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84-002 Bay Area Alarms "'ffait,Q1a2in Ca•.i- AGREEMENT Pb' 1 Of 2 A 7 0 New System 325 7TH STREET PD.BOX 2080 - ACCOUNT#f COMPANY OAKLAND,CALIFORNIA 94607 ®.AlteratlOn-Addlilon' ri (415)452-3211' ❑ New'Owner' 083-5O9 LEAD N CONSUMER AFFAIRS LICENSE ,Cancels Former Contract LA 000028 Old.Name SANE AQ# 12298. 'Old Rate, 95.25 ['Other SAN HOSE ALARM - 1018/76 User hereby authorizes Bay Alarm Company hereinafter Co, or assigns,to install, maintain,and service an alarm detectionor monitoring system under the following conditions and agrees to pay theinstallationcharge uponcompletion and the service charge in advance atCo's address for an initial period of five years.The Company shall thoroughly instruct the user in the,proper useof the alarmsyystem upon com etiob ne f the;88lasystem.;`.iter flys. initial period, .his Agreement shall ease r.5V ally renew risen- tar cuccc=5we:One yesr pzrto.3, an-ess,...0 t,sy peter V n,en 11071W. 1$Civet, fayy`� t °data arr' User CITY or L`UPERTmmO 4CIHALL)_ Grid 59/F5 Phone (40$) 252-4505 Address 10300 TOttItL AVENUE / TOM CENTER LANEcity CUPERTINO Zip 95014 - - GROSS STREET Monthly Service Charge$ _95.25_ Due(Quarterly I Aunoatlg};in advance.Installation Charge$ '°- of which.$ -O is due this agreement and balance of$' �- dueuponcompletion.User agrees to pay in addition to charges stated herein, all taxes„permits,fees;or any costs relating to this;system imposed by any governmental or regulatory body or increases inicharges made by the telephone company.User,understands there may be a one-time telephone company charge for installation of an interface jack.Protection to'consist of the following.only: TYPE SYSTEM DIGICON CENTRAL STATION 811].&CLAR/FIRE ALARM INST HOURS'. S. AM 5PM. 9 KEYS N/A UNITS Telco tag.is located at the .0 tr= • , tter in t e Tasemen WORK,ON THE,ALARM SYSTEM WILL BEGIN APPROXIMATELY ' AND BE SUBSTANTIALLY COMPLETED BY flMOVE: Two (2) key operated code-;transmitters INSTALL: • One (1) digicom central station communicate ir panel LEAVE AS IS: t $96m°H *8w&9EbIai4E4i3? ( !r - Fire: / 11 One (1) waterflow switch One (1) tamper switch for Post Indicator Valve One (1) pump failure device Burglar Alarm:, Four (4) microwaves' . Decals and signs *Upon consummation in full of this agreement., User is aware there is a direct charge from the telephone company for the installation' of an interface jack. (Have Pacific Telephone type system.) User will turn off heating and air conditioning during petted alarm system 19see eles=ast esite=fig=# 'g$ P to=tesb -zinspcee sh owner ' 'User-Wilt he-respanstbie-for' PCwP41oaillteaance-cf7t serL.15H. :zpment Bari aanm-6erepany-east;-ab-iteteltheAkfeetlen take..elebseft/2",.,,,,. - >r.-4 seeaaeet,--a °, preteeeien-ia-tke-ereae_-e4-exeessrve-twee-akarnas ' re - Continued - _ Co.makes no or implied warranties as to any matter whatsoever,including,without limitation the condition of theequipment,its merchant- , its fitness for any particular use-User acknowledges;that any affirmation of fact or promise made by Co:shall not beideemed to create an'. .express warranty;that User is not relying.on Co.'s skill or judgment In selecting or furnishing a system suitable for any particular purpose;and that there are'no,warranties which extend beyond those on the face of the agreement hereof.This agreement shall not be binding aeon Company unless approved in writing by an officer of theiCompany.In the event ofnonapproval;:the sole liability of they Company shall be to refund User theamount that has been(paid to Company by User upon the signing of this agreement, The reverse of this agreement is incorporated herein.'.User acknowledges and agrees that Co,is not an insurer and that.User assumes all risk or loss or damage t. his premises or r contents thereof. User acknowledges receipt of copy and that he has read and understands the reverse side of this agreemen�4 • that he has discussed paragraphs 4.and 5 regarding Company's$250.00 limitation of liability and has agreed'to amount set:forth herein. a. , MTIA Alarm mpapOp- -tors are licensed and regulated by the Bureau of Collection and Investigative Services.Any questions?once ning an Alarm. Company ope + may ge efered to the Chief, Bureau of Collection and Investigative Services, 192020th Street Sacrampq{ ,C la 95814. _ � dc�y RB 2904 i CI OF' CUYNatTINO ( A�' .2 ----- .-- "----^ Zl HALL) SALESMAN - AGENT NUMBER. — . /- USER , j , e i r'�^--I x--744(16?/dPACeid iv c1'i APPROVED AUTHORIZED AUTHORIZED SIGNATURE - - TITLE 1. .User agrees''To carefully and properfy test and set system,including walk test if movement detection devices are installed and wilt notify Co.`promptly of Any operating defect User hereby agrees that all equipment,devices, foil,wiring,and attachments thereto remain the sole-personal property of Co,all or any part thereof removable at expiration of this agreement or Open default In any of the terms herein witheut preludtce to collection of any email sums due under the en- tire contrae3'or extensionsl:thereof User agrees that'instalied,devices and equipment are not fixtures to his'premises. 2'. If it becomes necessay for Co to institute legal proceedingsto collect any..charges as:set forth herein,the unseccessful party shallpay to the successful party reasonable attorney's.:fees where,permitted bylaw._ 3: User agrees to pay Co.'s standard rate for past due or carrying charges if payments are not made on time or if installation charge re paid.on a periotfls'.payment plan.A reconnect charge7is to be paid by User If alarm is cut off because of a past due balance and User desires it reconnected..User is to receive no credit if system is temporarily cut off or out of service for any reason: A COMPANY ISNOT AN INSURER,LIQUIDATED DAMAGES;LIMITATION OF LIABILITY:N is understood and agreed ThatCo is not insurer,that insurance,if. d _ ___ __—_ :any,Shall be obtained'by the User,that the payments provided For herein are based solely on the value of the service asset forth herein and are unrelated to the value of the Users property or the property of ethers located on.Users premises; that Ge makes no guaranty Or warranty including any implied warranty of merchantability of fitness that the equipment or services supplied will avert or prevent occurrences or the consequences thoreftomwhich the system or sen. vice is designed to detect or avert User acknowledges that it is impractical and extremely difficult to fix the actualdamages, if any,which may proximately result from a failure to perform any of theobligationsaherein,or thefailure of thesystem to properly operate;with resulting loss to User because,of,.among other things: _ - _ _ :a, The'uncertain amount or value of Users property or the property of others kept on the premises which maybe lost,stolen destroyed,:damaged oiotherwise; affectedby occurrences which the system or service is designed to detect waved; b The uncertainty Of the response time:Of any police or fire department,should they be dispatched:as a result of asignal from or at:.premises c The inability to ascertain what portion,if any,of any loss would be proximate:«roused by Co's failure to perform or by its equipment to operate, d The nature of the service to be performed by Co.. 5, U er understands and agrees that d Co should be found liable for loss ordama a uue to failure of Co.to.perform anyof:the obligations herein,including,but 9 g9 not limited t5 Installation, maintenance monitoring or service or,the failure of the system or equipment in any respect whatsoever, Co'e liability shall be limited to a sum equal to the total of six(6)'monthly payments or Two Hundred Fifty($25a00)Dollars whichever Is the lesser,as liquidated damages and not as a ,analty andthis liability shell be exclusive,.and that the provisions of this Sectio^hall apply if loss or damage,irrespective of cause or origin,results direct- ly ar indirectly to persons or property,from performance or nonperformance of line obligations Imposed by this contract,et from negligence,active or other-, w=s Of Co.,.Its agents,assigns or employees. 6S If User wishes Co to assume a limited liability in lieu of liquidated damages as hereinabove set forth,User may obtain from Co.a limitation of liability by pay= ing an additional monthlyservice charge to Co If User elects to exercise this option,a rider shall be attached to this agreement setting.forth the terms condi- dans and the amount of the limited liability,and the additional monthly charge Such rider and additional obligation shall in no waybe'interpreted:to hold Co, as an insurer. 7, THIRD PARTY INDEMNIFICATION:When Subscriber!in the ordinary course of business has the property of others in hiscustody,or the alarm system extends. to protect property of others,Subscriber agrees to and shall indemnify,defend and hold harmless Company,'its employees and agents for and againstall claims. brought by parties otherthan the parties to this Agreement This provision shall apply to all claims regardless ofeau-Se including Company's performance or failure to perform and including defects in products,design installation,maintenance operation or nonoperation of the system whether based upon active'.or passive negligence indemnification contribution,warranty,or strict or product liability on the part of the Company,its':employees or.agents,but this provision shall not ap" ply to claims for Ipss or'oarfrege solely and directly,caused by,an employee of Company while on Subscriber§promises., 8 User agrees to be responsible for redecorating and all'other reasonable damages to premises caused by Installation maintenance,orremoval of alter any part of the system,User agrees to provide access to premises and to permit only authorized Co.agents to inspect,alter,remove adjusts service repair add devices; equipment;,or wiring,and agrees to reimburse Co:for loss of Of damage to;installed devices,;wiring,and equipment.: 9. Cost of unnecessary service or false,alarm calls caused Eby User and costs to repair or reinstall after fire;other casualties;painting,alterations,or costs other than for ordinary wear and tear,to be borne by User.If excessive false alarms are caused by carelessness,malicious or unintended use Of the alarm system,Co. may at its sole discretion, deem sameto be a material breach of contract on part of User and may be execused from further performance User agrees to eliminate conditions or factors interfering with the proper operation,of installed devices or which may cause false alarrhs. 10. Co reserves the right to aubstitue protective devices for those specified if theprotective.,effect is substantially equivalent The cost of any changes;and variances In the system as;herein contracted for or as'originally installed,made at the request ober made necessary or required by Users act,or which may be demanded by insurance interests,governmental agencies,or inspection and rating bureaus,are to be borneby User.User agrees that installations work Is to.'be done during,Co s regular.Work hourstandwilt provide electrical outlets and power required:at.his expense. 11:. In the event of an alarm'.signal from premises,Co agrees to transmit it to local police,fire department or persons designated by User:,:unless Ce.has reason to'. believe an emergency situation does not exist. IfCo:holds premises keys, it is hereby authorized to enter and make a visual inspection of the interior of the premises ori protected area:User hereby authorizes Co: at Co.'s'discretion,to cause the arrest of anyone found on the premises without authority to:enter and cause him to be held untit released by User or his representative.,User agrees thatrCo at its discretion may respond to alarm using Co personnel in addition to or in lieu of'police or Users•designated representative. - 12 Cu, is icr be kept informed in venting'by User of his daily and holiday opening and closing'schedule, if applicable,and of all persons authorizedto enter premises during his closed hours or who may be called in the event of an alarm signal from or at premises, User hereby authorizes Co to manually or automatically disconnect system, if so ordered by a.:pubttc official or regulation or for nuisance or eleCtrical reasons or if Co is unable to notify User at emercency numbers listed'.'or if User declines,or failsto arrive at,premises within 30 minutes after notification. User agrees to hold Coi , harmless and to demnrfy Co,'for any damage,loss or liability which may result from the turning off of the system.. IS Co is to be informed by User of omissions in protection or devices within five days of completion of Installation or the installation istobe considered com- pleted and:accepted by User. User acknowledges that{additional or different protective devices and services:are available'et additional cost and the system Las. agreed on herein is as selected'by User. 14. User acknowledges that all monthly or,quafterly'(hereinafter 'periodic")charges set forth herein are based upon existing;federal state and local taxes utility charges,including telephone company line charges,and labor service costs.Co:shall lave the'right„at anytime,to increase the monthly.charges provided herein. to reflect increases in such,taxes and utility charges:Not more.often.than once each'twelve months,Co shall also have theiright to increaseiperiodic charges pro. aided herein by a percentageequal to increase in the Department of Labor Consumer Price Index,San Francisco Oakland Area(all Items)since the effective date of this Agreement or since the date of the last snot-roost,of living increase pursuant to this paragraph,whichever date is later;:and User agrees to paysuch increased Monthly charges. NotWithstand"Ing any!other terms and'conditions set forth in this Agreement,sn that the Ca may properly adjust periodic charges to recover Increases in its services and;maintenance costs which are not recovered.by increase pursuant to.paragraph 14.1-above,at any after the ekpiration of one year fromthe dateof installation Co.may increase the monthly service charge to an amount exceeding the•charge,provided in paragraph 142 above upon giving the User noticeiin writing.If User'is unwilling:to pay such additional monthly charges:imposed pursuant to this subparagraph 14:2,User may terminate this Agreement upon giving notice to Co within thirty(30)days from the effective date of the increase:User'sfailure to notify the Co:withinSaid thirty(30)daysshall constitute Users consent to the increase pursuant to this subparagraph 142. - - 15: Should the whole or any part of the premises herein involved be acquired or condemned for any'.public or private use or purpose the entire remaining balanceof the'Initial pericd or extensions of this agreement shall immediatelybecome due and payable Co.assumes no liability for failure toperform because of labor trouble,riots;(floods,fires,acts of God,or any catastrophe or condition beyond)its control and is not required to perform work while any such condition exists: This agreement is not assignable by User-,without the written consent of Co.Co shall have the right to assign this agreement or subcontract any of the services it may perform.There are no verbal understandings changing or modifying this agreement. 