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HomeMy WebLinkAboutRAP15-003 Alarm Monitoring Service AgreementDocuSign Envelope ID: C97635B2- 3593 -4FDF- BASF- D467F55AOOCA Uc, AL 99-40 FL EF0000964 OK 648 TX 0 -09590 VA 11 -2850 ALARM MONITORING SERVICE AGREEMENT DATE DEALER # SYSTEM WACCOUNT # POLICE ALARM PERMIT # FIRE ALARM PERMIT 7 -1 -15 2284 R990025 - -� 1. NAME iverview Apartments Preservation, LP ALARM CONDITION RESPONSE OPTIONS • ' 39169 US Hwy 6, Building A • •�i OPEN /CLOSE ❑ 2. ADDRESS — ADDITIONAL ZONE❑ Avon CO 3. CITY STATE 81620 ZIP CROSS STREET xxom ADDITIONAL ❑ (970) 949 -5840 5 PASSCODE 4. TELEPHONE # MEDICAL ❑ COMMUNICATOR MAKE (MODEL #) FORMAT TYPE • DIRECTIONS TO PREMISES: RESIDENTIAL ❑ DEFAULT # TIME ZONE Mtn TESTTIMER 0 DAILY Q WEEKLY COMMERCIAL ❑ PHONE NUMBERS CONNECTED TO COMMUNICATOR: C) MONTHLY OTHER #1 LOCAL #2 AUTHORITIES AGENCY CODE AUTHORITY TELEPHONE NUMBER 0 = Fire © = Police EQ = Emer. /Medical • ! i • !I © = Guard Wom ! fm 50"o i ! OQ = Other AUTHORIZED . NAME . • BE • TELEPHONE NUMBER Jose Alvarado 1. 970 - 471 -1215 Cell 2. 3. 4. 5. 6. --c-- a• I 1 = {-Inmo IWI = Work I 1 = Cellular IF I = Pager El= Authority Level First July, 2015 b and between RRMS INC. ("Company") and This agreement is made this day of Y (" P y ") ITEM "1." ABOVE ( "Subscriber"). Location of Subscribers ('Premises ") ITEMS "2.," "3.," ABOVE. In co¢W eration of and subject to the terms and conditions hennafter set forth Company agrees to monitor and Subscriber agrees to permit Companv to monitor aU.L.Dremote Droarammablef3commercial ❑residential signaling system ( "System ") in subscribers Premises as a subcontractor of Invincible Security, Inc ( "Dealer"). SUBSCRIBER SPECIFICALLY ACKNOWLEDGES AND ACCEPTS PARAGRAPHS 3 AND 6 HEREOF. TERMS AND CONDITIONS ON THE REVERSE SIDE ARE AN INTEGRAL PART OF THIS CONTRACT. SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF CONTRACT. READ THE FRONT AND REVERSE BEFORE SIGNING. THERE ARE NQ NTIES EXPRESS OR IMPLIED WHICH EXTEND BEYO D THE DESCRIPTION ON THE FACE OR REVERSE HEREOF INCLUDING ANY IMP JED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PABTI r n eR PUR SE IN WITNESS WHEREOF, and intending to be legally bound, the parties have oeu executed m, Agreement to be executed on the date first above written. i9RIBCAP? By: Dsi•rwd by: Sl�� aes_ k6A o�.a6wsu Date Date: 7/1/2015 Approved: / / RRMS -FM- 68FB890003FF4C8... ALARM CONDITION RESPONSE OPTIONS • •�i �W:YfW1 � xxom o _ ! • i ! i 0 • ! i • !I _ Wom ! fm 50"o i ! El= Authority Level First July, 2015 b and between RRMS INC. ("Company") and This agreement is made this day of Y (" P y ") ITEM "1." ABOVE ( "Subscriber"). Location of Subscribers ('Premises ") ITEMS "2.," "3.," ABOVE. In co¢W eration of and subject to the terms and conditions hennafter set forth Company agrees to monitor and Subscriber agrees to permit Companv to monitor aU.L.Dremote Droarammablef3commercial ❑residential signaling system ( "System ") in subscribers Premises as a subcontractor of Invincible Security, Inc ( "Dealer"). SUBSCRIBER SPECIFICALLY ACKNOWLEDGES AND ACCEPTS PARAGRAPHS 3 AND 6 HEREOF. TERMS AND CONDITIONS ON THE REVERSE SIDE ARE AN INTEGRAL PART OF THIS CONTRACT. SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF CONTRACT. READ THE FRONT AND REVERSE BEFORE SIGNING. THERE ARE NQ NTIES EXPRESS OR IMPLIED WHICH EXTEND BEYO D THE DESCRIPTION ON THE FACE OR REVERSE HEREOF INCLUDING ANY IMP JED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PABTI r n eR PUR SE IN WITNESS WHEREOF, and intending to be legally bound, the parties have oeu executed m, Agreement to be executed on the date first above written. i9RIBCAP? By: Dsi•rwd by: Sl�� aes_ k6A o�.a6wsu Date Date: 7/1/2015 Approved: / / RRMS -FM- 68FB890003FF4C8... h SuMGiber agrees that the 5 of the System car the dansmission 2. Suhsrriberagreesmal[his, for central station monitoring ii Dealer's failure to prepay Compar to terminate this Agreement, and: Company for all general, spacial, k employees, suppliersorsubcontra to, payment for monitoring service equitable reliel against Company, for future services to be rendered in good waking order by Subscriber. Subscriber furdw agrees that Company has no responsibility l& Hsu operation nr non- ooerafinn soy's Central Station receiving equipment. utlnge, without action by either party, extend and renew itself under the same terms and w the conditions precedent drat Dealer prepay sy Company to Subscriber, all that Dealer rot tea in breach or defauh under Company's contract with Dealer. Subscriber agrees that tale.'s breach or defwkunder Company's contract with Dealer shelf permit Company, upon five (5) days written notice to Subscriber, eleases luenbal expense, loss and damage to Subsaiber,whetMr due to the sole, joint or several negligence of Company, its agents, servants, ther agrees that Dealer is an independent oontractorwil not an agentof Company for any purpose whatsoever, including, but not limited briber hereby waives any naht to equitable relief against Company. NobWdustandmg the above provision, should Subscriber obtain o pay Company all monies maimed by Compsrry to be due and owing to Company by Dealer for past services to Subscriber, all monies ae-Company's reasonable attorneys, fees and expenses in defending any action by Subscriber seeking equitable relief. 4. Subs berun6erstanastnatbanami sslmotspnMfr mtneaev"swMu iCn wsysn cable m wire (telephone circuit) and that aharna6ve or additional protection earl be inatafled at transmits signals via the telephone cronbthere are various types of telephone line service, inclw specifically acknowledges that Ccmpany dose not represent or warrant that the devices, Systef telemetry, cable,& telephone line service may not be interrupted, circumvented a compir i! supervised eporting device which requires the telephone equipment, connection to the teleph with the System for a signal to be transmitted by dha System and/or received by the central statl at the central station and no signal can M received by the central station while the Telephone transmissions. radio wismetry and radio frequency transmissions may be impaired or inferrupta electrical storms, power failures & other conditions and events beyond Me control of Compan the cent rai station and ro sippr d can be received by the central station while the interruption c 5.'Sum. fiber does hareoy f& hirryheraself and all parties claiming under him/herht release all deductibles and retained limits as well as loss or damage in excess of policy Omits. his exprf successors or assigns shall have any rights created by a Loan Agreement, Loan Receipt, or r 6. Subscriber agrees to indemnify, defend and hold harmless Company from and against all which may be asserted against or incurred by Company by or due to any person not a party to or damage Including, butnotlimtted b, statutory nivifdamages, personal injury, death and/or prof dispatch, maintenance, monitoring, reoordnp of c&rknunhcebons, operemn a non- operemn negligence (including prow negligence) of Company or Its agents. servante, employees, suppl implied, product or strict Is billy, and/or any dam for contribution or indemnification, whether 7. Upon termination of monitoring services for any reason, the receipt of signals from Yu apparentreesen & Pramleesor Systemsriot order mntractwithCompany, Subsbriberempower (IMUM AMOUNT OF SUCH LIMITED LIABILITY SUBSCRIBER MAY AS A kN ADDITIONAL AMOUNT FOR THE INCREAStE IN SUCH LIMIT & LIA- TO HOLD COMPANY AS AN INSURER. is equipped (*devices ") and/or the System be viers io telemetry, satellite transmission. Ibscriber's reaa�a�t and expanse. Subscriber turOwr uMwsWWs Me for ter equipment whicn I direct wire,McCin hLmp,Mulaplex,efo., and the devices are rotinlalliDle and Subscriber r the transmission of signals from the devices or tlhe System via satellite Vansmissien, radio I. In addition, Subscriber unders 'and s that a tat txnbal s-a- communicenor is a ron- e network and Me telephoro line ('telephone quipmanlj o be mmpatibia and operative if the Telephone Equipment Is rot eompaan &operative there is ro iodisation of this fact uipment remains incompaubie & Ioperatve. Subscriber IurHer understands thin satellite I ground interlarence and& abnospheric condiliona, Indudrtg, withoutlirtitaa.. sun spots, cad Mat it satellite or radio banamise.na sue nterupted there is ro indication of Me fact at r nues. d discharge Company from and against all hazards covered by insurance or bond, including ly understood and agreed that no Insurance oomppararryry, insurar, or bonding company or their tr like document or procedure, &any right of suDrogabon against Company ,ims, demands, liabilities, dame es, losses. expenses, including attorneys fees and lawsuits s Agreement, including Sub 'a insurance'& bondinrgq tomparry, for any expense, bas ry damage, real orpersonal, arising outof the design, safe,lease,iestallatim repair, service , tie equipment, System or central station facilities, whether due b the sole, pint & several s, or subcontractors, breach of contract, express or implied, bred) of warranty, express or incraappable of communicetirg with is Central Station by dkect &remote pprrogramminga die removal &deletion of data necessary for the operation of the System or through any other means renderinoperabiethe micr oroHereanmumcebon device, witheu[any habdiryoSubscdDer,and SuDscribm hereby releases Company b &all general, special, incidental,exemplary, punitive and corusequentex�pen e, tees & damage b Subscriber, wnedher due to die axle, lint or several negligence (including grow negligence) of Company, its agent, servants, L woolens & wbcorltraetors. 6 Company is prohibited to remote program & Io render inoperable the microprocessor or other communication device, & d after written notice to Subscriber, Suas .ri r Palle b dismnrtecl Vhe System or cat the System Dom oommunicetirp with He Central Station, Subscriber agrees b pay to Company the sum of Fihy (150.00) Dollars breach signal tom dte Premises received by He Central etatien, as Ipuidated damages end notes a penalty _Further, Subscriber agrees b pay o Company all coats actually maned by m _v,ry in any danm, sutra arbitrarion ('Ctelm� lnduding, withmt limitation, aeWal atorneys' fees and coon costs incurred by Company meo&teetlonwM, arising aaof or from & resulting horn crow Chaim indudiro. without fimitatien. arw aeon at law & in egli arising out of this Section. or services {encere0 b Subscriber ry Ote tek and whenever changes are made b telephc 9. In the eventthe System isactivatedfot, messed against Subscriber anN& Compar be permitted, upon In (5) days written redo without apparent caws. 10.This Agreement becomes Wndkg up conditions have been interlineated, altered a be governed by and construed according b 11.This Agreement is not assignable by assignable by Company at its sole oobon. 12. It Company shag waive cry each be construed as a waiver of arty breach urd mneurrentiv or mnsecuti end stud inclu 13.(4 Non -U.L. Cen Station monflic writing upon receipt of signals trnsm aited In without hmiteaon, any general, spa". incid (b) U.L. Central Station monitoring se pursuant to the U.L. standards for the Ul. c 14. Subscribe agrees that Company 'a n trar"amined b me devices or Sten yah anon& 16. AN claims, actions or proceedings, h or event occurred from which the chum, action of No paragraph. 17. This Instrument contains the entire negotiations, commitments, contracts, expre deemed mar into this Agreement. Neift hereln. Should any provision hereof (or porti, remainder of the provision and Mis ktstrumer binding and subsisting. All changes or arson 16. The acceptanoe of olds Agreeme acknowledgment or contract submitted by Su of Company, whedwr those arms orcendido Neither the tallure of Company to object to a to the same engat 2 Con{ 22 to the 2 writini 2< to suit be su (25 which Subs, & Sul are b (i) eonfirrrh that the Telephone Egyipnient is compatible with the System, aspecialy, when these are changes to the Telephone Equipment e conpary, n.e., call waldng, Centrex telephone system, answering machines, etc., and (g) test the equipment penodcally, at lent monthly rAm fir the Premises. Any claimed inadegwcy or failure of Me equipment shag be immediately reported In Dealer. asonwhesoever, theSubscriberagieestoprywithoutrecourse or orelmburseCompanyhdany fines. lim.costs, expenses. and penalties try courtor local, state orfederal government or agency as a result thereof. Subscriber further agrees that Company, at its sole option, shall uDecriber, In terminale this Agreement d, in Company's ode opinion. Subscriber misuses or abuses M System. or M System Is activated mpany only when signed by an authorized representative of Company, who must be a Corporate Officer y any of the printed terms and finned by other wording. This Agreement is binding on the hairs, executors, administrators, successors and assigns of the parties, and shall ws of the state set forth in Company's address. iaibar except upon the written consent of Company, which shall be at Company's ode option. This Agreement & any portion thereof is bacnber, it shall not be construed es e waiver of any subsequent breach, and Companyy's hilors b exerdr cry rights hereunder shall rot tedficalfy waived ry Company in carting. Company's rights hereunder shaA tea amuWtiw, sod any riots Itereurder may be exercised remedlea available under law and aquiry even throuch rot expressN rokrred b herein. advice consists solely of the calling by telephone o Hird parry pro essional agencies &the telephone number o supplied Subscriber in uipmem at the Premises. Subscriber agrees Mat Company shall have ro liability ter any Ina, damage & axpenae to o Subscriber scrcr iber inducting, exemplary, genitive & consegwntial damages arialnp out of remote programming of dteEghipmen[ &System. lorhelsta s&ey of the obl'gations sat IorM in See6on 13(a) hereof and responding b dla Premises upon recalpt c a signal from the Premises &den issued as of the date of commenrament of momtonng service. guns hereunder are waived and reteasad automatically without notice and without Itabiliry b Company for cry general, coastal, incidental. I &damage to Subscriber, in rase the Central Station, telephone ro1vrOM equipment or facigtiea rhecenary toaperete ds Sysem & Contra] arty reason whatsoever, for the duration of such nternuption of service. responsibiliqq ter the mrdition or operadm of arty equipment, system, device, or pr of"sort of Subscriber, Dealer, the telephone ywte(Wephornecircuit), Sub ac6 admowledgasdot( a) ihecommurxra 'on betweenriteSystem at the Premises and Company's central newmaynot transmitthecommrmication hornthe yetam, and lines may not transmit Mammminl®tion fromtheSystem, and (c) Company's IV the telephone company Mat the telephone line is not operating when Comp ny receives Information advising it of said problem. g the ametry, Su iber understands that a radio telemetry, system is a cart- supemsad reporting device which requires operable antennae and werM contrail r a receSnsmitter and/or ntral station; if there s in anta of the transmissions or If the antennae are Inoperative, signal can be ved by the central station while the Interference and /or iroperal mnaiti in condnuas. r equitable, against Company must be commenced in court widen one (1) ear after the cause of action has accrued or the act, omission iceedingarisos, whichever is earlier, widiouljudicial extension of time, or sad claim, action or proceeding is barred, time belngc the essence ernhent Delwean the parties hereto whIn respect to the mennctiona described herein and supersedes all previous and mntemporenaoua implied, wanantiea, express or implied, atatemenu and representations, whether written & &al, partakknp Hereto, all of wltirh snail De r has author ry to make & claim any representaa -. term, promise, c&dition, statement, warranty, &inducement soh ch is not expressed rreoQ & is apphcetien to any droumstances, be held itepal, invalid & unenforceable b any extent the validity and enlorceabiliry of the N writ provisions n applied to arty other dreumstance s, shall not be a0acted Hereby, and shall continue In IWI face and enact'as valid, fe b His Agreement must be In wna, and signed by des parties to be binding en the parties. smiting or by course of conduct or payment by Subscriber to Dealer waives all terms and conditions contained in any purchase order, ear and Subscriber agrees that no other terms or conditions contained in any Subscriber document, unless signed by an authorized officer additional b, different from, or conflicting with the soma and conditions hereol, shall be deemed included herein or agreed to by Company. m munication from Subscriber. nor any performance by Company shall be deemed an acceptance of any terms or conditions which are terms and conditions contained herein. mal services are authorized by Subscriber, all services supplied by Company shall be subject to the terms of His Agreement only, except iitional services. rect for the provision of services under this Agreement. Subscriber agrees and acknowledges that des pbvisions of His Agreement inure rensore engaged M Companyy to provide any service set forth herein to Subscriber, and bind Subscriber b said subcontractor(s) with the dtpany. Subscriber spe Ill, agrees to defend, indemnify and hold harmless Company from and against all claims by any subcontractor may record wire and oral communications and hereby consents and authorizes Company to so record all such communications between servants, employees and& representatives. d In reimburse Company, for all charges, fees, expenses, permits, etc., by any utifiry or local, state or federal government or agency, relating ng information, notification information, and all other Information used by Company to perform services under this Agreement shall be in udon shall be in writing only. No oral communication shag be binding on Company. Subscriber awe" that all Subscriber requests mall be in willing m, if oral, shall be recorded by Company and Subscriber hereby consents eve no million any ark degrees tom re& nrein after person or DEMANDS WHATSOEVER IN LAW OR EQUITY NMICH SUBSCRIBER, OR ANYONE CLAIMING THROUGH 51JHSCHIHEH, IN ANY WAY ssainn t Ca U ClAxvi AuAmau .D COMPANY BASED UPON OR IN ANY WAY ARISING OUT OF COMPANY'S FAILURE TO CONTACT OR DISPATCH MEDICAL ASSISTANCE.) (�. DocuSign Envelope ID: C97635B2- 3593 -4FDF- BA8F- D467F55AOOCA Alarm Installation, Billing and Service Agreement Contractor Party Customer (Service location] Invincible Security, Inc. Name Riverview Apartments Preservation, LP 9896 Rosemont Ave., Suite 102 Street 39169 US Hwy 6, Building A Lone Tree, CO 80124 City -Zip Avon, Co 81620 303 -569 -6717 Phone - mark isecurit inc.com Email daniel.murray @eaglecounty.us The initial term of this contract is 12 months and entered into this date, 7 -1 -15 by and between the above listed parties, becoming effective on the date the account is placed in service. After the initial term this agreement will renew automatically on a month to month basis unless cancelled by either party with written notice, received 30 -60 days prior to cancellation. Contractor reserves the right to increase the monthly rate after the initial agreement period with at least 30 days' written notice and, unless refused by customer, shall take place on the next billing period. Contractor, for consideration of, and pursuant to, the terms and conditions hereinafter mentioned, agrees to inspect, test the existing equipment and, if functional, activate to a designated monitoring center at no cost. Basic Service Plan- Customer Monitoring Center Signal Receiving and Notification Services for Burglary, Manual Fire, Manual Police Emergency Extended Warranty (see paragraph 1.7) A ( ) Included or B ( x ) Not Included Pricing- Installation- None $25.00 & Service Fee- per month Annual Billin g: Cycle- ,charged on or about the first day of Card number Manual Check accepted January to: Exp date Sec code Name on the card billing zip code I authorize this credit card to be charged for all monitoring fees, and, in the event of customer's notification of early termination, the remaining balance of the current term. The entire contract between the parties consists of two documents: (1) this agreement, consisting of this page and through paragraph 1. 