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EL-13-61
Inspection Worksheet Miami Shores Village 10050 N.E. 2nd Avenue Miami Shores, FL Phone: (305)795 -2204 Fax: (305)756 -8972 Inspection Number: INSP - 184060 Permit Number: EL- 1 -13 -61 Scheduled Inspection Date: April 30, 2013 Inspector: Devaney, Michael Owner: Job Address: 201 NE 95 Street Miami Shores, FL 33138 -0000 Project: <NONE> Contractor: ADT LLC Permit Type: Electrical - Residential Inspection Type: Final Work Classification: Addition /Alteration Phone Number (305)756 -3711 Parcel Number 1132060133920 Building Department Comments INSTALL BURGLAR ALARM Infractio Passed Comments INSPECTOR COMMENTS False Passed Failed Correction Needed Re- Inspection Fee No Additional Inspections can be scheduled until re- inspection fee is paid. Inspector Comments /77,-- 2°/5 April 30, 2013 For Inspections please call: (305)762 -4949 Page 8 of 20 Miami Shores Village Building Department 10050 N.E.2nd Avenue, Miami Shores, Florida 33138 Tel: (305) 795.2204 Fax: (305) 756.8972 INSPECTION'S PHONE NUMBER: (305) 762.4949 e i WO 5g— 733// 7% BUILDING JAN 1 Y: FBC 20 1 YO I Permt No.t' 1 1 PERMIT APPLICATION Master Permit No. Permit Type: Electrical /� JOB ADDRESS: 090/ iV 9 5- 0 eh / PO/ City: Miami Shores County: Miami Dade Zip: AP JO 8 Folio/Parcel #: /7 , ' iC.e, 06 1P/3 d"0 Is the Building Historically Designated: Yes NO Flood Zone: OWNER: Name (Fee Simple Titleholder): ?DV 6 Phone #: 330 7" Address: ?so ,c/e 2- ,Ve- . City: 572/-.r7/ ► State: Zip: 3313 6 Tenant/Lessee Name: Phone #: Email: CONTRACTOR: Company Name: ADT LLC Phone #: 9.514-- 2-64 —-27-33 10785 MARKS WAY MIRAMAR, FL 33025 City: p State: Zip: Qualifier Name: ei ;Y /'� //% �_ �f t Phone #: State Certification or Registration #: e-----060(9 / /c)– / Certificate of Competency #: Contact Phone #: Email Address: DESIGNER: Architect/Engineer: Phone #: Address: Value of Work for this Permit: $ - 99. a 0 Square/Linear Footage of Work: Type of Work: Address Alteration Description of Work: - / 1 UNew DRepair/Replace Demolition ** * * **** **********,x,x, *** * ** * * * * **,x***** Fees * ** *** ** * * *** *** ** * * * * ** ** *** * * * **** * * *** ** Submittal Fee $ Permit Fee $ /.6>C2 ° CCF $ CO /CC $ Scanning Fee $ Radon Fee $ DBPR $ Bond $ Notary $ Training/Education Fee $ Technology Fee $ Double Fee $ Structural Review $ TOTAL FEE NOW DUE $ . Bonding Company's Name (if applicable) Bonding Company's Address City State Zip Mortgage Lender's Name (if applicable) Mortgage Lender's Address City State Zip Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS and AIR CONDITIONERS, ETC OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." Notice to Applicant: As a condition to the issuance of a building permit with an estimated value exceeding $2500, the applicant must promise in good faith that a copy of the notice of commencement and construction lien law brochure will be delivered to the person whose property is subject to attachment. Also, a certified copy of the recorded notice of commencement must be posted at the job site for the first insp, on whic :ccurs seven (7) days after the building permit is issued. In the absence of such posted notice, the inspection not • approved % ' a reinspection fee will be charged. Sign r I I.Ji r or Agent The foregoing i strument was acknowledged before me this g day of SAL , 20 13, by +Le re 54 tat CC14 ryti'S , who is personally known to me or who has produced Otl tVe.r3 �.v Geity -2• NOTARY P_4V IC: As identification and who did take an oath. int: My Commi P NoM PuieSt,{ rift de Jesus A • ve . sMy ConmIeelon EE146016 o .. ro Expires 11/14/2015 APPROVED BY // Ar. iv* / 9 Plans Examiner Zoning Signature'' Contra or The foregoing instrument was acknowledged before me this 9 day of .r -G�9U4 1 0 Z, by (iir�r ∎/17lr1el-! who is personally known to me or who has produced as identification and who did take an oath. NOTARY PUBLIC: Sign: Print: My Commission Exp. Structural Review (Revised 3 /12/2012)(Revised 07 /10 /07)(Revised 06/10/2009)(Revised 3/15/09) Clerk da `��r'' 6 titer � _tO Building Official of Use of Private Provider 6wP y .1a8Aib 073 3 L ” Project Name: _ ■ I Parcel Tax ID: &ri6,- A/0 /yet 673 Services to be provided: Plans Review Inspections X Note: If the notice applies to either private plans review or private inspection services the Building Official may require, at his or her discretion, the private provider be used for both services pursuant to Section 553.791(2) Florida Statute. I,gmrev; tAeeM,i eefe,e owner, affirm I have entered into a contract with the Private Provider indicated below to conduct the services indicated above. Private Provider Firm: MTCI Private Provider Services Private Provider: Lester Triana Address: 97 N. E. 15th Street, Homestead, Florida 33030 Telephone: (305) 246 -0696 Fax: (305) 242 -3716 Email Address (Optional): mtc @mtcinspectors.com Florida License, Registration, or Certificate #: PE65707 I have elected to use one or more private providers to provide building code plans review and/or inspection services on the building that is the subject of the enclosed permit application, as authorized by s. 553.791, Florida Statutes. I understand that the local building official may not review the plans submitted or perform the required building inspections to determine compliance with the applicable codes, except to the extent specified in said law. Instead, plans review and/or required building inspections will be performed by licensed or certified personnel identified in the application. The law requires minimum insurance requirements for such personnel, but I understand that I may require more insurance to protect my interests. By executing this form, I acknowledge that I have made inquiry regarding the competence of the licensed or certified personnel and the level of their insurance and am satisfied that my interests are adequately protected. I agree to indemnify, defend, and hold harmless the local government, the local building official, and their building code enforcement personnel from any and all claims arising from my use of these licensed or certified personnel to perform building code inspection services with respect to the building that is the subject of the enclosed permit application. I understand the Building Official retains authority to review plans, make required inspections, and enforce the applicable codes within his or her charge pursuant to the standards established by s. 553.791, Florida Statutes. If I make any changes to the listed private providers or the services to be provided by those private providers, I shall, within 1 business day after any change, update this notice to reflect such changes. The building plans review and/or inspection services provided by the private provider is limited to building code compliance and does not include review for fire code, land use, environmental or other codes. 