16. It is understood and agreed by and between the parties hereto, that if there!is any conflict between this'agreement and User's purchase order, or any other document,this agreement will govern,:whether such:purchase order or other document is prior or subsequent to this agreement.In theevent any,provisions or pails of this contract shall be unenforceable the parties understand and agree that the remaining provisions and pads shall continue in full force and effect j7. Subsenberacknowledges that if Company utilizes a digital communicator for the:purposes of sending alarm:signals from Subscriber's premises to Company's. Central Station that the signals from Subscribers alarm system are sent over'Subscriber's regular telephone service In Company'. Central Station, and in the event'Subsenbers telephone service is out of order disconnected, placed on vacation or otherwise interrupted,s lin,.;if rcm Sul- ennuis alarm system. will nut be received in Company`s Central Station during,any such uitcrruption and the interruption will riot be known to Company Subscriber further acknowledges. end agrees that signals are sent over telephone company fines which are wholly beyond the control and jurisdiction of Cortipanyand are maintained and serviced by the applicable telephone company. - (Hit, Pg 2 of — BA Ai.aR.M CONTINUATION PAGE COMPANY - B1MC �••° CITY OF CUPERTINO (CITY HALL) ACCOUNT# 10300 TOR'RE AVENUE/TOWN CENIR LANE A83-509 maliaall." CUPERTINO, CALIFORNIA 95014 LEAD# Bay Alarm may. upon notifying user and giving user five (5) days to rorrect, discontinue monitoring, or disconnect and remove the communicator, in the event . we- iv - L - _ r' -y .y IS' - . .: . '• -qu pm-n-. - - -+I\{f�/�j�J Jna.L 'YA c ar : `n_^• v -- ! f44 / as_JY vJ E:I Gr. �% User is aware there is a three to four week backlog on installation of this system. User does not desire any additional alarm devices or services at this time. • • • BAY ALARM CO/ USER ., /7.1G riil fiB 2904 BY: t' DATE SIGNED: ,„/".".- �>✓- � DATE SIGNED: , / /6 4.1 1 • 4eat 14 tans&tim &n Pg 1 of AGREEMENT • BA ID New System, -'ALACCOUNT COMPANY 325 7TH STREET•P.O.BOX 2080 ® Alteration-Addition OAKLAND,CALIFORNIA 94607' - - A83-509 (415)452-3211 ❑ New Owner LEAD q CONSUMER AFFAIRS LICENSE *l7 Cancels Former[Contract LA000028 - Old Name SAME AQ#-- 12833 Old Rate 56.00 g.Other SAN JOSE ALARM — 5/23/80 User hereby authorizes..Bay Alarm Company hereinafter Ca, orassigns',to install,,maintain,and service analarm'detection or monitoring system under the following conditions and agrees to pay the installation charge upon completion and the service charge in advance atCo.'s address for an Initial period of five years:The Company shall thoroughly instruct the user in the proper use of thealarm systemupon completion of the alarm system. , Mier tiro initial period, Ibis Agreement shalt astc:nsikelly renew l3,„f for s'xcessive one year periods, unless 20 day,prior tiritken t nIUrry vRrNB(sItNIOR CITIZENS CENTER) 591E4, (408) 252-4505 User_ Grid Phone Address 21251 STEVENS CREEK BOULEVARD/NARY AVENUE City CUPERTINO Zip 95014 chess STREET 56.,00 - Monthly Service Charge$ _,- Due,(quarterlv�44FIr N95 in advances Installation Charge$ - - --0- of which$. 0- - is:due upon signing this'.agreement and:balance of.$ =0- due upon.completion.User agrees to pay In-addition to charges stated herein„ all taxes permits,fees;or any costs relating to thisSystem imposed by any governmental or regulatory body or increases'in chargesmade by the telephone company.User understands there maybe a one-time telephone company charge for installation of an Interface jack.Protection tO consist of the following only: TYPE SYSTEM DIGICOM CENTRAL STATIOUBWRUGLAR/EIRE ALARM INST HOURS 8 AM 5 PM #KEYS N/A UNITS. Telco tag is located at the old transmitter. WORKON-THE ALARM SYSTEM,WILL BEGIN APPROXIMATELY AND BE SUBSTANTIALLY COMPLETED BY ' REMOVE: Two (2) McCulloh transmitters INSTALL:. One (1) digicom central station communicate /fire panel LEAVE AS IS: (6UTSt R-04 m-iWI-FL`EUF _ Fire: One (1) waterflow switch One (1) tamper switch for' Post Indicator Valve Burglar Alarm: One (1) master ultrasonic w/,two (2) ultraen$utcttransceiverS & three (3) transducers One (1) local bell in housing - i,,,-, Decals and signs . *Upon consummation in full of this agreement. User is aware there is a direct charge from the telephone company for the installation of an interface jack. (Have Pacific Telephone type system.) User will turn off 'heating and air conditioning during period alarm system is s- + Ua..r-c ee&-not-desire-BarMe -Opja y--Pru-teed i 8-ein ed- .4 -4141 -U y -w H±-ire-respen silrle iNdr, Re.l;�.:nIltte+3t3ae -Users-ec fl�en , $ ik kyr A-1arm -easrr-ate its--so- -ki-s +-,-tade art-cam t-d ). .LI La_11-o tt-t a es est -of i_}Be e1,a e. `. - Continued - - . Co:makes no express orimplied warranties as to any Matter whatsoever,including,,wi hout limitation the condition of the equipment,its merchant- ability,orits fitness for,any particular use.User acknowledges:that any affirmation of fact or promisemade by Co,shall not be deemed to create an express warranty that User Is not relying on Co.'s skill,or Judgment iin selecting or furnishing a system,suitable for any particular purpose;and'that them areno warranties which extend beyond those,on,the face oftheagreement.hereof.This agreement shall not be binding upon Company unless approved in writing by an officer of the Company.in the event of nonapproval,:the soleliability of the Company shall be to refund User the amount that has been paid to Company by User upon the signing of this agreement. The reverse of this agreement Is incorporated herein;'User acknowledges and agrees that Co-is not an insurer and that User assumes all risk or loss or`damage rt♦o his premises or contents thereof. User acknowledges receipt of copy and that he has read and understands the reverse side of.this agreemen i, -f he has discussed;paragraphs 4 and 5 regarding Company's$250.00 limitation of liability and has agreed to amount set forth herein. S� L- IN Alarm Co parry operators are licensed and regulated by the'Bureau of Collection and Investigative-Services.Any questions'con erning an Alarm Company opepto ay be:referred to the Chief, Bureau of Collection and Investigative Services,192020th Street,Sacramep o, C_I1 rola 95$14., 1 Dato .1___ . .. _. --.... � fEC> /-,(J �,�-c w- - RB 2904 CITY- OF CUPERTINO (SEcTIOR CITIZENS CENTEF SALESMAN" / AGENT NUMBER USER r F_-'/ x d./ALL It _ (vee APPROVED --- A THORIZEO ID NATURE TITLE 3000(7/83) I. ,User agreesto carefully:and properly test and set system,including walk test,if movement detection devices are installed,and will-stratify C.promptly of any operating!defect.User hereby agrees that all equipment device%,Boil,wiring,and attachments thereto remain the sole personal property of Co,allor anyy pad thereof!removable at expiration of this agreement or upon default in any of the terms herein without prejudice to collection of any or all sums due under the en- tire contractor extensions thereof.User agrees that installed devices and equipment are not fixtures to his premises. '2. If it becomes necessary for Co: to.institute'legal proceedings to collect any charges as setforth'herein, the!unseccessful party Shall'pay to the successful party reasonable attorney's fees where permitted bylaw. 3. User agrees'to pay Co.'sstandard rate far past due or carrying,charges If payments are not made on time or if installation charge is paid on a periodicpayment plan.A reconnect charge Is to be paid by User if alarm is cut nff.because of a past due balance and.User desires it reconnected.User Is to receive no credit if system Is'temporarily cut off or out of service for any reason. 4. COMPANY IS NOT AN INSURER;'LIOUIDATED DAMAGES;:LIMITATION OF LIABILITY:It is understood and agreed:That Co,Is not.and nsureh that insurance,;rf ;any,shall be obtained by the User;that the payments,provided for herein are based solely on the valueof the service as set forth herein'iand areunrelated tothe value of the Users property or the'property of otherslocated'on'User's premises; that Co. makes,no guaranty or warranty, includingtany Implied warranty of: merchantability of fitness that the equipment orservices supplied will avert or prevent occurrences or the consequences therefrom which the system or ser- vice is designed to detect or avert. User acknowledges that It is impractical and extremely difficult to'fix the actual damages, if any,which may proximately. result from a:failure to perform any of(he obligations herein,or the failure of the system to properly operate with resulting loss to User because of among other things: a. The uncertain amount or value of User'spropertyor the'!properly'of others Kept on the premises which may be lost,stolen,destroyed;damaged or otherwise affected'by occurrences whichlthe system or service is designed to detect or avert; bThe uncertainty otthe response time of any police or fire department,should they be dispatched as a result of''a signal from or at'premises; C. The inability to ascertain what portion,if any,of.any loss:would be proximately caused by Co.'s failure to performor by its equipment tooperate; d, The nature of the service to be!performed by Co. 5. User understands and agrees that if Co.should be found'liable for or damage due to failure of,Co.to perform any of the,obligations herein,including but notlimited to!installation,maintenance; monitoring or service, or the failure of the system dr equipment!in any respect whatsoever, Co.'s liability shall be 'limited teasum equal to the total of six(6)monthly payments or Two Hundred Fifty($250.00)Dollars,whichever is the lessor,as liquidated damages and not as a penalty and this liabilityshall be exclusive,and that the provisions of this Section shall apply If loss or damage,Irrespective'of cause or origin,results direct- ly or indirectly to persons or property,from performance or nonperformance of the obligations Imposed by this contract,or from negligence active or other- wise,of Co:,its agents,assigns or employees. 6. If User wishes Co.to assume a limited liability In lieusof liquidated damages as hereinabove set forth,User may obtain from Co.a limitationofliability by!pay- ing an additional monthly service charge to Co.If:User elects to exercise thisoption,a rider shall be attached to this agreement setting forth the terms,condi- tions and the amount of the limited liability and the additional monthly charge.Such rider and additional obligation shall in no way by interpreted to hold Co. as an insurer. 7. THIRD PARTY INDEMNIFICATION:When Subscriber in.the ordinary course of business bas the property of others'in his custody,or the alarm system extends to protect:property of others,Subscriber agrees to and shall indemnify,defend and hold harmless Company,its employees and agents for and against ail claims. brought by parties other than the parties to this Agreement This provision shall apply to all claims regardless of cause including Company's performance or.failure to perform and including defects in products,design,installation,maintenance,operation or nonoperationof the system whether based upon active or.passive negligence,indemnification,contribution;warranty,or strict or product liability onthe part of the Company,its employees or agents„but this provision shall not ap- ply to:claims for loss or damage solely and directly caused'by an employee of Company while on Subscribers premises. '.6. User agrees to he responsible for.redecorattng and al"other,reasonable damages to premises caused by:installation;maintenance,dr removal of all or any part of the system.User agrees to provide access to premises and to permit only authorized Co agents to Inspect alter,remove,adjust service repair;;add devices, equipment,or wiring,and agrees to reimburse Co.for foss ofor damage to,installed devices,wiring,and.equipment. 9: Cost of unnecessary service or false alarm calls caused by User and costs to repair or reinstall after fire,other casualties,painting,alterations,or costs other than for ordinary wear and tear,to be borne by User.If excessive false alarms are caused by carelessness,malicious or unintended use of the alarm system,Co. may at its sole discretion; deem same to be a material breach sof contract on part of User and may be execused from further performance. User agrees.to .eliminate:conditions or factors Interfering with the proper operation,of installed devices or which may cause false alarms. 10. Co. reserves the right to;substitue protective device§ for those specified if the protective effect is substantially equivalent.The cost of any changes and' variances in the system as herein contracted for oras originally Installed,made,at the request.of or made necessary or required by Users act or which may be! demanded by insurance interests;,governmental agencies,or inspection and rating bureaus,are to be'borne by User.User agrees that installation work is to be done during,Co.'s regular work hpursand wilt provide electrical outletsand power required at expense: , , 11. In the event of an alarm signal from premises,Co.agrees to transmit it to local police,fire department or persons,designated by User,unless Co.,has reason to. believe an emergency situationdoes notexist.if Co. holds premises keys,it is hereby authorized to enter and make a visual Inspection of the interior of the premises or protected area:User hereby authorizes Co.,at Co.'s discretion,to cause the arrest of anyone found on the premises without authority to enter and cause him to be helduntil'.released by User or his representative User agrees that Ca,at Its discretion,may,respond to alarm using Co:personnel In addition'to or In lieu of:police or User's:.designated.representative., 12: Co. is to bekept informed in writing by User of his daily and holiday opening and Closing schedule,:It applicable, and of all persons authorizedtoenter premises during his closed hours or who may be called in the event of an alarm signal from or at premises. User hereby authorizes Co. to..manually or automatically'disconnect system, if so ordered by a public official or regulation or for nuisance or electrical reasonsor if Co..is unable to,notify User at emercency numbers listed or if User declines,or fails to arrive at premises within 30 minutes after notification. User agrees to hold.Co. harmless and toin- demnify Co.for any darriage,doss or liability which may result from the turning off of the system. 