17, and (2) Alarm Monitoring Service Agreement. Which together supersede any and all other agreements, understandings, advertisements, or representations in connection with the declarations herein. You admit you have read this page in addition to the attachment which contains important terms and conditions for this contract before signing. You state that you understand the terms and conditions of this contract and are aware that no security system can guarantee prevention of loss or damage, nor that we are a security consultant. This agreement is not binding unless approved by the contractor - owner, Mark DonakovLsl� }9;„y Accepted: Accepted Invincible Security, Inc. 7806920A969748A' L1URM&kVkski uSigned by: Name A v6 A.6wSU Print- Customer 7/1/2015 DocuSign Envelope ID: C97635B2- 3593 -4FDF- BA8F- D467F55AOOCA 1.1 WE ARE NOT AN INSURER. We are not an insurer and you will obtain from an insurer any insurance you desire. The amount you pay us is based upon the services we perform and the limited liability we assure under this contract and is unrelated to the value of your property or the property of others located in your premises. In the event of any loss or injury to any person or property, you agree to look exclusively to you insurer to recover damages. You waive all subrogation and other rights of recovery against us that insurer or other person may have as a result of paying any claim for loss or injury to any other person. 1.2 NO LIABILITY; LIMITED LIABILITY. It will be extremely difficult to determine the actual damages that may result from our failure to perform our duties under this contract. You agree that we and our assignees, agents, employees, subsidiaries, affiliates and parent companies are exempt from liability for any loss, damage, injury or other consequence arising directly or indirectly from the services (including intemet/website services) we perform or the systems we provide under this contract. If it is determined that we or any of our assignees, agents, employees, subsidiaries, affiliates or parent companies are directly or indirectly responsible for any such loss, damage, injury or other consequence, you agree that damages shall be limited to $500. These agreed upon damages are not a penalty. They are your sole remedy no matter how the loss, damage, injury or other consequence is caused, even if caused by our negligence, gross negligence, failure to perform duties under this contract, strict liability, failure to comply with any applicable law, or other fault. At your request, we may assume additional liability by attaching an amendment to this contract stating the extent of our additional liability and the additional cost to you. You agree that we are not an insurer even if we enter into any such an amendment. 1.3 EXCLUSIVE DAMAGES REMEDY. Your exclusive damage and liability remedies are set forth in paragraph 2 above. We are not liable to you or any other person for any incidental or consequential damages. 1.4 HOLD HARMLESS. In the event any lawsuit or other claim is filed by any other party against us or our assignees, agents, employees, subsidiaries, affiliates or parent companies arising out of the services we perform or the systems we provide under this contract, you agree to be solely responsible for, and to indemnify and hold us completely harmless from, such lawsuit or other claim including your payment of all damages, expenses, costs and attorneys' fees. These obligations will survive the expiration or earlier termination of this contract. These obligations will apply even if such lawsuit or other claim arises out of our negligence, gross negligence, failure to perform duties under this contract, strict liability, failure to comply with any applicable law, or other fault. 1.5 OTHER PARTYS LIMITATION. If you purchased our services or systems through another business or person, or from us through a referral from another business or person, you agree that such other business or person acts solely as an independent contractor. Such business or person shall have no responsibility or liability to you for the performance or nonperformance of the system or services we provide under this contract. Without limiting the above, you agree that the liability of such other business or person is, in any event, limited in accordance with the provisions of this contract. You agree that such business or person and its assignees; agents, employees, subsidiaries, affiliates and parent companies may invoke all of our rights under these paragraphs. 1.6 TIME TO FILE LAWSUIT. You agree to file any lawsuit or other action you may have against us or our assignees, agents, employees, subsidiaries, affiliates or parent companies within (1) year from the date of the event that caused the loss, damage or liability. 9�S DocuSign Envelope ID: C97635B2- 3593 -4FDF- BA8F- D467F55AOOCA 1.7 EXTENDED LIMITED WARRANTY. (A) If customer's agreement includes this coverage, Invincible Security will repair or, at our option, replace any defective part of the system, EXCLUDING batteries, and will make any needed mechanical adjustments, for a maximum of a $ trip charge. We will use new or functionally operative parts for replacements. This limited warranty is for your benefit only, and may not be enforced by any other person. This limited warranty gives you specific legal rights. The laws of the state where this contract was signed may give you additional rights. (B) If customer's agreement does not include this coverage, all work will be done on a time and material basis at the current prevailing rates. 1.8 WARRANTY EXCLUSIONS. We perform warranty services only during our normal working hours. If you request us to perform warranty services outside our normal working hours, you will be required to pay us for the services at our then applicable rates for labor and parts. The limited warranty does not apply if we determine upon inspection that any of the following conditions caused the need for service: A. Damage resulting from accidents, theft, Acts of God, alterations or misuse; B. You fail to properly follow the operating instructions; C. Trouble in a telephone line; or due to interruption of power; D. Alterations to your premises; E. Alterations to the system made at your request, or made necessary by a change to your premises, damage to your premises or the system, or for any other cause beyond our control. We will not perform warranty services on any device not installed by us. You must furnish the necessary electrical power through your meter at your expense to obtain warranty services; F. It you fail to test the Equipment at least weekly, we will not be responsible for any warranties or services provided under this contract. Our obligation to provide replacement or repair service under this contract shall be conditioned upon the continued availability of the original part or component from the original manufacturer. 1.9 NO OTHER WARRANTIES. Other than the limited warranty, we make no guaranty or warranty of any kind, including any implied warranty of merchantability or fitness for a particular purpose with respect to the services we perform or the systems we provide under this contract. Your exclusive warranty remedy is set forth above. We are not liable to you or any other person for any incidental or consequential damages. Some states may not allow us to limit the length of an implied warranty or to exclude or limit incidental or consequential damages. The laws of the state where this contract was signed will determine whether these limitations and exclusions apply. 1.10 REPAIRS AND PARTS REPLACEMENT. At your request we will repair or replace the equipment we provided at our then - prevailing prices after the limited warranty expires. At your request we will also repair or replace anything excluded from the limited warranty at our then - prevailing prices. 1.11 ASSIGNMENT. I understand this this contract is not assignable by me except upon the prior written consent of the contractor and that any assignment by me without the prior written consent of contractor shall be void and of no effect. Contractor shall have the right to assign this contract to any other person, firm or corporation or its affiliate without notice to me. Contractor shall have the further right to subcontract any installation and / or services without notice to me, including but not limited to, monitoring serves and / or limited warranty/ extended limited warranty service that the contactor may perform. I acknowledge and agree that this contract and particularly those paragraphs relating to the contractor's limited liability, disclaimer of warranty and third -party indemnification inure to the benefit of, and are applicable to, any of its assignee(s) and /or subcontractors, with the same force and effect as they apply to the contractor. I further acknowledge and agree that an L�s assignee of this contract shall not be responsible for claims, liabilities or damages [ DocuSign Envelope ID: C97635B2- 3593 -4FDF- BA8F- D467F55AOOCA that accrued prior to the date of such assignment and are hereby releases from same. Any reference to the contractor as set forth in this agreement shall be interpreted to include references to its assignees(s), whether or not a specific reference is made to assignee(s). 1.12 DELAYS. We have no responsibility or liability to you or any other person for delays in the installation or repair of the system or the performance or our services, regardless of the reason, or for any resulting consequences. We have no responsibility or liability for interruptions of service, or any resulting consequences, whether due to strike, riot, flood, fire, terrorism, act of God, or any other cause beyond our control. During any such service interruption, we have no obligation to supply you substitute services. 1.13 MEDICAL. I understand and accept that the contractor specifically disclaims any responsibility for service associated with the notification or dispatching of paramedics, doctors and other medical personnel and/ or ambulance services and if there are any charges incurred as a result of said notification, said charges shall be my responsibility, whether requested or not and whether such entities were correctly or incorrectly notified, and agree to indemnify contractor regarding such charges. 1.14 CONTRACTOR IS NOT A SECURITY CONSULTANT and cannot address all of my potential security needs. Contractor has explained to me additional equipment and service that can be provided to me above what is identified in this agreement and I understand the additional items can be purchased at additional cost to me. 1.15 COVERAGE DISCLAIMER. No alarm system can provide complete protection or guarantee prevention of loss or injury. Fires, floods, burglaries, robberies medical problem and other incidents are unpredictable and cannot always be detected or prevent by an alarm system. Human error is always possible, and the response time of police, fire and medical emergency personnel is outside the control or the contractor and monitoring center. Contactor may not receive alarm signals if communication or power is interrupted for any reason. 1.16 SYSTEM TEST. Contractor has recommended I manually test the equipment monthly and any time I change telephone lien. 1.17 EQUIPMENT OWNERSHIP. The equipment will become my property upon payment of the purchase amount total include sales tax in full. This is the end of the Alarm Installation, Billing and Service Agreement. If monitoring ES-- service is provided, a separate two page monitoring agreement must be signed by both parties. DocuSign Envelope ID: FA424DA6- 8AB7- 4BB5- 894D- B8F3D5FFBA7C Lic AL 9940 FL EF0000964 OK 648 TX &09590 VA 11 -2850 ALARM MONITORING SERVICE AGREEMENT DATE DEALER # RYSTFM $ /GCCrII IKIT A 7 -1 -15 2284 F 8990026 T l 1. NAMEiverview Apartments Preservation, LP 2. ADDRESS 39169 US Hwy 6, Building B OPEN /CLOSE El 3. CITY Avon STATE CO ZIP 81620 CROSS STREET ADDITIONAL ZONE (970) 949 -5840 ADDITIONAL El 4. TELEPHONE # 5. PASSCODE COMMUNICATOR MAKE (MODEL #) FORMAT TYPE MEDICAL El DIRECTIONS TO PREMISES: • DEFAULT # TIME ZONE Mtn TEST TIMER RESIDENTIAL ❑ ODAILY COMMERCIAL PHONE NUMBERS CONNECTED TO COMMUNICATOR: O WEEKLY C) MONTHLY OTHER #1 #2 LOCAL •- AGENCY CODE AUTHORITY TELEPHONE NUMBER F❑ = Fire © = Police EQ = Emer. /Medical © = Guard O❑ = Other AUTHORIZED INDIVIDUALS TO BE • NAME TELEPHONE NUMBER °HONE 1 Jose Alvarado 970- 471 -1215 CeDE Cell 2. 3. 4. 5. 6. rnone Coae uescnptions Are: U = Home U = Work U = Cellular LJ = Pager V =--Y revel This agreement is made this First day of July, 2015 , by and between RRMS INC. ('Company") and ITEM "1." ABOVE ( "Subscriber"). Location of Subscribers ( "Premises ") ITEMS "2.,° "3.," ABOVE. In cofferation of and subject to the terms and conditions herinafter set forth Company agrees to monitor and Subscriber agrees to permit Companv to monitor a U.L. ❑remote Droorammablerj commercial ❑residential signaling system ( "System ") in subscribers Premises as a subcontractor of Invincible Security, Inc ( "Dealer'). SUBSCRIBER SPECIFICALLY ACKNOWLEDGES AND ACCEPTS PARAGRAPHS 3 AND 6 HEREOF. TERMS AND CONDITIONS ON THE REVERSE SIDE ARE AN INTEGRAL PART OF THIS CONTRACT. SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF CONTRACT. READ THE FRONT AND REVERSE BEFORE SIGNING. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED, WHICH XTEND B YOND TH nccrar TION ON TH FACE OR REVERSE NFRFnF INCLUDING ANY IMPLIED WARROIITY OF MERCHANTABI ITY OR FITNF c F ^R A PARTICULAR PURPOSE IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed,QLWMJ 41 I4s. Agreement to be executed on the date first above written. I ,JI� FioS�AlA, By: Must S r+eA- MAY�C dt~a�bWS�ei 7/7/2015 7/1/2015 Approved: Date / / Date: RRMSFM -1 1 68FB89COD3FF4C8... ALARM CONDITION RESPONSE OPTIONS _ WOW # ♦ • MOM V =--Y revel This agreement is made this First day of July, 2015 , by and between RRMS INC. ('Company") and ITEM "1." ABOVE ( "Subscriber"). Location of Subscribers ( "Premises ") ITEMS "2.,° "3.," ABOVE. In cofferation of and subject to the terms and conditions herinafter set forth Company agrees to monitor and Subscriber agrees to permit Companv to monitor a U.L. ❑remote Droorammablerj commercial ❑residential signaling system ( "System ") in subscribers Premises as a subcontractor of Invincible Security, Inc ( "Dealer'). SUBSCRIBER SPECIFICALLY ACKNOWLEDGES AND ACCEPTS PARAGRAPHS 3 AND 6 HEREOF. TERMS AND CONDITIONS ON THE REVERSE SIDE ARE AN INTEGRAL PART OF THIS CONTRACT. SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF CONTRACT. READ THE FRONT AND REVERSE BEFORE SIGNING. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED, WHICH XTEND B YOND TH nccrar TION ON TH FACE OR REVERSE NFRFnF INCLUDING ANY IMPLIED WARROIITY OF MERCHANTABI ITY OR FITNF c F ^R A PARTICULAR PURPOSE IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed,QLWMJ 41 I4s. Agreement to be executed on the date first above written. I ,JI� FioS�AlA, By: Must S r+eA- MAY�C dt~a�bWS�ei 7/7/2015 7/1/2015 Approved: Date / / Date: RRMSFM -1 1 68FB89COD3FF4C8... 1 Suhscribw agrees that M System is b of the System or the tranamissb of signals t 2. Subscriber agrees that this Agreement. for central station monitoring services to be to Dealer's failure o prepay Company as aforoa to terminate this Agreement, and Subscriber I Comoanv for all cameral. aoeoial . incidental m to be rendered Subscriber, g order by Subscriber. Subscriber further agrees that Company furs no responsibility for M operation or nnn- ooemsm Station receerp equipment action by either party, extend and renew itself under M same terms and on M conditions precedent that Dealer prepay ) Subscriber, and that Dealer not be in breach or default under Company's contract with Dealer. Subscriber agrees that a default under Company's contract with Dealer shah permit Company, upon five (5) days written notice to Subscriber, ate, loss and damage to Subscribe,whether due to M sole, joint or several negligence d Company, its agents, servants, it Dealeris an irdependentcontractor and notan agent of Company forany purposewhatscever,lncluding, but not limited waives any nphI to equitable relief against Company. Notw "Mstandin the aDboove provision, should Subscriber obtain y all monies claimed by Company o be due and owing o Company by Dealer for past services o Subscriber, all monies I reasonable attorneys, fees and expenses in defendmo any action by Subscriber seekinc equitable relief e. Subscriber understands that transmission ofsignals from M devices with which the System is equipped(1 tebe or wire (telephone rircuiq and that ahemsdve or additional protection can be installed at Subscriber's req transmits signals via the telephonecircuit there are various typeso telephone line service, including direct wire,M specifically acknpwledges [hat Company does not represent or warrant that the devices, System or the transmiw telemetry , cable,or telephone One seance may not be interrupted, circumvented or compromised. In addition, t supervised •o -rting device which requires M telephone equipment. connection to the telephone network and with the System for a signal to be transmitted by the System and/or received by the central station; if the Telephc at the central suadon and no signal can be received by M central station while the Telephone Equipment rema transmissions. radio telemetry and radio frequency transmissions may be impaired a interrupted by ground inerh electrical stones, power fahums r over conditions and events beyond the control of Company and that if satel the central station and rig al cal can be received bqy M central station while M interruption continues. S. Subscriber does hereby forhkNherAtselfand I parties claiming under him/her/it release and discharge aft deductibles and retained limits es web as less or damage in excess of policy Omits. his expressly understood successors or assigns shall have any rights created by a Loan Agreement, Loan Raceipt. or other like docume 6. Subscriber agrees o indemnify, defend and hold harmless Company lrom and against all claims, demands which may be asserted against or incurred by Coonppaany by r due o any person not a parry o this Agreement, i or damage Including, but notlimited o, atatuorycivildamages. personal injury, death and/or property damage, tea dispatch, maintenance, monitoring, recording of communications, operation or non-operation of the equipment, rwor—findralinnnrpy I' of or RS ta b 7. r 10.Thia Apr conditions haw be governed bl 1/.This Agr assignablo by ( 12. It Cam be construed a concurrm r 13.(a) r writing upon rei without bmitatic (b) U.L.' Pursuant o M 14. Subscr exemplary, pun Station re ties 15. Subsc F SUCH LIMITED LIABILITY SUBSCRIBER MAY AS A MOUNT FOR THE INCREAStE IN SUCH LIMIT Olt LIA- NY AS AN INSURER. and /or M System may be via radio telemetry. satellite transmission srtoef ureerstands mat a cappital central station communicator is a non. telephone line (Telephone Equipment) o be compatible and operative Equipment is not compatible or operative Mre is no indication of this fact incompatible or inoperative. Subscriber further understands that satellite Ice ands atmospheric conditions, induding,without limitation, sunspots. or radio transmissions are interrupted Mace is no indication of this fact at Zany from and against all hazards covered by insurance or bond, including agreed that no insurance company, insurer, or bonding company or their v procedure, or any, right of su rte opatxm against Company oilitles, dams , losses, expenses, including attorneys fees and lawsuits /ding Subscd r'a insurance or bonding company, for wry expense. 