1of2 1.11C It'I It) 11 Ili , <111,IcI] 1C1-its ;ire pr \ iJc ,ti rcL11!1 red s 11U�l�11ication statements Jai or representatives. I'�'i11111C� ;)t 1110 (?rl\;ilc provider and ail dui■ autliori /Coil 2. Proof of insurance for professional and comprehensive liability in the amount of $1 million per occurrence relating to all services performed as a private provider, including tail coverage for a minimum of 5 years subsequent to the performance of building code inspection services. Individual Corporation Partnership Print Corporation Name By: ignat e) (signature) rint Print Named41.ere.54 C 14C CA -e Name: Address: 2to I gat, 2s fs 1144 540re.S R.33r 3k Telephone No.: GOS 1 75 7- '330 7 Please use appropriate notary block. STATE OF Flo I�Ck•� COUNTY OF 1j»e Individual Before me, this I- day of —CA j , 20 personally appearedl..ey4 54 dC*.asi'St€ • who executed the foregoing instrument, and acknowledged before me that same was executed for the purposes therein expressed. Personally Its: Address: Telephone No. Corporation Before me, this personally appeared Print Partnership Name By: (signature) Print Name: Its: Address: Telephone No.: day of 20, of ,a corporation, on behalf of the state corporation, who executed the foregoing instrument and acknowledged before me that same was executed for the purposes therein expressed. Partnership Before me, this day of , 20, personally appeared partner /agent on behalf of a partnership, who executed the foregoing instrument and acknowledged before me that same was executed for the purposes therein expressed. ; or Produced identification b ' Type of identification produced Mt t\le v5 I. ' \r ignature of otary Notary Public: NOTARY STAMP BELOW My commission expires: Notary Public State o, Jesus A Olive My Commission Er 6 Expires 11/14/2r 2 of 2 '5e 5vS Print Name Miami -Dade My Home My Home Show Me: Property Information Search By: Select Item N Text only Property Appraiser Tax Estimator Property Appraiser Tax Comparison Summary Details: Folio No.: 11 -3206- 013 -3920 Property: 9501 NE 2 AVE Mailing ddress: DVS LLC 9400 NE 2 AVE MIAMI SHORES FL 33138- Property Information: Primary Zone: 6100 COMMERCIAL - NEIGHBORHOOD CLUC: 0013 OFFICE BUILDING Beds /Baths: 0/9 Floors: 1 Living Units: 0 Adj Sq Footage: 24,935 Lot Size: 40,200 SQ FT Year Built: 1949 $0/ $2,070,281 MIAMI SHORES SEC 1 City: AMD PB 10 -70 LOTS 12 Legal TO 17 INC BLK 29 LOT Description: SIZE 40200 SQUARE FEET COC 22525 -4024 07 2004 6 OR 27542- 4900 1210 05 Assessment Information: ear: 2012 2011 Land Value: $770,000 $770,000 Building Value: $1,300,281 $1,300,281 Market Value: $2,070,281 $2,070,281 ssessed Value: $2,070,281 $2,070,281 Taxable Value Information: Year: 2012 2011 61,600,000 Applied Applied Taxing Authority: Exemption/ Taxable Exemption/ Taxable sale, but transaction Value: Value: Regional. $0/ $2,070,281 $0/ 62,070,281 County: $0/ $2,070,281 $0/ 62,070,281 City: $0/ $2,070,281 $0/ $2,070,281 School Board: $0/ $2,070.281 $0/ $2,070,281 Sale Information: Sale Date: 12/2010 Sale Amount: 61,600,000 Sale O /R: 27542 -4000 Sales qualified at time of Sales sale, but transaction Qualification involved multiple parcels Description: with multiple tax identification numbers Page 1 of 2 ACTIVE TOOL- ;SELECT Aerial Photography - 2012 0 125 ft My Home 1 Property Information 1 Property Taxes 1 MV Neighborhood 1 Property Appraiser Home 1 Using Our Site I Phone Directory 1 Privacy 1 Disclaimer If you experience technical difficulties with the Property Information application, or wish to send us your comments, questions or suggestions please email us at Webmaster. Web Site ig 2002 Miami -Dade County. All rights reserved. http://gisims2.miamidade.gov/myhome/propmap.asp Legend Property Boundary Selected Property Street Highway Miami -Dade County Water 1/9/2013 www.sunbiz.org - Department of State 4 Page 1 of 2 Home Contact Us E- Filing Services Document Searches Previous on List Next on List Retum To List No Events No Name History Detail by Entity Name Florida Limited Liability Company DVS, LLC Filing Information Document Number L10000129579 FEI /EIN Number 800670481 Date Filed 12/20/2010 State FL Status ACTIVE Effective Date 12/17/2010 Principal Address 9541 NE 2ND AVENUE MIAMI SHORES FL 33138 US Changed 03/20/2012 Mailing Address 9541 NE 2ND AVENUE MIAMI SHORES FL 33138 Changed 03/20/2012 Registered Agent Name & Address CACCAMISE, THERESA 9541 NE 2ND AVE MIAMI SHORES FL 33138 US Address Changed: 03/20/2012 Manager /Member Detail Name & Address Title MGRM CACCAMISE, THERESA 9541 NE 2ND AVE MIAMI SHORES FL 33138 Title MGRM CACCAMISE, RICHARD 9541 NE 2ND AVE MIAMI SHORES FL 33138 Annual Reports Report Year Filed Date Forms Help Entity Name Search Submit ... _._......... . http:/ /sunbiz.org/scripts /cordet.exe? action = DETFIL& inq _doc_number= L10000129579 &inq... 1/9/2013 QN._ t1"1". 