13: Co.Is to be informed by User of omissions in protection or devices within five days of completion of installation or the installation is to be considered com- pleted andaccepted by User- User acknowledges that additional cr different protective devices and serviices;,are available at additional cost and the system as, agreed on herein is as selecteB by!User. • 14: User acknowledges that all monthly or quarterly(hereinafter periodic )charges set forth herein are based upon existing federal,;state and local taxes,utility charges,including telephone company line charges;and labor service costs.Cor shall have the right at any time,to increase the monthly charges provided herein: to reflect increases in such taxes and utility charges.Not morsel ten than once each twelve months,Co.shall also have the right to increase periodic charges pro- vided herein ro- vided'herein by a percentage equal to increase In the Department of Labor Consumer Price Index,San Francisco,Oakland Area(all items)since the effective date of this Agreement or since the date of the last such cost of living Increase pursuanttothis paragraph,whichever date is later,and User agrees to pay such increased monthly charges. Notwithstanding any otherterms,and conditions set forth in this Agreement so that the.Co:may properlyadjust periodic charges to recover increases do Its !services and maintenance costs which are not recovered by Increase pursuant to paragraph 14.1 above,at any lime after the expiration of one year from the date of installation,Co.may increase the monthly service charge to an amount exceeding the charge;provided'.in paragraph 14.2°above,Upon giving the user notice in writing.If User is unwilling to pay such additional monthly charges imposed pursuant to thissub-paragraph 14:2,User may terminate this Agreement upon giving notice to Co.within thirty(30)days from the effective date of the increase.,User's failure to notify the Co:.within said thirty(30)days shall constitute User's consent to the increase pursuant to this sub-paragraph 14.2. 15: .Shouldthe whole or anypart of thepremises herein involved be acquiredor condemned for any public or private use or purpose,the entire remaining balance of the Initial period or extensions of this agreement shall immediately become due and payable.Co.assumes no liability for failure to.perform because oflabor trouble,riots,floods,fires,acts of God;or any catastrophe or condition beyond its control and is not required to perform work while any such condition exists. This agreement is not assignabie by User without the written consent of Co.Co.shall have the right to assign this agreement or subcontract any of theservices it may perform.There are no verbal understandings changing or modifying this agreement. - 16. It is understood and agreed by and between the parties hereto,that if there is any conflict between this agreement and User's purchase order, or any other document,this agreement will govern,whether suchpurchase order or other document Is prioror subsequent to this agreement In the event any provisions or parts of this contract shall be unenforceable the parties understand and agree that the remaining provisions and parts shall'continue in fullforce and effect. 17. Subscriber acknowledges that if Company utilizes a digital communicator for the purposes of sendingalarm:signals from,Subscriber's',premises toCompany's Central Station, that the signals from Subscribers alarm system are sent over Subscriber's regular telephone service to Company's Central Station,and to the event Subscriber's telephone service is out of order,.disconnected, placedon vacation or otherwise interrupted, signals from.Subscriber's alarm system will not be received in Company's Central.Station during any.such interruption and the interruptionwill not be known to Company,Subscriber further acknowledges andiagrees that Signals are,,sent over telephone company lines which are wholly.beyond the control and jurisdiction of Company and are maintained and serviced by the applicabletelephone company. .. INIT. pg 2_ of 2 BA ALARIVI CONTINUATION PAGE COMPANY CITY OF CUPERTINO (SENIOR CITIZENS CENTER) ACCOUNT# bu.a a a 21251 STEVENS CREEK BOULEVARD/NARY AVENUE Ag3-509 -- CUPERTINO, CALIFORNIA 95014 LEAD if • Bay Alarm.may. upon notifying user and giving user five (5) days to correct, - discontinue monitoring, or disconnect and remove the communicator, in the event ur excessive signal activity by Lser owned equipment.. Upoi ' _ _ - ' &tibtc bay- empeittt�2-qty£dui t cst: *(4—t•-�� uAiti tette: E� User is aware there is a three to four week backlog on installation of this system. User does not desire any additional alarm devices or services at this time. BAY ALARM CO. ; - SER j I .v / <7 `o BB 2904 BY: i f r .,/ 1' DATE SIGNED: � -J J -- cj"^,,r DATE SIGNED: x I//a ( A �f ,•<2 Pg 1 of 2', Ba 414«.tm e4Nb�G�slf AGREEMENT :A - - ❑ New System ALARM. 325 7TH STREET•P.O.BOX 20811 - ACCOUNTi/ cornea OAKLAND,CALIFORNIA 94807 • Q Alteration-Addition A83-509 nr-�r (415)452.3211 0 New Owner LEAD 4, CONSUMER AFFAIRS LICENSE . *EA Cancels Former Contract LA 000028 Old Name SAME AQ# 13-12033_ Old Rate 28.00 ® Other SAN JOSE ALARM - 1/13/77 _ User hereby authorizes Bay Alarm Company hereinafter Co„or assigns,to install,maintain,and service an alarm detection or monitoring system, under the following conditions and agrees to pay theinstallation charge.upon completion and the service charge iniadvance atlCa's address for an initial p riod-o(fiVe years.l'[he Company shall thoroughly instnict.the user in the oroperAmelof the alarm systerrt9Don gorgeje iOnr t,the,af r s st m After'theinit el period, fins Agreement sisal'.autotnaticait}retic-.tit itst.t. ter successnte clic! yissa poi tes..i, unie v c4.3 Lily e i 7t wrrr,eri notice is given by either party. ,. -User CITY OF CUPERTIN'O (PARKS, & RECREATION DEPARTMENT) Grid 59/D5_ Phone (408) 252-4505 •Address 22221 MC CLBLLAN ROAD , / 'BYRNI AVENUE -- - City CUPERTINO Zip 95014 CROSS STREET MonthlyServiceCharge$,- 28.00. -. Due(Quarterly./paant itgq in advance Installation Charge$ -p - ofwhich�$: is due upon sighing this agreement and balance of$-- o- due upon completion.User agrees to pay in:addition to charges stated herein, all taxes,permits,fees; or any costs relating to this system imposed by any governmental or regulatory body or increases in charges made by the. telephone company.User understands there may be a one-time telephone company charge for installation of an interface,jack.Protection to consist of the following only; TYPESYSTEM -DIGICOM CENTRAL STATION BURGLAR AEARU INST HOURS $ AM 5 PM #KEYS N/A UNITS e co .g is oca e. a e`a r rens, Cr.. WORK ON THE ALARM SYSTEM WILL BEGIN APPROXIMATELY .AND BE SUBSTANTIALLY COMPLETED'BY - REMOVE:: One (1) non-supervisory code transmitter and keyswitch . ' INSTALL: . One (1) digicom central station communicator � -,r LEAVE AS IS: )- .e r . Four (4) doors -- contacted ohly One (1) door in basement - contacted only Three (3) ultrasonic transducers • Decals and signs *Upon' consummation in full of this 'agreement. User is aware there is a direct charge from the telephone company for the installation of an interface jack. (HavePacific Telephone type system.,) User will turn off heating and air conditioning during period alarm system is sa ,,,,:- Use-r•-does- not-eBay toot ca ._. Ls-awful-pm/a- - Yx �� rc .Uacr4i-1.1- ible• for -pre•-a- Vs^rLs- • "eY -Gy-- •a ' ' '� -take-. est of - '-ea'-scvcmL-a-c—>ccuznr - prcpt....li.,.c-lf.-the^-evert cazC-�'rve-,f- .3ae'-a-u— Bay Alarm may, upon notifying User and giving user five (5 ays to correct, discontinue monitoring, or disconnect and remove the communicator, in the event of excessive - signal activity by User owned equipment. (Continued)- Co:makes no express or'fmplied warranties as to any matter whatsoever,including,without limitation:the condition of the equipment,its merchant- ability,or its fitness for any particular.use.Useracknowledgesi that any affirmation of fact or promise made by Co shallnot be deemed to create an express warranty;that User is not relying on Co.'s skill or judgment in selecting or furnishing a system suitable for any particular purpose;and there are no warranties which extend beyond thoseon the face of the agreement hereof.:This agreement shall not be binding upon Companyunless approved in writing by an officer of the Company: In the event of nonapproval,the sole liability of the Company shall be to refund User the.amount that has been paid to Company by User upon the signing of this agreement The reverse of this agreement is incorporated herein.:`User acknowledges and agrees that.Co.is not aninsurer and that User assumes all risk or loss. - or damage to his premises orcontents thereof. User acknowledges receipt of copy and that he hasp read and understands the reverse side of this agreement,and that he hast discussed'paragraphs 4.and 5 regarding Company's$250.00limitation of liability and has agreed to amount set:,forth herein. . - . .. -- ,... - INITIALS Alarm Come operators are licensed'and regulated by the Bureau of Collection and Investigative Services.Any questions oncer no an.Alarm Company beer:- dr may a referred to the Chief, Bureau of Collection and Investigative Services, 1920 20th Street,Sacra e rICa fo(nt5 95814. /��f� Date X_ .. --?..--- ._-- / " RB 2904 CITY OF CUPERTINO (PARKS & RECREATION) ` SALES AN; / ;:AGENT NUMBERis f/// .USERS' "j NAlliCii APPROVED - - - ---- ---- - '_.-- - AUTHORIZED SIGNATURE TITLE' • _ 1. User agreesto carefully and properly test and set system,including walk test ifmovement detection devices:are installed,and'will notify Co promptly of any operating defect User hereby agrees that all equipment devices foil,wiring,and attachments thereto remain the sole personat property of Co,all or any part thereof[removable at expiration of this agreement orupon default in any of the terms herein without prejudice to collection of any or alll:sums due,under the en- tire contraet.or extensions.thereof User agrees that installed devices and equipment are not fixtures to his premises, 2 It it beeomet necessary for Co to institute legal proceedings to collect any charges as set forth herein,the unseccessful party shall pay to the successful party reasonable attorneys fees where permitted bylaw. 3. User agrees to,pay Co's standard rate for past due or carrying charges if payments are not made on time or if inttallation charge is paid on a periodic,;payment plan A reconnect charge is to be paid by User if alarm is cut off because of a past due balance and User desires It reconnected User isto receive'no credit if. system is temporarily cut off or out of service for any reason.: 4 COMPANY tS.NOT AN INSURER;LIQUIDATED DAMAGES;LIMITATION OF LIABILITY If is understood and agreed:That Ca Isnot aninsurer;that-insurance,:if any,shall ba obtained by the User,that the payments'provided for herein are based solely on the value of the service as set forth herein and are'unrelated lathe value of the User's property or the property of others.located on,User s premises;that Co.makes no guaranty or warranty,'including any implied warranty of'. merchantability of fithess.that the equipment or services supplied will avert orprevent occurrences or the consequences therefrom which the system or ger- vice is designed to detector avertUser acknowledges'that it is impractical and extremely difficult to fix the actual damages,if any,Which,may proximately result from a:failureto perform anyofthe obligationsherein,or the failure of the system to properly operate:with resulting.loss to User becau cot among other things: a The uncertain amount or value of User's property or the property of others kept on the premises which maybe lost stolen destroyed,damaged:or otherwise' affected by occurrences which the system or service is designed to detect or avert; • b The uncertainty of the response;ti_me of any police or fire department,should they be dispatched ase result of a signal from or at premises; e The inability to ascertain what portion;if any,ofany loss would be proXimately-Caused by Co.'s failure to perform or by Its equipment to operate; d The nature of the service to be'performed by Co. 5. flier understands and agrees that if Co,should be found liable for loss or.danrage due to failure of Co to perform any of the obligations herein,including but not limited to installation, maintenance'.monitoring or service, or the failure of the system or equipment In any respect whatsoever,:Cas liability Shall be limited to a sum equal to the total of pix j6)monthly payments or Two Hundred Fifty($250:00)Dollars,whichever is the lesser,as liquidated damagesand not as n -onalty and this liability shall be exclusive and.that the provisions of this Secti&,shall apply lit loss or damage, irrespective of cause or prigin,results direct- 19 it indirectly to persons or property; from performance or nonperformance of the obligations imposed by this contract;:or from negligence,active or other= w.e,of Co.,its agents,assigns or employees. IB. h User wishes.Ca to assume a limited liability in lieu of liquidated damages as hereinabove set forth,User may obtain from Co a limitation iof liability by pay- ing an additional monthly-service charge to Co If User elects to exercise this option,a rider shall be attached to this agreement setting forth the terms,condi- tions onditions and the amount of the limited liability andthe additional monthly charge_Such rider and additional obligation shallin no way beinterpreted to hold Co.: as an insurer. 7; THIRD PARTY INDEMNIFICATION:When Subscriber in the ordinary course of business has the property of others in his custody,or the':alarm system extends. to protect property of others,Subscriber agrees to and shall indemnify,defend.and hold harmless Company,its employees and agents for and regalnst all claims: brought by,parties other mart the parties totO this Agreement This provision shall apply to all claims regardless of:cause including Company s,performance or failure to perform and including.defects in products,design,installation,maintenance,operation or nonoperation of thesystem whether based upon active or passive negligences indemnification contribution;warranty,:of strict or product liability on the part of the:Company,its employees oragents,gut this provisiomsi alI not ap- py to'Claims for loss or damage solelyend directly paused by artemployee of Company while on Subscribers premises. B., !User agreesto be responsible for redecorating and all other reasonable damages to premises caused by iinstallation,maintenance,or removal Of ail or any part' of the system.User agrees to provide access to premises and to permit only authorized Co.agents to inspect„alter,remove;adjust,service,repair add'devices, equipment,-or wiring,and agrees to reimburse Co for loss of or damage to installed devices,jwi ring,and equipment. 