HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA, GEORGIA AND TYCO INTEGRATED SYSTEMS FOR AUGUSTA UTILITIES DEPARTMENT SECURITY, FIRE ALARM, ACCESS & SURVEILLANCE SYSTEMS f ,
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Integrated Security
COMMERCIAL SALES AGREEMENT TOWN NO. CUSTOMER NO. JOB NO. PO NO. ESTIMATE NO.
0292-AUGUSTA,GA 129207472 1-2 NTC70N
DATE:1/31/2017
Tyco Integrated Security LLC('Tyco) Augusts Utiifles
dib/ Hicks Part 8 Pistol Range Road
Chaetae Stevens (' )
3243 Sunset Bid. Customer Mena Information Customer Premises Serviced
West Columbia,SC 29169-3427 1731 Tobacco Road, 1731 Tobacco Road,
Tele.No.(706)830-1214 Augusta,GA 30908 Augusta,GA 30906
Mtn: Alta:.bm Pennington
Tele.No.(706)821-2336 Tek.No.(706)842-3060
This Commercial Sales Agreement Is between Customer and Tyco effective as of the date signed by Customer. By entering into this Agreerment,Tyco and Customer agree to the Tense
and Conditions contained in this Agreement The Equipment and/or Services,collectively the System(s)covered under this Agreement here listed in the attached Schedute(s)of
Protection I Scope of Watt('SOW").
I THE FOLLOWING DOCUMENTS ARE ATTACHED TO THIS AGREEMENT AND ARE INCORPORATED BY REFERENCE:
(a) Hazardous Substance Cheddrst and Customer toter (e) State Specific Forms,if appNcable(e g.,local pewit app )
(b) Scope of Wolk 1 Scfedule(s)d Protection (t) Customer installation Acceptance Form(specific to Equipment/Services purchased)
(c) Terms and Conditions (g) If multiple location,see attached schedule
(d) Addbonal Terms and Conditions
S. CHARGES Atm FEES Customer agrees to pay the Sun of $42,495.90 ringsider;Charge')with $0.00 payable upon acceptance of this Agreement(`loon Charge
Deposit')plus any typical*'Fees'and sales taxes.Tyco may invoice Customer for progress beings based upon Equ rent and%or System components detested or shred,and/or SeMras
performed before completion d the SysteniEquipment iwfaaetion,activation of the System,connection to the CMC.or any other Service(s).Al outstanding lotion Charges and%or Fees ahw be
due and payable upon completion of the instabson of the Equipment/System and as a precondition be activation of System and,if apptcable,connection to Tyco's Central Monterey Center(CMC)
or any other Service(s). Any changes in the STATEMENT OF WORK 1 SCHEDULE OF PROTECTION made by he Customer alter execution of this Agreement must be agreed to by Tyco and the
Customer in writing and may be subject to added*charges and%or fees.Any equipment ordered by Charmer by e-mei or telephone order shed be subject b terms and conditions of the Agreement
and may be subject to shipping,handing.and/or resbdthg fees.For She Service(s)provided as indicated in this Agreement Customer agrees to pay Service Charges in the amount of $
6,658.00 per annum(the'Annual Service Charge),payable in advance Quarterly plus appicabie state and/or local tax(es)kr 5 year(s)(the'initial Term')decide from the date such Service is
operative weer this Agreement Until Customer has paid Tyco the instellabon Charge and Fees in full,Customer grants to Tyco a seamy interest in the Equipment and al proceeds tared to seam
such payment After the India Tema this Agreement shit artomnaficey renew on elan Annual basis unless*waisted by either party upon eaten notice at least thirty(30)days prior to the
anniversary date.Tyco shall have he right to Increase Annuli Service Charge(s)alter one(1)year.For*nrination prior to he end of he Mal Term,Customer agrees to pay,in addition to any
outstanding Fees and charges lex Sevics(s)rendered prior to tem enation, 90%of he Annual Service Chage(s)remaining to be pelt for the umpired tam of the Agreement as liquidated
damages but not as a penalty. Addfiaely,Customer agrees to pay any assessments,taxes,fees or c hages imposed by any garemvnental body,telephone,cone nunicetion.or signal transmission
company such as false alarm,pemndding or co necion fees,or administrate/rises or service charges assessed by Tyco related to AHJ requiremads and/or charges to amicable laws,he need to
reprogram alarm controls/devices to comply with area code,signal transmission,numbering or other changes rotating to the installed Equipment anent Service(s)provided under this Agreement
Tees).