4 77 SMALL BUSINESS C k T1tACT CONTRACT DATE CUSTOMER ACCOUNT NO 1IIUll 11 II ni of in 11 JOB NO 0 LEAD SOURCE L Section 1. Customer Info ADT LLC dba ADT Security Services ( °ADT °) Office Address t1-e 0 f o 1(;) 1076-s n 4-s wily a9 I it P-m,— ( t. 302 K ) 30 ( ._'9 www.MyADT.com 1.800.ADT.ASAP® Business Name {°Customer° or °I° or "me" or °my °) , `` ' ``' v X44—r may- 4 i ,_ / : Premises` Address City Responsible Party Protected Phone . i; >� State o -",/ 5 %'e) l ' — ZIP Name (Required) �/ '� it � �. Premises' Traditional Phone 0 Other (Qualified) 0 Other (Non Qualified) 30 75 Gr3 p 0 3) f / 571 3 O Fill in if billing address is the same Billing Address City State ZIP Billing Phone (Required) IF FAMILIARIZATION PERIOD IS REJECTED INITIAL HERE (see Paragraph B3 of the Terms and Conditions for explanation) EMAIL Commun cations Authorization: I authorize ADT to provide me with information and updates about the security system and new. products and services to the contact information provided by me. I may unsubscribe or opt out by emailing donotcontact@adt.com 888.DNC4ADT (888.362.4238). Initial here ADT and third -party or by calling Confirmation of Appointments: I authorize ADT to call me using an automated calling device to deliver a pre - recorded message to set/confirm appointments and provide other information or notices about the alarm system at the telephone number(s) provided by me. Initial here Ownership of System and Equipment: 0 Customer -Owned 0 ADT -Owned Verticals 0 Retail 0 Business Services 0 Personal Services 0 Automotive/Transportation 0 Grocery/Food O Health Services 0 Restaurants 0 Wholesale 0 Other ' I acknowledge and agree to each of the following: (A) this Contract consists of six (6) pages. Before signing this CtPact, I have read, understand and agree to each and every term of this Contract, including but not limited to paragraphs C and E of the important terms and conditions. (B) The initial term of this Contract is three (3) years. (C) No alarm system can provide complete protection or guarantee /prevention of loss or injury. Fires, floods, burglaries, robberies, medical problems and other incidents are unpredictable and cannot always be detected or prevented by an alarm system. Human error is always possible, and the response time of police, fire and medical emergency personnel is outside the control of ADT. ADT may not receive alarm signals if communications or power is interrupted for any reason. (D) ADT recommends that l manually test the alarm system monthly and any time I change telephone service, by calling 1.800.ADT.ASAP. (E) This Contract requires final approval by an ADT authorized manager before ADT may provide any equipment or services, and if approval is denied, then this contract will be terminated, and ADT's only obligation will be to notify me of such termination and refund any amounts I paid in advance. ADT Representative , Rep. License No. � f ' Y f �� (If Required) Rep. ID No. L.. Customers ova al Signature Required III �f ri INSTALLER NOTES (Special Instructions /Directions /Cross Street) (o O'!f'9 -ea t0 el Fr9 of . e r I r Sir > ` 4~�t= r ,... ; d P r - ►" r rit a.°a - cap 0 0 , :, / ,. �. - _ ✓1 sf p 1 of 6 Administrative Copy ©2012 ADT LLC dba ADT Security Services. All rights reserved. (06/12) Important Terms and Conditions (continued) reception of Customer's premises. This service may include the recording of video during connection to Customer at the ADT CMC and may indude audio recording from site during connected periods. Customer acknowledges this recording will be done and agrees to fully and conspicuously notify their on -site personnel, employees and any other person on Customer's premises of this fact by legible signs and other approved communications. Customer shall indemnify and save harmless, and at its own cost and expense defend ADT from and against any and all damages, Liabilities and costs or expense of any kind growing out of or by reason of any photograph, video recording or audio recording, induding but not limited to causes of action for personal injury, false arrest, false imprisonment and malicious prosecution. IN ADDITION, CUSTOMER SHALL INDEMNIFY AND SAVE HARMLESS, AND AT ITS OWN COST AND EXPENSE DEFEND ADT FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITY AND COSTS QR EXPENSE OF ANY AND EVERY KIND GROWING OUT OF OR BY REASON OF ANY VIDEO OR AUDIO RECORDINGS TAKEN BY SUCH VIDEO /AUDIO EQUIPMENT OR FOR ANY REASON OUT OF THE RELEASE, REPRODUCTION, CIRCULATION, PUBLICATION OR EMPLOYMENT OF ANY SUCH VIDEO /AUDIO RECORDINGS BY ANYONE, INCLUDING BUT NOT UMITED TO ANY CAUSE OF ACTION FOR PERSONAL INJURY, FALSE ARREST OR IMPRISONMENT OR MALICIOUS PROSECUTION. 7. Customer acknowledges and agrees that (a) ADT may transmit, record, store, provide and receive unencrypted data and images via the Internet in the course of performing Services hereunder ( "Transmission(s) "), induding but not limited to live pictures and video of Customer's premises, and (b) ADT cannot (and does not) warrant, assure or guarantee the integrity, accuracy, confidentiality or security of any Transmission of or from any unauthorized or unexpected use, disclosure, corruption, interception or otherwise (collectively, "Security Risks) "). Customer hereby assumes and releases and discharges ADT of and from all Security Risks and any and all damages and liability therefor. 8. ADT may provide Customer with stickers, signs or other notices regarding the Services (collectively, "Sign(s) "), including but not limited to Signs indicating that ADT or Customer may be remotely monitoring or recording the premises. Customer shall prominently and permanently display and afro( ' all such Signs at and upon each premises. Notwithstanding the foregoing, Customer shall be (and remain) responsible for the suffidency and enforceability of such Signs. 9. Telecom charges, both installation and ongoing, for the delivery of ADT Interactive Video Monitoring Services are the sole responsibility of the Customer. 10. Export Control. Customer shall not export or re- export, directly or indirectly, any: (a) product or service provided under this Contract (b) technical data; (c) software; (d) information; or (e) items acquired under this Contract to any country for which the United States Govemment (or any agency thereof) requires an export license or other approval without first obtaining any licenses, consents or permits that may be required under the applicable laws of the U.S. or other foreign jurisdictions, including the Export Administration Act and Regulations, and shall incorporate in all export shipping documents the applicable destination control statements. Customer shall, at its own expense, defend, indemnify and save harmless ADT from and against all third -party daims, liability, loss or damage (including reasonable attorneys' fees and other defense costs), assessed against or suffered by ADT as a result of an allegation or claim of noncompliance by Customer with this paragraph. The obligations contained in this paragraph shall survive the termination or expiration of this Contract. 