1053 personal, arising outof M design, sale, base, installation, repair, service, stem or central station facilities, whether due to M sole, joint or several nag hperhoa Comyry span . servants , employees, suppham. or subeon[ra:wre, breach of contract, express or implied, breach of womanly. express or I liability, andrr any dam for contribution or indemnification, whether in contract, on or equity. h of monitoring services for any reason. M receipt of signals from tun -away' Systems, Systems which exoessivey signal M Company's Central Station without rises or Systems not under dontradwithCompany, Subscrlberempowers and authorizes Company to refrain from monitoring M System arndfOrbrenderthe equipment bring with is Central Station by director remote pogrammin M removal or deletion of data necessary for the operation of the System or through any other means croprocessororothercommumneon deviee,withoutany labliry b Subscriber, and Subscriber, hereby releases Company Wall general, special,ineideny oexemplary, I expense, 1053 r damage b Subscriber, whether out to M sale, joint or several negligence (including gross negligence) ol Comparhy, its agents, servants, wbcontraclors. N Company s prohibited o remote program or to render inoperable the microprocessor or other communication device, or d after wman notice b laife to disowned M Systenn or prevent M System from communicating with the Central Satan, Subscriber agrees to pay to Company the sum of Fi%($50.00) om M Promises received by M Central station, as liquidated damages and notes a penalty. Further. Subscriber agrees o pay b Company all cats actual marred I. sufta arbitration ('Claim) Indudi g,withatfimitation, actual attorneys' fees and courtcosts Incurred byComparrytan corneedonwith, rising outof or from orresulting "Wp, without fmifation, try action at taw r M equity arising out ol this en. in' ol nt Subsrihr le () _,_ Mt M Telephone Egyipmem is mmpatibb with M System, espeeialy whan Mre ra dmnges b MTNephone Equipment iub5cr by M IelapAona conhp_. i.e., WI waiting, Cantrex telephone system, answering machines, eo., and (0) test M equipment penodcogy, at leant monthly re made b telephonne eery ce for M Premises. Any cla coed nedequaq r Ia Wre of M equipment ehaN lea intoned seta raporled b DDeealer. stem is= fidfrrryreasonwhataoevr,M Subacriberapjeea opaywithout recowesatoremburee Company lorry nes,fees,00sta, expanses, and lies Tiber enter Compry by try court or IoW, saa oNederal government r apenq as a result Ihereol. Subscribe larder apnea Mr Company, al hs ode option, shall S) days writfon notice b Subscrber, se terminate -Mitt Agreement d, in Company's tide apron, SuDacribrmsusae r abwea M Syaam, r M System 4 activated mcares binift upon Company only when signed by an authorized representative of Company, who must be a Corporre Officer if any of M printed terms and edinsated, atoned r substituted by other wadinngp This Agreement is binding on the heirs, executors, administrabfs, successors; and assigns Of M parties, and shall strued according b M laws of M sate set forth in Company's address. a not assignable by Subscriber except upon M wrinen consent of Company, wNch shall be at Comnpary's sole option. This Agreement or any portion Ihereol is et ht sale option. H waive arty Drench by Subscriber, i[ shall not be construed es e waiver of any subsequfont breach, and Companyy's allure b exerts any alpha hereurhder shall not m of any breach useless specifieady waived by Company in wridnp. Company's rights hereunde shad be amuladve,and any rights hereunder may be exercised dveN and shad include ate remaAes available ands law and equity wen thaph not axpresaN referred o herein. m Salon rnordbr np service oansists solely or M Wlinp by tefephoa of thkd parry profess tonal apene ea or M telephone number supplied by Subscriber in peels tranarnined nom equipment at M Premise. Subscriber agrees Mat Company Ned have no liability for any loss, damage or expense to Subscriber including, neral, spedal, incidanW, exemplary, pumidve r conaequendal dannapea arising out d remote propremmlrq d M Equipment or System. attion mrimraq atrvice consiss coley of me odigatbns set lrh in Section 13(a) hereof aM respondmp b the Premises upon receipt ola signal from M Premises rinds for M Ul. cerificetlon iuued m d the date of eommancertant of mbnlodnp seviee. es Mt Compery's oDfpatians hereunder are wa wed and releases automat cady w thous notice and w th�ut l tab lity b, Company for any general, a , inddantal, rtaegtferntial expenae,IossrdamapeoSubscriber, in ceaeMGntral Sfation,telephone netwoM equipment, or faddtes necessary o amaped r irnoperabfe lorry reason whosoever, fr M duration of such interruptbn of aarvice. rte operate tle�am or Central sea Mt Company has no responsibiliq fdr M wrdidon r opea0on of arty equlpmem, system, device, r property of any sort of Subscriber, Dealer, M telephone St�sMmtransmiasiynah byeva (tefeptorheckcuip, Subseiber adubvrledpes Orr(a) M commtmicatonbetween Oa System atMPremises and Company's central eCnes,(b)Mlefe lirhesmayrottransmitMoommunicetbnfromMSystem, andlinosmaynotlrensmitMcommunicationfromM System, and (c)Company's th dramslanoea Is b nosy M Mleohora company Mt the telephone line is not opeatng wlen Compery receives information adviskg it of said problem. H the nsmits signss by radio fokemetry, Su leer understands that a radio telemetry system is a rbn- auparvsed reporting device which requires operable antennae and Oo wave transmeeions for a reeeivarMnsminerand/or central station; if there le ntedereoe of M traAanliYbno or If M antennae we initperative, signal can be fo r System enter received by the central station while the interference and /r inoperative condition eondnueS. ns r proceedings, legal r egstade, against Company must De commenced in court wntldn one (1) yen ahar M cause of action has argued or the act, omission rich Mdaim, aetiorhrproaeadtrganaes, wMchever is eedle, withOurjudieial extension dfimte, r sad claim, action orproceeding is barred, time beingof 0*e3senae 17. This instrument contains M entire Agreement between M parties hereto with respect to M transactions described herein and supersedes all prwious and contemporaneous negotiations, commitments, contracts, express r implied, warranties, express or implied, statements and representations, whether wrinen r oral, pertaining thereto, all of which shall be deemed merged into this Agreement. Neither party has authority to make or claim any representation, term, promise, condition, statement, wrranry, r inducement which is not expressed herein. Should any provision hereof (r portion d wwQ, or its application to any circumstances, be held illegal, invalid or unenforceable b cry extent. M validity rd enforceability of the remainder of M provision and this Instrument or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall continue in full force and eftect'as valid, binding and subsisting. All changes or amendments to this Agreement must be in writing and signed by Me parties to be binding on M parses. ta. The acceptance of this Agreement in writing or by course of conduct or payment by Subscribe to Dealer waives all terms and conditions contained in cry purchase order, acknowledgment or contract submitted by Subscriber and Subscriber agrees that no other terms or conditions contained in any Subscriber document, unless signed by an authorized officer of Company, whether those terms or conditions be additional b, different from, or conflicting with M terms and conditions hereof, shall be deemed included herein or agreed to by Company. Neither M failure of Company to object to any communication from Subscriber, nor any performance by Company shall be deemed an acceptance of any forma of conditions which are additional to, different from, or con"ng with M forms and conditions contained herein. 19. It, at any dente after M data hereof, additional services are authorized by Subscriber, all services supplied by Company shall be subject to M terms of this Agreement only, except that additional charges shad be made for such additional services. 20. Company reserves M right fo subcontract for M provision of services under this Agreement. Subscriber sprees and acknowledges that M provisions of this Agreement inure o M benefit of and are applicable to any subconlracbrs engaged by Company o provide any service set forth herein to Subscriber, and bind Subscriber b said subcontractors) with the same force and eked as they bind Subscriber b Company. Subscribe specrB ly agrees to defect, indemnify and hold harmless Company from and againstall claims by any subcontractor engaged by Company. X21. Subscriber acknowledges that Company may record arm and oral communications and hereby consents and auMrizes Company to so record all such communications between IpanY, Subscriber and/or Subscriber's agents, servants, employees and/or representatives. 2 . Subscriber agrees to withoutrecaase or b reimburse Company lorall charges. fees, expenses, permits. etc., by any utility or bed, state or federal government r agency, relating b the services Provided urhde this Agreement. 23. Subscribe agrees that System monitoring information, notification information, and all other information used by Company to perform services hider this Agreement shall be in writing on ly All changes r modifcedons of Information shell be M writing only. No oral communication shag be binding on Company. 23` - H iha SY— is Remoa Pfolirarrvnable, Subscriber sprees that all Subscribe requests shelf be in writing r, 0 oral. shall be recorded by Company and Subscriber hereby consents a or I general emergency signals (herein after ambulance, or other like entity, person or (ill) contact or dispatch, and/or make other n vn cwrI I yvrtrs,ts Wino .roe H, VH MTVNE CLAIMING IHHwGN SUBSCRIBER, IN ANY WAY MIGHT OR COULD CLAIM AGAINST COMPANY BASED UPON OR IN ANY WAY ARISING OUT OF COMPANY'S FAILURE TO CONTACT OR DISPATCH MEDICAL ASSISTANCE.) E-1 DocuSign Envelope ID: FA424DA6- 8AB7- 4BB5- 894D- B8F3D5FFBA7C Alarm Installation, Billing and Service Agreement Contractor Party Customer (Service location) Invincible Security, Inc. Name Riverview Apartments Preservation, LP 9896 Rosemont Ave., Suite 102 Street 39169 US Hwy 6, Building Lone Tree, CO 80124 City -Zip Avon, Co 81620 303 -569 -6717 Phone 949-bMU mark@isecurityinc.com Email daniel.murray @eaglecounty.us The initial term of this contract is 12 months and entered into this date, 1 -15 by and between the above listed parties, becoming effective on the date the account is placed in service. After the initial term this agreement will renew automatically on a month to month basis unless cancelled by either party with written notice, received 30 -60 days prior to cancellation. Contractor reserves the right to increase the monthly rate after the initial agreement period with at least 30 days' written notice and, unless refused by customer, shall take place on the next billing period. Contractor, for consideration of, and pursuant to, the terms and conditions hereinafter mentioned, agrees to inspect, test the existing equipment and, if functional, activate to a designated monitoring center at no cost. Basic Service Plan- Customer Monitoring Center Signal Receiving and Notification Services for Burglary, Manual Fire, Manual Police Emergency Extended Warranty (see paragraph 1.7) A ( ) Included or B ( x ) Not Included Pricing- Installation- None & Service Fee- $25.00 per month Billing: Cycle- Annual , charged on or about the first day of January to: Card number Manual Check accepted Exp date Sec code Name on the card billing zip code I authorize this credit card to be charged for all monitoring fees, and, in the event of customer's notification of early termination, the remaining balance of the current term. The entire contract between the parties consists of two documents: (1) this agreement, consisting of this page and through paragraph 1. 17, and (2) Alarm Monitoring Service Agreement. Which together supersede any and all other agreements, understandings, advertisements, or representations in connection with the declarations herein. You admit you have read this page in addition to the attachment which contains important terms and conditions for this contract before signing. You state that you understand the terms and conditions of this contract and are aware that no security system can guarantee prevention of loss or damage, nor that we are a security consultant. This agreement is not binding unless approved by the contractor - owner, Mark Donakoy�L% . Accepted: Accepted DT8DW20A46974M � �1o5ft *A , Invincible Security, Inc. DocuSigned by: Name AtAyt V6lti,a6WSLj 7/7/2015 Print - 1lC7 ffkf W-ski Customer 7/1/2015 DocuSign Envelope ID: FA424DA6- 8AB7- 4BB5- 894D- B8F3D5FFBA7C 1.1 WE ARE NOT AN INSURER. We are not an insurer and you will obtain from an insurer any insurance you desire. The amount you pay us is based upon the services we perform and the limited liability we assure under this contract and is unrelated to the value of your property or the property of others located in your premises. In the event of any loss or injury to any person or property, you agree to look exclusively to you insurer to recover damages. You waive all subrogation and other rights of recovery against us that insurer or other person may have as a result of paying any claim for loss or injury to any other person. 1.2 NO LIABILITY; LIMITED LIABILITY. It will be extremely difficult to determine the actual damages that may result from our failure to perform our duties under this contract. You agree that we and our assignees, agents, employees, subsidiaries, affiliates and parent companies are exempt from liability for any loss, damage, injury or other consequence arising directly or indirectly from the services (including internet/website services) we perform or the systems we provide under this contract. If it is determined that we or any of our assignees, agents, employees, subsidiaries, affiliates or parent companies are directly or indirectly responsible for any such loss, damage, injury or other consequence, you agree that damages shall be limited to $500. These agreed upon damages are not a penalty. They are your sole remedy no matter how the loss, damage, injury or other consequence is caused, even if caused by our negligence, gross negligence, failure to perform duties under this contract, strict liability, failure to comply with any applicable law, or other fault. At your request, we may assume additional liability by attaching an amendment to this contract stating the extent of our additional liability and the additional cost to you. You agree that we are not an insurer even if we enter into any such an amendment. 1.3 EXCLUSIVE DAMAGES REMEDY. Your exclusive damage and liability remedies are set forth in paragraph 2 above. We are not liable to you or any other person for any incidental or consequential damages. 1.4 HOLD HARMLESS. In the event any lawsuit or other claim is filed by any other party against us or our assignees, agents, employees, subsidiaries, affiliates or parent companies arising out of the services we perform or the systems we provide under this contract, you agree to be solely responsible for, and to indemnify and hold us completely harmless from, such lawsuit or other claim including your payment of all damages, expenses, costs and attorneys' fees. These obligations will survive the expiration or earlier termination of this contract. These obligations will apply even if such lawsuit or other claim arises out of our negligence, gross negligence, failure to perform duties under this contract, strict liability, failure to comply with any applicable law, or other fault. 1.5 OTHER PARTYS LIMITATION. If you purchased our services or systems through another business or person, or from us through a referral from another business or person, you agree that such other business or person acts solely as an independent contractor. Such business or person shall have no responsibility or liability to you for the performance or nonperformance of the system or services we provide under this contract. Without limiting the above, you agree that the liability of such other business or person is, in any event, limited in accordance with the provisions of this contract. You agree that such business or person and its assignees; agents, employees, subsidiaries, affiliates and parent companies may invoke all of our rights under these paragraphs. 1.6 TIME TO FILE LAWSUIT. You agree to file any lawsuit or other action you may have against us or our assignees, agents, employees, subsidiaries, affiliates or parent companies within (1) year from the date of the event that caused the loss, damage or liability. C Jas DocuSign Envelope ID: FA424DA6- 8AB7- 4BB5- 894D- B8F3D5FFBA7C 1.7 EXTENDED LIMITED WARRANTY. (A) If customer's agreement includes this coverage, Invincible Security will repair or, at our option, replace any defective part of the system, EXCLUDING batteries, and will make any needed mechanical adjustments, for a maximum of a $ trip charge. We will use new or functionally operative parts for replacements. This limited warranty is for your benefit only, and may not be enforced by any other person. This limited warranty gives you specific legal rights. The laws of the state where this contract was signed may give you additional rights. (B) If customer's agreement does not include this coverage, all work will be done on a time and material basis at the current prevailing rates. 1.8 WARRANTY EXCLUSIONS. We perform warranty services only during our normal working hours. If you request us to perform warranty services outside our normal working hours, you will be required to pay us for the services at our then applicable rates for labor and parts. The limited warranty does not apply if we determine upon inspection that any of the following conditions caused the need for service: A. Damage resulting from accidents, theft, Acts of God, alterations or misuse; B. You fail to properly follow the operating instructions; C. Trouble in a telephone line; or due to interruption of power; D. Alterations to your premises; E. Alterations to the system made at your request, or made necessary by a change to your premises, damage to your premises or the system, or for any other cause beyond our control. We will not perform warranty services on any device not installed by us. You must furnish the necessary electrical power through your meter at your expense to obtain warranty services; F. It you fail to test the Equipment at least weekly, we will not be responsible for any warranties or services provided under this contract. Our obligation to provide replacement or repair service under this contract shall be conditioned upon the continued availability of the original part or component from the original manufacturer. 1.9 NO OTHER WARRANTIES. Other than the limited warranty, we make no guaranty or warranty of any kind, including any implied warranty of merchantability or fitness for a particular purpose with respect to the services we perform or the systems we provide under this contract. Your exclusive warranty remedy is set forth above. We are not liable to you or any other person for any incidental or consequential damages. Some states may not allow us to limit the length of an implied warranty or to exclude or limit incidental or consequential damages. The laws of the state where this contract was signed will determine whether these limitations and exclusions apply. 1.10 REPAIRS AND PARTS REPLACEMENT. At your request we will repair or replace the equipment we provided at our then - prevailing prices after the limited warranty expires. At your request we will also repair or replace anything excluded from the limited warranty at our then - prevailing prices. 1.11 ASSIGNMENT. I understand this this contract is not assignable by me except upon the prior written consent of the contractor and that any assignment by me without the prior written consent of contractor shall be void and of no effect. Contractor shall have the right to assign this contract to any other person, firm or corporation or its affiliate without notice to me. Contractor shall have the further right to subcontract any installation and / or services without notice to me, including but not limited to, monitoring serves and / or limited warranty/ extended limited warranty service that the contactor may perform. I acknowledge and agree that this contract and particularly those paragraphs relating to the contractor's limited liability, disclaimer of warranty and third -party indemnification inure to the benefit of, and are applicable to, any of its assignee(s) and /or subcontractors, with the same force and effect as they apply to the contractor. I further acknowledge and agree that an assignee of this contract shall not be responsible for claims, liabilities or damages Pli DocuSign Envelope ID: FA424DA6- 8AB7- 4BB5- 894D- 88F3D5FFBA7C that accrued prior to the date of such assignment and are hereby releases from same. Any reference to the contractor as set forth in this agreement shall be interpreted to include references to its assignees(s), whether or not a specific reference is made to assignee(s). 1.12 DELAYS. We have no responsibility or liability to you or any other person for delays in the installation or repair of the system or the performance or our services, regardless of the reason, or for any resulting consequences. We have no responsibility or liability for interruptions of service, or any resulting consequences, whether due to strike, riot, flood, fire, terrorism, act of God, or any other cause beyond our control. During any such service interruption, we have no obligation to supply you substitute services. 1.13 MEDICAL. I understand and accept that the contractor specifically disclaims any responsibility for service associated with the notification or dispatching of paramedics, doctors and other medical personnel and/ or ambulance services and if there are any charges incurred as a result of said notification, said charges shall be my responsibility, whether requested or not and whether such entities were correctly or incorrectly notified, and agree to indemnify contractor regarding such charges. 