{g) System modifications/customization requested by Customer, If Customer calls Johnson Controls for Warranty Service and Johnson Controls’ representative finds that one of the
| *Conditions” has led to the inoperability or apparent inoperability of the EquipmentSystem or any component, Johnson Controls may bill Customer for the service call whether or not
Johnson Controls actually works on the Equipment/System. If repairs are required due to one of the above “Conditions”, Johnson Controls will charge Customer for such work on atime
and materials basis at Johnson Controls’ then applicable rates for labor and materials.
in THE FOREGOING WARRANTY Is IN LIEU OF ALL GTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FIFNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES
RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING JOHNSON CONTROLS’ NEGLIGENCE, IS REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. JOHNSON
CONTROLS WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
PERSONAL INJURY OR DAMAGES TO PROPERTY, HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY OR CONTRACT BY
JOHNSON CONTROLS OR NEGLIGENCE OF JOHNSON CONTROLS OR OTHERWISE. Johnson Controls makes no and specifically disclaims all representations or warranties that the
| Services, products, software or third party product or software will be secure from cyber threats, hacking or other similar malicious activity, or will detect the presence of, or eliminate, treat,
| or mitigate ihe spread tansmission, or outbreak of any pathogen, disease, virus or other contagion, including but not limited to COVID 19,
Io. System Requirements, Miscellaneous. 1. Vaults. Customer must ensure thal any Customer vault protected by sound or vibration detector systems has the minimum construction
characteristics prescribed by the Underwriters' Laboratories, Inc. 2. System Testing. Customer must test all detection devices or other electronic equipment according to procedures
prescribed by Johnson Controls prior to setting the alarm system for closed periods and must notify Johnson Controls promptly if such equipment fails to respond to any such test. 3.
Farniliarization Period. UNLESS CUSTOMER HAS REJECTED THE FAMILIARIZATION PERIOD (EXCEPT WHERE A FAMILIARIZATION PERIOD IS REQUIRED BY LAW), |
| CUSTOMER AGREES THAT: (a) DURING A FIVE (5} DAY FAMILIARIZATION PERIOD, OR SUCH PERIOD AS IS REQUIRED BY LAW: AND (b} FOLLOWING COMPLETION OF THE |
INSTALLATION AND THE COMMUNICATIONS CONNECTION TO JOHNSON CONTROLS CMC (AND DURING ANY APPLICABLE EXTENSIONS), JOHNSON CONTROLS HAS NO |
OBLIGATION TO, AND WILL NOT, RESPOND TO ANY ALARM SIGNAL RECEIVED AT THE JOHNSON CONTROLS' CMC FROM CUSTOMER'S PREMISES DURING SUCH
FAMILIARIZATION PERIOD. CUSTOMER ALSO AGREES THAT DURING SUCH PERIOD JOHNSON CONTROLS HAS NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY
AUTHORITIES, CUSTOMER, OR A PERSON ON CUSTOMER'S EMERGENCY CONTACT LIST, OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL JOHNSON
| CONTROLS RECEIVES, EVEN IF DUE TO AN ACTUAL EMERGENCY EVENT, 4. Special Equipment Requirements. If Customer requires installation or service of equipment in areas.
inaccessible without the use of lifts or cranes, or if non-standard conditions at the Customer site require special equipment for installation or service, Customer will provide such equipment,
or will reimburse Johnson Controls for any applicable charges or fees. 5. Training Services. Johnson Controls provides initial training to Customer on use of the equipment installed at the
time of installation. Thereafter, Customer may purchase additional training in one-hour increments at Johason Controls" then current rate. 6. Site Preparation, Intrusion and Restoration.
| Unless otherwise noted herein, Customer is respansible for providing: (a) any necessary electric current, (b) an oullet within 10 feet of an alarm control panel, (c) telephone connections, (d)
| hetwork drops, and (e} any required conduit, wiremold, or other raceway, (f] any required IP address assignments, and (g) additional network software jicensing. The installation of the
| equipmenlsystem may necessarily require cutting, bolting or fastening into Customer's floors, wails and/or ceilings. Johnson Controls shall not be responsible for any expenses related to |
intrusion, mold, fungi, bacteria, weV/dry rot, patching, floor or wall finishing, or paint, tile, carpet or wallpaper matching, restoration or replacement resulting from installation or service of the
equipmentsystem. 7, Battery Powered Devices. Customer understands that any battery-powered motion detectors, smoke detectors, door and window contact transmitters and other
detection sensors installed/serviced under this Agreement require batteries to operate. THESE BATTERY-POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM
WILL NOT SOUND, IF THE BATTERY ENERGY LEVEL OR CHARGE IS LOW, OR DEPLETED. It is Customer's sole responsibility lo maintain and replace any batteries. Customer shall
carefully read and follow the owner's manual, instructions and wamings for all such equipment and regularly inspect the sensors for dirt and dust buildup and test the sensors weekly to help
| maintain continued operation. 8. Customer is solely responsible for the establishment, operation, maintenance, access, security and other aspects of its computer network (‘Network’) and |
' shall supply Johnson Controls secure Network access for providing its services. Products networked, connected to the intemet, or otherwise connected to computers or other devices must
be appropriately protected by Customer and/or end user against unauthorized access. Customer is responsible to lake appropriate measures, including performing back-ups, to protect
information, on, including without limit data, software, or files (collectively * Data’) prior to receiving the service or products
17, Closed Circuit Television (CCTV ideo Equipment. Intentionally left blank - no CCTV/Video Equipment has been purchased.
‘8. New York City Fire Fire System. intentionally teft blank. covered system is not installed in NYC
Ip, Electronic Media; Personal Information; Consent to Call, Fext or Email. 1 Electronic Media. Either party may scan, fax, email, image, or otherwise convert this Agreement into an
electronic format of any type or form, now known or developed in the future. Any unaltered or unadulterated copy of this Agreement produced from such an electronic format will be legally
binding upon the parties and equivalent to the original for all purposes, including litigation. Johnson Controls may rely upon Customer's assent to the terms and conditions of this |
| Agreement, if Customer has signed this Agreement or has demonstrated ils intent to be bound whether by electronic signature or otherwise. 2, Personal Information. Customer represents
}and warrants that Customer has obtained all consents and has the right to (a) disclose to Johnson Controis all personal information disclosed hereunder conceming
‘Individuals‘employees/or other third parties including all information contained in Customer's Emergency Cail List (‘ECL"); (b) permit Johnson Controls to collect {including consent to record
telephone conversations with Johnson Controls), use, disclose and transfer such personal information; and (c) expressly authorizes Johnson Controls to use such personal information to |
administer the relationship and the agreement between Customer and Johnson Controls, including, but not limited to, contacting Customer personnel at the telephone numbers and/or email |
addresses provided: (i) using SMS, text, prerecorded messages, or automated calling devices to deliver messages to sel/confirm a service/inslallation appointment; and/or (ii) to provide
| information or offers about products an