9. Cost of unnecessary service or false alarm calls caused by User and costs to repair or reinstall after fire,other casualties;painting,alterations,or costs other than for ordinary wear and:tear to be borne by User,If excessive false alarms are canted-by carelessness,,malicious or un€ntended`use of the alarm,system,Co: may at Its sole discretion,deem same to be a material breach:of contract on part of User and may be executed from further performance User agrees-to • eliminate-conditions or factors interferingwith the proper operation of installed:devices or which may cause:false alarms. 10;, Co. reserves the right to:substitue!protective devices for those specified'if'the'protective effect is substantially equivalent The cost of any changes-:and, variances mthe system asjherein contracted for or as originally installed,made at the request of or made necessary or required by User's act,or which may be! demanded by insuranceinterests,governmental agencies,or inspection and rating bureaus,are to be borne:by User.User agrees that installationwork is to be, done during Co.'s regular work hoursandwill provide:electrical outlets and power required at his expense. 11. In the event Of an alaim signal from,premises,Co agrees to transmit it to localpolice,fire department or persons designated by User;unless Co,has reason to behave ap emergency situation does not exist If Ca!holds premises,keys it is hereby authorized to enter and•make a visual inspection of the interior of the premises or protected area,User hereby.authorizes Co:,at Co.s discretion,to cause the arrest of anyone found on the premises without authority to enter and r=use him to be held until,,released by User or his representative.•User agrees that Co.,at its discretion may respond to afarm,using Co.personnel in addition toor in lieu of'poliee or User's:.designated',representative.. 12. 'Ci. is to be.kept informed in writing by User of hit daily and holiday opening and closing schedule, if'applicable, and of alr persons authorized to enter premises during his closed hours or who may be called in the event of an alarm signal from or at premises User hereby authorizes Co,to manually or automatically disconnect system, if so ordered. by a'public official,or regulation or for nuisance or electrical reasons or if Co, is unable to notify User at emercencynumbers listed or if User declines, or fails to arrive at premises within 30 minutes after notification. User agrees to hold:Co harmless:and to in- - tlenmfy Com Co,for any daage,raster which:-may result from the turning off of thesystem.. 13,.Co,is to bp'informed by User of omissions in protection or devices within five days of completion of installation or the installation is to be considered com- pleted and accepted by User, User acknowledges that additional or different protective devices and services',are available at additional:cost and the system.as ,agreed an herein is as selected by User. 14: User acknowledges that allmonthly or quarterly(hereinafter 'periodic')charges set forth herein are based:upon existing federalstate',and local taxes utility ,charges,:including telephone company''.line charges,and labor service costs.Co,shall have the right,at any time,to increase the monthly charges provided herein to reflect increases in such taxes and utility charges.Not more often than once each twelve months Co shall also have the'.right to increase perioditchargespro-. vided hereinby a percentage equal to Increase in the Department of'.Labor Consumer Price Index,_San•FrancisconOakland Area(al I items)since the effective date of. this Agreement or since theidate of the last such cost of living increase pursuant to this paragraph,whichever date is later,'and-User agrees to pay such Increased monthly charges-: Notwithstanding any other terms and conditions set forth in thi&Agreement so that the Co:may properlyadjust periodic charges to recover increases in its services andmaintenance-costs which arenot recovered by`increaseipursuantto paragraph 14,1•above,at anytime after the:expiration of one yearfrom the date of. • installation,Co may increase the monthly service charge to an amount exceeding the charge provided in paragraph 142'above upon giving the User notice in writing,If User is unwilling;to pay such additional monthly chargesImposed pursuant to this sub-paragraph 14.2,User may terminate this Agreement upon giving I notice,to Co..within thirty(30)days from the effective date of the Increase User's failure to notifythe Co.within said thirty(30)days shall constitute Users consent to the Increase pursuant to this subparagraph 14.2.,- 15. Should'the whole or any part of the premises hereininvolved be acquired or condemned for anypublic or private use or purpose,the entireiremainjng balance of the initial period or extensions of this agreement shall immediately become due andpayable,-Co.assumes no liability for failure to perform because of labor trouble,riots,;floods,fires acts of God;or any catastrophe or condition beyond its control'and is not required to perform'work While any such condition exists. This Agreement is not assignable by User without the written con-sent of CoCo shall have the::right to assign,this agreement or subcontract any of the;services lit may perform.There are no verbal understandings changing-or modifying this'agreement, 16., :It is understood and agreed by and between the parties hereto, that if there is any conflict between this agreement and User's purchase order;or any other document this agreement will govern whether such purchase order or other document is prior or subsequent to this agreement In the event any provisions:or parts of this contract shall',be unenforceable the parties understand and agree that the remaining provisions and parts shall continue in full force and effect,. 17 Subscriber acknowledges that if Company utilizes a digital communicator ror thepurposes of sending alarm signals from Subscriber's:,premises to Company's Central Station,that the,signals,from Subscribers'alarm system are sent over Subscriber's regular telephone service to Company's Central Station, and in the event Subscriber s,telephone service is out of!Ordi r disconnected planed on vacation ei otherwise:interrupted, s:gnaa fry in Subscriber's alarm system will not be received in Company's Central Station during any such uCorruption and'the interruption will not be knOVVIII to Company Subscriberlurther acknowledges and agrees,that signals are sent aver teiephgne company lines which are wholly beyond the control and jurisdiction of Company-and are maintained and:serviced by the applicable telephone company._._. {fLt P9 2 of 2 BA ALARM CONTINUATION PAGE COMPANY CITY OF CUPERTINO (PARRS & RECREATION DEPARTMENT) ACCOUNT# 22221 MC CLELLAN ROAD / BYRNE AVENUE 483-509 CUPERTINO, CALIFORNIA 95014 cLEAD S jj_ rramee-yes . ivr . . - c .nG-anrtret,Fact Stl eribel13tpcna , flay User is aware there is a three to four week backlog on installation of this system. - - User does not desire any additional alarm devices or services at this time. • • BAY ALARM CO.l�;. USER �� /i- . RB 2904 BY:% /�TiV � 1%�` DATE SIGNED: - G ,.J DATE SIGNED: g / 0 1k /1 /l is at yy�G,Ip,yy I�pigt9y,fr Cf� AGREEMENT Pg 1 of 2 BA ❑ Nev System A.I:ARM 325 7TH STREET-P.O.BOX 2080 - ACCOUNT COMPANY OAKLAND,CALIFORNIA 94607 ® Alteration-Addition A83-509 --- (415)452+3211 0 New Owner _ CONSUMER AFFAIRS LICENSE *® Cancels Former Contract LEAD k LA moon Old Name SANE' AQ1 12641 -Old Rate' 61.00 - SAN JOSE AIaiS : S Other _., User hereby authorizes Bay Alarm Company hereinafter Co., or assigns, to install, maintain,and service an alarm detection or monitoring system under the following conditions and agrees to pay theinstallation:charge upon completion and the service charge inadvance at"Co.'s address for an Initial period of five years-The Company shall thoroughly instruct the user in the proper useof the alarm,system upon completion of the alarm system:. A'ftz frit. 1...i'.,iai rind sh1s .tgreemenf shall sulostali tly rertew il.ac>f for Suceoa we one year palic+t5,.unless 3e day prior 't iter, notice is given by either party. ' User an OIC CUPE/RTINO _(CORPORATION YARD) Grid 59/E4 Phone (408) 252-4505 10555 SOUTH MARY AVENUE / STEVENS CREEL BLVD'. CUPERTINO. 95014 Address - - City - __.Zip --- -- :GROSS STREET - - -' - - - MonthlyServiceCharge$' 61.00'. -Due(Quarterly/ in advance.Installation Charge.$- _Q-- of which($. -o- s;due upon signing this-agreement and balance of$ -13- dueupon completion.User agrees to pay in addition to charges stated.herein, all taxes, permits,fees,or,any costs relating to this system imposed by any governmental or regulatory body or increases in•charges made by the telephone company.User-understands there may be':a one-time telephonecompany charge forInstallation of an interface jack'.Protection to consist of.the following only: TYPESYSTEM DIGICOM CENTRAL 'STATION BURGLAR ALLARMiNST,HOURS E AM 5 PM HKEY.S N/A UNITS' Telco tag is located' at the old transmitter, ,t .WORK ON THE ALARM SYSTEM WILL BEGIN APPROXIMATELY 'lf- * ND'BE SUBSTANTIALLY COMPLETED.BY -li3OVE: One (1) key operated code transmitter INSTALL:: One (1) digicom central station communicat . f . :, LEAVE $' AS IS: 86 Burglar Alarm: One (1) overhead door - contacted only Four (4) microwaves One (1) local bell in housing , ,Decals and. signs , *Upon `consummation !in full of this agreement. User is aware there is a direct charge froln the telephone company,for the installation of an interface jack. (Have Pacific Telephone type system) . - User will turn off heating and air conditioning during period alarm system is d� -L'T9l'�'P"does-neengent'r�e'<'Bey-A '6f!' -9p,-i tepee4-e4_ floyetond- - t L: I , 4 sax• 1t•&d+is> �osawi?bler oan,,opawu ' , r_ , r--- 6 Ha5*R 81�"( if 'ifliry�'-ee4a�, -a�-2ks`-atr ` i ' _ -t�kL+Kn4�•c►€ i t r - r• ..S yer ps lai4 i�--: ms _ ft Bay Alarm may, upon notifying User and giving user five (5)) days to correct, discontinue ,monitoring, or disconnect and remove, the communi ator, in the event, of excessive,' signal activity by User owned equipment. -(Continued)- Ga:makes'.no express or implied warranties as to any matter whatsoever,including,withoutlimitation condition,of the equipment,its Merchant- ability,or its fitness for any-particular use User acknowledges;that any affirmation of,fact or promise'made by Co'-shall not be deemed to createan express warranty that User is not relying on Co.'s skill iki it orjudgment in selecting or furnishing a system suitable for any particular purpose;and that. there are no warranties which extend beyond those on the face of'the agreement hereof:This agreement shall not be binding upon Companyunless approved in writing by an officer of the Company.In the event of nonapproval,the sole liability of the Company shall be to refund User the amount. that has been paid to Company by User upon thesignmg of,this agreement. The'reverse of this agreement is incorporated herein User acknowledges and agrees that Co-is not an insurer andthat User assumes all risk or loss. or damage '•'his premises or contents thereof. User acknowledges receipt of copy and that he has read and'understands the reverse siderof this agreeme ii,;--� • that he has discussed paragraphs 4'and 5 regarding Company's$250:00 limitation of liability and.has agreed to amount set forth .herein. b_ - IN ALS Alarm ompany OR rators are licensed and regulated by the Bureau of Collection and Investigative Services.Any questions one nin an Alarm Compa y ope . 0 ra`y be r erred to the C let, Bureau of Collection and Investigative Services, 192020th Street,Sacrame nC Ifor ia95814: `f Dste_% iJ / 3 `-24lej'_. RB 2904 - /CITy;OF ERTINO (C9 0 TION YARD) SALESMAN,`' - AGENT NUMBER ,�r USER }` I/ / APPROVED AUTHORIZED:SIGNATURE TITLE '3000:171831' 't. .User agrees,to carefully and properlytest and set system,Including walk test if movement detection devices are installed,and wtlletotify-C,q,promptly of any operating defect-User hereby agrees that all equipment devices foil wiring,and attachments thereto remain the sole personal property of Co,ail or any part thereof removable at expiration of this agreement or upon default in any of the terms hereimwithout prejudice to collection;of any or all sums duel.under thee&. tine contractor extensionsthereof.Useragrees thatiinstalled devices and equipment are not fixtures toms premises! 2. If it becomes necessary for Co. to institute legal proceedings to collect any charges as set forth herein,the unseccessiul party shall pay to the successful party reasonable attorney's fees where permitted by law. 3. User agrees to.pay Co.'a standard rate for past due or carrying charges if payments are not made on time or if Installation charge is paid on a periodic payment plan A reconnect charge is to be paid'by User if alarm is cut off because of,a peat due balance and Userdesires it reconnected User is to receive no credit if. 'system Istempera ly cut:off er out of service for airy reason. 4'. COMPANY'IS NOT AN INSURER;,LIQUIDATED DAMAGES;LIMITATION OF LIABILITY;It is understood and agreed:That Co.is not an insurer,that insurance,If any,shall be obtained by the User,that the payments provided for herein are based solely on the value of the service as Set forth herein and are unrelated to the. value of the User's property or the property of others located on User's,premises;that Co makes no guaranty or warranty, including any implied warranty of merchantability of fitnessthatthe equipment or services supplied'will avert or prevent occurrences or the consequences therefrom,which the system or ser- vice is designed to detect or avert usertacknowledges that it is impractical and extremely difficult to fix the actual damages,if any, which may,proximately. result from,a failure to perform any of the'obligations_ herein,or,the failure of the system to properly operate:with resulting loss to User because of,;amongi other things: a The uncertain amount or value of User%property or the property of otherskept on the premises which may be lost,stolen,destroyed,damaged or otherwise affected by occurrences which thesystem or_seri/ice Is designed to detect:or avert; O Thep ncertal nty of the response time of any police:'or fire department,should'they,be dispatched as a result of a signal from orat premises. o The inability to ascertain what portion if any,of any loss would be proximately caused by Co.'s failureto perform or by its equipment to operate;. d. The nature of the service to be performed by Co:. 