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AG 23-183 - PATRIOT FIRE PROTECTION, INC.RETURN TO: David Clemons EXT: 2002 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: PK - DBC 2. ORIGINATING STAFF PERSON: David Clemons EXT: 2002 3. DATE REQ. B)'. 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ® OTHER 5. PROJECT NAME: Fire Alarm Monitoring 0 mkm6l, � 6. NAME OF CONTRACTOR: Patriot Fire Protection, Inc. ADDRESS: 2707 loth Ave E, Tacoma, Wa 98424 TELEPHONE 253-926-2290 E-MAIL: FAX: SIGNATURENAME: Jeff Harasimowitz TITLE Fire Alarm Manager 7. EXHIBITS AND ATTACHMENTS: R SCOPE, WORK OR SERVICES I COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS - 8. TERM: COMMENCEMENT DATE: upon signature COMPLETION DATE�/�fi LwC+,t vV�J 9. TOTAL COMPENSATION $ 504.00 + any applicable tax / year (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES LRNO IF YES, MAXIMUM DOLLAR AMOUNT: $. IS SALES TAX OWED ®YES V NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 402-7200-101-575-45-410 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED k PROJECT MANAGER (� ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ® LAW JE 3116123 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) ITIAL DATE SIGNED LAW DEPARTMENT Zkz 6 k9SIGNATORY (MAYOR OR DIRECTOR) 0 ❑ CITY CLERK C} ❑ ASSIGNED AG# COMMENTS: We recently needed to replace our panel circuit board. The system/panel will not connect to the current monitoring co. Resolution was to reprogram and connect to Patriot. Patriot I didn't want to sign anything without review/approval first. 212017 10 ATRIOTI Monitoring Information & Agreement FIRE PROTECTION, INC. Main Office: 2707 70th Avenue East, Tacoma, WA98424 1 253-926-2290 This Agreement is made this 8th day of September 20 23 by and between Patriot Fire Protection, Inc., a Washington corporation, hereinafter referred to as "PFP", and Dumas Bay Centre hereinafter referred to as "Subscriber. 1. (a) DESCRIPTION OF SERVICES PROVIDED: PFP agrees to provide monitoring equipment and service as hereinafter set forth for the alarm system owned by Subscriber and located at: Street Address 3200 SW Dash Point Rd. city Federal Way State WA Zip Code 98023 Billing Address Phone Number 253-835-2002 POTS NAME (Please pant) PHONE NUMBER PHONE TYPE SMS NOTIFICATIONS YIN 1 David Clemons 253-835-2002 Office ❑ 2 David Clemons 206-947-14047 Cell 0 a Judy Ferguson 253-835-2001 Office ❑ Same it david.clemons@cityoffederalway.com PASSWORD a NUMBER NAME (Please print) (Maximum of 12 characters) N/A l 1. (b) TYPE OF SYSTEM MONITORED: ❑ Burglar Alarm W Fire Alarm ❑Hold-up Alarm ❑ Residential © Commercial 2. TERMS, PAYMENT, RENEWAL: Subscriber hereby agrees to pay to PFP, its agents or assigns: (a) For installation, thesumcl50.00 lax. (b) For monitoring, the sum of S 504.00 + lax if applicable, per ❑quariar or W annually nt ❑Wmerhma €rarres (drodr ano), payable on the ffW day of the month, commencing wi8 tho mpnth ioiloWinSgq I omoeiion of activation, for a period of Shirty-slx P) mdnlhs from lba dale of alniNgdon fn aytve lion. In adaili on, togcthar with the first quartorlylanrual payment. Subscriber shd6 pay the pro rate share of the monthly charge in which installation was completed. This Agree- menlshallautomaticallyberenewed forsuccessivetermsof twelve (12)MMI%althe same service rate unless ellhor party notifies We other in writing of Its intention to terminate this Agreement, not less than sixty (601 days prior to the expiration of the original term or any ronewal term thereof. The alim Is subjectlo paragraph 11. (c)TefephanoTransmission: Sub5crlborackrmw1Wgw that PFP may ptlllretafaphona lint lransmisetonand Ina slgnats f om Subssriber'sa41 m sysmm may ba transmitted over SubntSubscribes telephoneset- vice