ro) System modifications/customization requested by Customer. lf Customer calls Johnsen Controls for Warranty Service and Johnson Controls’ representative finds that one of the
| “Conditions” has led to the inoperability or apparent inoperability of the Equipment/System 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 a time
and materials basis at Johnson Controls" then applicable rates for labor and materials.
‘4. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, , INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
| MERCHANTABILITY OR FITNESS 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. Johnsen 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 efiminate, treat,
or mitigate the spread transmission, or outbreak of any pathogen, disease, virus 0 or other contagion, including but not limited to COVID 19.
. System Requirements, Miscellaneous. 1. Vaults. Customer must ensure fe that 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 prier 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. !
Famnifiarization 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. {f 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 insiallation. Thereafter, Customer may purchase additional training in one-hour increments at Johnson Controls’ then current rate. 6. Site Preparation, Intrusion and Restoration.
Unless otherwise noted herein, Customer is responsible for providing: (a) any necessary electric current, (b} an outlet within 10 feet of an alarm control panel, (c) telephone connections, (¢}
Network drops, and (e) any required conduit, wiremold, or other raceway, (f) any required IP address assignments, and (g) additional network software licensing. The installation of the
equipment/system may necessarily require cutting, bolting or fastening inte Customer's floors, walls and/or ceilings. Johnsen Control's shall not be responsible for any expenses related to
intrusion, mold, fungi, bacteria, wel/dry rot, patching, floor or wall finishing, or paint, tile, campet or wallpaper matching, restoration or replacement resulting from installation or service of the
| equipmenvsystem. 7. Battery Powered Devices. Customer understands that any battery-powered motion detectors, smoke detectors, door and window contacl bansmitters 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. Itis Customer's sote responsibility to maintain and replace any batteries. Customer shall
carefully read and follow the owner's manual, instructions and wamings for ail such equipment and requiarly inspect the sensors for dirt and dust buildup and test the sensors weekly to help
maintain continued cperation. 8. Customer is solely responsible for the establishment, operation, maintenance, access, security and other aspects of ils compuler network ("Network") and
shall supply Johnson Controls secure Network access for providing its services. Products networked, connected to the intemel, 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 take appropriate measures, including performing back-ups, to protect
information, including without kimi data, software, or files (collectively “Data’) prior to receiving the the service or products.
7. Closed Circuit Television (ccTVWideo Equipment intentionally left blank - no CCTVNideo ideo Equipment has iS been pur purchased. _|
's. New York City Fi ire System, latentonaty left blank. ‘covered system is not installed in NYC
‘DE Electronic Media; Personal Information; Consent to Cail, Text or Email. 1Electronic Media. Either party may s¢ scan, n, fax, ‘email, image, or ‘olherwise convert this Agreement into 2 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 its intent to be bound whether by electronic signature of otherwise. 2. Personal Information. Customer represents
| and warrants that Customer has obtained all consents and has the right to (a} disclose to Johnson Controls at! personal information disclosed hereunder conceming
| individuals/employees/or other third parties including all information contained in Customer's Emergency Call 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 seVconfirm a servicefinstallation appointment: and/or {ii) to provide
