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ELC-13-0517Inspection Worksheet Miami Shores Village 10050 N.E. 2nd Avenue Miami Shores, FL Phone: (305)795 -2204 Fax: (305)756 -8972 Inspection Number: INSP - 187505 Permit Number: ELC -3 -13 -517 Scheduled Inspection Date: July 18, 2013 Permit Type: Electrical - Commercial Inspector: Devaney, Michael Inspection Type: Final Owner: MIAMI SHORES LLC, COCHRAN Work Classification: Addition /Alteration Job Address: 9705 NE 2 Avenue Miami Shores, FL Project: <NONE> Contractor: ADT LLC Building Department comments Phone Number Parcel Number 1132060134230 INSTALL ALARM SYSTEM Infractio Passed Comments INSPECTOR COMMENTS False 203 NE 97 ST VILLAGE SHOE REPAIR Inspecto . is Passed Failed Correction ❑ Needed Re- Inspection ❑ Fee No Additional Inspections can be scheduled until re- inspection fee is paid. July 18, 2013 For Inspections please call: (305)762 -4949 Page 2 of 20 • . F BUILDING Miami Shores Village Building Department 10050 N.E.2nd Avenue, Miami Shores, Florida 33138 Tel: (305) 7952204 Fax: (305) 756.8972 IN,SP,E�CTION'S PHONE NUMBER: (305) 762.4949 FBC 201 Permit No. C1,U C 1-9 - 75 1 PERMIT APPLICATION Master Permit No. Permit Type: Electrical / j JOB ADDRESS: (� ®� I l �T rE G� City: Miami Shores County: Miami Dade Zip: 3 3/3 S? Folio/Parcel #: _/ - _152 No— 613 y�0 Is the Building Historically Designated: Yes NO OWNER: Name (Fee Address: 1866 City: Tenant/Lessee Name: Email: Zone: CONTRACTOR: Company Name: `IU Phone #: Address: City: 1 m l OLNzs tate: Zip: Qualifier Name: /,�j Phone #: _ State Certification or Registration # ` Certificate of Competenc #: Contact Phone #: Email Address: smwmN DESIGNER: Architect/Engineer: Phone #: Value of Work for this Permit: $ ? 00 Square/Linear Footage of Work: Type of Work: ❑Address IV, lteration ®New ❑Repair/Replace ODemolition Description of Work: & k &�� �, <A_Q� submittal Fee $ °�� Permit Fee $ f 0010,0' CCF $ CO /CC $ Scanning Fee $ Radon Fee $ DBPR $ Bond Notary $ Training/Education Fee $ Technology Fee $ Double Fee $ Structural Review $ TOTAL FEE NOW DUE $ 7/ t Bonding Company's Name (if applicable) Bonding Company's Address City State Mortgage Lender's Name (if applicable) Mortgage Lender's Address zip 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. 9 "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 inspection wh* 14 u seven (7) days after the building permit is issued. In the absence of such posted notice, the inspection will no ro d a reinspection fee will be charged. Own er of ei The foregoing instrument was acknowledged before me this m day of MAZC-" , 20Z—by lltk�VQASAIL, , Signature Contractor The foregoing instrument was acknowledged before me this_ day of , 20 _, by ;j� �Yn ,p If who is_pgonally kno to me or who has produced who is personally known to me or who has produced As identification and who did take an oath. NOTARY PUBLIC: Sign: 4eac Printa�2o. �Vl @8�eaGQ�i My Commission Expires: .,. Structural Review (Revised 3 112/2012)(Revised 07 /10 /07)(Revised 06/10/2009)(Revised 3/15/09) My Commission Expires: ® ®' 1�9yj�'' ® -k Notice to Building Official of Use of Private Provider Project Name: 1 �1 C C � 11 �9 f C3 v-N .® Parcel Tax ID: 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, , the fee 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. 15`x' Street, Homestead, Florida 33030 Telephone: (305) 246 -0696 Fax: (305) 242 -3716 Email Address (Optional): mtcgmtcinspectors.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 pennit 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 conlpli11ncC I of 2 i The following attachments are provide as required: 1. Qualification statements and/or resumes of the private provider and all duly authorized representatives. 