5. '.User understands and agrees that if Co.;should be found liable for loss or damage due to failure of Co.to perform any of the obligations herein,'including but ,not limited to installation maintenance, monitoring or service, or the failure of the system Or equipment'in any respect whatsoever Co s liability shall be limited to a sum equal to:the total of six(6)monthly payments or Two Hundred Fifty($250.00).Dollars,'.whichever is thelesser,.as liquidated damages,and not as a penalty and this liability shalt be exclusive;and that the provisions of this'Section shall apply it loss or.damage irrespective of cause;or origin,results direct- ly or indirectly to persons or property, from pertormance or nonperformance of the obligations imposed by this contract or from negligence active or other:- wise, ther=wise,of Co.,its agents,assigns or employees. '6. If User wishes Co.to assume,a limited liability in lieu of liquidated damages as hereinabove set forth,User may obtain from Co a limitation of liability by pay: trig an additional monthly service charge to Co If User elects to exercise this option,a rider'shall be attached to this agreement setting forth the ferns condi- tions and the ameunt of the limited liability,and the additional monthly charge Such rider and:additional obligation shall in no way be interpreted to hold Co. as an Insurer. 7.. THIRD PARTY INDEMNIFICATION:When Subscriber in the ordinary course of business has the property ofothers in his custody,or thealarmsystem extends to protect property of others Subscriber agrees to'and shall indemnify,defendand hold harmless,Companyiits employees and agents fol and against all claims brought byparties other than the parties'to this Agreement This provision shall apply toall claims regardless of cause including Company's performance orfailure to perform and including defects in products,design,installation,maintenance operation or nonoperational the system'Whether based upon active or passive negligence,indemnification,contribution,warranty,or strict or product liability on the part of the.Company,its employees or,agents,but this provision shall not ap- ply-to-claims for p- ply toclaims>for Ions or damage solely and directly caused by an employee of Company while=•on Subscriber's premises. 8. User agrees to be responsible for redecorating and all other reasonable damages,to premises'caused by Installation,maintenance or removal of all.or any part of the system:User agrees,to provide access to promises and to permit only authorized Co.agents to inspect,alter,remove,adjust,service,repair,add devices; equipment,or wiring,and agrees to reimburseCo for loss of or damage to,installed devices,Wiring,andequlpmerit. $: Cost of unnecessary service or false alarm calls caused by User and costs to repair or reinstall after fire;other casualties,painting,alterations,or costs other than for ordinary wear and tear to be borne by User If excessivefalse alarms are(caused by carelessness,malicious or unintended use of the alarm system,Co may, at its sole discretion,,,deem same to be a material breach of contract on part of User and may be execused from further performance User agrees to eliminate conditions or factors interfering with the proper operationof Installed devices'or which may cause false alarms. 10, Co. reserves,the right to substitue protective devices for those specified if the protective effect Is substantially equivalent The cost of any changes and variances the system.as:herein contracted for or asoriginally installed made at the request`of or made'necessary or required by'Userr's act or which may be demanded by insurance intereats governmental agencies,or Inspection and rating bureaus,areto be borne by User.User agrees:that installation work is to be. done during Co.'s regular wprk hours and,will provide electrical outlets and power required,at bis expense_ It.. In the event of an alarm signal from premises,Co agrees to transmit it to local'police,fire department or persons designated by User;unless Co has reason to believe an emergency situation does!net exist.Tf Co. holds premises keys,it is hereby authorized to enter and make a visual ihspectlon of the interior of the premises or protected area.User hereby authorizesCo.,at Cos discretion,to cause the arrest of anyone found on thepremises without authority to enter and cause him tobe held until released by User or his representative.User agrees that Co.,at its discretion,may respond to alarm Co.;personnel in.addition to:or in lieu of police or User's designated representative: 12'. Co is to be'kept informed in writing by User of his daily and holiday opening and closing schedule„ifapplicable, and of att,persons authorized to enter p g g premises. User'hereby authorizes Co. to manually or Burin his closed hours or who may be.called1h the event a ul alarm Signal from or at automatically disconnect_ system, if se ordered by a,public official or regulation or for nuisance or electrical reasons or,if Co is unable to notify User!at ernercency'numbers listed-or if User declines, or fails to arrive at premises within 30 minutes after notification User agrees to hold Co harmless and to.in-. demnlfy Co.for any damage loss or liability which'.rrfay result from the turning off of the system. 13 'Co. is to be Informed by User of omissions in protection or devices within fiver days of completion of installation or the installation is to be considered core- pleted and accepted by User. User acknowledges that additional or different protective devices and services are available at additional cost and the system,as agreed On herein is as selected by User: 14., '.User acknowledges that ellmonthly or quarterly(hereinafter `periodic')charges,set forth herein are based upon existing federal,state:and local''taxes,utility charges,including telephone company line charges and labor service costs Ca shall have the right,at any time to increase the monthly,charges provided herein tareflect increases insuch taxes and utility charges.Not more often than once each twelve months,Co shall also have the rightto increase periodic charges pro- tided hereinby a percentage equal to increase in the Department of Labor Consumer Price Index San Francisco-Oakland Area(all items)lsince the effective date of this Agreement Orsi nee the':date of the last such cost of living;Increase pursuant tothis paragraph,-whichever date is.later and User agrees to pay such increased monthly charges.. Notwithstanding any other termsand set forth in this Agreement so that the Co may properlyadjust periodic charges to recover Increases in Its services and maintenance costs which,are not recovered by increase pursuant to paragraph 14.1 above,at.any time after the expiration of one year from the date of. Installation,Co.may increase the monthly service charge to an amount exceeding the charge provided In paragtaph 14.2,above upon giving the User notice in writing.If User is unwillingito pay such additional monthly charges'.Imposed pursuant to this sub-paragraph 14,2 User may terminate this Agreement upon giving notice-to Co,within thirty(3g)days from the effective date of the increase Users'failure to notify the Co within said thirty(30)days shall constitute User's consent to the increase pursuant to this subparagraph 14.2, 15. Should thewhole or any part of the premises herein involved be acquired or condemned for any public or private use or purpose the entire remaining,balance of the initial period or extensions of this agreement shall immediately become due and payable Co assumes no liability,.for failure to perform because of labor trouble,riots;(Beads,fires,acts of God,or anycatastrophe or condition beyond its control and is not required to perform work while any such condition exists: This agreement is not assignable by User without the written consent of Co.Co-shall have the,right to assign this agreement or subcontract any of the services 'it may perform There are ho verbal understandings changing or modifying this.agreement. 16.. It is understood and agreed by and between the parties hereto,that if there is any conflict between this agreement and Users Pyrenees order, or any other document,:this agreement will govern,:whether such purchase order or other document is prior or subsequent to this agreement.In the event any provisions or parta of this contract shall be unenforceable the parties understand and agreethat the remaining provisions and parts shall continue In full force and effect. 17.-Subscriber acknowledges that if Company utilizes a digital communicator for the purposes of sending alarm signals from Subscriber's premises to Company's Central Station that the signals from Subscribers alarm system are sent over.Subscribers regular telephone service to Company s'Central Station, and in. the event Subscriber's telephone service is out of order disconnected, placed on vacation or other wise interrupted,signals from Subscribers alarm system will not be received in Company's Central Station during,any such interruption and the Interruption will not be known to Company.Subscriber further acknowledges and agrees that signals are sent over telephone company lines which are wholly beyond the control and jurisdiction of Company and ate maintained and serviced by the applicable telephone company. BApg2 of 2 ALARM CONTINUATIONPAG COMPANY CITY OF CUPERTINO (CORPORATION YARE' •__ 9.a 10555 SOUK MARY AVENUE/STEVENS CREEK BOULEVARD AccouNT# — — CUPERTINO, CALTFORNIA• 95014 A83-509 LEAD# fitelysevithetras-netite*ftegc,t4lbwatte. ,4.7,5r4filileat 76n User is aware there is a three to four week backlog on installation of this system. • User does not desire any additional alarm devices or services at this time. BAY ALARM C ( USER 1 � F RB 2904 ev: ._ r`= ///4DATE SIGNED: 2,- .e- GrJ� DATESIGNED: ]{ 1 '� Bat Alta tni eamn •n cm, AGREEMENT BA 325 7TH STREET-P.O.BOX 2080! ❑ New Systeme - - - - - ALARM ACCOUNT# COMPANY. OAKLAND,CALIFORNIA 94607 ® Alteration Addition. ••••• ••• A83-509 .(415)452;3211 10 New Owner -- - - - - --- - CONSUMER FFAIRS,LICENSE Iia Cancels Former Contract LEAD ^ LA 000028 Old Name. SAME AO .4490_. - ._ _Old Rate 28.00_. _ f] Other SAN.. JOSE ALARM User hereby!authorizes Bay Alarm Company hereinafter Co., or assigns,to install, maintain,and service an alarm detection or monitoring system under the following conditions and agrees to pay the installation charge upon completion and the service chargelnadvance at Co.'s addressforan Initial period of five years.The Company shall thoroughly instruct the user in the proper Use'of the alarm system uposcompletion of the alarm system. Alter the initial period, this Agreement shall automatically renew itse;i for successive ena year periods, unless 30 ti ay prior written notice is riven by eitherarty}y User CITY OF tUPERTINO (CUPERTI O 'WATER TANKS) Grid 59/B5 Phone (408) 252-4505 Address 22881 MERCEDES ROAD / MADERA ROAD city CUPERTINO . zip 95014 -- - - -- - CROSS STREET - - Monthly Service.Charge$ 28.00 Due(Quarterly/=UMW in advance.Installation Charge$ - —0- of which$- —0— is due uponsigning this agreement and balance of$ —0— due upon completion.User agrees to pay in addition to charges stated herein, all taxes,permits,fees,or any costs..relating to this system imposed by any governmental or regulatory body or:increases in charges made by the: telephone company.User understands there may be a one-time telephone company charge for installation of an interface jack..Protection toconsist of the following only:, nPESYSTEM INDUSTRIAL MONITORING. INST HOURS $ AM. 5 PM IJKEYS N/A UNITS e co tag s _orate. at t :a a trans! tter. WORK ON THE.ALARMMSYSTEM WILL BEGIN APPROXIMATELY _ AND BE SUBSTANTIALLY COMPLETED BY I: REMOVE; One (1) key operated code transmitter INSTALL: One (1) digicom central station communicator (to monitor water levelin tanks) *Upon consummation in full of this agreement. User is aware there is a direct charge from the telephone company for the installation of an interface jack. (Have Pacific Telephone type system.) r'�7ggjyq a:tssa n:.»•:r e+: �:a'•):w '•>).•.) ..c. ua.nr.• .• )••:a r a..•:wco: ;. v»• tv• ) r:,I.*••- n�•.r:ne..)•. I.1.4 4OVe '•:IAA••J• n..., .a. a•'• )1 ) i.i• •. .e t. • 1 1.1 . )•'•/ni ••1 '.11,0• 1 +n Z , . •.•::•.310.0•.. .. !1`I ..1044Of.)i 0. O. • )•:.). •1. a .:_. 1 •• ,. 0 • •••1 •)•....... )•l))••.)./))).)..,•y.)-.,}y,...* 4k 44/L. 1010 10102).. ..� . - r protectlen-En-the-event e€-exeess±'e-False-aittess _ 6._-(4--:" BaY Alarm may, upon notifying—user and giving user five (5) days to correct, rrect discontinue monitoring, or disconnect and remove the communicator, in the event of excessive I signal activity by User owned equipment. Upas tegeesE-by-Sabseflbers-Bay.A3acm,-Campaag wan—zop.,+i;:_orr_cnrrect,-at-Svbacxibaris a ` 'fa 14K User is aware there is a three to four week backlog on installation of this system. User does not desire any additional alarm devices or services at this time. Co:makes,noexpress or'replied warranties as to any matter whatsoever,including,,without limitation the condition:ofthe equipment its merchant ability,or its fitness for any particular use.User acknowledges:that any affirmation of fact or promise,made by Ca shall not be deemed`to create an.. express warranty;that User is not relying on Co.'s skill or judgment in.seleeting or furnishing a systemsuitable for any particular purpose;and that there are no warranties which extend beyond those on the face of the agreement hereof.This agreement shall not be binding upon Company unless approved in writing by an officer of the Company..In the eventof nonapproval,the sole liability of the Company shall be to refund User the amount that has been paid to Company by User upon the signing of this agreement The reverse of this agreement is incorporated herein.User acknowledges:and agrees that co.is not an insurer and that User assumes all risk or loss or damage to is . :misesor contents thereof.User acknowledges receipt of copy and that he has!readland understands the reverse side of this, agreemen .iireat he has discussed paragraphs 4 and 5 regarding Company's'$250.00 limitation of liability and has agreed'to amount set forth 'herein. Alarm ompany operators are licensed and regulated by the.Bureau of Collection and Investigative Services Any'questions concerning an Alarm, Company ope - oay b referred to the Chief, Bureau of Collection and Investigative Services, 192020th Street,!Sacrame to California95814. / QaleR __."a8 .__ Gr1,,G. .RB 2904 _ CITY/OF pesErtmj (CUPERTINO ATER TANKS). SALESMAN"' 7 AGENT NUMBER SER ��/ !!! «C x ( t--„✓'CR F'.e ft l r�(�lh�(r bY/l v APPROVED -- - AUTHORIZED SIG A UnE TITLE 3108west 1.. User agrees to carefully and properly test and setsystem,including walk test ifmovement detection devices are installed;and will notify Co.promptly of operating,defect.User hereby agrees that all,:equipment,devices;foil,wiring,..and attachments thereto remain the sole personal property of Co.,all or any part thereof removable at expiration of this agreement or upon default in any of the terms herein without prejudice to coilectionof any orall sums due under the en- tire contractor extensions thereof.'User agrees that installed devices and equipment are:not fixtures to his premises. 