M. ENTIRE AUNT;CUSTOMER ACCEPTANCE: This Agreement,together with all of its wagon Amendments,Rides,Scope of Work and/or Exhale*.constitutes the entre agreement
between the Customer and Tyco relating to to subject matte hereof and supersedes any prior or cceamporaneous oral or written agreeine*b and u demstandkgs.The terms and conditions of this
Agreement all prevail over any contesting,inconsistent or additional terms ardor conditions contained in any purchase order,agreement,or other document issued by Customer.In signing this
Agreement Customer is not relying on any advice,advertisements,or oral representative of Tyco and agrees to be bound to he terms and conditions contained in all the pages of he Agreement
Customer agrees that any mepresetation,pronrse,condition,inducement mwemt or warranty,express or lidded,not included in his Agreement aro not be binding upon Tyco,and that the teens and
conditions in this Agreement apply as printed without alteration or q lien,except as spay mudded bye written agreement signed by Tyco and Customer.Any changes in he S**met of
Werk or scope of he wok requested by the Customer after the execution of the Agreement may result in additional cost to the Customer and any such cinergesladdibons must be authorized in a
writing signed by both the Customer and Tyco. Customer's leen be accept and sign this Agreement within ninety(90)days of the dale shown above may result in price ihaeases.Customer
acknowledges that(a)Tyco has explained the fel range of protection,equipment,and services aralable to Customs;(b)additional protection over and above that provided herein is available and
may be obtained from Tyco at an additional cost to he Cosigner;(c)Customer desires and has contracted for only he Equipment amdfar Servioe(s)itemized in this Agreement(d)the
Equpme tfSsr*e(s)specified in this Agreement are fa Customer's can use ad not for Se benefit of any hid party(e)Customer awe he premises in Mach he Equipment is being installed or
has the authority to engage Tyco to carry out the installation in the premises;and(f)Customer we comply with all laws,Codes and regulations pertaining to the use d he Equipment/services).
ATTENTION IS DIRECTED TO THE WARRANTY,LIMIT OF LIABLITY AND OTHER CONDITIONS CONTAINED IN THE SECTIONS ENTITLED'TERMS AND CONDITIONS" AND
'ADDITIONAL TERMS AND CONDITIONS'. TINS AGREEMENT REQUIRES FINAL APPROVAL OF A TYCO AUTHORIZED MANAGER BEFORE ANY EQUIPMENT/SERVICES MAY BE
PROVIDED.F APPROVAL IS DEIED,THIS AGREEMENT WILL BE TERMINATED ARM TYCO'S ONLY OBLIGATION TO CUSTOMER WILL BE TO NOTIFY CUSTOMER OF SUCH
TERMINATION AND REFUND ANY AMOUNTS PAID IN ADVANCE
F MAINTENANCE SERVICE IS DECLINED,CUSTOMER MUST MAL IF A 5-DAY FAMILIARIZATION IS�REEQQUUESST D,, CUSTOM MUST INITIAL
HERE _ HERE TYCO I TEGRATED SECURITY LLC CUSTOMER: 10707 '' 1(J 4! 71 iU
Presented by: Air , e ...
/ �►��i A By: / ti
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(Signature of Tyco Sales Repr se tative) o(r (Signature of Authorized�Representative)
sake Agent f. •
�-�' �t.� w o4 , e \I f (/
Saks Represents*.Registration Number of appthebiek i Am,,�a �h+ A ,p • rinted)i
t is' a. ' .R ,c s y Q
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• e-Form 8880UE01(09/2015) r• 41 71,:f
'''p. '7 Pape 1 of 8
. iL //,J.e....iff i.�' J ,:e;I- , r/ / r e.2015 Tyco.All Rights Reserved
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tgco
Integrated Security
COMMERCIAL.SALES AGREEMENT TOWN NO. CUSTOMER NO. JOB NO. PO NO. ESTIMATE NO.