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 Print Corporation Name �? to Ar. By: (signature) Print -3a'S G Q� k54A Print Name: Name :_ Address.a,g3 O —Ms' s' Its: Address: Telephone No.: f Please use appropriate notary block. STATE OF _ COUNTY OF Individual Before me, this day of 20__, personally appeared _ who executed the foregoing instrument, and acknowledged before me that same was executed for the purposes therein expressed. Telephone No. (signature) Corporation Before me, this personally appeared Partnership Print Partnership Name By: (signature) Print Name: Its: Address: Telephone No.: Partnership _ day of Before me, this day —)20—, of 20`, personally appeared of partner /agent on behalf of Notary Public: NOTARY STAMP BELOW �'h' COn1111ISS1�11 Ctirlt'CS: GUSTAVO PEREZ MY COMMISSION ffi EE861731 EXPIRES Decembw 30, 201 to aor aeswsa of identification produced 2 of 2 Print Name corporation, on a partnership, who executed the behalf of the state corporation, who foregoing instrument and acknowledged executed the foregoing instrument and before me that same was executed for acknowledged before me that same was the purposes therein expressed. executed for the purposes therein expressed. Notary Public: NOTARY STAMP BELOW �'h' COn1111ISS1�11 Ctirlt'CS: GUSTAVO PEREZ MY COMMISSION ffi EE861731 EXPIRES Decembw 30, 201 to aor aeswsa of identification produced 2 of 2 Print Name Property Information Map 11by Aome Miami-Dade Florida MIAMI- Property Information Map Aerial Photography - 2012 0 114 ft This map was created on 2/26/2013 4:38:41 PM for reference purposes only. Web Site © 2002 Miami -Dade County. All rights reserved_ Page 1 of 1 Summary Details: Folio No.: 11- 3206 - 013 -4230 Property: 9705 NE 2 AVE Mailing COCHRAN MIAMI SHORES Address: LLC Beds /Baths: 1800 ELLER DR STE 212 FT Floors: LAUDERDALE FL Living Units: 33316- PrODerty Information: Primary Zone: 6100 COMMERCIAL - 2011 NEIGHBORHOOD $286,000 0009 MIXED USE - CLUC: RESIDENTIAL Beds /Baths: 0/0 Floors: 1 Living Units: 10 Ad' Sq Footage: 15.885 Lot Size: 13,000 SO FT Year Built: 1926 1 53 41 6 53 42 MIAMI SHORES SEC 1 AMD PB 10 -70 LOTS 13 & 14 Legal BLK 31 LOT SIZE Description: 100.000 X 130 OR 17224 -2398 1295 5 COC 26354 -0686 03 2008 5 Assessment Information: Year: 2012 2011 Land Value: $286,000 $286,000 Building Value: $539,333 $539,459 Market Value: $825,333 S825.459 Assessed Value: $825,333 $825.459 Taxable Value Information: Year: 2012 2011 Taxing Authority: Applied Exemption/ Taxable Value: Applied Exemption/ Taxable Value: Regional: $0/$825,333 $0/$825,459 County: $0/$825,333 $0/$825,459 City: $0/$825,333 $0/$825,459 School Board: $0/$825,333 $0/$825,459 Sale Information: Sale Date: 3/2008 Sale Amount: $0 Sale O /R: 26354 -0686 Sales Sales which are Qualification disqualified as a result of Description: examination of the deed http: / /glslms2 .miamidade.gov /myhome /printmap. asp? mapurl = http: / /gislms2.mlamidade.go... 2/26/2013 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Limited Liability Company COCHRAN MIAMI SHORES, LLC Document Searches Page I of 2 Forms Help Entity Name Search Submit This detail screen does not contain information about the 2013 -si Click the'Search Now' button to determine if the 2013 Annual Report has been filed. Search • Document Number L08000034368 FEI /EIN Number N/A Date Filed 04/03/2008 State FL Status ACTIVE Effective Date 04/03/2008 Principal Address 1800 ELLER DRIVE, SUITE 222 =T. LAUDERDALE FL 33316 hanged 02/16/2011 Mailing Address 1800 ELLER DRIVE, SUITE 222 FT. LAUDERDALE FL 33316 Changed 02/16/2011 Registered Agent Name & Address FITZGERALD PROPERTY MANAGEMENT 1800 ELLER DRIVE, SUITE 222 FT. LAUDERDALE FL 33316 Name Changed: 02/16/2011 Address Changed: 02/16/2011 a a er/ ember Detail Name & Address Title MGRM COCHRAN, JOHN B 43 LOOKOUT POINT ROAD http: / /sunbiz.org/ scripts /cordet.exe? action= DETFIL &inc_doc _number= L08000034368 &in... 2/26/2013 www.sunbiz.org - Department of State HULLS COVE ME 04644 Title MGRM COCHRAN, SHELIA S TRUSTEE 8205 KERRY ROAD CHEVY CHASE MD 20815 Annual Reports Report Year Filed Date 2010 04/01/2010 2011 02/1612011 2012 03/21/2012 Document Images 03/21/2012 -- ANNUAL REPORT e image In PDF format - 02/1612011 -- ANNUAL REPORT Uiewimag }n PDFformat 04/01/2010 -- ANNUAL REPORT View image in PDF format_; 02/19/2009 -- ANNUAL REPORT View image in PDF format 04/03/2008 -- Florida Limited Liability View image in PDF format Previous on List Next on List Return To List No Events No Name History I Home J Contact us j Document Searches l E- Filino Services l Forms i Help i Copvriahto and Privacv Policies State of Florida, Department of State Page 2 of 2 Entity Name Search Submit http : / /sunbiz.orglscriptsleordet. exe? action= DETFIL &inq_doc_ number= L080000343 68 &in... 2/26/2013 VILLAGE SHOE REPAIR 203 N.E. 97th ST MIAMI SHORES, FL Ph 305 - 751 -6941 Hours:Tue -Fri 8 -4:30 Sat 8 -Noon °'SMALL BUSINESS CONTRACT ��yG IIIIIIIIIIIII III III III IIIIIIII I� 54000E02 CONTA JOB SODDTE /m ACCOUNT NO m U CEE ©2012 ADT LLC dba ADT Security Services. 