soutulceder,dipmrnectedoratherwselnlerruplec,siggnnelsfrom Subscrllfiialarm system wl8 net be rice vet oy PFP duringg a ty such fnterruptioh in telephone service and ilho Inlerrup! ¢n w81 n¢f b¢ known taPFP; S.ubscr)tterlurtheraclurawledgesandagrees that rvgart wholly beyond the control andjurfsdretidndf PfPand are main ain¢dand sery tact ay the appilcabio lulaphom ctom- pparry or ullily.5utiacrlberagraes to f¢rniah a necessary telephone service or We phone lfne5 atSudsrrihePsown expense. Rrryand ai{ lefopnone cdmpanygcharges shall bo billed to Subllcrlbedsle(aphonobill.Anyrncreasedlole tonac¢mpanyt; e5shallbeborneby Subscriber, and ilrha gad dlrady to PFP• shall added to the perlodlc charges Nlled to Subscriber. Subscr[haracknawledges thateclivatlon of the rVsrmaysfem will irrtarrupt and disconnect any telephone call in progress [d) RadloTrsnsmisstdn I Sub scriber acknoMndlgestra:IfPFF uilfms signal uansrms- sidnbyaradiosysmrathat %ch.traimmisslon issu tnanlalfact ecllpanveoors.frothnatural and man•mad¢ lhaterewhofly beyond the control PFP.tlsepfFYaduFroquiiare wn- Iralled by the Federal C ommunlcatipns Commission (FCC)add dranpes in rulos, regulations. and "I'ders may nedossilatodisconlinuing orchanging stet ansmles ¢nlaeilifres. [a}VpIPAnlernellCeiluiarlGPSfVldeplOthdr: Suhscnhsracxn>yMetlgeSlhaliPFP utlizass:Iggnal fransm ss do byVolPgnfomat7Cdllufw GP57Vden701no thatsur hVansm s smn is su6fect to factors that fray lwzmupt igrnals Pram Subscriber's afarrn sys[am ar"ll nW he roc¢Ived PFP du ring any such intarmptan in ttleae sarvtca s and may riot btknown to PFP. Sutnu lurlher atirnowledges and agroes Inot signals which are transmdta7 ovdr VolPnhterne[ICallutatlGP5Nided101her are wholly beyond the control and junsdic" Lion of PFP and are maintained and serviced by the applicable service provider. Subscriber zess to furnish any necessary ValPllntwriei CelluiwlGPSlVicbaa thsr conrmullons at scriber's own expense. Any incroased Vol PAnternelirailularlGPStVIdeNOthertervice prDy:derchargesshall beborne try Subsef(!r,and4chargeddirocflylDPFP. shallbeadded to the periodiccharges billed to Subscriber. 3. MONITORING SERVICES: PFP agrees to monitor without liability and not as an insure: during Iheteim of IhisAgfeement, tns sigpalsolalarm"iitemjs) ¢monad bySutiscrfher al ;he premises huminabavo set forth. PFP shall Conned %bavlbtr's Syslam la PFP's manila; rigg mcafverlocaledtrt 0 marutoring facility. PFP or4s designed, anall maid every readonsfliq elhrrttado the falldwipg• upon racelpt of an ¢lane stgnd iiamthoSubscnirdr's premises, and prior to nQlifyinj;.06 thod;res. mu manitormgfacility shall atiampt toveryy all sigrwls m ac-ordanat, wrlh current industry and lurisdictrorrat standards, at as may bu PATRIOT FIRE PROTECTION, INC. required by a j u risd ictional ordinance. If, after earn plating this vertf cation process, the alarm signal is not %trifled as false, the monitoring facility shall make every reasortfi effort to notify the author les and/or the person or persons whose names and tolophon¢ numbers have been provided in writing by (he Subscriber. The monitoring facility reserves the right to verify all alarm signals by telephone w olhorwiseirerore notifying emergency personnel, and may discontinue any particular rospanst sarvlta due to governmental or Insurance requirements by giving notice in writing to Subscriber. If, in the opinion of PFP, use by the Subscriber adversely affects the use ofthe signal receiving equipment, this Agreement may be terminated thirty (30) days following written notice to Subscriber. Subscriber acknowl- edges that PFP's repair obligation with respect to monitoring relates solely to the repair and operation ofthesignal recelving•equipmentand transmitting equipmentownedbyPFP PFP is in no way obligated tomaintuM, repair, service, replace, operdtaof assure the operators of the properly, system or any devices or device of the Subscriber. The monitoring service shall commence on the date of connection of the transmission equipment to the telephone lines or other communication service of the Subscriber by PFP and Offer any grace period required by a jurisdictional ordinance. Subscriber is aware AN cottaerits to all telephone communications through central monitoring station being recorded. 