2: If it becomes necessary forte.to Institute legal proceedings to,collect any charges as set forth herein,the unseceessful party shall pay,to the successful party reasonable attorney's,fees where permitted-by law. 3. User agrees.to pay Co.'s standard rate for past due Or carrying charges if payments are not made on time or if installation charge is paid on a periodic payment plan A reconnect charge is to be paid by User if alarm is cut off because of a past due balance and User desires it reconnected.User is to receive no credit if system.Is temporarily cut off Or out ofservice for any reason: 4. COMPANY IS NOT AN INSURER;LIQUIDATED DAMAGES;LIMITATION OF LIABILITY:It is understood and agreed:That Co.is not insurer;that insurance if any,shall be obtained'bylthe User;thafihe payments providedfornereln are based solely onthe value of the service as set forth herein and are unrelated to the. value of the User's:property or the,property of others located on User's premises;that Co. makes no guaranty or warranty, including any implied warranty of merchantability of fitness that the equipment or services supplied will avert or prevent occurrences or the consequences therefrom which the system or ser- wide is designed to detect or avert..User acknowledges,that It is Impractical and extremely,difficult to fix the actual damages, if any,which may proximately result from,a failure to perform angor the obligations herein,or the fat lure of the system to properly operate with resulting;loss toUserbe-Cause of,among'bther things: • a. The:uncertain amount or value of;User's property or the property of others kept on the premises which may be lost,stolen,destroyed,:darnagedorotherwise . affectedbyoccurrenceswhich the:system or service is-designed'to detect or avert; - b. The uncertainty of theresponse time of any police or fire:'department,should they be dispatched as a result of signal from or atpremises; c The inability to ascertain what portion,if any,of any loss woUld be proximately caused by Co.'s failure to perform or by its equipment to operated d. The nature of the service to be!performed by Co. 5. User understands and agrees that If Co.should be found liable for loss or damage due to failure of Co.to perform,any of the obligations herein,,including but not limited.to,installation, maintenance, monitoring or service, or the failure of the system or equipment in any respect whatsoever, Co.'s liability shall be limited to•asum equal to the total of six.(6)monthly payments or Two Hundred Fifty($250.00)Dollars,whichever is the'lesser,as hquidated'damages and not as a penaltyand-this liability be exclusive;and that the provisions of this.Section shelf applyif lops or damage,irrespective of cause or origin results direct. ly or indirectly to persons or property, from performanceor nonperformance of the obligations Imposed by this contract, or from negligence,active or other- wise,of Co.,its agents,assigns or employees.. 6, If User wishes Co.to assume a.limited liability in lieu of liquidated damages as hereinaboveset forth,User may obtain,horn Co:a limitation of liability by pay- ing an additional monthly service charge to Co. If User elects to exercise this option a rider shall be attached to this agreement setting forth the terms,condi- tions and the amount of the limited liability,and the additional monthly charge.Such rider and additional obligation shall inno way be interpreted to hold Co: as an insurer.. . - 7. THIRD PARTY INDEMNIFICATION:When:Subscriber in the ordinary course of businesshas the property of others in his custody,Or the alarm system extends to protect property of others;Subscriber agrees to and shall indemnify,defend and hold harmless Company,its employees and agents for and against all claims brought by parties other than the parties to this Agreement.This provision shall apply to all claims:regardless of cause including Company's performanceor failure to performand including defects in products,design,installation,maintenance,operationor nonoperationof the system whether based upon active or passive. negligence indemnification,contributIon„warranty,or strict or product liability on thepart of the Company,its.employees,or agents,but this provision not:ap- ply to-claims for loss or damage:solely and directly caused'by an employee of Company:while on Subscribers premises. 8. User agrees to be responsible for redecorating and all other reasonabledamages to premises caused by installation,maintenance,or removal of all'.or any part of the system.User agrees to provide access to premises andto permit only authorized Co.agents to Inspect,alter,remove,adjust,service,repair,add devices, equipment,or wiring,and agrees to reimburse Co.for loss of or damage to,Installed devices,wiring,and equipment. 9. .Cost of unnecessary service or false alarm calls caused by'User and costs to repair or reinstall after fire,other casualties,painting;alterations,or costsother than for ordinary wear and tear,tobeborne by User.'If excessive false alarms are causedby carelessness,malicious or unintended use of the alarm system,Co. may, at its sole-discretion,deem same to be a material breach of contract on part of User and may be execused from further performance.,User agrees to eliminate conditions or factors interfering with'the proper operationofinstalled'devices or which may cause false alarms. 10.. CO. reserves the right tosubstitue-protective devices':.for thosespecified if-the protective effect is substantially equivalent. The cost of any changesand variances in the system as herein contracted for or as originally installed made at the request of or made necessaryor:required by User's act,or which may demanded by insurance interests governmental agencies,or inspection and rating bureaus,are to be borne by User.User agrees that installation work is to be done during Eon's regular work hours and will provideelbcfrical`outlots and power required at his expense: 11. In the event of an alarm signal from premises,Co:agrees to-transmit II to local,police,fire department or persons designated by User,Unless Co;has reason-to believe an emergency situation does not exist. If Co:holds premises keys,it is hereby authorized fp enter and make a visual inspection of the interior ofthe premises or protected area.User hereby authorizes Co.;at Co.'s discretion,to cause the arrest of anyone found on'thepremises without authority to enter and cause him to be held until released by User or his.representative.User agrees that.Co.,at its,discretion,may respond:to alarm using Co:personnel in addition to or in lieu of police or User's designated representative. • 12. :Co. is to-be.kept Informed in writing by. User of his daily and holiday-opening and closing schedule, if'applicable, and of allpersons authorized to enter premises'during his closerhours or who may be called in the event of an alarm signal from or at premises. User hereby authorizes Co: to,manually or automatically disconnectsystem, if so ordered by a,public official or regulation or for nuisance or electrical reasons,or if Co.is unable to notify User,at emercency numbers listed or if User declines or falls to arrive atpremises within 30 minutes after,notification. User agrees to hold Co. harmlessand to in- :demnify Co.for any damage,toss or liability which may result fromthe turning off of the system. 131 Co is to be informed by User of omissions in'protection or devices-within fivedays of cornpletion of-installation or the:installation isto beconsidered com- pleted and accepted by User. User acknowledges that additional cr different protective devices and services are available at additional cost and the system as agreed on herein Is as selected by User. • 14. User acknowledges that all monthly or quarterly(hereinafter"periodic')Charges set forth herein are based upon existing federal,state and local taxes;utility charges,Including telephone company line charges,and labor service costs Co.shall have the right,at any time,to increase the monthly charges provided herein 'to reflect increases in suchtaxes and utility charges:Not more often than once each twelve months Co.shall also have the right toincrease periodic charges pro- vided herein'by a percentage equal toincrease in the Department of Labor Consumer Price Index,San Francisco-Oakland Area(all items)since the effective date bf this Agreement or since thedate of the last such cost;of living increase pursuant to this paragraph,whichever date is later,and User agrees to pay such'increased monthly charges., Notwithstanding any other termsand conditions set forth in this Agreement„se that.the,:Co may properly adjust periodic charges to recover increases in:Its services and maintenance costs which.are not recovered by increase pursuant to paragraph 14.1 above,at any time after the:expiration of one year from the,date of installation,Co. may increase the monthly service charge to an amount exceeding the charge provided in paragraph 14.2 above upon giving the User notice In writing.If User is unwilling to pay such additional monthly'Charges imposed pursuant to this subparagraph 14.2,User may terminate this Agreementupon giving notice to Co within thirty(30)days from the effective date of the increase.Users failure tonotify the Co:within said thirty(30)days shall constitute User's consent to the increase pursuant to this sub-paragraph 14.2. 15. Should the whole or any part of the premises herein involved.be acquired or condemned for any public or private use or purpose,the entire remaining balance of the initial period or extensions of this,agreement shallimmediately becomedue and payable Co:assumes no liability for failure to perform because of labor trouble;,riots;floods,fires,acts of God,or any catastrophe,or condition beyond Its control and is not required to perform work while any such condition exists, This agreement Is notassignable by User without the written consent of Co.Co.shall have the right to assign this agreement or subcontract any of theservices it may perform:There are no verbal understandings changing or modifying this agreement. 16. It is understood end agreedby and between the parties hereto,that if there is any conflict between'this agreement and-User'spurchase order,or any other document,this agreement will govern,whether such purchase order or other,document is prior or subsequent to this agreement.In the event any provisions,er parts of,this contract shall be unenforceable the parties understand and agree that the remaining provisions andparts shall continue in Lull force and effect. 17. Subscriber acknowledges that if Company utilizesa.digital communicator for'the purposes of sending alarmsignals from Subscriber's premises to Company's Central Station, that the signals from Subscribers alarm system are sent over Subscriber's regular telephone service to Company's Central Station and in the event Subscriber's telephone service is out of order,'disconnected, placed on vacation or otherwise interrupted signals from.Subscriber's alarm system will not be received in Company's Central Station during any such interruption and the interruption will not be known to Company.Subscriber further acknowledges and,agrees that signals aresent over telephone,company lines which are wholly beyond the control and jurisdiction of'Company and are maintained and serviced by the applicable telephone company..- - - inn. Bay Aias#n eaayar•� AGREEMENT p ❑ New System - --- - - - 325 7TH STREET-P.O.BOX 2080 ACCOUNT# ' - OAKLAND,CALIFORNIA 94607' ® Alteration-Addition,_ (415)452.3211 • 0 New Owner . A83-509 LEADN CONSUMER AFFAIRS LICENSE VI Cancels Former Contract LA.000028 Old Name SAME AQO 4490Old Rate 60.00 aOther BAY ALARM COMPANY - 7/21/83 User hereby authorizes.Bay AlarmlCompany hereinafter Ca, or assigns,to install', maintain;and service an alarm detection or monitoring system under the following conditions and agrees to pay the installation charge upon completion and the service charge inadvance at Co.'s address for an initial per(iod offiveP,,years-The C�oGmppany shall thoroughly instruct the ser in the poppruse of the alarm system uponcomolsetion ofst5he alarm em` Atter fits initial period,.this Agrecr@nt shad auto:nnttcciiy renew riSt: r for successive.one year pci i I 1 4 iU uayp Written notice is;liven by either party. User CITY OF CUPERTINO (RAINBOW PUMP STATION) Grid . 64/El Phone (408) 252-4505 Address, RAINBOW DRIVE / STAFFORD DRIVE City CUPERTINO Zip 95014 CROSS STREET Monthly Service Charge$ 60.00 Due(Quarterly tAanUat1 in advance:Installation Charge$ —0— of which$'_ —13— 'is due 0-lis-due upon signing this:agreement and balance of$ —0- due upon completion.User agrees to pay in addition to charges stated herein, all taxes,permits,fees,or costs relating to this system imposed by.any governmental or regulatory body or increases in charges made by the telephone company.User understands there may be a one timetelephonecompany charge for installation of an interface jack.Protection to consist of the following only: TYPESYSTEM. MONITOR SUBSCRIBER OWNED EQUIPI` 'NT INST HOURS S AM 5 PM. Ia KEYS N/A UNITS Telco tag is located at the old transmitter: WORK ON THE:ALARM'SYSTEM WILL BEGIN APPROXIMATELY I AND'I BE SUBSTANTIALLY COMPLETED'BY REMOVE: Two (2) supervisory code transmitters Zone #1 - Overflow• INSTAL`L -DIGITAL-COMMUNICA I N'TO MONITOR: Zone #2 - Low water *Upon consummation in, full of this agreement. User is aware there is a direct charge from the telephone company for the installation of a interface jack. (Have Pacific Telephone type system.) Weerneresaaor=derldrerar,arrttrutt.rstbi.,?erriTasipernsisoakenewre4 im:,,. -.•--, .e0 -I =bea€ i:Ea.- a+i4sww.s 41•. i •Ra, Pr Bary=eaar=ea rs-ssle. iuristfsiro,.34144tsr=c--- g yr-,; ---•-• _ - - ti :i-a a••• - prest-eaEkes— =f?e ve#E f va=far a •6� Bay Alarm may, upon notifying user and giving user five .(') .ys to correct, discontinue monitoring, or disconnect and remove the communicator' in the event of excessive signal activity by User owned equipment. r > • SFSfI=€ 8esE=Bg ttsas rs -Morn G atagewy agLi' - -a =carrecr,---at_3uhscr±ber s,S '' i ex?ectse, ary-fair}t -toUser oohed-ec}uL -rj "" `� User is aware there is a three to four week backlog on installation of this system. User does not desire any additional alarm devices or services at this time. Co.makes no express or implied warranties as to any matter whatsoever,including,without limitation the conditionof the-equipment,'its merchant- ability,or itsfitness for any particular use.User acknowledges:that any affirmation of fact or promise made by Co:.shall not be deemed tocreate an express warranty;that User is not relying on Ca's skill or judgment in selecting or furnishing a system suitable for any particular purpose;and that there are no warranties which extend beyond those on the face of the agreement hereof.This agreement shall not be binding upon Company unless approved in writing by an officer of the Company.'In the event of'nonapproval,the sole liabilityof the Company shall be to refund User the amount that has been'paid to Company by User uponthe signing of this agreement. The reverse•f this agreement is incorporated herein::User acknowledges and agrees that Ca is not an insurer and that User assumes all risk or loss. or damage f,•' "premises or contents thereof-Literacknowledges receipt of copy and that he has.read and understands the reverse side of this agreemen,'�khat he has discussed paragraphs 4 and 5 regarding Company's$250.00 limitation of liability and has agreed do amount set forth herein, v L ,,, 1 NITIAL Alarm �{ompany o.erators are licensed and regulated by the Bureau of Collection and Investigative,Services.Any questions c;neer ing n Alarm Company oyer- .r ay be referred to:the Chief, Bureau of Collection and Investigative: Services, 1920 20th Street;Sacram:n .0C. r a 95814.. G Data_ J 4"7 ' Gi'—•"----; RB 2904 /,CITY QF ERTINO (RAI :OW PUbe STATION) SALESMAN AGENT,NUMBER /�� ) ,, / USER _., r Si �I'd f�tJ X-t ALL- it)(IL amaci.ir APPROVED MM 'A' AUTHORIZED SIGNATURE TITLE 1.. User agrees to carefully and properly-test and set system,including walk test if movement detection devices are installed,and will notify Co.promptly of any operating'defect User hereby agrees that all equipment,devices;foil,wiring,and attachments thereto remain the sole personal property of Co,all Or any part thereof removable at expiration of thisagreementor upon defaultin any of the terms herein without prejudice to collection of any ofall sumsdue under the em tire contractor extensions thereof. User agrees that installed devices andrequipment'are not fixtures to his premises. 