1 Of 6 or Administrative Copy All rights reserved. (10112) Section • • ADT LLC ("ADT"): Name dba ADT Security , Y Services �� " " � ' ( "Customer' or I' or ' me' or ' my' ) _ Office Address r! t o E Premises' -1 t } :Address C City LLI State ZIP Responsible I Party Name www.MyADT.com 800.ADT.ASAP® Protected Premises' O Traditional Phone O Other (Qualified) O Other (Non - Qualified) (800.238.2727) Phone (Required) ..... - -- Fill in if billing address is the same Billing Address Billing Pone ELI City State ZIP (Requih ed) IF FAMILIARIZATION PERIOD IS REJECTED INITIAL HERE (see Paragraph B3 of the Terms and Conditions for explanation) EMAIL a ....... __ .,_ Communications Authorization: I authorize ADT to provide me with information and updates about the security system and new ADT and third -party products and services to the contact information provided by me. I may unsubscribe or opt out by emailing donotcontact @adt.com or by calling 888.DNC4ADT (888.362.4238). Initial here If I have provided ADT with a phone number, including but not limited to a cell phone number or a number that I later convert to a cell phone number, I agree that ADT may contact me at this number. I also agree to receive calls and messages such as pre- recorded messages, calls and messages from automated dialing systems at the number(s) provided. Ownership of System and Equipment: O Customer -Owned W ADT -Owned Verticals O Retail O Business Services O Personal Services O Automotive/Transportation O Grocery /Food O Health Services O Restaurants O Wholesale O Other I acknowledge and agree to each of the following: (A) this Contract consists of six (6) pages. Before signing this Contract, 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 I manually test the alarm system monthly and any time I change telephone service, by calling 800.ADT.ASAR (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 Representa i e - � � �� 4 Rep. License No. Rep. �1 (If Required) ID No. Customer's Ap v I- riginal Signature Required �j NOTE .JSpecial Instructions /Directions /Cross Street) ©2012 ADT LLC dba ADT Security Services. 1 Of 6 or Administrative Copy All rights reserved. (10112) C reception of Customers premises. This service may include the recording of video during connection to Customer at the ADT CMC and may include audio recording from site during connected periods. Customer acknowledges this recording will be done and agrees to fully and conspicuously notify 54000E02 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, including 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 OR EXPENSE OF ANY AND EVERY KIND GROWING OUT OF OR BY REASON OF ANY VIDEO OR AUDIO RECORDINGS TAKEN BY SUCH VIDEOIAUDIO 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 LIMITED TO ANY CAUSE OF ACTION FOR PERSONAL INJURY, FALSE ARREST bf IMPRISONMENT OR MALICIOUS PROSECUTION, 7. Customer acknoAedges 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) ") including 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, S. 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 affix all such Signs at and upon each premises. Notwithstanding the foregoing, Customer shall be (and remain) responsible for the sufficiency 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) softtivare; (d) information; or (e) items acquired under this Contract to any country for which the United States Government (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 claims, 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 "commercial 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: 52.219-8; 52222 -26; 52222 -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. ADT'S 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, 1 IF NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH E, ADT IS FOUND LIABLE 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 10% OF THE ANNUAL SERVICE CHARGE OR $1,000, 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, ADT MAY ASSUME GREATER LIABILITY BY ATTACHING A RIDER TO THIS CONTRACT STATING THE EXTENT OF ADT'S ADDITIONAL LIABILITY AND THE ADDITIONAL CHARGES CUSTOMER PILL 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 SUBROGATIOG 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 POLICE 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 closed circuit television camera and will provide the 110 AC power supply where required as well as sufficient space for monitors. 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 Fire Departments or other agency and that the personnel of such Municipal 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. If 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, claims, 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. 1. SAFETY ACT WAIVER, CERTAIN OF ADT'S 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 EITHER 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 (i) 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 instal 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 behveen 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 govern 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, including 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 Customers account with ADT and as provided in this Contract. ADT may collect (including Customer's consent to record Customer's 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. 02012 ADT LLC dba ADT Security Services. All rights reserved of 6 (10/12) SMALL BUSINESS CONTRACT I II I IIIIIII III IIIIII�1 I�Ili�i III 54000E02 CONTRACT ATE m/ CCOUN NO ,NO m SOULEAD RCE Section • be Provided Alarm Monitoring and Notification Services j Monthly Service Charge i _ Monthly Service Charge -- _..... - -_ - -__ .. ....:_..... -- - - - -- ®Burglary (BA) On Site Services O Hold -up (HUA) O Guard Response O Interior O Exterior O Duress O Other 0 Two -way voice Total Monthly Service Charge - - -- --------- ---------- ------ J M. O Critical Condition Monitoring (CCM) _ Initial Fee O Flood OTemperature O Parallel Protection O Annual UL Certificate Fee 1 - ------------ I O ADT DataSource O ADT to obtain Electrical Permit 0 Open /Close Login O Municipal Electrical Permit O Customer to obtain and pay for initial /annual municipal alarm use permit. Failure to O Supervised Scheduled Open /Close 1 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 O Other i 4 Other Services Installation Price db Quality Service Plan (QSP) $ Taxable Amount (Leave blank if ADT Owned) ^O If Quality Service Plan (QSP) is Declined Customer Non-Taxable Amount (Leave blank if ADT Owned) ' must Initial here O Preventative Maintenance /Inspections Per Year Connection Fee 01 02 03 04 06 012 - - -- -- �m ., __.. -------------------- - -- __.._ _.. O Training Sales Tax on Installation* Tax Exempt No. _ O Direct Connection Services [Tax Expiration Date O Monthly Recurring Municipal Fee I Total Installation Charge* (Subject to change based on local law) - — - ---- - O Customer to obtain and pay for municipal E Deposit Received: 100% deposit required < $500 alarm use permit Minimum 50% deposit required $500+ '_. O Money Order O Check O Credit/Debit Card *If applicable sales tax not shown, it will be added to the first invoice, if Balance Due* not collected at the time of installation. Section • • • be installed Quantity Device Description Device Location .._. _.._.._:_ ------------- ------- ------------- ------ - -- ------------ ---- - - - i E E Estimated Installation J to 02012 ADT LLC dba ADT Security Services. 