4. PERM ITS/REGISTRATIONILICENSES: Subscriber represents that Subscriber has secured rmatever parmia4on, pe.nnlm or gcansp Ifurl mB� be t ecassaryfrom local aut irlifes foriheinan m i r9.uf thea arrnsyslam. Su!>seVberyhrdl payatl porrnt fees, licenra(ees,raytalratdfrCtaseir arduugeslhatmayberequupdhygovemnlantafagencies. S. RECEIPT OF COPY: SUBSCRIBER ACKNOWLEDGES RECEIPT OF ELECTRONIC COMPUTER FILE (PDF) TO BE THE SAME AS RECEIVING TWO (2) COPIES OF THIS AGREEMENT. THE TERMS AND CONDITIONS SET FORTH IN PARAGRAPHS 8 THROUGH 29 ON THE REVERSE SIDE OF THIS AGREEMENT ARE INCORPORATED HEREIN AND BY REFERENCE ARE MADE APART HEREOF. 6. THIS MESSAGE APPLIES TO DOOR-TO-DOOR RESIDENTIAL SALES ONLY: YOU THE SUBSCRIBER MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE PARAGRAPH 28 ON REVERSE SIDE FORAN EXPLANATION OF THIS RIGHT. 7. PFP'S LIABILITY/DISCLAIMER OF WARRANTIES: PFP DOES NOT REP- RESENT OR WARRANT: THAT THE ALARM SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED; OR THAT THE SYSTEM WILL PREVENTANY LOSS BY BURGLARY, HOLD-UP, FIRE, OR OTHERWISE, OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTEC- TION FOR WHICH IT IS INSTALLED OR INTENDED. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT PFP HAS MADE NO REPRE- SENTATIONS OR WARRANTIES, NOR HAS SUBSCRIBER RELIED ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. SUBSCRIBER FURTHER ACKNOWLEDGES: THAT PFP IS NOT AN INSURER, THATSUBSCRIBERASSUMES ALL RISK FOR LOSS OR DAM- AGETO SUBSCRIBER'S PREMISESORTOTHE CONTENTS THEREOF. SUBSCRIBERACKNOWLEDGES THAT HE HAS READAND DISCUSSED PARAGRAPHS 17AND 18 REGARDING PFP'S LIMITATION OF LIABILITY AND RIGHT OF INDEMNIFICATION WITH PFP'S AGENT. SUBSCRIBER UNDERSTANDS THAT SUBSCRIBER MAY OBTAIN A HIGHER LIMITA- TION OF PFP'S LIABILITY BY PAYING AN ADDITIONAL CHARGE. By X Dav&atf ate J[6K Print Name _ Lithyi i Gley,%-N 5 Approved' Dayt ion Hamblen, Fire Alarm Operations Title ev, Date Signed Authunted Offimr ❑ Corporation; ❑ artnership; ❑ Sole 11x{Prottprietorship X'Other (describe) J."If- L PA1__ THIS AGREEMENT SHALL NOT BE BINDING UPON PFP UNLESS APPROVED IN WRITING BY AN OFFICER OF PFP. IN THE EVENT OF NONAPPROVAL. THE SOLE LIABILITY OF PFP SHALL BE TO REFUND TO SUBSCRIBER THE AMOUNT THAT HAS BEEN PAID TO PFP BY SUBSCRIBER UPON THE SIGNING OF THIS AGREEMENT. 8. FALSE ALARMS: In h6 event an ex:esshwiumber offal seal arms are cause* SubsCripOf; carrikessneK malicious wtion, or accdentdl useef the alarm system, PFP maylp its use dlscre- bon deem same to be material breach of this Agreement on the part of Subscriber and, at its option, in addition to all other tagafrvitti set forth below, be excused from further performance upon the givingoften(10)dayswdlltlnnoicetoSubscriber.PFP'sexcusefromperformarga W. not affect its right to recover damages from Subscriber. In the event a fine, penalty, or fee is assessed aging PFP try any govemmeri ormml cipal agency as a result of any alarm originating from Sabi ber's premises, SuWberagrmto forthwith reimburse PFP for same. 9, INTERRUPTION OF SERVICE: PFP assumes no liability for interruption of monitoring service due to strikes, riots, Floods, storms, earthquakes, fires, power failures, insurrectlon, interruption or unavailability of telephone service, acts of God, or for any other cause beyond the control of PFP and will not be required to supply monitoring service to Subscriber while interruption of service due to any such cause may continue. 