11. FARs. ADT supplies " commerdal items' within the meaning of the Federal Acquisition Regulation (FAR), 48 CFR Parts 1 -53. As to any Customer order for a U.S. government contract or funded directly or indirectly with federal funds, ADT will comply only with the following mandatory flow -downs for commercial item subcontracts pertaining to Utilization of. Small Business Concerns, Equal Opportunity, Affirmative Action and Veterans Employment: 52119 -8; 52.222 -26; 52.222 -35; 52.222 -36; and 52.222 -37. E. LIMITATIONS ON LIABILITY. 1. ADT IS NOT AN INSURER. THE AMOUNTS ADT CHARGES CUSTOMER ARE NOT INSURANCE PREMIUMS. SUCH CHARGES ARE BASED UPON THE VALUE OF THE SERVICES, SYSTEM AND EQUIPMENT ADT PROVIDES AND ARE UNRELATED TO THE VALUE OF CUSTOMER'S PROPERTY, ANY PROPERTY OF OTHERS LOCATED IN CUSTOMER'S PREMISES, OR ANY RISK OF LOSS ON CUSTOMER'S PREMISES. 2. ADrs SERVICES, SYSTEMS AND EQUIPMENT DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT. ADT MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES, SYSTEM OR EQUIPMENT SUPPLIED WILL DETECT OR AVERT SUCH EVENTS OR THE CONSEQUENCES THEREFROM. ACCORDINGLY, ADT DOES NOT UNDERTAKE ANY RISK THAT CUSTOMER'S PERSON OR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH CUSTOMER, NOT ADT. INSURANCE, IF ANY, COVERING SUCH RISK SHALL BE OBTAINED BY CUSTOMER. ADT SHALL HAVE NO LIABILITY FOR LOSS, DAMAGE OR INJURY DUE DIRECTLY OR INDIRECTLY TO EVENTS, OR THE CONSEQUENCES THEREFROM, WHICH THE SYSTEM OR SERVICES ARE INTENDED TO DETECT OR AVERT. CUSTOMER SHALL LOOK EXCLUSIVELY TO ITS INSURER AND NOT TO ADT TO PAY CUSTOMER IN THE EVENT OF ANY SUCH LOSS, DAMAGE OR INJURY. CUSTOMER RELEASES AND WAIVES FOR ITSELF AND ITS INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER FROM ADT ARISING AS A RESULT OF PAYING ANY CLAIM FOR LOSS, DAMAGE OR INJURY OF CUSTOMER OR ANOTHER PERSON. 3. IF NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH E, ADT IS FOUND UABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY DUE TO A FAILURE OF THE SERVICES, SYSTEM OR EQUIPMENT IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO '100/0 OF THE ANNUAL SERVICE CHARGE OR 51,000, WHICHEVER IS GREATER, AS AGREED UPON DAMAGES AND NOT AS A PENALTY, AS CUSTOMER'S SOLE REMEDY. THIS WILL BE THE SOLE REMEDY BECAUSE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY WHICH MAY RESULT FROM ADT'S FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THIS CONTRACT. IF CUSTOMER REQUESTS, APT MAY ASSUME GREATER LIABILITY BY ATTACHING A RIDER TO THIS CONTRACT STATING THE EXTENT OF ADT'S ADDITIONAL LIABILITY AND THE ADDITIONAL CHARGES CUSTOMER WILL PAY FOR ADT"S ASSUMPTION OF SUCH GREATER LIABILITY. HOWEVER, SUCH ADDITIONAL CHARGES ARE NOT INSURANCE PREMIUMS, AND ADT IS NOT AN INSURER EVEN IF IT ENTERS INTO SUCH A RIDER. 4. THE PROVISIONS OF THIS PARAGRAPH E SHALL APPLY NO MATTER HOW THE LOSS, DAMAGE OR INJURY OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO ADT'S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS CONTRACT OR FROM NEGLIGENCE (ACTIVE OR OTHERWISE), STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER ALLEGED FAULT ON THE PART OF ADT, ITS AGENTS OR EMPLOYEES. IF ANY OTHER PERSON, INCLUDING CUSTOMER'S SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST ADT IN ANY WAY RELATING TO THE SERVICES, SYSTEM OR EQUIPMENT THAT ARE THE SUBJECTS OF THIS CONTRACT, THEN CUSTOMER SHALL INDEMNIFY AND HOLD ADT HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS' FEES. 5. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST ADT OR ITS AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR PARENTS (BOTH DIRECT AND INDIRECT) MORE THAN ONE (1) YEAR AFTER THE INCIDENT THAT RESULTED IN THE LOSS, INJURY OR DAMAGE OCCURRED, OR THE SHORTEST DURATION PERMITTED UNDER APPLICABLE LAW IF SUCH PERIOD IS GREATER THAN ONE (1) YEAR. 6. THE PROVISIONS OF THIS PARAGRAPH E SHALL APPLY TO AND BENEFIT ADT AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT) AND AFFINITY MARKETERS. IF THIS CONTRACT PROVIDES FOR A DIRECT CONNECTION TO A MUNICIPAL POUCE OR FIRE DEPARTMENT OR OTHER ORGANIZATION, THEN THAT DEPARTMENT OR OTHER ORGANIZATION MAY ALSO INVOKE THE PROVISIONS OF THIS PARAGRAPH E AGAINST ANY CLAIMS DUE TO ANY FAILURE OF SUCH DEPARTMENT OR ORGANIZATION. F. VIDEO EQUIPMENT. Customer will provide adequate illumination under all operational conditions for the proper operation of the dosed circuit television ramie and will provide the 110 AC power supply where required as well as sufficient space for monitors. I G. DIRECT CONNECTION MONITORING. If this Contract provides for a direct connection to the Municipal Police, Fire Department or any other agency, it is Mutually understood and agreed that signals transmitted hereunder will be monitored in Municipal Police and/or Are Departments or other agency and that the personnel of such Munidpal Police and/or Fire Departments or other agency are not the agents of ADT, nor does ADT assume any responsibility for the manner in which such signals are monitored for the response, if any, to such signals. H. HAZARDOUS MATERIALS. In all cases except when the project involves new construction, Customer represents and warrants that, to the best of Customer's knowledge, the work site is free of any hazardous materials. The term "hazardous materials" shall include but not be limited to asbestos, asbestos - containing material, polychlorinated biphenyl ("PCB "), formaldehyde or other potentially toxic or otherwise hazardous material. 