1.14 CONTRACTOR IS NOT A SECURITY CONSULTANT and cannot address all of my potential security needs. Contractor has explained to me additional equipment and service that can be provided to me above what is identified in this agreement and I understand the additional items can be purchased at additional cost to me. 1.15 COVERAGE DISCLAIMER. No alarm system can provide complete protection or guarantee prevention of loss or injury. Fires, floods, burglaries, robberies medical problem and other incidents are unpredictable and cannot always be detected or prevent by an alarm system. Human error is always possible, and the response time of police, fire and medical emergency personnel is outside the control or the contractor and monitoring center. Contactor may not receive alarm signals if communication or power is interrupted for any reason. 1.16 SYSTEM TEST. Contractor has recommended I manually test the equipment monthly and any time I change telephone lien. 1.17 EQUIPMENT OWNERSHIP. The equipment will become my property upon payment of the purchase amount total include sales tax in full. This is the end of the Alarm Installation, Billing and Service Agreement. If monitoring service is provided, a separate two page monitoring agreement must be signed by both parties 1:31-�— DocuSign Envelope ID: E7B15C15- 091D4D94- ADB8- 5F1288CDD29E U. AL 99-40 FL EF0000964 OK 848 TX B-09590 VA l l -2850 ALARM MONITORING SERVICE AGREEMENT DATE DFALFR A RYRTFM SIACC01 INT A Dni 1rD Al Bane DCDne17 W CID Al n 7 -1 -15 2284 R990027 1. NAM Viverview Apartments Preservation, LP ALARM CONDITION RESPONSE OPTIONS 39169 US Hwy 6, Building C 2. ADDRESS OPEN/CLOSE E] 3. CITY Avon STATE CO ZIP 81620 ADDITIONALZONEE] CROSS STREET ADDITIONAL (970) 949 -5840 4. TELEPHONE # 5- PASSCODE MEDICAL E] COMMUNICATOR MAKE (MODEL #) FORMAT TYPE DIRECTIONS TO PREMISES: DEFAULT # TIME ZONE Mtn TEST TIMER ODAILY 7o, PHONE NUMBERS CONNECTED TO COMMUNICATOR: Q WEEKLY ®MONTHLY #1 #2 LOCAL AUTHORITIES Oe AGENCY CODE AUTHORITY TELEPHONE NUMBER 0 = Fire • • • . © = Police 0 = Emer. /Medical © = Guard s Q = Other AUTHORIZED INDIVIDUALS TO BE • e • NAME TELEPHONE NUMBER PHONE CODE 1 Jose Alvarado 970- 471 -1215 Cell 2. 3. RM .. 4. 5. RM 6. *Phone Code Descriptions Are: U = Home U = Work U = Cellular U = Pager U =Authority L-1 This agreement is made this First day of July, 2015 , by and between RRMS INC. ( "Company ") and ITEM "1." ABOVE ("Subscriber"). Location of Subscribers ( "Premises ") ITEMS "2.," "3.," ABOVE. In co fferation of and subject to the terms and conditions herinafter set forth Company agrees to monitor and Subscriber agrees to permit Companv to monitor a U.L. ❑remote DroarammabieF)lCommerdal ❑residential signaling system ( "System ") in subscribers Premises as a subcontractor of Invincible Security, Inc SUBSCRIBER SPECIFICALLY ACKNOWLEDGES AND ACCEPTS PARAGRAPHS 3 AND 6 HEREOF. TERMS AND CONDITIONS ON THE REVERSE SIDE ARE AN INTEGRAL PART OF THIS CONTRACT. SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF CONTRACT. READ THE FRONT AND REVERSE BEFORE SIGNING. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OR REVERSE HEREOF INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed std aa4i$ Agreement to be executed on the date first above written. I ,btu, £1o5♦CY1NAIn. By: . S DRIBEIP+�.. Maw blAakewi�i 7/7/201 s 7/1/2015 Approved: Date / / Date: RRMS -FM- 01 68FB89C0D3FF4C8... ALARM CONDITION RESPONSE OPTIONS 10 . . . . im Oe - Dim • • • . s : M 03 0 e • Dim RM .. 03 0 RM MM . « ,. ... MMO F U =Authority L-1 This agreement is made this First day of July, 2015 , by and between RRMS INC. ( "Company ") and ITEM "1." ABOVE ("Subscriber"). Location of Subscribers ( "Premises ") ITEMS "2.," "3.," ABOVE. In co fferation of and subject to the terms and conditions herinafter set forth Company agrees to monitor and Subscriber agrees to permit Companv to monitor a U.L. ❑remote DroarammabieF)lCommerdal ❑residential signaling system ( "System ") in subscribers Premises as a subcontractor of Invincible Security, Inc SUBSCRIBER SPECIFICALLY ACKNOWLEDGES AND ACCEPTS PARAGRAPHS 3 AND 6 HEREOF. TERMS AND CONDITIONS ON THE REVERSE SIDE ARE AN INTEGRAL PART OF THIS CONTRACT. SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF CONTRACT. READ THE FRONT AND REVERSE BEFORE SIGNING. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OR REVERSE HEREOF INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed std aa4i$ Agreement to be executed on the date first above written. I ,btu, £1o5♦CY1NAIn. By: . S DRIBEIP+�.. Maw blAakewi�i 7/7/201 s 7/1/2015 Approved: Date / / Date: RRMS -FM- 01 68FB89C0D3FF4C8... I Suhscriber agrees that Ma System u b ba kept In good working order by Subscriber. Subscriber further agrees that Company hum responsibility Ion the opsration nr nnn- ooeratinn of the System or the transmission of signals to Company's Central Station receiving equipment. 2. Suhsaibar agrees that this Agreement shall contlrWe, withoutaction by either party, extend and renew itself under the same terms and on the conditions precedent that Dealer prepay Inn central station monitoring services 10 be rendered by Company to Subscriber, and that Dealer not be in breach or delauh under Company's contract with Dealer. Subscriber agrees that Dealer's failure to prepay Comparg as aforesaid or Dealar'a breach or defaukteger Company's contract with Dealer shall permit Company, upon five (5) days written notice to Subscriber. to terminate this Agreement, and Subscriber hereby releases Company for all general, special, incidental and consequential expense, loss and damage to Subscriber. whether due to the sole, joint or several negligence of Comparty, its agents, servants, employees, suppliers or subcontractors. Subscriber further agrees that Dealer is an independent contractor and not an agent of Company forany purpose whatsoever, including, but not limited lo, payment for monitoring services. Therefore, Subscriber Mreby waives any right to equitable relief against Company. NohvithstaMmp0 me above provision, ahould Subscriber obtain equitable relief against Company, Subscriber agrees m pay Company all monies aimed by Company to be due and owing to Company by Dealet for past services b Subscriber, all monies for future services to be rendered Subscriber, as well ea ompany's reasonable eromeys, fees andd expenses in defending any action by Subscriber seeking equitable relief. MATTER OEVENT IGHT OBTAIN FROM SUBSCRIBER COMPANY WISHES HIHEINCREASE I T Y PAYING AN ADDITIONAL AMOUNT LIMITED OR THE INCREA§E NBSUCH LIMIT OV LIA- BILITY, BUT THIS IWIGHER LIMITATION SHALL IN NO WAY BE INTERPRETED TO HOLD COMPANY AS AN INSURER. 4. Subscriber unciermtendathat transmission of signal from the devices with which it* System is equipped (' devices) and /or the System meta W via redioNMmatry, satellite transmission, cable or wire (telephone circuit) and that ahsmadve or additional protection can be installed at Subscriber's reyG��st and expense. SuWcribar lurtfh•r underalands that for equipment which transmits signals via the telephonedrah Mere are various types of telephone line service, including direct wire, ktcCulioh Loop, Multiplex, etc., and the devices are not infallible and Subscriber specifically ackrpwledges that Company does not represent or warrant Mat the devices, System a the transmission of signals from the devices or the System via satellite transmission, radio telemetry, cable,or telephone line service may not be interrupted, circumvented or compromised. In addition, Subscriber understands that a di ital central station communicator is a non. supervised mporting device which requires lie telephone equipment, oonnecoon b the telephone network and Me telephone line (Telephone Equipment") b be compatible and operative with the System for a signal to be transmitted by the System andror received by the central station; if the Telephone Equipment is not compatible or operative Mere is no indication of this fact at the central station and no signal can be received by the central station while the Telephone Equipment remains incompatible or inoperative. Subscriber further understands that satellite transmissions. radio telemetry and radio frequency transmissions maybe impaired or interrupted by ground interference ands atmospheric conditions, including, without limitation, sun spots, electrical storms, power failures or other conditions and events beyond the control of Company and that if satellite or radio vansmissions are interrupted there is ro indication of this fact at the central station and ro ei nal can be received by the central station while the interruption continues. S.'Subscri9r does hereby forhinyherldself andall parties daiming under him/hernt release and discharge Company from and against all hazards covered by insurance or bond, including all deductibles and retained limits as well as loss or damage in excess of policy limits. It is expressly understood and agreed that no Insurance coteppanarhyy, insurer, or bonding company or their successors or assigns shall have any rights created by a Loan Agreement, Loan Receipt, or other like document or procedure, or any right of suWogadon net 6, Subscriber agrees to indemnify, defend and hold harmless Company from and against all claims, demands. liabilities, damagges, losses, expenses, mdud al actor card lawsuits which may be assened against or incurred by ClempaM by or due to any person not a party to this Agreament, including Subscriber's insurance's bonding company, for any expense, bas or damage including. butnotlimited b, statubrycivil damages, personal injury, death and/or property damage, real or personal, arising out of the design, safe, ass. installation, repair, service. dispatch, maintenance, monitoring, recording of oommumntions, operation or non - operation of the equipment, System or central station facilities, whether due b the ace, joint or several negligence (including gross negligence) of Compay or its agents, servants, employees, suppliers, or subcontractors, breach of contra • ress re implied, product or aMof Nabiliy, andor any dam for contribution or indemnification, whether in contract, tort or, equity. d' express knplied' breach d warranty, express or 7. Upon termination of monitoring services for any reason, the receipt of signals from tun- away.' Systems, Systems which excessively signal the Company's Central Station without epparentreasona Premises orSystems not urdercontradwilhCompany, Subscribeirempowers and authorizes Company to retrain from monitoring to System orto render Me equipment incapable of communicatirg with its Central Station by direct or remote pprrogramming the removal or deletion of data necessary for the operation of the System or through any other means render inoperable#* micr sororoharccrnmuisation dervice, withoutany liability to Subscriber, and Subscriberhereby releases Compary forallgeneral, special incidental, exemplary, punitive and consequential expense, bas or damage b Subscriber, whether due to the sole, joint or several negligence (including gross negligence) of Company, its agents, servants, employees, suppliers or subcontractors. h Company is prohibited to remote program or to render inoperable the microprocessor or other eommaniado1 d•vo n or IrTT alien whiten robes b Subscriber. Subscriber fail* b disconnect de System a prevent the System from communicating with the Central Station. Subscribsr agrees b pay io Company he suer of iam notice to by Co for each signal from the Promises received by the Central station, as liquidated damages and net as a penalty. Further. Subscriber agrees b pay to Company ate coati actual Incurred by Canparrryry in any claim, suitor arbitration ('Claim-) Including, Without limitation, actual attorneys' fees and coun costs Incurred by Company in conmectionwan, arising out at or hen crresufting from any Claim including, without Irritation, ay action at law win egwty arising out of this Section. 6. his the sole responsibility of the Subscriber b() confirm that the Telephone Egyipment is compatible withlhe System, especially when hoe are changes to teTelapinne Equipment or services rendered to Subscriber by the telephone company, i.e., call waiting. Centrex telephone system, answering machines, etc., and (I) eat the equipment p•rfodically, a least monthly and whenever changes are made b telephone service for the Premises. Arty claimed inadequacy or lailure of the equipment shall be immedia*N reported b DDeealer. 9. In the event the System is activated fora'nyreasonwhatsoever, the Subscriberagfees bpaywihout recourse or brelmburse Company for any fiinn,Naa,cosb, expenses, and penalties �aeaa Nast Subscriber andror Comparyby arty noun or local. state orfederal government or agency as a result thereof. Subscribe hatter, agrees that Company, at its ads option, shall per eed upon () days wrhas ro�os b Subscriber, b terminate this Agreement I M Company's We opinion, Subeulber m4w•s or abua•s M System, or!* System is activated wi apparent cruse. 10.This Agreement becomes binding upon Company only when signed by an authorized representative of Company, who must be a Corporal Officer ff any of the printed terms and conditions have been interlineaed, shared or substituted by other word This Agreement is binding on the heirs, executors, administrators, successors and assigns of the parties, and shall be governed by and construed according b he laws of d* state set forth in Company's address. I i.This Agreement is not assignable by Subscriber except upon he written consent of Company, which Shag be at Company's ads option. This Agreement or arty portion #*roof is assignable by Company at its sole opdon. 12. If Company shall waive any breach by Subscriber, it shall not be construed as a waiver of any subsequent breach, and Company's failure No exercise any rights hereunder shall not be construed as a waiver of any breach Wass specifically waived by Company in writing. Company's rights hereunder shelf be cumulative, and any rights hereunder may be exercised concurrently or conseap'valy and shall include all remedies available under law and equity even dough rot expressly referred to herein. 13. (a) Non -U.L. Central Station riorill" service consists solely of g* calling by telephone of third parry professional agencies or he 1Nephone number supplied by Subscriber in witting[ upon l receie pt of sig tranamihed from equipment at de Premises. Subscriber agrees that Company shall have ro liability for any loss, damage a expense to Subsuibar including, b U.L. Central pen special, incidental, exemplary, pumtiw or consequential damages arising out of remote progranminp ol he Equipment a System. () Station monimrlrq aerviee consists coley of the obligations set forth in Section 13(a) hereof and reapondmg no dha Premises upon receipt of a signal from he Promises pursuant to the U.L. standards for cis U.l. oerdli®6an issued as of Me dare of eommmeammt of monmodng anrviea. 14. Subscriber agrees de[ Compay's obfgatiane fereunder are waived and released automatically without notice and without lability b Compar/ for airy general, d, inodanel, exemplary punitive or comhaegtxsrhfik expense, loss ordamagebSubscriber, in rase de Central Setlen, talphonenabroM equipment, or facilideanecessaryboperal deemor Central Station are destroyed, dant�ed a imbpsrshls br airy reason whatsoever, for tle duration of such ioterruption of sarvice. I5. Subscriber agrass d*t Company Iw ro responsid7iq for de oorndition or operation of any equipmam, system, device, or property of sty son of Subscriber, Dealer, the telephone company orothers. ff de SYt�SI�m banamitssfgnab bywae (tebphonwdreuiq,Subscribe arknovWeeddppas tl*t (a) Iherbnrhmurhiration beaveen lM Syaem aide Premises and Conpony'scentra) action is v*MaMaphanel'Ines,(b)theee tires may rottianamhthacommuniation from thoSysem, and lines may rottransmitd *commtsliation fromthe System,ad(c) Company's sole obligati on under such ciraanaamhces e b mDtiy ha telephone canpay hat the telephone line is riot operating when Comparty renaives inlomneNon advising it of said problem. If he System or Its devices transmits aignae by rsdio ebmetry, Subscriber understands that a radio telemetry system is a rbn- supervised repordrg device which requires operable antennae and non interference with radio wave transmsaione for s reoeivemtransminerand/or central station; it hoe is ntederance ol dne transmissone er it de anemtrtaa are inoperative, signal can be transmitted by the devices or System and/or received by he central station while the interference and /or inoperative condition continues. I IN. AN claims, actions or proceedings, legal or equitable, against Company must be commenced in court within one (1) year after the cause of action has accrued or he ac, omission or event occurred from which declaim, aeoonor proceeding arises, whichever is earlier, wit outjudieial extension of tine, orsad claim, action orproeaeding a barred, time being of the essence of this paragraph. 17. This instrument contains d* entire Agreement between he parties hereto with respect b the transactions described herein and supersedes all previous and contemporaneous negotiations, commitments, contracts, express a implied, warranties, express or implied, statements and representations, whether written or oral, peMirvng thereto. all of which shelf be deemed merged into this Agreement. Neither party has authority to make or claim any representation, term, promise, condition, statement, warranty, or inducement which is not expressed herein. Should anty provision hereol (a portion hereon, or is appliation to any circumstances, be held illegal, invalid or unenforceable to any extent, he validly and enforceability of ma remainder of the provision and his instrument, or of such provisions as applied b any other circumstances, shall not be affected hereby, and shell continie in full force and effect'as valid, binding and subsisting. All changes or amendments b his Agreement must be in writing and signed by he parties to be binding on he parties. 16. The acceptance of his Agreement in writing or by course of conductor payment by Subscriber to Dealer waives all terms and conditions contained in any purchase order, acknowledgment or contract submitted by Subscriber and Subscriber agrees that no oiler terms or conditions contained in any Subscriber document, unless signed by an authorized officer of Company, whether dose terms orceniditicrs be additional b, different from, or conflicting with he terms and conditions hereof, shall be deemed included herein or agreed to by Company. Neither he failure of Company b object a any communication from Subscriber, nor any performance by Company shell be deemed an acceptance of arty arms or conditions which are additional to, different from. or con"ng with this forma and conditions contained herein. 19. If, at an dme after d* date hereof, addtional services are authorized by Subscriber, all services supplied by Compaq shall be subject b the terms of this Agreement only, except that additional charges shed be made for such additional services. 20. Compaq reserves de right to subcontract for he provision of services under this Agreement. Subscriber agrees and acknowledges that the provisions of this Agreement inure Do Me benefit of aM are applicable b any subcontractors engaged by Companyy b provide any service set forth herein b Subscriber, and bind Subscriber b said subcontractor(s) with the same force and effect as they bind Subscriber b Company. Subscriber specrBaly agrees to defend, indemnify and hold harmless Company from and against all claims by any subcontractor engaged by Company. 21. Subscriber acknowedpes that Company may record wire and oral commtmiadons and hereby consents and authorizes Company to so record all such communications between Company Subscriber and/or Subscriber's agents, servants, employees and/or representatives. 2. Subscriber agrees to W widbutrecoirse a b reimburse Company for sit charges. fees, expenses, permits, etc., by any utility or local, state or Worst government or agency, relating b the services Provided under this Agreement 23. Subscriber agrees that System monitoring information, notification information, and all ohs information used by Company to perform services under this Agreement shall be in writing only AN changes or modifications of information shall be in writing only. No oral communication shall be binding on Company. 