10. SUSPENSION OR CANCELLATION OF THIS SYSTEM: This Agreement may be suspended or cancelled without notice at the oplion of PFP, if PFP's, the Remote Facilities' or Subscriber's premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event PFP is unable to render service as a result diary action by any governmental authority. 11. INCREASE IN TAXES, UTILITY CHARGES OR MONTHLY SERVICE: PFP shall have the nghL al any time, to increase the monthly charges provided herein to reflect increasp6 in federal, state and local lazes, utility chaWs including lesephone company line dm[ges, and municipal fees and charges, which rpinafter are impoW on PFP and which relate to the services provided under this Agreement; and Subscriber agrees to pay such increased monthly charges. 11.11n addition to the increases set forth above, but not more often than once during anYy twelve month periAd. PFP shall also have the nghl to inema;e themordhly charges called forduring B�iBna of(hisAgreementhyapercentageequalto1.51imasthepor[erllageincreaseintheDepaript 4(, LaborConsumerPnce Index, (all items), since the effeclivedate of this Agreementorsmce the date of the fastsuch increase pursuant to [his sub -paragraph (11 1), which everdale is later; and Subscnber agrees to pay such increased monthly charges 11.2 As an alWmative to sub -paragraphs (11) and (11 1), but not more often than once during any twelve month pare d, PFP shall havaihe option to increase the mon0lytharges provided herein by a percentage not to exceed 9 % per year since the dale of the last such increase pursuant to this sub -paragraph (11.2). Said 9 % peryear increase shall be in lieu of all other increases in such year provided for in sub -paragraphs (11) and (11.1). If Subscriber is unwilling to pay increases in monthly charges imposed pursuant to this sub -paragraph (11,2), and provided Subscriber is not then in default of any terms or condilions in the Agreement, or PFP is unwilling to rescind such increase. Subscriber may terminate this Agreement upon notice to PFP in writing within thirty (30) days from [he dale of PFP's written notice to Subscriber of increases being imposed pursuant to this srAperagraph (11.2). Sulesl ipers failure to no'dfy PFP in writing vydMn wid thirty (30) days shall Wh*lute Subscribers conwl to the incrsa s pursuant to this sub -paragraph (11.2). 12. SUBSCRIBER'S DUTIES AS TO USE OF SYSTEM: THE SUBSCRIBER SHALL CAREFULLY AND PROPERLYTESTTHE SYSTEM MONTHLY DURING THE TERM OF THISAGREEMENT. IF ANY DEFECT IN OPERATION OF THE SYSTEM DEVELOPS OR IN THE EVENT OF A POWER FAILURE OR OTHER INTERRUPTION AT SUBSCRIBER'S PREMISES, SUBSCRIBER SHALL NOTIFY PFP IMMEDIATELY. 11 AUTHORIZED PERSONNEL: Subscriber shall furnish a wntten list of names and phone num- bers of: a) all persons authorized to be in [he protected premises; b) all persons to be notified in the event of an alarm; and c) all persons authorized to cancel alarms and/or make changes to the account All authorized persons should be provided with a password for verification purposes. Changes to the above information shall be provided to PFP in writing, 14. TITLE TO RADIO MONITORING EQUIPMENT: Subscriber agrees that, except for the wiring installed inside the Premises and any lake over System (excluding the transmitting device and any touch screen panel orolher multimedia hub device provided by PFP and used with a takeover System), all equipment belongs to PFP unfit the initial 36-month agreement is fulfilled and will not be deemed fairers or in any way path of the Promises (collectively, the 'Company Equi5rt1unn unlessotherwwprovidedinvAi iyfheCompsnyuntilafterthe36-month agreement is fulfilled. 