0 any such substance is discovered on the work site, ADT will not be required to install or service the Equipment at such site unless and until Customer certifies the removal or safe containment of such hazardous materials. Customer shall indemnify, defend and hold ADT, its officers, directors and agents harmless from any damages, daims, injuries or liabilities resulting from the exposure of ADT's employees, contractors or subcontractors to hazardous materials at the work site; provided, however, that the foregoing provision will not apply when it has been determined that such hazardous materials were brought to the work site by ADT. - I. SAFETY ACT WAIVER. CERTAIN OF ADTS SYSTEMS AND SERVICES HAVE RECEIVED CERTIFICATION AND /OR DESIGNATION AS QUALIFIED ANTI - TERRORISM TECHNOLOGIES ( "QATT") UNDER THE SUPPORT ANTI- TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES ACT OF 2002, 6 U.S.C. §§ 441 -444 (THE "SAFETY ACT "). AS REQUIRED UNDER 6 C.F.R. 25.4(E), TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADT AND CUSTOMER HEREBY AGREE TO WAIVE THEIR RIGHT TO MAKE ANY CLAIMS AGAINST THE OTHER FOR ANY LOSSES, INCLUDING BUSINESS INTERRUPTION LOSSES, SUSTAINED BY EFTHER PARTY OR THEIR RESPECTIVE EMPLOYEES, RESULTING FROM AN "ACT OF TERRORISM" AS DEFINED IN 6 C.F.R. 25.2, WHEN QATT HAVE BEEN DEPLOYED IN DEFENSE AGAINST, RESPONSE TO, OR RECOVERY FROM SUCH ACT OF TERRORISM. J. DELAYS. ADT assumes no liability for delays in installation of the Equipment or for the consequences therefrom, however caused, or for interruptions of service or for the consequences therefrom due to strikes, riots, floods, acts of God or any causes beyond the control of ADT, and will not be required to supply service to Customer while interruption of service due to any such cause shall continue. K. ASSIGNMENT; ENFORCEABILITY. This Contract is not assignable by Customer except upon written consent of ADT first being obtained. ADT shall have the right to assign this Contract or to subcontract any of its obligations under this Contract without notice to Customer. If any of the provisions of this Contract shall be determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. L. SYSTEM SOFTWARE; NETWORK CONNECTIONS. Any software provided with the System or in connection with the Services is proprietary to ADT and/or ADT's supplier(s) and is licensed or sublicensed to Customer on a non - exclusive basis. Customer may not (1) disclose the software or source code to any third parties, (ii) duplicate, reproduce or copy all or any part of the software or (iii) use the software on equipment other than with the designated System with which it was furnished. A separate Software License Agreement or End User License Agreement between ADT and/or the software publisher may be required to use the software and/or obtain updates/upgrades, If the installed Equipment is to be connected to Customer's computer network ( "Network "), ADT will furnish and install the software needed to run the Equipment and will connect the Equipment to the Network according to the Network settings supplied by Customer. Installation shall not include modifications to the Network, security or firewall settings. ADT shall not be responsible for the setup, operation or maintenance of the Network or Network performance or compatibility issues. ADT may assess additional charges if ADT is unable to connect to the Network or if any additional Equipment is required to facilitate connectivity between the Network and the Equipment M. ENTIRE AGREEMENT. This Contract constitutes the entire agreement between Customer and ADT. In executing this Contract, Customer is not relying on any advice or advertisement of ADT. Customer agrees that any representation, promise, condition, inducement or warranty, express or implied, not included in writing in this Contract shall not be binding upon any party, and that the terms and conditions hereof apply as printed without alteration or qualification, except as specifically modified in writing. The terms and conditions of this Contract shall govem notwithstanding any inconsistent or additional terms and conditions or any purchase order or other document submitted by Customer. N. ELECTRONIC MEDIA; PERSONAL INFORMATION. ADT may scan, image or otherwise convert this Contract into an electronic format of any nature. A copy of this Contract produced from such electronic format is legally equivalent to the original for any and all purposes, including litigation. ADT's receipt by fax of the Contract signed by Customer legally binds Customer and such fax copy is legally equivalent to the original for any and all purposes, induding litigation. The personal information about Customer and third parties that Customer provided to ADT is true and complete, and Customer will notify ADT without delay of any change to this information. Customer consents to ADT's use of Customer's personal information and that of third parties that Customer provided for the purpose of monitoring, setting up and administering Customer's security Services (including credit approval, invoicing, collection and to provide Customer with information on new services or equipment). Customer has obtained the, consent of the third parties, whose personal information Customer provided to ADT, to use such personal information for the administration of Customer's account with ADT and as provided in this Contract. ADT may collect (including Customers consent to record Customers telephone conversations with ADT representatives), use, disclose and transfer Customer's personal information, and that of third parties provided by Customer, to ADT's parents, affiliates, subsidiaries and its successor corporations, any sub - contractor or assignee of this Contract or any applicable authority having jurisdiction that requests such information to administer alarm monitoring services or alarm system license, permit or similar programs. ©2012 ADT LLC dba ADT Security Services. All rights reserved. 6 of 6 ;06112) .. SMALL BUSINESS CONTRACT CONTRACT DATE n CUSTOMER ACCOUNT NO 11 i m 7 JOB NO 0 LEAD SOURCE • •• '. - • •- • • Monthly Service Charge Monthly Service Charge Alarm Monitoring and Notification Services 0 Burglary (BA) $ a On Site Services 0 Guard Response O Interior 0 Exterior O Hold -up (HUA) 4 0 Duress $ O Other o Two-way voice Total Monthly Service Charge $ O Critical Condition Monitoring (CCM) 0 Flood 0 Temperature Initial Fee O Parallel Protection $ 0 Annual UL Certificate Fee O ADT DataSource $ 0 ADT to obtain Electrical Permit IlWiilGl , $' O Open/Close Login 0 Municipal Electrical Permit O Supervised Scheduled Open/Close 0 Customer to obtain and pay for initial/annual municipal alarm use permit. Failure to obtain and provide ADT with the municipal alarm use permit registration number could result in no municipal fire/police response to an alarm from the premises and/or a fine. O ADT Entry Solutions $ 0 Other Other Services Installation Price Quality Service Plan (QSP) $ kr P- Taxable Amount (Leave blank if ADT- Owned) O If Quality Service Plan (QSP) is Declined Customer must Initial here Non- Taxable Amount (Leave blank if ADT - Owned) $ O Preventative Maintenance/inspections Per Year. 01 02 03 04 06 012 $ Connection Fee 0 Training $ Sales Tax on Installation* 0 Direct Connection Services Tax Exempt No �,J ,a� R rti Tax Expiration Date 0 Monthly Recurring Municipal Fee (Subject to change based on local law) 0 Customer to Obtain and pay for municipal alarm use permit Total Installation Charge* .