24. #the System is Remote Programmable, Subscriber aagprees that all Subscriber requests shall be in wring or, if oral, shall be recorded by Company and Subscriber hereby consents b such recording pursuant to Pareprap h 21 hereof. Further. Subscriber agrees that all Remote Programmable changes or additions b service provided by cis Compaq shall automatically be subject to the terms and conditions of this Agreement ony except that all additional charges, if arty, shall be pad by Subscriber b Dealer upon rapt of invoice for same. 125. Subscriber agrees that Compaq sham have no responsibility fortht monitoring of medical alensi pnals ex apt b the extent and as defined in the Medical Alert Rider b this Agreement which must be executed by Subscriber as a condition precedent b the monitoring of medial alert signals by Company. Subscriber agrees that unless aMedic Alert Rider is executed by Subscriber. Company keg be exculpated from any and sit liability whatsoever in connection with, out of or from, aroaulting from receipt of" medical alert signegs) from Subscriber or Subscribees promises. ff Subscriber execute• a Medical Alen Rider, Company's liability shirt lea su a b paragraph three (3) Mreof.j 126. Subscriber acknowledges and agrees that h is Subscriber's specific intent that all medical alert signal sham be deemed DY the parties b be general emergency signals (herein after "General Emergency Signals'�)l and NOT kpprrgslIs denoting any medical emergency requiring Compaq/ b contact a dispatch any medial, hospital, ambulance, a other hike entity, person or service (hereinafter "AAedical'Aesistanee "). Subscriberagreas hat it is Subscriber s sole responsibility to fi) prepare for any medical emergency, and (I) contactordispach, and/or make other a` in to contact r die Medic Assistance if and when necessary yObyy means other Man thrUoupp�hNCompany7l EOUIFMEM AT I- PRE MISESE�DGTESCAL BV TElEPF10NE�THE VOCAL POLE ICE DEPARTMENT OR PUBCLICPEA,�ERGENCY RESPONSEE SIGNAL FORT HE MR D SpALfTY IN WHICH THE PREMISES IS LOCATED. SUBSCRIBER UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT UNDER ANY CIRCUMSTANCES CONTACT OR DISPATCH MEDICAL ASSISTANCE FOR SlA9SCRN3ER OR THE PREMISES AND COMPANY IS HEREBY RELEASED FROM ANY AND ALL CLAIMS, SUITS. ACTIONS AND DEMANDS WHATSOEVER N LAW OR EWffY WHICH SUBSCRIBER, OR ANYONE CUIIMING THROUGH SUBSCRIBER, IN ANY WAY MIGHT OR COULD CLAIM AGAINST D COMPANY BASED UPON OR ff1 ANY WAY ARISMIG OUT OF COMPANY'S FAILURE TO CONTACT OR DISPATCH MEDICAL ASSISTANCE.) DocuSign Envelope ID: E7B15C15- 091D- 4D94- ADB8- 5F1288CDD29E Alarm Installation, Billing and Service Agreement Contractor Party Customer (Service location Invincible Security, Inc. Name Riverview Apartments Preservation, LP 9896 Rosemont Ave., Suite 102 Street 39169 US Hwy 6, Building Lone Tree, CO 80124 City -Zip Avon, CO 81620 303 -569 -6717 Phone - mark@isecurityinc.com Email daniel.murray @eaglecounty.us The initial term of this contract is 12 months and entered into this date, 7-1-15 by and between the above listed parties, becoming effective on the date the account is placed in service. After the initial term this agreement will renew automatically on a month to month basis unless cancelled by either party with written notice, received 30 -60 days prior to cancellation. Contractor reserves the right to increase the monthly rate after the initial agreement period with at least 30 days' written notice and, unless refused by customer, shall take place on the next billing period. Contractor, for consideration of, and pursuant to, the terms and conditions hereinafter mentioned, agrees to inspect, test the existing equipment and, if functional, activate to a designated monitoring center at no cost. Basic Service Plan- Customer Monitoring Center Signal Receiving and Notification Services for Burglary, Manual Fire, Manual Police Emergency Extended Warranty (see paragraph 1.7) A ( ) Included or B ( x ) Not Included Pricing- Installation- None & Service Fee- $25.00 per month Billing: Annual January g: y cle- ,charged on or about the first day of to: Card number Manual Check accepted Exp date Sec code Name on the card billing zip code I authorize this credit card to be charged for all monitoring fees, and, in the event of customer's notification of early termination, the remaining balance of the current term. The entire contract between the parties consists of two documents: (1) this agreement, consisting of this page and through paragraph 1. 17, and (2) Alarm Monitoring Service Agreement. Which together supersede any and all other agreements, understandings, advertisements, or representations in connection with the declarations herein. You admit you have read this page in addition to the attachment which contains important terms and conditions for this contract before signing. You state that you understand the terms and conditions of this contract and are aware that no security system can guarantee prevention of loss or damage, nor that we are a security consultant. This agreement is not binding unless approved by the contractor - owner, Mark Donakovjs% „y Accepted: Accepted D78D692OA469746A (L WA"O Invincible Security, Inc. . DocuSigned by: Name LlipkOgnakowski t.ctY�c �btaa MSU 1/7/2015 Print- Customer 7/1/2015 DocuSign Envelope ID: E7B15C15- 091D- 4D94- ADB8- 5F1288CDD29E 1.1 WE ARE NOT AN INSURER. We are not an insurer and you will obtain from an insurer any insurance you desire. The amount you pay us is based upon the services we perform and the limited liability we assure under this contract and is unrelated to the value of your property or the property of others located in your premises. In the event of any loss or injury to any person or property, you agree to took exclusively to you insurer to recover damages. You waive all subrogation and other rights of recovery against us that insurer or other person may have as a result of paying any claim for loss or injury to any other person. 1.2 NO LIABILITY; LIMITED LIABILITY. It will be extremely difficult to determine the actual damages that may result from our failure to perform our duties under this contract. You agree that we and our assignees, agents, employees, subsidiaries, affiliates and parent companies are exempt from liability for any loss, damage, injury or other consequence arising directly or indirectly from the services (including intemet/website services) we perform or the systems we provide under this contract. If it is determined that we or any of our assignees, agents, employees, subsidiaries, affiliates or parent companies are directly or indirectly responsible for any such loss, damage, injury or other consequence, you agree that damages shall be limited to $500. These agreed upon damages are not a penalty. They are your sole remedy no matter how the loss, damage, injury or other consequence is caused, even if caused by our negligence, gross negligence, failure to perform duties under this contract, strict liability, failure to comply with any applicable law, or other fault. At your request, we may assume additional liability by attaching an amendment to this contract stating the extent of our additional liability and the additional cost to you. You agree that we are not an insurer even if we enter into any such an amendment. 1.3 EXCLUSIVE DAMAGES REMEDY. Your exclusive damage and liability remedies are set forth in paragraph 2 above. We are not liable to you or any other person for any incidental or consequential damages. 1.4 HOLD HARMLESS. In the event any lawsuit or other claim is filed by any other party against us or our assignees, agents, employees, subsidiaries, affiliates or parent companies arising out of the services we perform or the systems we provide under this contract, you agree to be solely responsible for, and to indemnify and hold us completely harmless from, such lawsuit or other claim including your payment of all damages, expenses, costs and attorneys' fees. These obligations will survive the expiration or earlier termination of this contract. These obligations will apply even if such lawsuit or other claim arises out of our negligence, gross negligence, failure to perform duties under this contract, strict liability, failure to comply with any applicable law, or other fault. 1.5 OTHER PARTYS LIMITATION. If you purchased our services or systems through another business or person, or from us through a referral from another business or person, you agree that such other business or person acts solely as an independent contractor. Such business or person shall have no responsibility or liability to you for the performance or nonperformance of the system or services we provide under this contract. Without limiting the above, you agree that the liability of such other business or person is, in any event, limited in accordance with the provisions of this contract. You agree that such business or person and its assignees; agents, employees, subsidiaries, affiliates and parent companies may invoke all of our rights under these paragraphs. 1.6 TIME TO FILE LAWSUIT. You agree to file any lawsuit or other action you may have against us or our assignees, agents, employees, subsidiaries, affiliates or parent companies within (1) year from the date of the event that caused the loss, damage or liability. C,�S DocuSign Envelope ID: E7B15C15- 091D- 4D94- ADB8- 5F1288CDD29E 1.7 EXTENDED LIMITED WARRANTY. (A) If customer's agreement includes this coverage, Invincible Security will repair or, at our option, replace any defective part of the system, EXCLUDING batteries, and will make any needed mechanical adjustments, for a maximum of a $ trip charge. We will use new or functionally operative parts for replacements. This limited warranty is for your benefit only, and may not be enforced by any other person. This limited warranty gives you specific legal rights. The laws of the state where this contract was signed may give you additional rights. (B) If customer's agreement does not include this coverage, all work will be done on a time and material basis at the current prevailing rates. 1.8 WARRANTY EXCLUSIONS. We perform warranty services only during our normal working hours. If you request us to perform warranty services outside our normal working hours, you will be required to pay us for the services at our then applicable rates for labor and parts. The limited warranty does not apply if we determine upon inspection that any of the following conditions caused the need for service: A. Damage resulting from accidents, theft, Acts of God, alterations or misuse; B. You fail to properly follow the operating instructions; C. Trouble in a telephone line; or due to interruption of power; D. Alterations to your premises; E. Alterations to the system made at your request, or made necessary by a change to your premises, damage to your premises or the system, or for any other cause beyond our control. We will not perform warranty services on any device not installed by us. You must furnish the necessary electrical power through your meter at your expense to obtain warranty services; F. It you fail to test the Equipment at least weekly, we will not be responsible for any warranties or services provided under this contract. Our obligation to provide replacement or repair service under this contract shall be conditioned upon the continued availability of the original part or component from the original manufacturer. 1.9 NO OTHER WARRANTIES. Other than the limited warranty, we make no guaranty or warranty of any kind, including any implied warranty of merchantability or fitness for a particular purpose with respect to the services we perform or the systems we provide under this contract. Your exclusive warranty remedy is set forth above. We are not liable to you or any other person for any incidental or consequential damages. Some states may not allow us to limit the length of an implied warranty or to exclude or limit incidental or consequential damages. The laws of the state where this contract was signed will determine whether these limitations and exclusions apply. 1.10 REPAIRS AND PARTS REPLACEMENT. At your request we will repair or replace the equipment we provided at our then - prevailing prices after the limited warranty expires. At your request we will also repair or replace anything excluded from the limited warranty at our then- prevailing prices. 1.11 ASSIGNMENT. I understand this this contract is not assignable by me except upon the prior written consent of the contractor and that any assignment by me without the prior written consent of contractor shall be void and of no effect. Contractor shall have the right to assign this contract to any other person, firm or corporation or its affiliate without notice to me. Contractor shall have the further right to subcontract any installation and / or services without notice to me, including but not limited to, monitoring serves and / or limited warranty/ extended limited warranty service that the contactor may perform. I acknowledge and agree that this contract and particularly those paragraphs relating to the contractor's limited liability, disclaimer of warranty and third -party indemnification inure to the benefit of, and are applicable to, any of its assignee(s) and /or subcontractors, with the same force and effect as they apply to the contractor. I further acknowledge and agree that an [,y assignee of this contract shall not be responsible for claims, liabilities or damages CAS DocuSign Envelope ID: E7B15C15- 091D- 4D94- ADB8- 5F1288CDD29E that accrued prior to the date of such assignment and are hereby releases from same. Any reference to the contractor as set forth in this agreement shall be interpreted to include references to its assignees(s), whether or not a specific reference is made to assignee(s). 1.12 DELAYS. We have no responsibility or liability to you or any other person for delays in the installation or repair of the system or the performance or our services, regardless of the reason, or for any resulting consequences. We have no responsibility or liability for interruptions of service, or any resulting consequences, whether due to strike, riot, flood, fire, terrorism, act of God, or any other cause beyond our control. During any such service interruption, we have no obligation to supply you substitute services. 1.13 MEDICAL. I understand and accept that the contractor specifically disclaims any responsibility for service associated with the notification or dispatching of paramedics, doctors and other medical personnel and/ or ambulance services and if there are any charges incurred as a result of said notification, said charges shall be my responsibility, whether requested or not and whether such entities were correctly or incorrectly notified, and agree to indemnify contractor regarding such charges. 1.14 CONTRACTOR IS NOT A SECURITY CONSULTANT and cannot address all of my potential security needs. Contractor has explained to me additional equipment and service that can be provided to me above what is identified in this agreement and I understand the additional items can be purchased at additional cost to me. 1.15 COVERAGE DISCLAIMER. No alarm system can provide complete protection or guarantee prevention of loss or injury. Fires, floods, burglaries, robberies medical problem and other incidents are unpredictable and cannot always be detected or prevent by an alarm system. Human error is always possible, and the response time of police, fire and medical emergency personnel is outside the control or the contractor and monitoring center. Contactor may not receive alarm signals if communication or power is interrupted for any reason. 1.16 SYSTEM TEST. Contractor has recommended I manually test the equipment monthly and any time I change telephone lien. 1.17 EQUIPMENT OWNERSHIP. The equipment will become my property upon payment of the purchase amount total include sales tax in full. This is the end of the Alarm Installation, Billing and Service Agreement. If monitoring E;S1 service is provided, a separate two page monitoring agreement must be signed by both parties. DocuSign Envelope ID: 9EE631AE- 2370 - 419E- AO45- EA4B72202E58 Lic: AL 9940 FL EF0000964 OK 648 TX &09590 VA 77 -2850 ALARM MONITORING SERVICE AGREEMENT DATE DEALER it BVCTFAA arer n u­ - - -- - - - - -• • • •• wu—r M1W rt:KMI1 s MHE ALARM PERMIT# 7 -1 -15 2284 R990028 1. NAM Eiverview Apartments Preservation, LP 2. ADDRESS 39169 US Hwy 6, Building D OPEN /CLOSE ❑ 3. CITY Avon CO 81620 ADDITIONAL ZONE STATE ZIP CROSS STREET A.L.` 4. TELEPHONE # (970) 949 -5840 ADDITIONAL 5- PASSCODE COMMUNICATOR MAKE (MODEL #) FORMAT TYPE MEDICAL • DIRECTIONS TO PREMISES: DEFAULT# TIME ZONE Mtn TESTTIMER RESIDENTIAL DAILY PHONE NUMBERS CONNECTED TO COMMUNICATOR: O WEEKLY COMMERCIAL #1 ®MONTHLY OTHER #2 LOCAL AUTHORITIES AGENCYCODE AUTHORITY TELEPHONE NUMBER 0 = Fire © = Police 0 = Emer./Medical © =Guard Q = Other F-A11110610 FA 218111,11611VA . • : • NAME TELEPHONE NUMBER PHONE Jose Alvarado CODE 1 970- 471 -1215 Cell 2. 3. 4. 5. 6. l`: J = nome V = vvorK U = Cellular U = Pager uY L_IN L!Y LJN LJY LJN USER ID PASSCODE A.L.' NAME USER ID PASSCODE A.L.` NAME r.."1 _.....____, _... L��iYYiii•Y First July, 2015 This agreement is made this day Of , by and between RRMS INC. ( "Company ") and ITEM '1.- ABOVE ("Subscriber"). Location of Subscribers ( "Premises ") ITEMS "2.," -3 "ABOVE. In cogs. eration of and subject to the terms and conditions hermafter set forth Company agrees to monitor and Subscriber agrees to permit Companv to monitor aLUU.L, ❑remote Droarammableracommerdal0residential signaling system ( "System ") in subscribers Premises as a subcontractor of Invincible Security, Inc ('Dealer"). ( 'Deal SUBSCRIBER SPECIFICALLY ACKNOWLEDGES AND ACCEPTS PARAGRAPHS 3 AND 6 HEREOF. TERMS AND CONDITIONS ON THE REVERSE SIDE ARE al AN INTEGRAL PART OF THIS CONTRACT. SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF CONTRACT. READ THE FRONT AND REVERSE BEFORE SIGNING. THERE ARE NO WARRANTIES EXPRESS OR IMPt iFn wwcu Frrcun ccv0 , �..,c ..c CRIPTION ON TFI FnrF nw REVERSE i irrtrOF t0. ANY IMPLIED WARRANTY OF M R HANTABI ITY OR FITMF c ann a ARTICU ea onwon<r IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed W L%'s��Agreement to be executed on the date first above written. R7Oxc.rxtaN. BY A IDxuJSi tl b : S Approved: A bNa�bWS�I Date 71712015 Dae /1/2015 RRM3 -FM- 01 88F889C0D3FF4C8... of the System ribor agrees 'h at 90n of atmissa to kept n g� working order by Subscriber, Subscriber further agrees that Company has no responsibility for the operation rn nnn- owra!inn b Company's Central Station receiving equipment. 