15- DELINQUENCY: RECONNECT CHARGES; NSF CHARGES: In the event any payment due hereunder is more than fifteen (15) days delini"nt, PFP may impose and collect a delinquency charge of one ana a half percent (1.5Y) per ri (18 % per annum) of 11ro amount of the dalia. quency or the maximum amount permitted by law which ever is the lesser. If the monitoring service is deactivated because of Subscriber's past due balance and if Subscriber desires to have the service reactivateo. Subscdberagrcesiopoyir aWvanos+.oPPPa reactivation chargeeti axed by PFP in a reasWmtie amount. The 5ubgnberagrees [a a 530 charge by PFP ifany of$uCuneer's payments are identified by the Subscriber's financial institution as Non -Sufficient Funds (NSF). 16. DEFAULT BY SUBSCRIBER: If Subscriber fails to pay any amount herein provided within thirty (30) days after the same is due and payable, or cancels monitoring services pnor to term as described in paragraph 2; or if any proceeding in bankruptcy, receivership or insolvency shall be commenced by or against Subscriber or Subscriber's property, or ifsubscnthav makes any as- signment for the benefit of creditors, PFP shall have the right but shall noise odigaledto exercise any one or more of the following remedies (a) Recover the existing amounts due from Subscriber and continue to monitor the system, in which case PFP shall be entitled to future period payments due under this Agreement for said services; andlor (b) Discontinue monilonng of the system upon ten (10) days whiten notice to Subscriber at Subscriber's address listed above, at which time, the monitoring amount due for remaining months of the agreement become immediately due and payable as liquidated damages for defaulting on the agreement 17. PFP IS NOT AN INSURER; LIMITATION OF LIABILITY: IT IS UNDERSTOODAND AGREED: THAT PFP 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 OR THE PROPERTY OF OTHERS LOCATED ON SUBSCRIBER'S PREMISES, THAT PFP MAKES NO GUARANTY OR WARRANTY, IN- CLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS THAT THE EQUIPMENT OR SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT OR AVERT. SUBSCRIBER ACKNOWLEDGES THAT IT IS IMPRACTICAL AND EX- TREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES, IF ANY, WHICH MAY PROXIMATELY RESULT FROM A FAILURE TO PERFORM ANY OF THE OBLIGATIONS HEREIN, INCLUD- ING, BUT NOT LIMITED TO INSTALLATION, SERVICE, MAINTENANCE OR MONITORING, OR THE FAILURE OF THE SYSTEM TO PROPERLY OPERATE WITH RESULTING LOSS To SUBSCRIBER BECAUSE OF, AMONG OTHER THINGS: THE UNCERTAIN AMOUNT OR VALUE OF SUBSCRIBER'S PROPERTY OR THE PROPERTY OF OTHERS KEPT ON THE PREMISES WHICH MAY BE LOST, STOLEN, DESTROYED, DAMAGED OR OTHERWISE AFFECTED BY OCCURRENCES WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT OR AVERT; THE UNCERTAINTY OF THE RESPONSE TIME OF ANY POLICE OR FIRE DEPARTMENT, SHOULD THE POLICE OR FIRE DEPARTMENT BE DISPATCHED AS A RESULT OF A SIGNAL BEING RECEIVED OR AN AUDIBLE DEVICE SOUNDING; THE INABILITY TO ASCERTAIN WHAT PORTION, IF ANY, OF ANY LOSS WOULD BE PROXI- MATELY CAUSED BY PFP'S FAILURE TO PERFORM OR BY ITS EQUIPMENT'S FAILURE TO OPERATE; AND THE NATURE OF THE SERVICE TO BE PERFORMED BY PFP. SUBSCRIBER UNDERSTANDS AND AGREES THAT IF PFP SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO A FAILURE OF THE INSTALLATION, REPAIR SERVICE, MONITORING, SERVICE OR EQUIPMENT IN ANY RESPECT WHATSOEVER, PFP'S LIABIL- ITY SHALL BE LIMITED TO A SUM EQUAL TO THE TOTAL OF SIX (6) MONTHLY PAYMENTS OR TWO HUNDRED FIFTY DOLLARS ($250.00), WHICHEVER IS THE LESSER, AND THIS LIABILITY SHALL BE EXCLUSIVE, AND THAT THE PROVISIONS