$ --" Deposit Received: 100% deposit required < $500 Minimum 50% deposit required $500+ 0 Money Order 0 Check 0 Credit/Debit Card *If applicable sales tax not shown, it will be added to the first invoice. Balance Due* Section 3. Quantity • • mi -1 • • - Device Description Device Location i Estimated Installation Start Date i !/ 9 3 2 of 6 02012 ADT LLC dba ADT Security Services. All rights reserved. (06/12) Important Terms and Conditions (continued) or her vehicle. At the conclusion of the representative's investigation, ADT will notify Customer's designated representative of the results of the investigation. • Level II — Interior Investigation: Upon receipt of a burglar alarm signal from Customers premises, ADT, in addition to notifying the Police Department as indicated above, will endeavor to dispatdi a representative. The representative will conduct an exterior investigation and then enter Customer's premises with keys that must be provided by Customer and make an interior investigation. However, if there is evidence of an attack, the ADT representative will terminate the investigation until the police arrive. Customer's representative will then be notified if there has been an attack. Otherwise, a notice of the alarm will be left at the control unit • For either level of investigation, Customer authorizes and directs ADT to cause the arrest of any person or persons unauthorized to enter the premises and to hold them until released by Customer or an authorized known representative, and in such cases to indemnify ADT against any liabilityy, cost or expense in consequence of such arrest • If Customer requests that the ADT' representative remain at the premises pending Customer's arrival, and ADT agrees to comply, Customer will be charged at ADT's then- current rate for such services. 8. Intrusion Detection or Watchman's Reporting Service. If this Contract provides for intrusion Detection Servke or Watchman's Reporting Service, the service will be provided in accordance with the terms of a separate Rider, which shall be attached hereto and made a part of this Contract. 9. Parallel Protection ®- If this Contract provides for Parallel Protection Services, Customer acknowledges that the alarm dealer with whom Customer has contracted (the °Alarm Service Provider') has contracted with CONNECT 24 Wireless Communications Inc ( "CONNECT 24 ") to transport alarm signals from Customer's premises to a monitoring station via a cellular communications network. The alarm signals are transported using a proprietary cellular technology developed by Cellemetry LLC and its affiliated companies (°Cellemetry") and known as the "Cellemetry Services," which utilizes certain other proprietary cellular technology developed by Bellsouth Wireless, Inc ("Bellsouth"). CONNECT 24 makes the Cellemetry Servke available to the Alarm Service Provider by contracting with cellular service providers operating cellular networks covering the location of Customer's premises ( "Associated Cellular Carriers "). CONNECT 24, Cellemetry, Bellsouth and the Associated Cellular Carriers are collectively referred to herein as the "Cellemetry Providers.' Customer acknowledges that Customers contractual relationship is with the Alarm Service Provider and not with any of the Cellemetry Providers and that the Cellemetry Service is provided by the Cellemetry Providers without warranty and subject to the following limitations of liability. EXCEPT AS LIMITED BY LAW, THE LIABILH YOF THE CELLEMETRY PROVIDERS FOR ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE CELLEMETRY SERVICE OR TRANSMISSION OF THE CELLEMETRY SERVICE OR FOR LOSSES OR DAMAGES ARISING OUT OF THE FAILURE OF THE CELLEMETRY PROVIDERS TO MAINTAIN PROPER STANDARDS OF MAINTENANCE AND OPERATION SHALL NOT EXCEED THE GREATER OF THE AMOUNT PAID BY THE CUSTOMER FOR THE CELLEMETRY SERVICE OR $250.00. NONE OF THE CELLEMETRY PROVIDERS SHALL HAVE ANY LABILITY FOR ANY MISTAKE, OMISSION, INTERRUPTION OR DEFECT THAT DOES NOT LAST FOR AT LEAST 24 HOURS. NONE OF THE CELLEMETRY PROVIDERS SHALL BE LIABLE FOR ANY MISTAKE, OMISSION, INTERRUPTION OR DEFECT IN. THE CELLEMETRY SERVICE CAUSED BY THE NEGLIGENCE OR WILFUL ACT OF THE DEALER, CUSTOMER, PARTIES OTHER THAN THE CELLEMETRY PROVIDERS OR WHEN CAUSED BY ACTS OF GOD, FIRE, WAR, RIOTS, GOVERNMENT AUTHORITIES, DEFAULT OF SUPPLIER OR OTHER CAUSES BEYOND THE CONTROL OF THE CELLEMETRY PROVIDERS, INCLUDING WITHOUT UMiTATION DEFECT IN OR FAILURE OF EQUIPMENT PROVIDED BY THE DEALER OR ANY PARTY OTHER THAN THE CELLEMETRY PROVIDERS. NONE OF THE CELLEMETRY PROVIDERS SHALL HAVE ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFAULT OR BREACH OF DUTY BY THE CELLEMETRY PROVIDER. THE CELLEMETRY SERVICE 5 PROVIDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY THAT THE CELLEMETRY SERVICE IS FIT FOR ANY PARTICULAR PURPOSE. ANY PRODUCTS MANUFACTURED BY CELLEMETRY PROVIDERS ARE SUBJECT TO THE FOLLOWING LIMITED WARRANTY: THE CELLEMETRY PROVIDERS' PRODUCTS ARE WARRANTED AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF ONE (1) YEAR FOLLOWING THE DATE OF PURCHASE. THE CELLEMETRY PROVIDERS' OBUGATiON UNDER THIS LIMITED WARRANTY IS UMITED TO REPAIRING OR REPLACING WITH RECONDITIONED PARTS, AT ITS OPTION, ANY PRODUCT PROVEN TO BE DEFECTIVE IN MATERIALS OR WORKMANSHIP UNDER NORMAL USE. DEFECTIVE PRODUCTS SHOULD BE RETURNED TO THE ALARM SERVICE PROVIDER TO OBTAIN WARRANTY SERVICE OR REPLACEMENT. THE CELLEMETRY PROVIDERS SHALL HAVE NO OBUGA T10N UNDER THIS LIMITED WARRANTY IF ITS PRODUCTS ARE ALTERED OR IMPROPERLY REPAIRED OR SERVICED BY ANY PARTY OTHER THAN THE RELEVANT CELLEMETRY PROVIDER. EXCEPT AS SET FORTH HEREIN, THE CELLEMETRY PROVIDERS ARE PROVIDING THEIR PRODUCTS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPUED, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY THAT THE CELLEMETRY PROVIDERS' PRODUCTS ARE FIT FOR ANY PARTICULAR PURPOSE. 