the system to properly operate with resulting loss to Subscriber because of, among other things: \ (a) The uncertain amount of value of Subscriber's property or the property of others kept on the premises which may be lost, stolen, destroyed, damaged or otherwise_ 4cted by \ occurrences which the system or service is designed to detect or avert; (b) The uncertainty of the response time of any police or fire department, should the police or fire department be dispatched as a result of signal being received or an au ible device sounding; (c) The inability to ascertain what portion, if any, of any loss would be proximately caused by Company's failure to perform or its equipment to operate. (d) The nature of the service to be performed by Company. Subscriber understands and agrees that if Company should be found liable for loss or damage due from failure of Company to perform any of the obligations herein, including ' not limited to installation, maintenance, monitoring or service, or the failure of the system or equipment in any respect whatsoever, Company's liability shall be limited to a sum equal to the total of six (6) monthly payments or Two Hundred Fifty ($250.00) dollars, whichever is the lesser, as liquidated damages and not as a penalty and this liability shall be exclusive, and that the provisions of this Section shall apply if loss or damages, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or nonperformance of the obligations imposed by this contract, or from negligence, active or otherwise, of Company, its agents, assigns, or employees. If subscriber wishes Company to assume a limited liability in lieu of the liquidated damages as hereinabove set forth, Subscriber may obtain from Company a limitation of liability by paying an additional monthly service charge to Company. If Subscriber elects to exercise this option, a rider shall be attached to this agreement setting forth the terms, conditions and the amount of the limited liability, and the additional monthly charge. Such rider and additional obligation shall in no way be interpreted to hold Company as an insurer. 6. COMPANY'S LIABILITY/DISCLAIMER OR WARRANTIES: COMPANY DOES NOT REPRESENT OR WARRANT, THAT THE ALARM SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED: OR THAT THE SYSTEM WILL PREVENT ANY LOSS BY BURGLARY, HOLD-UP, FIRE, OR OTHERWISE: OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT COMPANY HAD MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; NOR HAS SUBSCRIBER RELIED ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED; THAT ANY AFFIRMATION OF FACT OR PROMISE SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY, AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE AGREEMENT HEREOF: THAT COMPANY IS NOT AN INSURER: THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE TO SUBSCRIBER'S PREMISES OR TO THE CONTENTS THEREOF; AND THAT SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREEMENT, PARTICULARLY PARAGRAPHS 5 AND 7, WHICH SET FORTH COMPANY'S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE. PACIFIC ALARM SERVICE, INC. ' By CITY OF REDLANDS Firm Karl P4. Haws, Mayar By Dated / i , 2 AP-PAS-12 (rev. 11/97) iette. to r , -';' Date June 18, 2002 Lorne .Poyter,,.L;tty (.ler"ict-• PACIFIC ALARM SERVICE, INC. 521 Wellwood Avenue • Beaumont, Calif. 92223 GENERAL AGREEMENT Beaumont Office — (909) 845-1666 Hemet — (909) 658-7811 Redlands — (909) 793-1001 Consumer Affairs Lic. #ACO-99 CSLB Lic. #606372 'tilts agreement between PACIFIC .ALARM SERVICE, tlemint AI..Ar2M COMPANY' anti Pi) St Redlands.: ccmttiafe Yarn hereinafter called "Subsctlber, W!fl ESSEVH: in consideration of Ai the covenants herein to he perforated by the Subscriber, ttte Alarm Company n::Ie1 y agrees to pnyide Central 't ttJ3,r, trYiir twolL_ oft Slie prOrrtifae.5 or the suoscnaer at tat) W. P:artc ediarrd5 _ tor a period of 1 year commencing Jury, 1,,,_.1112 t Modulo: C+2fttnij Station Merltoting f1f tyttbacflber-owned the alarm alarm system rntapectiort and testing of ayterfr xExxfX 1. TERM, PAYMENT, RENEWAL: Subscriber agrees to pay to the Alarm Company installation charge of $ Upon the execution of this agreement. 78.50 He further agrees to pay to the Alarm Company $ per month service charge, payable as follows. $ first month's charge, payable upon execution of this agreement and $ on the first day of each and every month. It is agreed that the sums to be paid by Subscriber are in consideration of the execution of this agreement and/or the renewal thereof and the installation of said system, and upon default by Subscriber of any of the terms or conditions herein contained, the Alarm Company may, at its option, declare any principal balance hereunder to become immediately due and payable. All charges set forth in this Agreement are based on existing federal, state, local taxes, license fees and utility charges. In the event of any increase or additional taxes, fees, utility or government charges related to the installation of the service,. herein described, the Subscriber agrees to pay the additional costs which may be imposed. Unless thirty days before the expiration of the term thereof, written notice is given by the Subscriber to the Alarm Company of the termination of this agreement, the same shall be automatically renewed on a year to year basis, subject to all the terms and conditions herein contained. 2. TITLE TO EQUIPMENT, REMOVAL OF SYSTEM. Subscriber acknowledges and agrees that this agreement is for the providing service only and that except as hereinafter provided,.tlle major components installed herein, incl ng but not limited to transmitters;'detection devices, bell boxes and controls shall at alr'times remain the solerprroperty of Company. Up'o'n the expiration of this agreement or upon any default as herein set forth, Company is authorized to enter upon the premises of Subscriber and to remove alrof the Company ownedreduipment. Removal of Company owned equipment shall be without prejudice to,the collection of any and all sums.d'e under the entire contract or extensions or renewals thereof. Subscriber shall, in such event, return the said Company equipment to Company in good condition, reasonable wear and Sear expected. Upon completion of the installation, title to all of the nonrecoverable equipment, material, supplied, including but not limited to,wire, cable, conduit, screens and.the labor for the installation of the system shall vest in the Subscriber. Notwithstanding the foregoing, during the term of this agreement, Subscriber will not damage, encumber, tamper with -or dispose of any portion of this system or permit the system to be damaged, encumbered, taken from the premises, tampered with, or repaired by anyone who is not an authorized agent &Company. Subscriber agrees.that the installation of the Company owned equipment does not create a fixture to Subscriber's premises as to that equipment. 