2. 'if it becomes:necessary for Co to institute legal proceedings tocollect any charges as set forth herein, the unseccessful party shall pay to the successfdl parry reasonable attorneys fees where permitted by law. 3. User agrees to pay Co.'s standard rate for past due or carrying charges if,payments are not made on timeor if:installation charge is paid on a periodic payment plan.A reconnect charge is to be paid by User if,alarm iscut off becauseof a past due balance and User desiresit reconnected-User is to receive no creditif system is temporarily cutoff or out of service for any reason. 4. COMPANY ISNOT AN INSURER;LIQUIDATED DAMAGES;LIMITATION OF LIABILITY:.It is understood and agreed:That Co: Is not an Insurer; that Insurance,if any,shall be obtained by the User;that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of the User's property or the property of others located on User's premises;that Co. makes no guaranty or warranty, Including any implied warranty of merchantability of fitness that the equipment or servicessupplied will avert or prevent occurrences or the consequences therefrom which the system or ser- vice isdesigned to detect or avert. User acknowledges that',it isimpractical andextremely difficult to fix the actual damages, if any,which may proximately 'result from a failure toperform;any ofthe obligations:'herein,;or the failure of thesystem to'properly operate with.resulting loss to User because of,among other things: The,uncertain!amount or value property property p _ Potherwise a affected by occurrences which othe system isoreservicehdesigned to detect or averthe:. remises which be lost,stolen,destroyed,damaged or b The uncertainty of the response time of any police or fire department,should they be dispatched as a result of a signal'from or at,premises; c. The inability to ascertain what portion,if any,of any loss would be proximately caused by Co.'s failureto perform!or by its equipment to operate; . The nature of the service tobe performed by Co.. 5: User understands and agrees that if Co.should be found liable for loss or damage due to failure of Co.to,perform any of the obligations herein,including but not limited to Installation, maintenance, monitoring or service, or the failure,of the system or equipment in any respect whatsoever, Cos liability shallbe limited to a sum equal to.the total of.six(6)monthlyipayments or Two Hundred Fifty($25000)Dollars,whichever Is the lesser,as liquidated damages and not as, a penalty and this liability shall be exclusive,and that the provisions of this Section shall apply if loss ordarnage,irrespective of cause or origin;results direct- ly Or!indirectly to personsor property,from performance or nonperformance of the obligations imposed by this contract,or from negligence active or other- wise,of Co.,its agents,assigns or employees. 6. If User wishes Co.to assumes limited liability in lieu of liquidated damages as hereinabove set forth,User may obtain from Co a limitation of liability by pay- ing an additional monthly service charge to Co.If Use;elects to exercise this option,a rider shall be attached to this agreement setting.forth the terms,condi- tions and the amount of the limited liability,and the additional monthly charge.Such rider and additional.obligation shall in no way be interpreted to hold Co: as an insurer. - 7.. THIRD PARTY INDEMNIFICATION:When Subscriber in the ordinary course of business has the property of others'in his custody,or thealarm system extends to protect property of others,Subscriber agrees to and shall indemnify,defend and hold!harmless Company,its employees and agents for and against all claimsbrought by parties other than the parties to this Agreement.This provision shall applyto all claims regardless of cause including Company's performance or failure to perform and Including defects'in:products,design,installation,maintenance,operation or nonoperation,of the system whether based':,upon activeor passive "-. negligence,indemnification;contribution,warranty,or strict or product liability on the part of the Company,its employees or agents,but this provision shal I not ap- ply to claims:forloss or damage solely and directly caused by an employee of.Company while on Subscriber's premises. 8. User agrees to be responsible for redecorating,andall:other reasonable damages to premises caused by installation;maintenance,or removal of all or any part of the system.User agrees to provide access to premises and to permit only.authorized Co:agents to inspect alter,remove,'adjust,service„repair,add devices, equipment,or wiring,and agrees to reimburse Co.for lose of or damage to;installed devices,wiring,and equipment. 9. Cost of unnecessary service,or false alarm..calls caused by User and costs to repair or reinstall after fire,..other casualties;painting,alterations,or costs.°ther than for ordinary wear and tear,to be borne by User.If excessive falsealarms are caused by carelessness,malicious or unintended use of the alarm system,Co. ,may,at Its sole discretion, deem same to be a material breach of contract on part of'User and may be execused from further performance. User agrees to eliminate conditions or factors interfering with theproperoperation of installed devices or which may cause false'alarms. 10. Cg reserves'the right to substitue protective devices for those specified!if the protective effect is substantially equivalent'. The cost of,any changes and, variances in the system asherein contracted for or as originally installed made at the request of or made necessary or required by User's act,or whichmay be demanded by insurance interests,governmental]agencies,or inspection and rating bureaus are to be borne by User User:agrees that Installation work Is to be done during'Co.s regular work hours and willprovide electrical cutlets and power required'at his expense, 11. In the event of an alarm signal from premises,Co.agrees to transmit it to local police,fire department or persons designated by User,.unless Co.has reason to believe an emergency situation does not exist It Co. holds premises keys,it is hereby authorized to enter and make.a:visual inspection of the interiorof the premises or protected area User hereby authorizes Co:,at Co.'s discretion;tocause the arrest of anyone found on the premises without authority to enter and cause him tobe held until released by User or his representative.,User agrees that Co,at its discretion,may respond;to.alarm using Co.personnel,in addition to or in lieu of policeor User's'.designated representative.' 12. Co. is to be kept Informed in Writing'by Userof his daily and holiday opening and closing schedule, if applicable,.and of all persons authorized to enter ,premises during his Closed hours or who may be called in the event of an alarm signal from or at premises User hereby authorizes:Co to Manually or automatically disconnect system,.if so ordered,by a public official or regulation or for nuisance or electrical reasons or if Co:,is unable to,notify User:at, ' ,emercency numbers listed or if:User declines,ior fails to arrive at premises within 30 minutos after notification. User agrees to'hold Co harmless.'and to in- demnify Co.for any damage,loss or liaoilily whichmay reeult'from the turning off of the'system. 13, Co is to be informed by User of.omissions In protection or-devices within five days ofcompletion of installation or the installation is to be Considered com pleted and accepted by User.User acknowledges.that additional or different protective devices and servicesare available at additional cost and the system as agreedonherein is as selected by User: 14. User acknowledges that all monthly or quarterly(hereinafter"periodic")charges'set forth herein are,based upon existing federal,state and local taxes,utility charges,including telephonecompany line charges,and labor service costs.Co,shall have the right,at any time,to increase,the monthlycharges provided herein to reflect increases iin,such taxes and utility charges.Not more often than once each twelve months,Co.shall also have the right to increase periodiccharges propro- vided herein by a percentage equal to increase in the Department of Labor Consumer Price Index,San Francisco Oakland Area(all items)since the effective date of this Agreement or since the date of the last such cost of living increase pursuant to this paragraph,whichever date is later,and User agrees to pay such Increased monthly charges.. Nbtwithelanding any:other terms and conditions set forth'in this Agreement,so that the Ca may properlyadjust periodic charges to recover increases In!its, services'and maintenance costs which are not recovered by increasepursuant to'paragraph,14.1 above,atianytime after the expiration of one year fromthe date of ' installation,Co. may increase the monthly service charge to an amount exceeding thecharge provided in paragraph 14.2 above upon giving the'User notice in writing.If User is unwilling to pay such additional monthly charges imposed pursuant to this sub-paragraph 14.2,User may terminate this Agreement upon giving notice to Co.within thirty(30)days from the effective date of the increase.Users failure to notify.the.Co.within said thirty(30)days shall.constitute User's consent to the increase pursuantto,this sub-paragraph 14.2.. 15. Should the whole many part of the_premises herein involved be acquired orcondemned for any public or private use or purpose,the"entire remaining'balance of the initial period or extensions of this agreement shall immediately!become due and payable,Co.assumes no,liability for failure to perform because of labor trouble,riots floods, fires,acts of God,:or any catastrophe or condition beyond its control and is not required to.perform work while any such condition exists. This agreement Is not assignable by.User without the written consent of Co:'Ca shall have the right to assign this agreement or subcontract any of the services !it may perform.There are no verbal!understandings changing:or modifyingthisagreement. 16. It is understood and agreed by and between the parties hereto, that if there is any conflict between this agreement and Users purchase order; or any other document this agreement wilt govern;whether such purchase,order or other document is prior or subsequent to this agreement.In,theeventany,provisions or parts of this contract shall be unenforceable the,parties understand and agree that the remaining provisions and parts shall continue in full force:and.effect. 17. Subscriber acknowledges that if Company utilizes a digital communicator for the purposes of sending alarm signals from Subscriber's premises to Company's Central Station, that the signals from Subscriber's alarm system are sent over Subscribers regular telephone service to Company's Central Station arid in the event Subscribers telephone service is out oforder,disconnected, placed on vacation,or otherwise interrupted,signals from Subscribers alarm syar.m will not be received in Company's Central Station during any such interruption and the interruption will not tok nown to Company Subscriber further acknowledges and agrees that signals are sent over telephone rompanytines which are wholly beyond the control and jurisdiction Of Company and are maintained:and serviced by the applicable telophone',company. .. (NIT y BayYY.LGA.IlL. 41DL!- -' 7- AGREEMENT Pg 1 Of . 2 BA 325 7TH STREET•P.O.BOX 2080'`T ❑ New System ALARM ACCOUNT# COMPANY OAKLAND,;CALIFORNIA 94607' i Alteration-Addition, A83-509 (415)452•32111 0 New Owner CONSUMER AFFAIRS LICENSE *Et Cancels FormerContract LEADq LA(000028 adName SAME AQfF 12297/6570/4951 - Old Rate 113.00 - ®.Other SAN JOSE ALAPal-- - - - - 10/28/86, User hereby authorizes Bay,Alarm Company hereinafter Co.,or:assigns,to'install, maintain, and service an alarmdetection or monitoring system under the following conditions and agrees to pay the installation charge upon completion and the service chargeinadvance atCo-'s address',for an Int�ita1l per odof five years,The:Company shall ihorou}Igttly instruct the user in the proper,feat the alarm system upon of the ala(n system. Ayer the initial par'sad, Mrs Agrectnani Stwil Garro ISticaf'/ renew't ue? or-aL:Cefi_-twe�one year potit ''s,in?eas au`ley'pplor virit.en nave is given by either party. User - CITY OF CUPERTINO- (LIBRARY) Grid, 59/F5 Phone • (408)- 252-4505 Address- 10400 TORRE AVENUE / PACIFICA DRIVE City, CUPERTINO. Zip 95014 GROSS STREET Monthly ServiceCharge113..00 Due(Quarterly I PraMagiWn advance:Installation Charge$ _0-- of which$ is due upon signing this agreementand'balanceofl$_ .-07 due upon completion-User agrees to pay in addition to charges stated herein,. all taxes,permits,fees,,or any costs relating to this system imposed by any governmental or regulatory body or increases in charges made:by the telephone company.User understands there maybe;a one-time)telephone company charge for installation of an interface lack.,Protection to,consist of the following only:: , -- - TYPE SYSTEM DIGICOFI BURGLAR ALARM/FIRE' ALARM t�/"SIOICES- INST HOURS. S. .AM ,. PM.. N'KEYS N/A UNITS Telco tag is located at the old transmitter in the basement. WORK ON THEALARMSYSTEM WILL BEGIN APPROXIMATELY AND'BE SUBSTANTIALLY COMPLETED BY' REMOVE: Two (2) key operated-transmitters INSTALL: One (1) digicom central station control w/fire panel LEAVE AS Is: a s ei>3 0l I;erriit-im eirita'Itic � {-� . Fire: Two (2) smoke detectors in the heating duct One (1) pump failure device One (1) supervisory device.