2. Subscriber agrees that this Agreement shalt continue. without action by either parry, extend and renew itself under the same terms and on the renditions Precedent that Dealer prepay for central station ure to monitoring services p be tendered by Company to Subscriber, and that Dealer not be in breach or default under Company's contract with Dealer. Subscriber agrees that prepay Company as aforesaid or Dealer's beach Or dsfauk under Company's contract with Dealer &hall permit Company, upon five (5) days written notice to Subscriber, to terminate this Agreement, and Subscriber hereby releases Company for all general, special, incidental and consequential expense, loss and damage to Subscriber, whether due to the sole, joint or several negligence of Company , its agants, servants, employees, suppliers or subcontractor$. Subscriber furlheraprees that Dealer is an independentcantractorand not an agentol Comppaanny brany purposewhatscever ,including, but not lemited to, payment for monitoring services. Therefore. Subacribeyl hereby waives any right a equitable relief against Company. Nobel thatandinp the above provision, should Subsuiber obtain equitable fuure sery ceessa Bbe�ndered Subscriber. as wel asaC C pany all morlies claimed by Company .to be due and owing to Company by Dealer for past sile"Ams ro Subsuiber, all monies .., . _ pang's reasonable attorneys. fees and expenses in defendinn am wti,n eve umcc i AYEGIA INGIDENTAL, EXEMPLARY, PUNITIVE- AND /OR CONSEOUtNTIAL DAMAGES; IRgESPECiiVE OF CAUSE, SUCH LIABILITY GENERAL, BE LIMNED TO T E MAXIMUM SUM OF $250.00, AND THIS LIABILITY SHALL BE EXCLUSIVE. MATTER OF RIGHT OBTAIN FROM COMPANY IGHEINCREASE LIMIT Y PAYING AN ADDITIONAL OF MOUNT FOR THE LIABILITY CREAStE IN SUCH LIMIT OVA LIA- BILITY, BUT THIS RIGHER LIMITATION SHALL IN NO WAY BE INTERPRETED TO HOLD COMPANY AS AN INSURER. (.Subscriber undentrWsthattranamissionofsignals fromthe devices with which the System is equipped (,devicaa ") and/or the System coq be via ratio*1who y, satellite transmission, cable a wire (Ie4ptrone eircuiq and that ehemadve or additional protection can be Installed at Subscriber's request end expense. Subscriber turrher wlderetanda that br eq Wpmer wnich transmits signals via the telephonecirab there are various types of telephone line service, including directwire, ulloh loop, Multiplex, etc., and the devieesare riot infallible and Subscriber specifically acknowledges that Company does not represent or warrant that the devices, System or the transmission of signals from the devices or the System via satellite transmission, radio telemetry, ceble,or telephone line service may not be interrupted, circumvented or compromised. In addition, Subscriber understands that a diglist central station communicator 4 a non. supervised aborting device which requires the telephone equipment, connection to the telephone network and the telephone line ( 'Telephone Equipment') to be compatible and operative with the System for a signal to be transmitted by the System and/or received by the central station; it the Telephone Equipment is not compatible cr operative there is no indication of this fact at the central station and w signal can be received by the central station while the Telephone Equipment remains incompatible or inoperative. Subscriber further understands that satellite transmissions. i s radio potelemetry er i and radio frequency transmissions eV maybe impaired or intercepted by ground interference and/or atmospheric conditions, including, without limitation, sunspots , control of the central station and no sigpnal can be received by the central beyond tatiion whihile the interruption continues. and l satellite a radio transmissions we interrupted there is w indication of this isct at S. Subscriber does hereoy for hirNherhtsalf andall parses claiming under him/her/it release and discharge Company from and against all hazards covered by insurance m bond, including all deductibles and retained limits as well as loss or damage in excess of policy limits. it is expressly understood and agreed that no insurance company, insurer, or bonding company or their successors or s of as i n shot have rights and Mlbyha Low Agreement, Loan Receipt, or other like document or Procedure, or any right of subrogation against Company agrees indemnity. a to any person no against all claims, demands. liabifitiea, damagea, losses, expenses, including attorneys fees and lawsuits which may be assened against te incurred or Conpany by cr due to any person not a parry to this A monism, including Subscriber's insurence'or bondinngp company, for any expense, loss di damage including, butrotlimitedto,statinory eivildamages, personal injury, deathand/or property damage, real orpersonal, arising outof the design, sale, installation, repair, service, dispatch. maintenance. monitoring, recording of communications, operation or non - operation of the equipment, System or central station Willes, whether due to M sole, joint or several negligence Inc w strict i negl gonna) of Cornyary or its agents, servants, employees, suppliers, or subcontractors, breach of contract, eapress Or implied, breach of warranty, express or leY any riam for contribution or indemnification, whether in contract, on or equity. 7. Upon termination of monitoring services for any reason, the receipt of signals from Tun- away.' Systems, Systems which excessively signal the Congarr�ryy''s Cenral Sisson wethcut apparentreason or Premisesor Syslema not undercontractwithCompany, Subsuiberempowers and authorizes Company to retrain from monitoring the System armd/crto rendertls equipment incapable of communicating with its Central Station by direct or remote pprrogramming the removal or deletion of data necessary for the operation t the System cr, through any other means reri"rinoperabledwmicr smorodwcommunicaumdevice,vA utany liability to Subscriber, and Subscriberhereby releases Company forall ganeral,special,incidental, exemplary, punitive and consequential expense, toss or damage to Subscriber, whether due to the sole, joint or several negligence (including gross neglegance) of Coinp&7 its agents servants employees, suppliers or subcontractors. IN Company 1s prohibited to remote program or to render inoperable the microprocessor, or other communlpson devia, or �l,'aher wdtron notice o Subscriber, Subscriber fails to disconnect to System a prevent the System from communicating with the Central Station, Subscriber agrees to pry io Cornice, the Sum w Fii�(550.00) Dollars roresch signal from tlo Premises received by t e Central station, as liquidated damages and not as a penalty. Further. Subscriber agrees to pay so Company all costs actual incurred by Comparry in any claim, suftor arbitration (�Chl Including, wiecutlimitation, actual attorneys' fees and councoat incurred byComparry to cornecticnwith,arisingoutolor from orresulting from any Claim indudinp, without Initiation, any action at law or in equity arising out of this Section. 8. h is the sole responsibility of M Subscriber I () confirm that the Telephone Equipment is compatible with the System, especially when sure are Wunges b IM Telephone Equipment or s"ces tendered ID taken, b the telephone company, i.e., WI waiting, Commit telephone system, answering machines, etc., and (I) lost t o equipment r nt oen�mly, at lent monthly end whenever, changes telephone service for the Premises. Any claimed inadequacy or failure of the equipment Shall be immedle 9 9. In the eventthe System is activaledforanyreasanwhatswver, the Subscriberagoess repay without mccuresor to reimburse Company for arty nes,faes,cwt, expenses, and penalties assessed pex agUpon nst Subscriber antis Company by any court or local, stale wilederal government air agency as a result thereof. Subscriber further agrees that Company, at its sole option, shall widcut a ati cety( ) days We KIM nDkd b Subscriber. to terminate this Agreement h, in Company's ads opinion, Subscriber or abuses yte SYtlom. or an System 4 activated /O.This Agreement becomes binding upon Company only when signed by an authorized representative of Company, who must be a Corporate Officer ff any of dre printed terms and conditions have been interf reaed, altered or substituted by other wadingp. This Agreement is binding on the heirs, executors, administrators, shxxlosaors and asebns or rite parties, and shall be governed by and construed according b the laws of the state set berth in Company's address. assignable Agreement � y at Paolo 0 tole by Subscriber except upon ste written consent of Company, which ahaH be at Company's ode option. This Agraenrxtt or any portion thereof is 011 12. If Company shah waive any Coalilin by Subscriber. it shall not be construed as a waiver of any subsequent breach, and Company's failure NO exercise any rights hereunder shall not be construed as a waiver of any breach unless specifically waived by Company in writing. Company's rights hereunder shall be cumulative, and any rights hereunder may be exercised concurrently or consecutiV and shall include all remedies available under law and equity wen though not expmssy referred to herein. 13. (a) Non -U.L. Con Station marltorirg service consists Solely of the calling by eephone of third path professional agencies or the telephone number supplied by Subscriber in writing upon receipt of sigmas transmlasd from oquipmerl at the Premises. Subscriber agrees that Company, shall have no liability for any loss, damage or, expense to Subscriber inclldinnp, without Imitation, arty geeral, special, incidental, exemplary dye cr consequential damages adairg out of remote programme g ol the Equipment or Pram. (b) U.L. Central Sudon modoorkq aorvice cansisn of the obligations set forts in Section 13(a) hereof and responding br the Premises ape faceplate Signal from the Premises pursuant b the U.L. standards for he U.L. certification Issued as of the date of commencement of monitoring service. 14. Subscriber, agrees that Company's obligations tereunder are waived and released automatically without notice and without liability NO Company for any, general.spea al. inc dental. exemplary. punitive orconsequendal expmw,lmsordanage to Subscriber, in case the Central Station, telephone network equipment, or feckass necessary looperafo to System or Central Station are destroyed, or inoperable for any reason whatsoever, for the duration of such interruption of service. X15. Subscriber agrees t Comparry has no resporuibil'1cryry for the condition cr operation ol any eeqquipment, system, device, or pr ol any sort of Subscriber, Dealer, th telephone sationla ass s. Ilse yyyyslemtransmits signal bywwe(taleplorle bircuet). Subscriber aducwl edgessat(a) the commutl ®son Mlwaen the System at the Promises and Company's central ephore in es,( b) tlefolephonelon may rottransmit hheoommuncation from toSystem, and lines may rattransmit IMcommunicationfromthe System, and(c)Company's sole obligation under such circumstances s b notify, the Wephona company that the telephone line is not operating when Company receives inbrm low advising it of said pdtlem. a the System or its devices transmits signals by radio lolometry, Subscriber understands that a radio telemetry system is a ran - supervised reporting device which requires operable antennae and non Interference with redo wave trarmo siora for a receiver/mareminer andor central action; if there is interference of the transmiasare or if the antennas are inoperative. signal can be transmitted by the devices or System anNar received by the central station while the interference and/cr inoperative condition corhanue3. 18. AN deems, actions or proceedings, legal or egutleder against Company must be commenced in court within one (1) ear after the cause of action has accrued or the act, omission oreventocoorred from which thedaim. action orpoaeedingarses, whicheveris earlier, withoutjudicial extension of time, or sad claim, action or proceeding 4 barred, time being of to essence of this paragraph. 17. This instrument contains the mgrs Agreement between the parses hereto with respect to the transactions described herein and superaedea all previous and contemporaneous negotiations, cemmitmant, contract, express or implied. warranties, express or implied, statements and representations, whether written or oral, pertaining thereto; all of which shelf be deemed merged into this Agreement. Neither parry has authority to make or claim any representation, term, promise, condition, statement, warranty, a inducement which is rot sapressed herein. Should any provision hereof (or portion hereQ, or its application to any circumstances, be Mkt illegal, Invalid w unenforceable to any extent, the valid and enforceability of the remainder of the provision and Oft tnstrumal or of such provisans as applied b any other circumstances, shall not be affected thereby, and shell continue in full force and effectes valid, binding and subsisting. All changes or amendment to this Agreement must be in writing and signed by the parses to be binding an to parses. 19. The acceparca gr this Agreement in writing or by course of conduct or payment by Subscriber to Dealer waives alt terms and conditions contained in any purchase order, acknowledgment or contract Submitted by Subscriber and Subscriber agrees that ro other, terms or conditions contained in any Subscriber document, unless signed by an authorized officer of Company, whether tow terms orcoditions be additional b, different from, or conflicting with the terns and conditions hereof, shall be deemed Included herein or agreed to by Company. Neither the failure of Company b objet to any calmunicason from Subscriber. nor any performance by Company shell be deemed an acceptance of any a m$ or conditions which are additional to, different from, or con"ng with to forms and conditions contained herein. 19. If, at any time after the data hereof, additional services are authorized by Subscriber, all services supplied by Company shall be subject b the terms of this Agreement only, except that additional charges shell be made for such additional services. 20. Company reserves the night to subcontract for the provision of services under this Agreement. Subscriber "a and aeknow edges that the provisions of this Agreement inure lo the bawfit of and are applicable b any aubcontractore engaged by Companyy to provide any service set forth herein to Subsuiber, and bind Subscriber b said subcontragctor(s) with the same force and effect as they bind Subscriber b Company. Subscriber spacfilloly agrees to defend, indemnify and hold harmless Company from and against all claims by any subcontractor engaged by company. 21. Subscriber acknowledges that Company may record wire and out commudcations and hereby consents and authorizes n to so record all etch communications between Company, Subscriber and/or Subscriber's agents. servant. employees and/or Company 22. Subscriber&press topaywitoutreoourse or b rdmburse Ceram for drlogresm.fees, to the sery oes Prowded urhder this Pam• charges, fees, expenses, permits, efo., by any utiliy, or krcal, sat or federal government or agency, relating 23. Subscriber agrees that System monitoring ng information, notification information, and all other information used by Company to perform services under IN Agreement snarl be in wrifing onN All changes or modifications of nformadon shall be In writing only. No oral communication shah be binding on Company. to such 24. the System is Remote Programmable , Subscriber aappreas that all Subscriber request shall be in writing or, if oral, shall be recorded by Company and Subscriber hereby consents be subleot toh recording term' and cond . gra of this AneW. Furtlar, Subscriber agrees that all Remolo Programmable clwhpes or additions to SOMOO provided by the Company shall automatically whi25. Subseber panes greenrnt ones, except that aq additional durpesr ifany, shall be pad Dy Subsaebar to Dealer upon rawpt of hnvoce br same. ch must be ezetwogled SS SuDe�' pen as a�wr�dtlor� r"yndly for the monllorhrp of nhedteal alert ai nals exnpt to Iha extent and as defined in theMedal Alert Rider lo this Agreement by precedent to the monitoring of medical ale sipnaQa by Company. Subscriber agues tat tutees rMPanl Alert Rider is executed Des Subsuiber. Company sMh lea axeupepd from ary arhd d NabiNry wMtwwr in aonneeson wind, arts out of or from. or reeWting from rerwipt olarry medical alert sipnega) from Subscdher a Subscribers pprremises. M Stbscri executes a Medical Alen Rider, Company's liability shall be Snu�y'ea to paragraph thras (3 hereof. 'Ge raSEmse 1bef acAnmowledges and �prepregslgshat lt 4 Suhacribar's spedllo intent that all medical akin spools ahaX be deemed by the par�ea to M general emerpenry abnals (herein &her service (here inaher'A�Aagdieal Asaar'hsdt'1, gubau sormgrwr ,� c�ne'rY w� capp �0,^:?e�hy b conuc or dlapatch any medial, haspial, ambWanw, or otlar like mtiy, person or _- ilf_ _.A_ _.. ___....G', ,,, s.a -oxiw t HHWUH SUSSGRIBER, IN ANY WAY MIGHT OR COULD CLAIM AGAINST COMPANY BASED UPON OR NJ ANY WAY ARISMIG OUT OF COMPANY'S FAILURE TO CONTACT OR DISPATCH MEDICAL ASSISTANCE.) 1-:10 DocuSign Envelope ID: 9EE631AE- 2370 - 419E- A045- EA4B72202E58 Alarm Installation, Billing and Service Agreement Contractor Party Customer (Service location) Invincible Security, Inc. Name Riverview Apartments Preservation, LP 9896 Rosemont Ave., Suite 102 Street 39169 US Hwy 6, Building Lone Tree, CO 80124 City -Zip Avon, Co 81620 303 -569 -6717 Phone - mark isecurit inc.com Email daniei.murray @eaglecounty.us The initial term of this contract is 12 months and entered into this date, 7 -1 -15 by and between the above listed parties, becoming effective on the date the account is placed in service. After the initial term this agreement will renew automatically on a month to month basis unless cancelled by either party with written notice, received 30 -60 days prior to cancellation. Contractor reserves the right to increase the monthly rate after the initial agreement period with at least 30 days' written notice and, unless refused by customer, shall take place on the next billing period. Contractor, for consideration of, and pursuant to, the terms and conditions hereinafter mentioned, agrees to inspect, test the existing equipment and, if functional, activate to a designated monitoring center at no cost. Basic Service Plan- Customer Monitoring Center Signal Receiving and Notification Services for Burglary, Manual Fire, Manual Police Emergency Extended Warranty (see paragraph 1.7) A ( ) Included or B ( x ) Not Included Pricing- Installation- None &Service Fee- $25.00 per month Billing: Cycle- Annual g: y ,charged on or about the first day of Card number Manual Check accepted January to: Exp date Sec code Name on the card billing zip code I authorize this credit card to be charged for all monitoring fees, and, in the event of customer's notification of early termination, the remaining balance of the current term. The entire contract between the parties consists of two documents: (1) this agreement, consisting of this page and through paragraph 1. 17, and (2) Alarm Monitoring Service Agreement. Which together supersede any and all other agreements, understandings, advertisements, or representations in connection with the declarations herein. You admit you have read this page in addition to the attachment which contains important terms and conditions for this contract before signing. You state that you understand the terms and conditions of this contract and are aware that no security system can guarantee prevention of loss or damage, nor that we are a security consultant. This agreement is not binding unless approved by the contractor - owner, Mark Donakowsl� ��� Accepted: Accepted �(� l h„ Invincible Security, Inc. TSM20A"9746A... &D"w&awski ed by: Name bina 6wsLj 77772015 Print - Customer 7/1/2015 DocuSign Envelope ID: 9EE631AE- 2370 - 419E- A045- EA4B72202E58 1.1 WE ARE NOT AN INSURER. We are not an insurer and you will obtain from an insurer any insurance you desire. The amount you pay us is based upon the services we perform and the limited liability we assure under this contract and is unrelated to the value of your property or the property of others located in your premises. In the event of any loss or injury to any person or property, you agree to look exclusively to you insurer to recover damages. You waive all subrogation and other rights of recovery against us that insurer or other person may have as a result of paying any claim for loss or injury to any other person. 1.2 NO LIABILITY; LIMITED LIABILITY. It will be extremely difficult to determine the actual damages that may result from our failure to perform our duties under this contract. You agree that we and our assignees, agents, employees, subsidiaries, affiliates and parent companies are exempt from liability for any loss, damage, injury or other consequence arising directly or indirectly from the services (including internet/website services) we perform or the systems we provide under this contract. If it is determined that we or any of our assignees, agents, employees, subsidiaries, affiliates or parent companies are directly or indirectly responsible for any such loss, damage, injury or other consequence, you agree that damages shall be limited to $500. These agreed upon damages are not a penalty. They are your sole remedy no matter how the loss, damage, injury or other consequence is caused, even if caused by our negligence, gross negligence, failure to perform duties under this contract, strict liability, failure to comply with any applicable law, or other fault. At your request, we may assume additional liability by attaching an amendment to this contract stating the extent of our additional liability and the additional cost to you. You agree that we are not an insurer even if we enter into any such an amendment. 1.3 EXCLUSIVE DAMAGES REMEDY. Your exclusive damage and liability remedies are set forth in paragraph 2 above. We are not liable to you or any other person for any incidental or consequential damages. 1.4 HOLD HARMLESS. In the event any lawsuit or other claim is filed by any other party against us or our assignees, agents, employees, subsidiaries, affiliates or parent companies arising out of the services we perform or the systems we provide under this contract, you agree to be solely responsible for, and to indemnify and hold us completely harmless from, such lawsuit or other claim including your payment of all damages, expenses, costs and attorneys' fees. These obligations will survive the expiration or earlier termination of this contract. These obligations will apply even if such lawsuit or other claim arises out of our negligence, gross negligence, failure to perform duties under this contract, strict liability, failure to comply with any applicable law, or other fault. 