0292-AUGUSTA.GA 129207472 1-2WTC7QN
SCOPE OF WORK I SCHEDULE OF PROTECTION
IV. SCOPE OF WORK/SCHEDULE OF PROTECTION eSOWry:Tyco agrees to instal or cause to be installed the Equipment and Amish the Senice(s).collectively,the System,on the terms
and condiions set out in this Agreement
A. Ownership of System andlor Equipment Dieu Sale(equiprners to become property of the Customer upon payment of Installation Charges and Fees in tt.
B. Services to be Provided("services•)
Alarm monitoring and Notification Services: No Service Selected
Vicaro Swveiance Services: No Service Selected
Managed Access Equipment Closed
Services: No Service Selected
Video Cbad Circe*Television PROVIDED
y Service K IMaintanarhce;Preventive Maintanancery spedWn: klabitenence Quality Service Plan and I Video Mspection PROVIDED
Additional Services: No Service Selected
C. Equipment to be Waled('Equlpmenr): Tyco wi instal,or cause to be installed,the Equipment(or equivalent),es set forth in this SOW in Customer's designated fac ity(ies). As used
herein•'Installation'means:(I)affixing all Equipment and materiels provided by Tyco at such locations*Min the facityfihes)as are designated by Customer;(I)providing and pulling
cables✓wires required to comet t the Equipment to Customer's Communications Facilities and making such comectlons;(li),in the case of a Digital Communicator installation,mount
Equipment and plug into RJ31X phone jack previously installed by Customer,(w)to the case of radio i sfalatm,mount radio Equipment and program Equipment with number furnished by
Customer(v)p►ovidng and instating ire required by tie Equipment(vi)palomino testing as required to establish that the Tyco Equipment fs bonfil hued,s hunaon g
according to is spea*cators.and is comnunicaing over Customers Communications Fealties;and(vel provking user-level Veining to Customers designated representative in the use of
such Equipment
Qty Product Name
Location
72!Regular Labor
8.ILLUSTRA PRO 2MP PTZ,30X,OUTDOOR,NON-VANDAL,CLEAR,WHITE,TDN,TWDR •
Wal,For Ultra 8 Optima Outdoor Dome,11 inches
8 •SINGLE POSITION OUTDOOR POWER SUPPLY TRANSFORMER •
•
. i
6 POLE STRAP ADAPTER
250 1814c,SOL,Unshielded,CM/FPLR Non-Plenum Rees,White,500'Box
250•CAT 5e 2414pr,SOL,Unshielded,CMP/MPP,Plenum,Whie,500'Box
1 `Relocate PTZ from side wall to center of room
i
1 :Remove old PTZ,powersupptes •
1 nn cazble to Receptionist desk for work salon Customer to Supply computer •
4 or 8 POE over COAX
4 4 MORT MEDIA CONVERTER
16.AD Quick on RJ45 cooiator
1 'install Training
1 30'boom exterior fit,deflvey trips to canto)buidirg and Pistol Range Rd
1 •,9 PORT Managed ssritlh erten 2 F/0 minks
D. Scope of Work:This Section is intended for kstalabon use only.Any arguage contained in this Section that attempts to d fy the Terms and Conditions of this Agreement sisal be void and
of no effect. mo ✓n, '
Contact Information:Jim Pennington cell
System Operation:Replace al PTZ Cameras v Pcamerasll> in9 au9usa9a.com G G a
rograming Info:T1S Tech
SSke Conditions:existing A /` l ehf
4i1
Existing Equipment:remove existing cameras and power supplies. 1t//�//�!