€or fire system Burglar. Alarm: - One (1) burglar alarm system Decals and sighs *Upon consummation in full of this agreement. User is aware there is a direct charge from the telephone company for the installation of • an interface jack. (Rave,,Pacific Telephone type system.) User Mill turn off heating and air conditioning during period alarm system is set. L� L :M .,1jA.".' .t ..,rvr. i.n ;r..♦ e1e•�ea ♦ -v. ♦ se. oe,a.a -♦. ri,.-re: Iae1 . . .. _. . . AAAA AAAA _. . Bay Alarm Company can, at its sole discretion, take out of service--or disconnect—alarm. protection in the event of excessive false alarms. -(Continued)- Co;makes no:express or implied warranties as to any matter whatsoever,including,without limitation condition of the equipment,its merchant- ability,or Its!fitness for any particularuse-User acknowledges:that any affirmation of fact or promise made by Co.,shall not be deemed to create an express warranty;that User isnot relying on Co.'s skill or judgment in selecting or furnishing a system,suitable for any particular purpose;and that there arena warranties which extendbeyond those on the face of the agreement hereof.This agreement shall,not be binding upon Company unless( approved in writing by an officer of the Company.,In the event of nonapproval;the sole liability of theiCompanyrshall be to refund User the amount that has been paid'to.Company by User upon thesigning of thisagreement. The reverse,of this agreement is incorporated herein:'User acknowledgesand agrees that Co-isnot an insurerrandthat User assumes all risk or loss, or damage to Iis .remises'.or contents thereof. User acknowledges receipt ofcopy and that he has read and understands the reverse side of this agreemen 4aat he has discussed paragraphs 4.and 5 regarding Company's$250.00Ilimitation of liability and has agreed'.to amount set forth_ herein. -i-v r INRIA '.. Alarm r.mpany operators are licensed and regulated by the Bureau of Collection and Investigative Services Anyquestions c neer Ing an.Alarm' Company opera .. be r (erred to the Chief Bureau of Collection and Investigative Services, 1920 20th Street,Sacram Ca r I 9551 • Ce C- t...14:.,,-z - RB 2904 CITU OF CUP TING (LIB ) SALESMAN: ',AGENT `USER x Ski f j// APPROVED AUTHORIZED SIGNATURE TITLE. If. 'User agrees to carefully and properly test and set system,including walk test if,movement detection cfevroes are installed,and wilt notify CO'.promptly of any operating defect.User hereby agrees that all equipment,devices,'foil,wiring,and attachments thereto remain the sole personal property of Co,all or any part thereof removable at expiration of this agreement or upon default in arty of the terms hereinwithout prejudice to collection of any or all sums due under the ens tire contractor extensions thereof.Useragrees that.installed devtces and equipment are not fixtures Icyhisbpremises. 2. If it becomes necessary for Ca td institute legal proceedings to collect any charges as set forth herein;the unseccessfuf party shall pay to the successful party reasonable attorney's:fees where permitted by law. 3. User agrees to pay Co:sstandard rate for past due or icarrymg charges if payments are hot made on time or if installation charge rs paid on a periodic payment plan.A reconnect charge is to be paid by User if alarm is our off because of a past due balance and User desires it reconnected,User is to receive:no credit if system is temporarily cut:off or out of service for any reason'. 4. COMPANY IS NOT AN INSURER;LIQUIDATED DAMAGES;LIMITATION OF LIABILITY-Itis understood and agreed:That Cos is not an insurer;thatinsurance if any shaft be obtained by the User;that the payments provided tot herein are based solely onthe value of the service as set forth herein and are unrelated to the value of the:Users property or the property of others located on Users premises, that Co.makes no guaranty or warranty, Including any impliedinerrant)/ of merchantability of fitness that th'e equipment or services supplied will avert or prevent occurrences or the:cpnsequences therefrom which the system or ser- vice is designed to detect or avert User acknowledges that it Is impractical and extremely difficult to fix the actual damages, if any,which may proximately result from a failure to perform any of the obligations herein,or the failure of thesystem toproperly operate with resultingloss to User.because of„among other .things: a The uncertain amount or value of Users property or the property of others kept on the premises which,may be lost stolen destroyed',damaged or otherwise affected by occurrences which the system or service is designed to detect or avert;'. b The uncertaintyof the response time of any police or fire department,should they be dispatched as;a result of a signal.from or at premises;.. c The inability to ascertain what portion,if any,of any toss would be proximately caused by Co.s failure to perform orrby its equipment to operate;: d The nature of the service tote performed by Co. 5, User understands and agrees that if Co,should be found liable for loss or damage due to failure of Ca to perform any of the obligations heroin including:but not limited to installation; maintenance monitoring or service, or the failure of the system or equipment in any respect whatsoever;Co.'s liability shall be limited to a sum equal to the total of six(6)monthly payments or Two Hundred Fifty($250.00)Dollars whichever is the lesser,as liquidated damages and not as a penally and,this liability shall be exclusive;and that the provisions of this Section shall apply:if loss or damage,irrespective of cause or origin,results direct- ly or indirectly to persons or property,from performance,or nonperformance of the obligations Imposed by this Contract, or from negligence,active or other- wise,of Co.,its agents,assigns or employees., 6b If User wishes Co,to assume a limited liability in lieu of liquidated damages as'hereinabove set forth,User may obtain from Co a limitation of liability by pay- ing an additional monthly service charge to Co. If User elects to exercise this option,a rider shall be attached to this agreement setting forth the terms,condi- tions and the amount of.the limited liability,and the additional monthly charge.Such rider and additional obligation shall'in noway beinterpreted'to hold Co, as ant neurer, 7 THIRD PARTY INDEMNIFICATION:When Subscriber in the ordinarycourse of business has the property of.others in his custody,or thealarm system extends to protect property of others,Subscriber,agrees to and shall indemnify,defend:and hold harmless Company,;its employees and agents forandagainst all claims brought by parties other than the parties to this Agreement This provision shall apply toall claims regardless of cause Including Company!s performance or failure. to perform and including defects in products,design„installation;.maintenance,operation or sionoperation of the system whether based upon active or passive negligence indemnification contribution,warranty,or strict or product liability on the part of the Company,its:employees or,agents,but this provision shall not ply to alaims for loss or damage solely and directly caused by an employee of Company while on Subscriber'apremises: 8!.. .User agrees 10 be responsible for redecorating and:aii other reasonable damages to premises caused by installation,rnaibteenance,orremoval of allor any part of the system.User agrees to provide access to premises and to permit only authorized Co.agents to inspect,alter,remove adjust,service,repair,:add devices; equipment,or wiring,and:agrees to reimburse Ca for loss of Or damage to,installed devices,wiring,and equipment. 9. Cost of unnecessary service or false alarm calls caused by User and costs to repair or reinstall after fire,other casualties:;painting,alterations,or costs other than for ordinary wear and tear,to be borne by User If,excessive false alarms arercaused by carelessness,malicious or unintended use of the alarm system,Co. may at its sole discretion, deem same to be a material breach of contract on,pert of User and may be execused from further performance User agrees to eliminate conditions or factors interfering-with the proper operation of installed devices or which may cause false alarms.. 10p Co. reserves the right to substitue protective devices for those specified if the protective effect is substantially equivalent. Thee cost of any changes and variances in thesystem as herein contracted for or as originally installed,made et the request..of or made necessary or required by User's act,or which may be demanded by insuranceinterests,governmental agegcies,or inspection and rating bureaus,are to be borne by Uset.User agrees that:installation work is to be done during:.Co s regular work hours end will provide,electrical outlets and power required at his expense. 11- In the-event of an alarm signal from premises„Co.agrees to transmit it to local police,fire department or persons designated by User,:unless`Co.has reasonto believe an emergency situation does not exist. If Co. holds premises keys, it is hereby authorized to enter and make a visual inspection of the interior of the, premises or protected area User hereby authorizes Co.,at Co'e discretion,oto.cause the arrest of anyone found on the premises without authority to-enter and'. cause him to'be held iuntilireleased by User or his.representative,User agrees that Co,et its discretion,may respond to alarm using,Co.personnel to addition toor in lieu of police or User's designated representative'. _ 11, Co. is to be kept informed in writing by User of his daily and holiday opening and closingschedule, if applicable,and of all persons authorized to enter premises during his closed hours or who may be called in the event of an alarm signal ffbm or at premises. Liter'hereby authorizes Co. to manually or automatically.disconnect system, if so ordered by a public official or regulation or for nuisance'or electrical reasons or if Co is unable to notify User at em-ercency.-numbers listed or if User declines, or fails to arrive at premises within 30 minutes after notification. User agrees to hold Co harmless and toin; dernmfy CO..for any damage,loss or liability Which:may result from the turning off of the system; 13, 'Co. is to be informed by User of omissions in intellection,or devices within five days of completion of installation or the.installation.is;to be considered com- pleted and accepted by User. User.acknowledges that.additional:or different protective devices and services are available at additional'Icost and the system:as. agreed on herein leas Sleeted by User. 14, User acknowledges that!all or•:quarterly(hereinafter'iperiodic')charges'set forth herein are based upon existing federal,stateand local taxes,utility charges,including telephone company line charges,and labor service costs.Co:shall have the at any time to increase the monthlycharges provided herein to reflect increases in such,taxesand utility charges.,Not more oftenithan once each twelve months,Co-shall also have the right to Increase periodiecharges pra vided herein by a percentage equal to increase in the Department of Labor Consumer Price Index,San Francisco Oakland Area(all items)since the effective date of: this Agreement or since the date of the last such cost of living lnerease pursuant to this paragraph,whichever date is later,and Useragrees to pay such increased monthly charges. Notwithstanding any.Other terms and conditions,set forth In this.Agreement,so that the Co may properlyadjust periodic charges to recover increases in its. services and maintenance costs which are-not recovered by increase:pursuant to paragraph 14:1'above,at any time after theexpiration of one year from'the dateof installation,Go may increase the monthly service charge to an amount exceeding the charge'provided in paragraph 142{above upon giving the User,notice in writing If User is unwilling do pay such additional monthly charges-imposed pursuant to this subparagraph 14:2,User may terminate this Agreement upon giving notice Cor within thirty(30)days from theeffeetive date of the increase.User's failure to notify the Co.within said thirty(30),days shall constitute Users consent. to the increase pursuant to this sub-paragraph 14.2. 15. Should the whole or any part iof the premises herein Involved be acquired or condemned for any public or private use or purpose,the entire remaining'balance,of the initial period or extensions of this:agreement shall immediately becomedue and payable ,Co.assumes no liability for failure to perform because of labor trouble,riots,floods fires,:acts of God,or any catastrophe or condition beyond'its controland is not required to perform work while any such condition exists. This agreement Is not assignable by,User without the written consent of Co Co:shall have the right to assign this agreement or subcontract any of the services It may perform.There are no verbal changing or modifying this:'agreement. 16. 'It isi understood and agreed by and between the parties hereto that if there is any conflict'between this agreement and User's purchase order,orany other document,this agreement will govern,;whethersuch purchase order or other document is prior or subsequent to this agreementIn the event any provisions or parts of this contract Shall be unenforceable the parties understand and agreethat the remaining provisions and partsshall continue in full forcerand effect. 17. Subscriber acknowledgesthat if Company utilizes a digital communicator for the purposes of sending alarm:signals from Subscribers'premises Lo Company's Central Station that the..signals from Subscriber's alarm system..are sent over Subscribers regular telephone service to Company's Central Station and in the event Subscriber's telephone service is out of order disconnected, placed on vacation or otherwise interrupted,signals from Subscriber's alarm system'. will not he received in Company s Central Station during any such interruption and the Interruption will not be known to Company Subscriber furtharacitnowiedges and agrees that signals are sent over telephone company lines which are wholly beyond the control and jurisdiction of Company and are maintained and serviced' by the applicable telephone'company.. 'NIT. �' Pg 2 of 2 BA ALARM ` CONTINUATION PAGE , COMPANY _ SINCE 1946 Ci'li• OF CUPERTINO (LIBRARY) ACCOUNT# 10400 TORRE AVENUE/PACIPICA DRIVE – A83-509 ah — CUPERTINO, CAT.TFORNIA 95014 LEAD# , g Bay Alarm may, upon notifying user and giving riper five (5) days ro correct discontinue monitoring, or disconnect and remove the commimicator, in Use event of excessive signal activity by user owned equipment. , 1�_..::. .<.v.ap:. • ••Ny>v o,••__ _ a ♦ a_h a-. .. . ..�, •s tlW.• ..• •. ..d.. an.- ( © �. __ . . S,•. • ,:..<4... .'. •:r .aa:_•....• mr....... o...... User is aware there is a three to four week backlog on installation of this syz tem. - - User does not desire any additional alarm devices or services at this time. . 4- - tea . -^. _ BAY ALARM CO/ r USER at---1C.---4+- „, /7":;,'-• % / l. lCC._ _rat'� PrI�.I ..zr`_”-- RA 2904 BY: R . �.u/� DATE SIGNED:. ,./� �;,7"_ y2 --_ DATE SIGNED: a �hell.V r r