1.5 OTHER PARTYS LIMITATION. If you purchased our services or systems through another business or person, or from us through a referral from another business or person, you agree that such other business or person acts solely as an independent contractor. Such business or person shall have no responsibility or liability to you for the performance or nonperformance of the system or services we provide under this contract. Without limiting the above, you agree that the liability of such other business or person is, in any event, limited in accordance with the provisions of this contract. You agree that such business or person and its assignees; agents, employees, subsidiaries, affiliates and parent companies may invoke all of our rights under these paragraphs. 1.6 TIME TO FILE LAWSUIT. You agree to file any lawsuit or other action you may have against us or our assignees, agents, employees, subsidiaries, affiliates or parent companies within (1) year from the date of the event that caused the loss, damage or liability. CM DocuSign Envelope ID: 9EE631AE- 2370 - 419E- A045- EA4B72202E58 1.7 EXTENDED LIMITED WARRANTY. (A) If customer's agreement includes this coverage, Invincible Security will repair or, at our option, replace any defective part of the system, EXCLUDING batteries, and will make any needed mechanical adjustments, for a maximum of a $ trip charge. We will use new or functionally operative parts for replacements. This limited warranty is for your benefit only, and may not be enforced by any other person. This limited warranty gives you specific legal rights. The laws of the state where this contract was signed may give you additional rights. (B) If customer's agreement does not include this coverage, all work will be done on a time and material basis at the current prevailing rates. 1.8 WARRANTY EXCLUSIONS. We perform warranty services only during our normal working hours. If you request us to perform warranty services outside our normal working hours, you will be required to pay us for the services at our then applicable rates for labor and parts. The limited warranty does not apply if we determine upon inspection that any of the following conditions caused the need for service: A. Damage resulting from accidents, theft, Acts of God, alterations or misuse; B. You fail to properly follow the operating instructions; C. Trouble in a telephone line; or due to interruption of power; D. Alterations to your premises; E. Alterations to the system made at your request, or made necessary by a change to your premises, damage to your premises or the system, or for any other cause beyond our control. We will not perform warranty services on any device not installed by us. You must furnish the necessary electrical power through your meter at your expense to obtain warranty services; F. It you fail to test the Equipment at least weekly, we will not be responsible for any warranties or services provided under this contract. Our obligation to provide replacement or repair service under this contract shall be conditioned upon the continued availability of the original part or component from the original manufacturer. 1.9 NO OTHER WARRANTIES. Other than the limited warranty, we make no guaranty or warranty of any kind, including any implied warranty of merchantability or fitness for a particular purpose with respect to the services we perform or the systems we provide under this contract. Your exclusive warranty remedy is set forth above. We are not liable to you or any other person for any incidental or consequential damages. Some states may not allow us to limit the length of an implied warranty or to exclude or limit incidental or consequential damages. The laws of the state where this contract was signed will determine whether these limitations and exclusions apply. 1.10 REPAIRS AND PARTS REPLACEMENT. At your request we will repair or replace the equipment we provided at our then - prevailing prices after the limited warranty expires. At your request we will also repair or replace anything excluded from the limited warranty at our then - prevailing prices. 1.11 ASSIGNMENT. I understand this this contract is not assignable by me except upon the prior written consent of the contractor and that any assignment by me without the prior written consent of contractor shall be void and of no effect. Contractor shall have the right to assign this contract to any other person, firm or corporation or its affiliate without notice to me. Contractor shall have the further right to subcontract any installation and / or services without notice to me, including but not limited to, monitoring serves and / or limited warranty/ extended limited warranty service that the contactor may perform. I acknowledge and agree that this contract and particularly those paragraphs relating to the contractor's limited liability, disclaimer of warranty and third -party indemnification inure to the benefit of, and are applicable to, any of its assignee(s) and /or subcontractors, with the same force and effect as they apply to the contractor. I further acknowledge and agree that an [�S_ assignee of this contract shall not be responsible for claims, liabilities or damages DocuSign Envelope ID: 9EE631AE- 2370 - 419E- A045- EA4B72202E58 that accrued prior to the date of such assignment and are hereby releases from same. Any reference to the contractor as set forth in this agreement shall be interpreted to include references to its assignees(s), whether or not a specific reference is made to assignee(s). 1.12 DELAYS. We have no responsibility or liability to you or any other person for delays in the installation or repair of the system or the performance or our services, regardless of the reason, or for any resulting consequences. We have no responsibility or liability for interruptions of service, or any resulting consequences, whether due to strike, riot, flood, fire, terrorism, act of God, or any other cause beyond our control. During any such service interruption, we have no obligation to supply you substitute services. 1.13 MEDICAL. I understand and accept that the contractor specifically disclaims any responsibility for service associated with the notification or dispatching of paramedics, doctors and other medical personnel and/ or ambulance services and if there are any charges incurred as a result of said notification, said charges shall be my responsibility, whether requested or not and whether such entities were correctly or incorrectly notified, and agree to indemnify contractor regarding such charges. 1.14 CONTRACTOR IS NOT A SECURITY CONSULTANT and cannot address all of my potential security needs. Contractor has explained to me additional equipment and service that can be provided to me above what is identified in this agreement and I understand the additional items can be purchased at additional cost to me. 1.15 COVERAGE DISCLAIMER. No alarm system can provide complete protection or guarantee prevention of loss or injury. Fires, floods, burglaries, robberies medical problem and other incidents are unpredictable and cannot always be detected or prevent by an alarm system. Human error is always possible, and the response time of police, fire and medical emergency personnel is outside the control or the contractor and monitoring center. Contactor may not receive alarm signals if communication or power is interrupted for any reason. 1.16 SYSTEM TEST. Contractor has recommended I manually test the equipment monthly and any time I change telephone lien. 1.17 EQUIPMENT OWNERSHIP. The equipment will become my property upon payment of the purchase amount total include sales tax in full. This is the end of the Alarm Installation, Billing and Service Agreement. If monitoring service is provided, a separate two page monitoring agreement must be signed by both parties. IR DocuSign Envelope ID: FB126E89- 688A- 4D59- A24D- 5342EAB6A5DB U. AL 99-40 FL EF0000964 OK 648 TX B -09590 VA 11 -2850 ALARM MONITORING SERVICE AGREEMENT DATE DEALER # svcrrn4 AlArrnl iKIT 7 -1 -15 2284 R990029 1. NAM Eiverview Apartments Preservation, LP ALARM CONDITION RESPONSE OPTIONS 39169 US Hwy 6, Building E 2. ADDRESS __ OPEN /CLOSE ❑ CO 3. CITY Avon STATE 81620 ADDITIONAL ZONE[:] ZIP (970) 949 -5840 4. TELEPHONE CROSS STREET ADDITIONAL ❑ # 5. PASSCODE COMMUNICATOR MAKE (MODEL #) FORMATTYPE MEDICAL ❑ DIRECTIONS TO PREMISES: • DEFAULT# TIME ZONE Mtn TESTTIMER RESIDENTIAL ❑ PHONE NUMBERS CONNECTED TO COMMUNICATOR: DAILY O WEEKLY COMMERCIAL ❑ #1 MONTHLY OTHER #2 LOCAL AUTHORITIES AGENCY CODE AUTHORITY TELEPHONE NUMBER 0 = Fire © = Police _ Q = Emer. /Medical +i • • � s s © = Guard s • 0 = Other • s AUTHORIZED INDIVIDUALS NAME TO BE • TELEPHONE NUMBER PH ONE 1 Jose Alvarado 970- 471 -1215 Cell 2. � >Nt 3. i 4. ! # • ! ! • 5. • ! 6. M i _ rnune �oae uescnpaons Are: U =dome U =Work U = Cellular �P I =pager U = Aumorty Level First July, 2015 This agreement is made this day of , by and between RRMS INC. ( "Company ") and ITEM "1." ABOVE ( "Subscriber"). Location of Subscribers ( "Premises ") ITEMS "2.," "3.," ABOVE. In co?leration of and subject to the terms and conditions herinafter set forth Company agrees to monitor and Subscriber agrees to permit Comp anv to monitor a U.L.Oremote oroarammable5j commerdal ❑residential signaling system ( "System ") in subscribers Premises as a subcontractor of Invincible Security, Inc ( "Dealer"). SUBSCRIBER SPECIFICALLY ACKNOWLEDGES AND ACCEPTS PARAGRAPHS 3 AND 6 HEREOF. TERMS AND CONDITIONS ON THE REVERSE SIDE ARE AN INTEGRAL PART OF THIS CONTRACT. SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF CONTRACT. READ THE FRONT AND REVERSE BEFORE SIGNING. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED WHICH EXTEND BEYOND TH DESCRIPTION ON TFIF FA FOR EyFRSE rirocnc INrI IN ANY IMPLIED WARRANTY OF MERCHANTABILITY OR EITNESS FOR a PARTICULAR PURPOSE. IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed 6EL<d9�lSw Agreement to be executed on the date first above written. �u i1th AW By: Dx.uSi nod by S KKK._ Approvetl: IvLOU'Y w� Date 71712015 Date /1/2015 RRMS -FM- 68F889C0D3FF4C8... ALARM CONDITION RESPONSE OPTIONS _ • - • __ _ +i • • � s s s • ! � • s � >Nt ! • i ! # • ! ! • • ! +t • M i _ _ • ! • !I U = Aumorty Level First July, 2015 This agreement is made this day of , by and between RRMS INC. ( "Company ") and ITEM "1." ABOVE ( "Subscriber"). Location of Subscribers ( "Premises ") ITEMS "2.," "3.," ABOVE. In co?leration of and subject to the terms and conditions herinafter set forth Company agrees to monitor and Subscriber agrees to permit Comp anv to monitor a U.L.Oremote oroarammable5j commerdal ❑residential signaling system ( "System ") in subscribers Premises as a subcontractor of Invincible Security, Inc ( "Dealer"). SUBSCRIBER SPECIFICALLY ACKNOWLEDGES AND ACCEPTS PARAGRAPHS 3 AND 6 HEREOF. TERMS AND CONDITIONS ON THE REVERSE SIDE ARE AN INTEGRAL PART OF THIS CONTRACT. SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF CONTRACT. READ THE FRONT AND REVERSE BEFORE SIGNING. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED WHICH EXTEND BEYOND TH DESCRIPTION ON TFIF FA FOR EyFRSE rirocnc INrI IN ANY IMPLIED WARRANTY OF MERCHANTABILITY OR EITNESS FOR a PARTICULAR PURPOSE. IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed 6EL<d9�lSw Agreement to be executed on the date first above written. �u i1th AW By: Dx.uSi nod by S KKK._ Approvetl: IvLOU'Y w� Date 71712015 Date /1/2015 RRMS -FM- 68F889C0D3FF4C8... t Suhscribar agrees that the System is to be kept in good working order by Subscriber. Subscriber further agrees that Company has no responsibility for the operation nr non -oc erasion of the System tar Me transmission of signals b Company's Central Station receiving equipment. 2. Subscriber agrees that this Agreement shall condnye, withoutacdon by either parry, extend and renew itself under the same terms and on On conditions Precedent that Dealer prepay for central station monitoring services b be rendered by Company to Subscriber, and that Dealer not be in breach or default under Company's contract with s Prece ent that D agrees that Dealer's failure b prepay Co as aforesaid or Dealer's breach or detauhunder Company's contract with Dealer shall permit Company, upon five IS Win days written notice b Subscribsr, to terminate this Agree monL and ubsaiber hereby releases Company tot all general, special, incidental and consequential expense, loss and damage to Subscriber, whether due a the sole, joint or several negligence of Company, in agents, servants . employees, suppliers or subcontraetora- SubscriberfuMeragrees that Dealer is an irdependentcontractorand not an agentof Company loran purposawhatsoever, including, but not limited lo, payment for monitoring services. Therefore, Subscriber hereby waives arty ry I to equitable relief against Company. NolwithstaMmy rite abboove provialon , should Subscriber obtain equitable reiiel againat Company, Subsuiber agrees o Company all monies claimed by Company to be due and owing b Company by Dealer for past services h Subscriber, all monies for future . SUBSCRIBER AGREES ii twnca;QTAuno Ytu w�rnb..end..wY �' fees and expenses in defending any action by Subscriber seeking equitable rebel. N. Subscriber understands that transmfasion of signals from he devices with which the System is equipped (,dWms,) and /or the System may be via rediotelemetry, esegifo transmission, cable or wire (telephone circuit) and that ah9medw or addional prolecbon can be installed at Su Its pibees to a at and expense. Subscriber 1urdw undevelainds that for equipment which transmits signals viade telephone circuit there are various types oftelephoe line service, including direct wire,& Culloh LOOS�,Multiplex,eo., and the devices era 1101 infallible and Subscriber specifically mt , able,or edges MatCempany does not represent p warrant Mat he devices, System a th e transmission of sigma's Mull the devices or he System via satellite Vanand Sub , radio supervise nab orO telephone line service may rot be interrupted, circumvented or compromised. In addition, Subscriber understands that a digyital kenVal station communicator is a non. auperwseri •eporang device which requires the telephone equipment, connection o the telephone network and the telephone line (Telephone Equipment) b be compatible and operative with the System for a signal to be transmitted by the System and/or received by the central station; if the Telephone Equipment is not compatible or operative Mere is no indication of this fact at the central station and no signal can be received by the central station while the Telephone Equipment remains incompatible or inoperative. Subscriber fuller understands that satellite transmissions. radio telemetry and radio frequency transmissions may be impaired or interrupted by ground interference and/or atmospheric conditions, including• without limitation, sun spots, electrical storms, power failures or other conditions and events beyond the control of Company and that it satellite or radio transmissions are interrupted there is no indication of this fact at the conirai station and no . nal cen be received bpyy he oentsl station while he interruption continues. 5.'Subscriber does hereby for hirMeNasehandall parties Wimirg under him/her!t release and discharge Company from and against all hazards covered by insurance or bond, including all deductibles and retained limits as well as lees or damage in excess of policy limits. his expressly understood and agreed that no insurance company insurer, or bonding company or their aucceswra a assigns shall have any nights created by a Loan Agreement, Loan Receipt, or other like document or procedure , r any right of subrogation against Company 6. Su becriberagrees b indemniy, defend and hold harmless Company from and against all claims. demands, liabilities, damepes, losses. expenses. induduhp wtornays fees and lawsuits which may be assailed against or incurred by Company by or due to any person not a party to this Agreement, including Subscriber's insuranca'or bonding company, for any expense• loss or damage including, but notlimited b, stawtorycivil damages, personal injury, death and/or property damage, real or personal, arising outof the design, sala,lease, insnilaoon, repair, service, dispatch, maintenance, monitoring, recording of conenuntcabons, operation or ran- opereson OI rite equipment. System or central station faWides, wMhw KW ID ill aria, joint r several negligence (including prose n•gliperhoa) of Compaq or its agents, servants, employees, auppHer3. or subcorhtreclore, breach d contra • implied, product or strict Nab'' ardor contract, **ran or implied, breach of warranty. express of liability, any! Wan la mnbfbution r indemniScatlon. whether in contract, tort or equity. 7. Upon termination Of or Systems services for any reason, he receipt of signals empowers Systems. Systems which excessively signal Me Coirgary's Central Station wiMoul inc a able of on r Premises rSyts Central not under Sation b Vaetwith Company, Subscriber empowers and au0orizesCompany to retrain from monitoring McSysem ar�NOr b render Ns equipment incapable of communicating with in Central Station by diact or remote pprrogrammingy Me removal or deletion of data necessary for the operation of the System or through any Other means renderinoperable the mi orothwcommunicabon device,wi0autany liability o Subscriber, and Subscriber hereby releases Company fordl general, special, incidental, exemplary, punitive and consequstr expense. loss or damage to Subscriber, whether due to the sole, joint or several negligence (including gross negligence) of Com i in agent, servants, employees, suppliers or subcontractors. M Company is prohibited b remote program or to render inoperable Me microprocessor or other communication device, or d, after written notice to Subscriber. Suburiber fails to disconnect he System of prevent td stem furormunicating with the Central Station, Subscriber agrees b pay b Company the sum Of R ('50.00) Dollars for each signal from to Remises received he Central ty -. ryy by Compsrry in any claim, suitor arbitration (Claim') )inclua W damages and not es e teal Fuller. Subscriber agrees b pay b Company all rests actually incurred from any Claim including, without limitation. action at law Oriegimitan.3ing out echo sand courlcoantncuned by ConhparymcomxtonwiM .anaing outWahomorreaultkg arty egwry arising out of this Section, N. his the sole responsibility of Me Subscriber ID(i) confimh that ft Telephone Equipment is compatible with Me System, especially when two are changes to de Telephone Equipment or services rendered to Subscriber by he telephone company, i.e., call waiting. Canoes telephone system, answering machines, etc., and (R) test Me erlufprnoM periodically, at least monthly and whenever Ganges ste made iv telephone service for de Premises. Any claimed inadequacy or failure of Me equipment shall be immom isnN spored b Dealer. 9. Inheeventhe System is ae0vaedbranyfeaMrm NNhatadB . Me Subscriberaglees t0paywlthoutrecorse or etaittlburse Company 1prary nes,fees,mao, expenses, and penalties assessed against Subscribes andror Compry by any mud a focal, state oFlederal government or agency as a result thereof. Subscriber further agrees Mr Company. at its sole option, shall be o rr apparent ponceuce(5) days wrhen notice b SWwiber. b ermine this Agreement 0, in Company's sole opinion. Subscriber or abwes ps Sysan. w Me System is activated I O.This Agreement becomes bindkg upon Compary only when signed by an authorized representative of Company. who must be a Corporate Officer if airy, of the printed terms and conditions have been interlmeated, slowed or substituted by od w wording. This Agreement is bnding on the heirs, executors, administrators. successors and assigns of 0e parties, and shall be governed by and construed according to he laws of the state am forth in Company's address. 1 !.This Agreement is rat assignable by Subscriber except upon Me written consent of Company, which shag be at Company's ado option. This Agreement r any potion then I is assignable by Company at its sole option . 12. If Company shall wave ry breach by Subscriber, it shell not be construed as a waiver of arty subsequent breach, and Company's failure to exercise any rights hereunder shall no, be construed as a waiver of any breach unless specifically waived by Company in writing. Company's rights hereunder shag be cumulative, and any rights hereunder nay be exercised eoncurren r uxlsewOveN and shelf include all remedies available under law and equity wen hough not expressy referred to herein. 