OF THIS SECTION SHALL APPLY IF LOSS OR DAMAGE, IRRESPECTIVE OF CAUSE OF ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSONS OR PROPERTY, FROM PERFORMANCE OR NONPERFOR- MANCE OF THE OBLIGATIONS IMPOSED BY THIS CONTRACT; FROM NEGLIGENCE, ACTIVE OR OTHERWISE, OF PFP, ITS AGENTS, SERVANTS, ASSIGNS OR EMPLOYEES; FROM STRICT LIABILITY IN TORT, OR FROM ANY IMPLIED WARRANTY. IF SUBSCRIBER WISHES, SUBSCRIBER MAY OBTAIN FROM PFP A HIGHER LIMITATION OF LIABILITY BY PAYING AN ADDITIONAL MONTHLY SERVICE CHARGE TO PFP. IF SUB- SCRIBER ELECTS TO EXERCISE THIS OPTION, A RIDER SHALL BE ATTACHED TO THIS AGREEMENT SETTING FORTH THE TERMS, CONDITIONS ANDAMOUNT OF THE LIMITED LIABILITY AND THE ADDITIONAL MONTHLY CHARGE, SUCH RIDER AND ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO MAKE PFP AS AN INSURER. 18. THIRD PARTY INDEMNIFICATION: When Subscriber ordinarily has the property of others in his custody, or the System extends to protect other persons or the property of others. Subscriber agrees to and shall indemnify, defend and hold harmless PFP, its employees and agents for and against all claims brought by parties other than the parties to this Agreement. This provision shall apply to all claims regardless of cause. including PFP's performance or failure to perform and Including installation, inspections, tests, repairservice, monitoring, ornon-operation of the System, whether based upon active or passive negligence, contribution, indemnification, warranty, or strict or product liability on the part of PFP, its employees or agents, but this provision shall not apply to claims for loss or damage which occur while an employee of PFP Is on or about Subscriber's premises, and are solely and directly caused by said employee. 19. LIMITATION ON ACTIONS; WAIVER OF JURY TRIAL: Both parties hereby agree that no suit or action that relates m anyway to [his Agreement (whether based upon contract, negligence or otherwise) shall be brought against the other mare than one (1) year after the accrual of the cause of action therefor. In addition, both parties hereby waive any rights to a jury trial in any judicial action brought by either party which relates in anyway to this Agreement (whether based upon contract, negligence or otherwise). 20. SUBROGATION: Subscriber hereby releases, discharges and agrees to hold PFP harmless from any and all claims, liabilities, damages, losses or expenses, arising from or caused by any hazard covered by insurance in or on the Subscriber's premise whether said claims are made by Subscriber, his agents, or insurance company or other parties claiming underar through Subscriber. Subscriber agrees to Indemnify PFP against, defend and hold PFP harmless from any action for subrogation which may be brought against PFP by any insurer or insurance company or ils agents or assigns including the payment of all damages, expenses, costs and attorney's fees Subscriber shall notify Subscribers insurance carrier or (he terms of [his provision. 21. GOVERNING LAW: Subscriber acknowledges that PFP is a corporation of the Slate of Wash- ington and therefore agrees that the law of the State of Washington shall govern this Agreement in all respects. 22. PURCHASE ORDERS: It is understood and agreed by and between the parties hereto that if there is any conflict between [his Agreement and Subscriber's purchase order, or any other document, this contract will govern, whether such purchase order or any other document is prior or subsequent to this Agreement. 