2 Of 6 All rights reserved. (10/12) Important Terms and Conditions (continued) o* her vehicle. At the conclusion of the representative's investigation, ADT will notify Customer's designated representative of the results of the 111111111111111111111111111111111 IIII 11111 IIII IIII investigation: 5400 U E02 • Level II —Interior Investigation: Upon receipt of a burglar alarm signal from Customer's premises, ADT, in addition to notifying the Police Department as indicated above, will endeavor to dispatch 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. Customers 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 art authorized known representative, and in such cases to indemnify ADT against airy liability, cost or expense in consequence of such arrest, ® If Customer requests thatthe ADT representative remain at the premises pending Customer's arrival, and ADT agrees to comply, Customer vrvill 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 Service or Watchman's Reporting Service, the service will be provided €n 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 241 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 Service 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 Customer's 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 LIABILITY OF 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 LIABILITY 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 LIMITATION DEFECT IN OR FAILURE OF EQUIPMENT PROVIDED BY THE DEALER ORANY 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 15 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' OBLIGATION UNDER THIS LIMITED WARRANTY IS LIMITED 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 OBLIGATION 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 IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY THAT THE CELLEMETRY PROVIDERS' PRODUCTS ARE FIT FOR ANY PARTICULAR PURPOSE. 10, ADT Select DataSource. " " – 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 ADT's 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 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 "Burglar" signal received from that location and then endeavor to notify the person(s) on Customer's Emergency Contact List, (ii) No criminal activity is taking place, ADT's response shall be limited to, at ADT's 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 Customer's Emergency Contact List or if ART 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 Customer's 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 Customer's 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 Clv1C or any other Services). A. Cancelled Installation. There may be a service charge to Customer for cancelled installation /service appointments if Customer cancels less 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 close 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 and /or local taxies), 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 tern, 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 such 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. 1 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: (I) ADT's CMC is substantially damaged by fire or catastrophe or if ART is unable to obtain any connections or privileges required to transmit signals between Customer's premises, ADT's CMC or the Municipal Fire or Police Department or other first responder; (ii) Customer fails to follow ADT's recommendations for the repair or replacement of defective parts of the System not covered under the Warranty or Maintenance Service /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, including 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 ADT's specifications, 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 QSP coverage if Customer uses non - conforming supplies, components or replacement parts in conjunction with the Equipment, 2. Special 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: (i) adequate illumination under all operational conditions for the proper operation of any video cameras) and (ii) 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 ADT's supplier(s) and is licensed or subiicensed to Customer on a non - exclusive 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 (I) assign, transfer, pledge, encumber, lease or relinquish possession or control of the Equipment; (ii) make or cause to be made any alteration, attachment or repair to the Equipment other than by ADT, or (iii) remove the Equipment froth 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 microphone(s) have unobstructed audio of 6 Terms and Conditions continue on accompanying sheets. (10/12)