13. (a) on -U.L. Cent nf Station monitoring service consists solely of Me calling by telephone of third parry pro fessional agencies or Me telephone number supplied by Subscriber in writing upon receipt of spsals transmitted from equipment at he Premises. Subscriber agrees that Company shall have no liability lot any loss, damage r expense to Subscriber including, without limitation, any general, special, incidental. exemplary , punitive r consequenoal damages wising out of remote programming of the Equipment r System. (b) U.L. Central Station modtorirq service co sisn sole yl of the obligations set forth in Section 13(a) hereof and responding b Me Promises upon recept of a sipM from" premises pursuant to the U.L. standards for Me U.L. certification issued as of the date of commencement of monitoring service. exemplary, Subscriber agrees that Company's obligations hereunder are waived and released automatically without notice and without liability b Company for ry genes!, ape W incidental. platy, punitiveor consequential expense. loss rdamage b Subscriber, in case he Central Station, telephone network equipment. orlacifites necessary tooperae the Sysotem rCsnVai Station are destroyed, daruhaoed, r inoperable for any reason whatsoever, for the duration of such interruption of service. 15. Subscriber agrees tfMhsaI Company has no reagonsibil'hhryry for de condition r opwation d any equipment, system, device, r property of any soil of Subscriber, Dealer, to telephone companyrothers. I that syystem tranrtlls signals bywxe (IM9=circuit) Subscriber acknowledges Mr(a)he commurlcwtion between is Sysomatdu PremiseaandCompany'acentral station s wake teleplano I'shes, (b) Meelephrhelines may not transmit theicmmuNcation from ie System, and lines may rat transmit thecommu 'cation fromtheSysom. and (c) Company's sole obligation under such circumstances is to notify the ephona company that the telephone tine is not operating when Company receives Information advising It of said problem. h the System r its devices transmits signals by radio teemetry, SuDacniber understands that a radio telemetry system is a non - supers sed reporting device which requires operable antennae and non interference with raft wave Vansmseisne for a reoaivemtransmitter andor central Mellon; it Mere is Interference of the transmissions or if the antennae are inoperative, signal can be transmitted by the devices of System and/or received by the central station while the interference and/or inoperative condition continues. 16. AN claims, actions or proceedings, legal or equitable, against Comparry must be commenced in court within one (1) year altar the cause of action has accrued or he act, omission or event occurred from which Me Wim, action or proceeding arises, whichever is earlier, withoutjudicial extension of time, or said claim, action orprocaading is barred, time being of to essence of this paragraph. 17. This instrument contains Me entire Agreement between he parties heri with respect to the transactions described herein and supersedes all and contemporaneous negoGatons,puexnmitnents, contracts, express r implied, warranties, express or implied, statements and representations, whether written r oral, pertain prie lea, all of which l hwei. Sho Id a1yoproM ionhehereof (a potion g�her� authority b make r claim any represenation, term, promise, condition, statement, warrany, r inducement which is not expressed remainder of Me provision and h(6 istrtsten rOf w hr in application b any circumstances, be Mkt legal, invalid or unenforceabe b arty exent, Me valid and enforceability of the L provisions es applied o any other dreumstances, shag not be affected Meraby, and shall continue in lug [moo and o fect'ai, valid. binding and subsisting. All changes or amendments b Mis Agreement must be in venting and signed by he parties to be binding on the parties. IS. The acceptance of No Agreement in wrung or by Course of conductor payment by Subscriber to Dealer waives ag terms and oonditions contained in any purchase order, acknowledgment or contract ibbmihsd by Subscriber and Subscriber agrees that no other terms or conditions contained in any Subscriber document, unless signed by an authorized officer of Company, whether those terms or conditions be additional b, different from, or oonflichng with the terms and conditions hereof, shall be deemed included heroin or agreed to by Cocopany. Neither the failure of Company b object o arty communication from Subscriber, nor arty performance by Company atoll be deemed an acceptance Of any forma or conditions which are additional to, different from, r con"ng with the arms and conditions contained herein. 19. If, at any time after this dam hereof, additional services are authorized by Subscriber, all services supplied by Ccmpa y shall be subject to he terms of hie Agreement only, except that additional charges shag be made for such addiond services. 20. Company reserves Me right to subcontract for the provision of services under this Agreement. Subscriber agrees and acknowledges that Me provisions of this Agreement inure o the benefit of and are applicable to any suboontacos engaged by Company o provide any service set ford herein to Subsuiber, and bind Subscriber b said subcontractr(s) with de engaged me force and Cr^WM'- they bind Subsuiber b Company. Subscriber spot ly agrees to defend, indemnity and hold harmless Company ham and againstall claims by any subcontractor 21. Subscriber aoknowkrdpes fret Company may record wire and oral communications said hereby consents and s ll horizes Company to so record dl such communications between Cocopany, Subscriber and/or Subscriber's agents, servants, employees and/or representatives. 22. Subscriber sprees to pa mdmtmcourse or b reimburse Compry for all charges, fees, expenses, permits. etc., by arty utility or local. state r federal government r agency, relating .,he services Provided under Mis Agreement 23. Subscriber agrees that System monitoring information, notification information, and WI other information used by Company to perform services under this Agreement shall be in writing ony AN changes or modifications M information shall be in writing only. No oral communication shag be binding on Company. 24. It the System is Remote Programmable, Subscriber agrees that all Subscriber requests shall be in writing r, if oral, shag be recorded by Company" Subscriber hereby consents to such recording pursuant to Paragraph 21 hereof. Further. Subscriber agrees that all Remote P remmebe Chang" or addiiou b service provided by he Company shall automatically be subject o IM terms and at Conipnesroyf this Agreement onty, except that all additional Margas. 4 airy, shall be pad by Subscriber b Dealer upon rxcept of invoke for same. which mustM ebxaeu[ed by SStlb mbera Wll!hav n ��altwity����ing of medical Wert signals except to extent and as defined in the Nedd Alert Rider to this Agreement w1� precedent b the monitoring of medical alem signals by Company. Subscriber agrees that unless aiMdcal Alen Rider is executed Subscriber, S Company shall e as��etes home my u daN�abiiry ewh't" in oonneeion with., gout of r from, r mulirg from receipt Of any medical Weil simalls) from Subscriber or - - - - -- - - - - -- - -- - -• ••• -• -• -- .�..- •- •••..+ ,...,wv.. wvn.ntoen, m nrvr curer aatsnh lent LAAJLU CLAIM AGAINST COMPANY BASED UPON OR IN ANY WAY ARISING OUT CW COMPANY'S FAILURE TO CONTACT OR DISPATCH MEDICAL ASSISTANCE.) DocuSign Envelope ID: FB126E89- 688A- 4D59- A24D- 5342EAB6A5D8 Alarm Installation, Billing and Service Agreement Contractor Party Customer (Service location) Invincible Security, InqSuitel Name Riverview Apartments Preservation, LP 9896 Rosemont Ave., Lone Tree, CO 80124 Stree t City -Zip 39169 US Hwy 6, Building Avon, Co 81620 303 -569 -6717 Phone - mark isecurit inc.com Email daniel.murray @eaglecounty.us The initial term of this contract is 12 months and entered into this date, 7 -1 -15 by and between the above listed parties, becoming effective on the date the account is placed in service. After the initial term this agreement will renew automatically on a month to month basis unless cancelled by either party with written notice, received 30 -60 days prior to cancellation. Contractor reserves the right to increase the monthly rate after the initial agreement period with at least 30 days' written notice and, unless refused by customer, shall take place on the next billing period. Contractor, for consideration of, and pursuant to, the terms and conditions hereinafter mentioned, agrees to inspect, test the existing equipment and, if functional, activate to a designated monitoring center at no cost. Basic Service Plan- Customer Monitoring Center Signal Receiving and Notification Services for Burglary, Manual Fire, Manual Police Emergency Extended Warranty (see paragraph L 7) A ( ) Included or B ( x ) Not Included Pricing- Installation- None & Service Fee- $25.00 per month C cle- Annual Billing: y , charged on or about the first day of Card number Manual Check accepted January to: Exp date Sec code Name on the card billing zip code I authorize this credit card to be charged for all monitoring fees, and, in the event of customer's notification of early termination, the remaining balance of the current term. The entire contract between the parties consists of two documents: (1) this agreement, consisting of this page and through paragraph 1. 17, and (2) Alarm Monitoring Service Agreement. Which together supersede any and all other agreements, understandings, advertisements, or representations in connection with the declarations herein. You admit you have read this page in addition to the attachment which contains important terms and conditions for this contract before signing. You state that you understand the terms and conditions of this contract and are aware that no security system can guarantee prevention of loss or damage, nor that we are a security consultant. This agreement is not binding unless approved by the contractor - owner, Mark Donakov�s %j. Accepted: Accepted E78D692OA469746A... (L wesk ,av, Invincible Security, Inc. DoeuSigned by: Nam i�t.#A VminathwsLi 77772015 Print- 81)owski Customer 7/1/2015 DocuSign Envelope ID: FBI26E89- 688A- 4D59- A24D- 5342EA66A5D8 1.1 WE ARE NOT AN INSURER. We are not an insurer and you will obtain from an insurer any insurance you desire. The amount you pay us is based upon the services we perform and the limited liability we assure under this contract and is unrelated to the value of your property or the property of others located in your premises. In the event of any loss or injury to any person or property, you agree to look exclusively to you insurer to recover damages. You waive all subrogation and other rights of recovery against us that insurer or other person may have as a result of paying any claim for loss or injury to any other person. 1.2 NO LIABILITY; LIMITED LIABILITY. It will be extremely difficult to determine the actual damages that may result from our failure to perform our duties under this contract. You agree that we and our assignees, agents, employees, subsidiaries, affiliates and parent companies are exempt from liability for any loss, damage, injury or other consequence arising directly or indirectly from the services (including internet/website services) we perform or the systems we provide under this contract. If it is determined that we or any of our assignees, agents, employees, subsidiaries, affiliates or parent companies are directly or indirectly responsible for any such loss, damage, injury or other consequence, you agree that damages shall be limited to $500. These agreed upon damages are not a penalty. They are your sole remedy no matter how the loss, damage, injury or other consequence is caused, even if caused by our negligence, gross negligence, failure to perform duties under this contract, strict liability, failure to comply with any applicable law, or other fault. At your request, we may assume additional liability by attaching an amendment to this contract stating the extent of our additional liability and the additional cost to you. You agree that we are not an insurer even if we enter into any such an amendment. 1.3 EXCLUSIVE DAMAGES REMEDY. Your exclusive damage and liability remedies are set forth in paragraph 2 above. We are not liable to you or any other person for any incidental or consequential damages. 1.4 HOLD HARMLESS. In the event any lawsuit or other claim is filed by any other party against us or our assignees, agents, employees, subsidiaries, affiliates or parent companies arising out of the services we perform or the systems we provide under this contract, you agree to be solely responsible for, and to indemnify and hold us completely harmless from, such lawsuit or other claim including your payment of all damages, expenses, costs and attorneys' fees. These obligations will survive the expiration or earlier termination of this contract. These obligations will apply even if such lawsuit or other claim arises out of our negligence, gross negligence, failure to perform duties under this contract, strict liability, failure to comply with any applicable law, or other fault. 1.5 OTHER PARTYS LIMITATION. If you purchased our services or systems through another business or person, or from us through a referral from another business or person, you agree that such other business or person acts solely as an independent contractor. Such business or person shall have no responsibility or liability to you for the performance or nonperformance of the system or services we provide under this contract. Without limiting the above, you agree that the liability of such other business or person is, in any event, limited in accordance with the provisions of this contract. You agree that such business or person and its assignees; agents, employees, subsidiaries, affiliates and parent companies may invoke all of our rights under these paragraphs. 1.6 TIME TO FILE LAWSUIT. You agree to file any lawsuit or other action you may have against us or our assignees, agents, employees, subsidiaries, affiliates or parent companies within (1) year from the date of the event that caused the loss, damage or liability. og [' 08- DocuSign Envelope ID: FB126E89- 688A- 4D59- A24D- 5342EAB6A5D8 1.7 EXTENDED LIMITED WARRANTY. (A) If customer's agreement includes this coverage, Invincible Security will repair or, at our option, replace any defective part of the system, EXCLUDING batteries, and will make any needed mechanical adjustments, for a maximum of a $ trip charge. We will use new or functionally operative parts for replacements. This limited warranty is for your benefit only, and may not be enforced by any other person. This limited warranty gives you specific legal rights. The laws of the state where this contract was signed may give you additional rights. (B) If customer's agreement does not include this coverage, all work will be done on a time and material basis at the current prevailing rates. 1.8 WARRANTY EXCLUSIONS. We perform warranty services only during our normal working hours. If you request us to perform warranty services outside our normal working hours, you will be required to pay us for the services at our then applicable rates for labor and parts. The limited warranty does not apply if we determine upon inspection that any of the following conditions caused the need for service: A. Damage resulting from accidents, theft, Acts of God, alterations or misuse; B. You fail to properly follow the operating instructions; C. Trouble in a telephone line; or due to interruption of power; D. Alterations to your premises; E. Alterations to the system made at your request, or made necessary by a change to your premises, damage to your premises or the system, or for any other cause beyond our control. We will not perform warranty services on any device not installed by us. You must furnish the necessary electrical power through your meter at your expense to obtain warranty services; F. It you fail to test the Equipment at least weekly, we will not be responsible for any warranties or services provided under this contract. Our obligation to provide replacement or repair service under this contract shall be conditioned upon the continued availability of the original part or component from the original manufacturer. 1.9 NO OTHER WARRANTIES. Other than the limited warranty, we make no guaranty or warranty of any kind, including any implied warranty of merchantability or fitness for a particular purpose with respect to the services we perform or the systems we provide under this contract. Your exclusive warranty remedy is set forth above. We are not liable to you or any other person for any incidental or consequential damages. Some states may not allow us to limit the length of an implied warranty or to exclude or limit incidental or consequential damages. The laws of the state where this contract was signed will determine whether these limitations and exclusions apply. 1.10 REPAIRS AND PARTS REPLACEMENT. At your request we will repair or replace the equipment we provided at our then - prevailing prices after the limited warranty expires. At your request we will also repair or replace anything excluded from the limited warranty at our then - prevailing prices. 1.11 ASSIGNMENT. I understand this this contract is not assignable by me except upon the prior written consent of the contractor and that any assignment by me without the prior written consent of contractor shall be void and of no effect. Contractor shall have the right to assign this contract to any other person, firm or corporation or its affiliate without notice to me. Contractor shall have the further right to subcontract any installation and / or services without notice to me, including but not limited to, monitoring serves and / or limited warranty/ extended limited warranty service that the contactor may perform. I acknowledge and agree that this contract and particularly those paragraphs relating to the contractor's limited liability, disclaimer of warranty and third -party indemnification inure to the benefit of, and are applicable to, any of its assignee(s) and /or subcontractors, with the same force and effect as they apply to the contractor. I further acknowledge and agree that an DS assignee of this contract shall not be responsible for claims, liabilities or damages Ek— DocuSign Envelope ID: FBI26E89- 688A- 4D59- A24D- 5342EAB6A5D8 that accrued prior to the date of such assignment and are hereby releases from same. Any reference to the contractor as set forth in this agreement shall be interpreted to include references to its assignees(s), whether or not a specific reference is made to assignee(s). 1.12 DELAYS. We have no responsibility or liability to you or any other person for delays in the installation or repair of the system or the performance or our services, regardless of the reason, or for any resulting consequences. We have no responsibility or liability for interruptions of service, or any resulting consequences, whether due to strike, riot, flood, fire, terrorism, act of God, or any other cause beyond our control. During any such service interruption, we have no obligation to supply you substitute services. 1.13 MEDICAL. I understand and accept that the contractor specifically disclaims any responsibility for service associated with the notification or dispatching of paramedics, doctors and other medical personnel and/ or ambulance services and if there are any charges incurred as a result of said notification, said charges shall be my responsibility, whether requested or not and whether such entities were correctly or incorrectly notified, and agree to indemnify contractor regarding such charges. 1.14 CONTRACTOR IS NOT A SECURITY CONSULTANT and cannot address all of my potential security needs. Contractor has explained to me additional equipment and service that can be provided to me above what is identified in this agreement and I understand the additional items can be purchased at additional cost to me. 1.15 COVERAGE DISCLAIMER. No alarm system can provide complete protection or guarantee prevention of loss or injury. Fires, floods, burglaries, robberies medical problem and other incidents are unpredictable and cannot always be detected or prevent by an alarm system. Human error is always possible, and the response time of police, fire and medical emergency personnel is outside the control or the contractor and monitoring center. Contactor may not receive alarm signals if communication or power is interrupted for any reason. 1.16 SYSTEM TEST. Contractor has recommended I manually test the equipment monthly and any time I change telephone lien. 1.17 EQUIPMENT OWNERSHIP. The equipment will become my property upon payment of the purchase amount total include sales tax in full. This is the end of the Alarm Installation, Billing and Service Agreement. If monitoring service is provided, a separate two page monitoring agreement must be signed by both parties. CIS