23. ATTORNEY'S FEES, COST AND COLLECTION FEES: If PFP finds it necessary to use a collection agency to receive amount(s) due, then the Subscriberwill be obligated to pay any extra collection cosisdrhandling fees inaddition tothe amounl(s)due Illegal proceedings are necessary to collect amounts) due, then and in such proceedings the unsuccessful party shall also pay to the successful party reasonable attorney's fees and any associated costs where permitted by law. 24. ASSIGNEES Ali SUBCONTRACTORS OF COMPANY: PFPshall havethe nghttoassign this Agreement in whole or in part to any other person, firm or corporation and shall have the further right to subcontract any surveillance, monitoring, maintenance, patrol, emergency response, or otherservices which ilmayperform. SuIbsen beracknowledges IhatthisAgreement, and particularly [hose paragraphs relating to PFP's maximum liability, and third party indemnification, shall inure to [he benefit of and are applicable to any assignees and / or subcontractors of PFP, and that they bind Subscriber with respect to said assignees and I or subcontractors with the same force and effect as they bind Subscriber to PFP. 25. INVALID PROVISIONS: In the event any of the terms or provisions of this Agreement shall be declared to be invalid or inoperative, all of the remaining terms and provisions shall remain in full force and effect. 26. ENTIRE INTEGRATED AGREEMENT; MODIFICATION; ALTERATIONS; WAIVER: This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms thereof, and Subscriber has read and understands (his entire Agreement This Agreement supersedes all prior representations, understandings or agreements of the parties and the parties rely only upon the contents of this Agreement in executing it This Agreement can only be modified by a writing signed by the parties or their duly authorized agent No warverof a breach of any term orcondition of this Agreement shall be construed to be a waiver of any succeeding breach. 27. PARAGRAPH HEADINGS: The paragraph titles used herein are for the convenience of the parties only and shall not be considered construing the provisions of this Agreement. 28. NOTICE OF CANCELLATION FOR RESIDENTIAL SUBSCRIBERS: You, the residential Subscriber, may cancel this transaction, without any penally or obligation, within three (3) business days from the date on the front side of [his Agreement If you cancel, any property traded in, and payment made by you under the contract or sale and any negotiable instrument executed by you will be returned wi0in ten If 0) days following receipt by PFP of your cancellation notice and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to PFP, at your residence, in substantially as good condition as when received, any goods delivered to you under this Contract or sale, or you may, if you wish, comply with [he instruction of PFP regarding the return shipment of the goods at PFP's expense and risk If you do make the goods available to PFP and PFP does not pick them up within hventy (20) days of the date of your Notice of Cancellalon, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to PFP or if you agree to return the goods to PFP and fail to do so, then you remain liable for performance of all obligations under the Agreement. To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice, cr any other written notice, or send a telegram to: Patriot Fire Protection, Inc., 2707 70th Avenue E, Tacoma, WA 98424. I hereby cancel this transaction Initials. Dater 29. ENTIRE INTEGRATED AGREEMENT; MODIFICATION; ALTERATIONS; WAIVER: This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms thereof, and Subscriber has read and understands this entire Agreement. This Agreement supersedes all prior representations, understandings or agreements of the parties or their duly authorized agent. No waiver of a breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach I, the Subscriber, have read and accept this back side of this Agreement: i:ii....:G'k Date—lb-3 z3