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fs) MINUTEMAN",
security & life safety
> Minuteman Security & Life Safety T&C's
Minuteman’s Services results from Customer’s failure to provide reasonable access or due to the acts of negligence of others not under Minuteman’ direction.
TERMINATION: Minuteman may terminate this Agreement In the event of Customer's breach of any of its obligations, provided that Customer falls to cure such
breach within thirty (30) days from Minuteman’s written notice of the breach. In the event of Minuteman’s termination for Customer’s breach, Minuteman shall be
entitled to collect from Customer all amounts for Services performed up to the date of termination, plus any amounts for non-returnable or non-refundable materials
or contracts, and any demobilization costs. Minuteman may suspend its Services if there is any safety issue or if Customer fails to cooperate with Minuteman.
OPERATION: Customer shall be responsible for: {i} properly testing and setting the System on every closing and to properly turn off the System on each opening
(if applicable); (li) testing any detection device, or other electronic equipment designated in the Proposal prior to setting the System for closed periods; (iii) notifying
Minuteman promptly if such equipment fails to respond to the test; and (iv) using and operating the System and the equipment properly and in accordance with
proper operating procedures. Whenever Minuternan employees or authorized representatives are sent to the Customer's premises in response to a service call or
alarm signal caused by the Customer improperly following operating instructions or failing to close or properly secure a protected point, Customer shall pay an
additional service charge at Minuteman's prevailing rate per occurrence.
DELAYS; FORCE MAJEURE: Minuteman shall not be liable or responsible to Customer, not be deemed to have defaulted or breached this Agreement, for any
failure or delay in fulfilling or performing any terms of this Agreement, however caused, or for interruptions of service caused by strikes, riots, floods, acts of God,
fire, earthquake, explosion, government order, law, or action, , national emergency, revolution, insurrection, epidemic, pandemics, restraints or delays affecting
carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, power outage, loss of communication and or other signal
transmission lines, or by any event beyond the contro! of Minuteman.
EXCLUSIONS: Services to be provided by Minuteman pursuant to this Agreement do not include:
@ Repair of damage or increase in completion time caused by failure to continually provide a suitable operating environment for the System as prescribed
by Minuteman and/or the manufacturer of any equipment used in the System, including, but not limited to, the failure to provide, or the failure of,
adequate and regulated electrical power, air conditioning or humidity control; or such special requirements as contained in the Proposal hereto.
® Repair of damage or increase in completion time caused by use of the equipment for other than the ordinary use for which the equipment was designed
or purpose for which it was intended.
* Repair of damage, replacement parts (due to other than normal wear) or repetitive service calls caused by the use of unauthorized supplies or
equipment.
® Repair of damage or increase in completion time caused by: neglect or misuse, alterations, which shall include, but not be limited to, any deviation from
Minuteman's physical, mechanical or electrical machine design; attachments, which are defined as the mechanical, electrical or electronic
interconnecting to non-Minuteman equipment and devices not supplied by Minuteman.
ADDITIONAL CHARGES: Unless otherwise specified in the Proposal, service charges for the System are based upon coverage during “normal business hours of
operation.” Services performed outside this window, or as a result of the failure of the Customer to adhere to the requirements as specified by either the
manufacturer or outside the scope of the Agreement, shall be chargeable at Minuteman's prevailing rates. Customer shall not tamper with, adjust, alter, move,
remove, or otherwise interfere with equipment without Minuteman's specific permission, nor permit the same by third party. Any work performed by Minuteman to
correct Customer's breach of the foregoing obligation shali be paid for by Customer at Minuteman's prevailing rates. Remedial maintenance due to Acts of God or
events beyond the control of Minuteman shall be corrected by Minuteman and paid for by Customer at Minuteman's prevailing rates.
Minuteman shall have the right to increase or decrease the rates provided above at any time or times after the expiration of one year from the date Services are
provided under this Agreement, upon giving Customer written notice thirty (30) days in advance of the effective date of such increase or decrease.
MINUTEMAN'S LIMITS OF LIABILITY: Customer understands that Minuteman is not an insurer; that Customer is responsible for obtaining insurance for such
reasons or purposes, including theft and vandalism, and in such amounts, as Customer shall determine. Customer further understands and agrees that the sums
payable hereunder to Minuteman are based upon the value of Services offered and equipment value provided and such sums are not related to the value of
property belonging to Customer or to others located on the Customer's premises. To the maximum extent permitted by law, Customer shall not seek indemnity
under this Agreement from Minuteman, and specifically waives any rights for indemnity for any damages or losses caused by hazards to customers, invitees,
guests, or property of Customer or third parties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MINUTEMAN NOR ITS AFFILIATES SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT,
Quote #057623 v1 Page: 6 of 8