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Town of Boston Highway-SOS FA Retrofit - CPQ-1236102 Johnson Controls Reference:CPQ-1236102 Proposal #: 1 Date: 04/07/2026 Page: 8 of 12 Customer’s behalf and, if so designated on the Contact/Call Monitoring Services allocable to the site where the incident List, are authorized to cancel an alarm prior to the notification occurred or two thousand five hundred ($2,500) dollars, as of authorities.Customer understands that local laws, ordinances agreed upon damages and not as a penalty, as Customer’s or policies may restrict Company’s ability to provide the alarm sole remedy. Suchsum shall be complete and exclusive. IN NO monitoring and notification services described in this EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE, Agreement and/or necessitate modified or additional services LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM ANY and related charges to Customer. Customer understands that SERVICING, ALTERATIONS,MODIFICATIONS, CHANGES, Company may employ a number of industry-recognized OR MOVEMENTS OF THE COVERED SYSTEM(S), AS measures to help reduce occurrences of false alarm signal HEREIN AFTER DEFINED, OR ANY OF ITS COMPONENT activations. These measures may include, but are not limited to, PARTS BY THE CUSTOMER OR ANY THIRD PARTY.In no implementation of industry-recognized default settings; event shall JCI and its affiliates and their respective implementation of “partial clear time bypass” procedures at our personnel,suppliers and vendors be liable to Customer or any alarm monitoring center and other similar measures at our sole third party under any cause of action or theory of liability, even discretion from time to time. THESE MEASURES CAN if advised of the possibility of such damages, for any (a) RESULT IN NO ALARM SIGNAL BEING SENT FROM AN special, incidental,consequential, punitive or indirect damages ALARM ZONE IN CUSTOMER’S PREMISES AFTER THE of any kind, including but not limited to damages; (b) loss of INITIAL ALARM ACTIVATION UNTIL THE ALARM SYSTEM IS profits, revenues, data,customer opportunities, business, MANUALLY RESET. Upon receiving notification from Company anticipated savings or goodwill;(c) business interruption; or (d) that a fire or gas detection (e.g. carbonmonoxide) signal has data loss or other losses arising from viruses, ransomware, been received, the responding authority may forcibly enter the cyber-attacks or failures or interruptions tonetwork systems premises. Cellular radio unit test supervision, if provided CUSTOMER OR ANY THIRD PARTY. COMPANY SHALL NOT underthis Agreement, provides only the status of the cellular BE LIABLE FOR INDIRECT, INCIDENTAL OR radio unit’s current signaling ability at the time of the test CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING communication based on certain programmed intervals and BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, does not serve to detect the potential loss of radio service at LOSS OF THEUSE, PERFORMANCE, OR FAILURE OF THE the time of an actual emergency event. Company shall not be COVERED SYSTEM(S)TO PERFORM. The limitations of responsible to provide monitoring services under this liability set forth in this Agreement shall inure to the benefit of Agreement unless and until the communication link between all parents, subsidiaries and affiliates of Company, whether Customer’s premises and Company’s Monitoring Center has direct or indirect, and each of their employees,agents, officers been tested. SUCH SERVICES ARE PROVIDED WITHOUT and directors. WARRANTY, EXPRESS OR IMPLIED,INCLUDING BUT NOT C. Indemnity, Insurance. Customer agrees to indemnify, hold LIMITED TO ANY IMPLIED WARRANTIES OF harmlessand defend Company against any and all losses, MERCHANTABILITY OR FITNESS FOR A PARTICULAR damages, costs,including expert fees and costs, and expenses PURPOSE. including reasonable defense costs, arising from any and all B Limitation of Liability; Limitations of Remedy. Customer third-party claims for personal injury, death, property damage understands that Company offers several levels of Monitoring or economic loss, arising in any way from any act or omission Services and that the level described has been chosen by of Customer or Company relating in any way to the Monitoring Customer afterconsidering and balancing various levels of Services provided under this Agreement, whether such claims protection afforded and their related costs. It is understood and are based upon contract, warranty, tort (including but not limited agreed by Customer that Company is not an insurer and that to active or passive negligence), strict liability or otherwise. insurance coverage shall be obtained by Customer and that Company reserves the right to select counsel to represent it in amounts payable to Company hereunder are based upon the any such action. Customer shall name Company, its officers, value of the Monitoring Services and the scope of liability set employees, agents, subcontractors,suppliers, and forth in this Agreement and are unrelated to the value of representatives as additional insureds on Customer’s general Customer’s property and the property of others located on the liability and auto liability policies. premises. Customer agrees to look exclusively to Customer’s D. No modification. Modification to Sections 18 B or C may only insurer to recover for injuries or damage in the event of any loss be madeby a written amendment to this Agreement signed by orinjury and that Customer releases and waives all right of both parties specifically referencing Section 18 B and/or C, and recovery against Company arising by way of subrogation. no such amendment shall be effective unless approved by the Company makesno guaranty or warranty, including any implied manager of Company’s Central Monitoring Center. warranty of merchantability or fitness for a particular purpose E. Customer’s Duties. In addition to Customer’s duty to that equipment or Services supplied by Company will detect or indemnify,defend, and hold Company harmless pursuant to this avert occurrences or the consequences there from that the Section 18: equipment or Service was designed to detect or avert. It is i. Customer agrees to furnish the names and telephone impractical and extremely difficultto fix the actual damages, if numbers of allpersons authorized to enter or remain on any, which may proximately result from failure on the part of Customer’s premises and/or that should be notified in the event Company to perform any of its monitoring obligations under this of an alarm (the Contact/Call List) and LocalEmergency Agreement. Accordingly, Customer agrees that Company shall Dispatch Numbers and provide all changes, revision and be exempt from liability for any loss, damage or injury arising modifications to the above to Company in writing in a timely directly or indirectly from occurrences, or the consequences manner.Customer must ensure that all such persons are therefrom, which the equipment or Service was designed to authorized and able to respond to such notification. detect or avert. Should Company be found liable for anyloss, ii. Customer shall carefully and properly test and set the system damage or injury arising from a failure of the equipment or immediately prior to the securing of the premises and carefully Service in any respect, Company’s liability with respect to test the system in a manner prescribed by Company during the Monitoring Services shall be the lesser of the annual fee for term of this Agreement. Customer agrees that it is responsible Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America © 2024 Johnson Controls Fire Protection LP. ALL RIGHTS RESERVED