10. ADT Select DataSource.sm — If purchased by Customer, the ADT Select DataSource will allow Customer to view their monitoring account activity online. 11. Interactive Video /Audio Alarm Verification. If purchased by Customer, ADT will provide CMC monitoring, consisting of a video and/or audio notification link, solely between those areas within the physical confines of Customer's premises to which the camera(s) has an unobstructed view and to which the microphone(s) has unobstructed audio reception ( °ADT Interactive Video Monitoring Services "). Upon ADrs receipt of electronic alarm signals from Customer's premises, ADT will endeavor as follows: (a) Upon receipt of a Hold Up Alarm signal from Customer's premises, ADT will endeavor to notify the appropriate law enforcement agency and report the signal under ADT's signal receiving and notification protocol as a "Hold Up" signal received from that location; (b) Upon receipt of a Burglar Alarm signal from Customer's premises and establishment of video and/or two (2) -way audio communication, and if ADT in its sole opinion determines, based on the video and/or audio communication, that (i) A criminal activity is taking place in Customers premises, ADT will endeavor to notify the appropriate law enforcement agency and report the signal under ADT's signal receiving and ratification protocol as a °Burglar" signal received from that location and then endeavor to notify the person(s) on Customers Emergency Contact List, (ii) No criminal activity is taking place, ADT's response shall be limited to, at ADTs sole discretion, endeavoring to make the following verbal statement or equivalent statements over the audio system: "This is security. Please state your name and business purpose at this location." 12. Password. ADT shall endeavor to obtain Customer's name and password. If the proper information is not received, ADT shall endeavor, at its sole discretion, to notify the appropriate law enforcement agency or, if directed in writing by Customer, to attempt to contact Customer and/or someone on Customer's Emergency Contact List by telephone/Two-Way Voice to confirm that the alarm is not false. If ADT fails to contact Customer or someone on Customers Emergency Contact List or if ADT questions the response it receives upon such contact, ADT shall endeavor to notify the appropriate law enforcement agency and then endeavor to notify the person on Customers Emergency Contact List If the proper password is received, ADT shall not be required to take further action, except to endeavor to notify the person(s) on Customer's Emergency Contact List ADT may, in its sole discretion, change the content of any audio statements or announcements set forth above and engage in dialogue with persons on Customers premises as and when ADT deems it warranted and ADT shall have no liability for any statements made, any dialogue conducted or for any delay in determining whether an activity is or is not criminal or a misinterpretation as to whether an activity is or is not criminal. C. TERM and PAYMENTS. 1. installation Charges. Customer agrees to pay ADT the Total Installation Charges, detailed on page one (1) of this Contract plus any applicable sales tax as a precondition to activation of the Equipment and/or System and, if applicable, connection to ADT's CMC or any other Service(s). A. Cancelled Installation. There may be a service charge to Customer for cancelled installation/service appointments if Customer cancels Tess than 24 hours prior to dispatch, or if ADT's representative is sent to Customer's premises in response to a service call for false alarm or System Malfunction caused by Customer's operation contrary to instructions, failure to dose or properly secure a window, door or other protected point, or improper adjustment of monitors or accessory components. 2. Term and Payments. For the Service(s) provided under this Contract, Customer agrees to pay, in advance, the Total Monthly Service Charge detailed on page one (1) of this Contract, plus applicable state andlor local tax(es), for three (3) year(s) (the °Initial Term ") and agrees that ADT has relied on Customer's three (3) -year commitment in deciding to enter into this Contract. The Initial Term shall begin on the date such Service is operative under this Contract. After the Initial Term, this Contract shall automatically renew on an annual basis unless terminated by either party upon written notice at least 30 days prior to the anniversary date. if Customer would like to discuss available options before terminating service, Customer can call ADT at 800.327.4348. If Customer fails to pay any amounts when due under this Contract, ADT shall have the right to charge Customer a late fee and/or interest on the unpaid amount. If Customer terminates the Contract during its Initial term, termination will be effective at the end of the subsequent monthly billing period following receipt of Customer's termination notice. Additionally, if Customer terminates this Contract during its Initial Term, or if ADT cancels this Contract during its Initial Term for a reason set forth in Paragraph C(4)(b) below, Customer agrees to pay, in addition to any outstanding fees and charges for Service(s) rendered prior to termination, 90% of the Annual Service Charge(s) remaining to be paid for the unexpired term of the Contract as an alternative to Customer having to pay the full remaining charge(s). This amount is a contract termination charge and is not a penalty. ADT shall have the right to increase Annual Service Charge(s) after one (1) year. Additionally, Customer agrees to pay any assessments, taxes, fees or charges imposed by any governmental body, telephone, communication or signal transmission company suds as false alarm, permitting or connection fees, or fees related to reprogramming alarm controls or other devices to comply with area code, signal transmission, numbering or other changes relating to the installed Equipment and/or Service(s) provided under this Contract. 