3. DEFAULT BY SUBSCRIBER: ATTORNEY'S FEES: If Subscriber fails to pay any amount provided herein within ten (10) days after the same is due and payable, or if Subscriber fails to perform any other provisions within ten (10) days after Company shall have requested it in writing performance thereof, or if Subscriber makes any assignment for the benefit of creditors, Company shall have the right, but shall not be obligated, to exercise any one or more of the following remedies: (a) Recover the existing amount due from Subscriber and continue to service the system, in which case, Company shall be entitled to recover, in addition, the monthly payments due under the Agreement for said services; or (b) Remove the alarm system upon five (5) days written notice to Subscriber at Subscriber's address listed above, and recover from Subscriber all sums Company may be entitled to under Jaw. In the event of termination of the Agreement or upon expiration of this Agreement, Company shall have. the immediate right to remove the equipment which shall not be considered to constitute a breach of this Agreement or a waiver by company of any of its rights. Company shall not be responsible for damage caused to Subscriber's premises by reason of the removal of the alarm system from Subscriber's premises. In the event it shall become necessary for Company to institute legal proceedings to collect the cost of installation of the monthly service charge as set forth herein, then and in such proceedings the unsuccessful party shall pay to the successful party reasonable attorney's fees where permitted by law. 4. SUBSCRIBER'S DUTIES AS TO USE OF SYSTEM/AUTHORIZED PERSONNEL: The Subscriber shall carefully and properly test and set the alarm system immediately prior to the securing of the premises. If any detect in operation of the system develops, or in the event any interruption at Subscriber's premises, Subscriber shall notify Company immediately. Company shall repair any defective equipment within a reasonable time after receipt of such notice. If space protection is part of said system, Subscriber shall walk test the system each day or at such other time as Subscriber shall close his premises in the manner recommended by Company. Subscriber agrees to furnish Company forthwith a written list of the names, titles, residences, residence phone numbers and signatures of all persons authorized to enter the premises of Subscribers during regularly scheduled closed periods, and/or be notified in the event of an alarm, and with a written daily and holiday opening and closing schedule, including janitor's schedules. All charges, revisions and modifications to the above shall be supplied to Company in writing. 5. COMPANY IS NOTAN INSURER; LIMITATION OF LIABILITY; LIQUIDATED DAMAGES: It is understood and agreed: That the Company is not an insurer; that insurance, if any, shall be obtained by Subscriber; that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of the Subscriber's property orb e property of others located on Subscriber's premises. Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately`result from a failure to perform any of the obligations herein, or the failure of the system to properly operate with resulting loss to Subscriber because of, among other things: (a) The uncertain amount of value of Subscriber's property or the property of others kept on the premises which may be lost, stolen, destroyed, damaged or otherwise a by occurrences which the system or service is designed to detect or avert; (b) The uncertainty of the response time of any police or fire department, should the police or fire department be dispatched as a result of signal being received or an audible device sounding; (c) The inability to ascertain what portion, if any, of any loss would be proximately caused by Company's failure to perform or its equipment to operate. (d) The nature of the service to be performed by Company. Subscriber understands and agrees that if Company should be found liable for loss or damage due from failure of Company to perform any of the obligations herein, includnot limited to installation, maintenance, monitoring or service, or the failure of the system or equipment in any respect whatsoever, Company's liability shall be limited to a sum equal to e total of six (6) monthly payments or Two Hundred Fifty ($250.00) dollars, whichever is the lesser, as liquidated damages and not as a penalty and this liability shall be exclusive, and that the provisions of this Section shall apply if loss or damages, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or nonperformance of the obligations imposed by this contract, or from negligence, active or otherwise, of Company, its agents, assigns, or employees. If subscriber wishes Company to assume a limited liability in lieu of the liquidated damages as hereinabove set forth, Subscriber may obtain from Company a limitation of liability by paying an additional monthly service charge to Company. If Subscriber elects to exercise this option, a rider shall be attached to this agreement setting forth the terms, conditions and the amount of the limited liability, and the additional monthly charge. Such rider and additional obligation shall in no way be interpreted to hold Company as an insurer. 6. COMPANY'S LIABILITY/DISCLAIMER OR WARRANTIES: COMPANY DOES NOT REPRESENT OR WARRANT, THAT THE ALARM SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED: OR THAT THE SYSTEM WILL PREVENT ANY LOSS BY BURGLARY, HOLD-UP, FIRE, OR OTHERWISE: OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT COMPANY HAD MADE NO REPRESENTATIONS OR WARRANTIES, p EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; NOR HAS SUBSCRIBER RELIED ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED; THAT ANY AFFIRMATION OF FACT OR PROMISE SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY, AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE AGREEMENT HEREOF: THAT COMPANY IS NOT AN INSURER: THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE TO SUBSCRIBER'S PREMISES OR TO THE CONTENTS THEREOF; AND THAT SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREEMENT, PARTICULARLY PARAGRAPHS 5 AND 7, WHICH SET FORTH COMPANY'S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE. PACIFIC ALARM SERVICE, INC. CITY OF RELDLANDS Firm By By Karl N. i-' ws, Mayor la, ;2002 Dated -^ � � `� 20c; i-•• Alt': Title Date 'Line AP-PAS-12 (rev. 11/97) C"€' t e ;� + `'i ✓ i i' i �', , :o r t