3. Fees and Permits. If ADT is required to obtain any local permit or license to enable it to install the Equipment at Customer's site, Customer will reimburse ADT for any related fees or charges. 4. Cancellation. (a) ADT may cancel this Contract and discontinue any Service(s) if () ADT's CMC is substantially damaged by fire or catastrophe or if ADT is unable to obtain any connections or privileges required to transmit signals between Customer's premises, ADTs CMC or the Municipal Fire or Police Department or other first responder, (i) Customer fails to follow ADTs recommendations for the repair or replacement of defective parts of the System not covered under the Warranty or Maintenance Sendce/QSP; (iii) Customer's failure to follow the operating instructions provided by ADT results in an undue number of false alarms or System malfunction; or (iv) in ADT's sole opinion, the premises in which the System is installed are unsafe, unsuitable or so modified or altered after installation as to render continuation of Service(s) impractical or impossible. Under these situations described immediately above, ADT will not be liable for any damages or subject to any penalty as a result of any such cancellation, nor will ADT assess contract termination charges as described in Paragraph C(2) above. (b) If Customer fails to pay amounts when due, changes to a telephone/ communications service unsuitable for alarm signal transmission or fails to comply with any other obligation under this Contract, ADT may cancel this Contract and assess contract termination charges as described in Paragraph C(2) above. Customer agrees to pay all costs, expenses and fees of ADT's enforcement of this Contract, induding collection expenses, court costs and attorneys' fees (except in California, where both parties to this Contract agree to bear their own court costs and attorneys' fees). D. CUSTOMER RESPONSIBILITIES. Customer agrees to provide and be obligated by the following: 1. Site Preparation, Intrusion and Restoration. Customer will provide electrical power and materials necessary for supplying high voltage power to the Equipment in accordance with ADTs spedfications, telephone connections, network drops and any required conduit, wiremold or other raceway unless otherwise noted herein. Customer shall also be responsible for any required IP address assignments and additional network software licensing. The installation of Equipment may necessarily require cutting, bolting or fastening into Customer's floors, walls and/or ceilings. ADT shall not be responsible for any expenses related to patching, floor or wall finishing, or paint, tile, carpet or wallpaper matching, restoration or replacement resulting from installation or service of the Equipment ADT will not be responsible for degradation of the Equipment performance caused by interfering electrical emissions generated from the operation of auxiliary equipment or fixtures at or near Customers' location. ADT will not be liable for any loss, damage or injury to the Equipment, Customer, its employees or agents or any other person caused by the use of non-conforming supplies, components or replacement parts. ADT will not be required to make any adjustment, replacement or repair under any applicable warranty or Q5P coverage if Customer uses non- conforming supplies, components or replacement parts in conjunction with the Equipment 2. Spedal Equipment Requirements. If Customer requires installation or service of Equipment in areas inaccessible without the use of lifts or cranes, or if non - standard conditions at Customer site require special equipment for installation or service, Customer will either provide such equipment or will reimburse ADT for any applicable charges or fees. 3. Video Equipment. (a) Equipment Requirements. Customer will provide: (1) adequate illumination under all operational conditions for the proper operation of any video camera(s) and 0') the appropriate space for monitors and any recorders. (b) Audio Monitoring/Recording. Certain laws may limit or prohibit the use of video with audio. If Customer elects to install video with audio on its premises, Customer also accepts the responsibility of knowing and fully complying with all applicable laws. 4. Equipment Software. Any software provided with the Equipment or in connection with the Services is proprietary to ADT and/or ADTs supplier(s) and is licensed or sublkensed to Customer on a non - exdusive basis. Customer may not (a) disclose the software or source code to any third parties, (b) duplicate, reproduce or copy all or any part of the software or (c) use the software on equipment other than with the designated Equipment with which it was furnished. A separate Software License Agreement or End User License Agreement between ADT and/or the software publisher may be required to use the software and/or obtain updates/upgrades. 5. Ownership and Security of Equipment. Until Customer has paid ADT in full, Customer: (a) grants to ADT a security interest in the Equipment and all proceeds thereof, (b) will not () assign, transfer, pledge, encumber, lease or relinquish possession or control of the Equipment (it) make or cause to be made any alteration, attachment or repair to the Equipment other than by ADT; or (iii) remove the Equipment from the installed location; (c) will bear all risk of damage to, or loss or theft of, the Equipment while it is in Customer's possession or control; and (d) will hold the Equipment as personal property and not cause or permit any Equipment to become permanently affixed to any real property. 6. Because of the inherent possibilities of human error, mechanical and electrical defects, maladjustments and breakdowns, ADT cannot and does not guarantee or warrant the proper or effective working of the video and audio Equipment at all times. Customer shall be responsible for providing that the camera(s) have an unobstructed view and the mivophone(s) have unobstructed audio. It 1 D 11 5 of 6 Terms and Conditions continue on accompanying sheets. (06 /12)