Customer Expectations:8-5 Mon-Fri
r u
Training Expectations:TIS Tech
Genre Comments:Install American Dynamics 30X zoom PTZ cameras at front gale,and curve rear of biding. instal converters for COAX to P. Relocate indoor PT2 at tank farm b center, run
new GIT 5 from the 2 indoor cameras to NVR. Run a cable ton MIR to Remelt/Oafs desk first floor for work station.CUSTOMER TO PROVIDE COMPUTER AND MONITOR, Augusta UlSties
to nn new fiber optics from outdoor thigh Service")to NVR instal 3 new 30X PTZ cameras at location on Pistol Range Road, use fiber optics converters to send data to control room(liter optics
e-Form 88801.E01(09/2015)
Page 2 of 8
C 2015 Tyco AN Reghta Reserved
existing). TIS will provide a boom It All existing power sitpies to be replaced.Train operations personnel
Customer Reapor !Tyco Exclusions:
Documentaian Needs:released b Customer
Contract Notes•
e-Form 891300E01(09/2015)
Page 3 of 8
®2015 Tyco.Ax Rights Reserved
TERMS AND CONDITIONS
TERMS AND CONDITIONS
V.Customer and Tyco agree as Micas:
A,Services.
A.1.Central Station Signal Receiving and Nofication(Alarm Monitoring)Services.k wibona ty left blank-Services have not been purchased.
A.2.Cumrntnication Fealties, nlerntionaly left blanc-Alarm MafMairg Services have not been purchased.
A.3. Maintenance Service/Quality Service Plan(-OSP"). 1. if OSP is purchased,Tyco wit provide and bear the expense ofmaintenance/repair dew covered Equipment for issues related
to normal wear and tear.The blowing we not covered wader OSP and any requested OSP Service wet be provided on a time and materials basis:(a)window fol.(b)security screens,(c)
product instated contrary to OEM specifications,(d)exlesior wiring,(e)prograrrnlrg charges,(f)sohware updates/upgrades,unless Software Support Services are purchased,(g)
consumables such as batteries and prier stipples,and(h)'Condition'not covered by Warranty shown below. Customer shall pay for any related labor and/or materials for such work at
Tyco's then applicable rates.Additional charges may apply for OSP Service regaling the use of a IR Tyco's o Agation to perform OSP Service relates solely to the covered Equipment 2.
OSP is not purchased prior to the expiration of the EquVmsnt Warranty,Tyco will provide such OSP Service only after inspecting the Equipment to be covered and malting any necessary
repairs or replacements to bring the Equipment/System into compliance with Tyco's specifications and/or the standards set by applicable law. 3.OSP Service will be furnished during
Tyco's'Normal Working Horns'(between 8A0 A.M.and 4:30 P.M.Monday through Friday,except holidays). OSP Service performed outside dense hours is subject to additional
charges. Provision of OSP Service Is conditioned upon the continued arability of system components/parts from the original equipment nansdhcWaer MEM).
A. . Teslinglhupectoris Service("Tn. If TA Service is purchased,Tyco wt provide the number of impactions/tests on the covered Equipment as specified in this Agreement Such T/l
Services wit be furnished during Tyco's"Normal Worlds Hours(between 81)0 A.M.and 4:30 P.M.Monday through Friday,except holidays).Til Service perforn ed outside of these hours
is subject to additional charges.
A.5.kwestgalor Response Service. Merlon*left Marco-Services have not been purchased.
A.6 Select View Managed Video Ser*esMlracive Video Manibdng Services.Intentionally left blank-Services have not been purchased.
k6.1 VideoAudio Alarm Verification Se iceNideo Verification.Intentionally left blare(-Services have not been purchased.
A. .2.Video Guard Tour.Mention*left blank-Services have not been purchased.
A.6.3.Vdeo Escort tderiona*y left blank-Services have not been purchased.
A.6.4.Video Assist.Intentionally left blank-Services have not been purchased.
A.8.5.Vdeo Audit
Intentionally left blanc-Services have not been purchased.
A.6.6.OuAdoor Interactive Video Monitoring Services.!Mention*left blank-Services have not been pumchassd.
A.6.7.Managed Video Portal.
Intentionally telt blank-Services have not been purchased.
A.6.8.Unaltended
Delvay-Alam Based Video Monitoring. Mardian*left blade-Services have not been purchased.
A.6.9.Unattendedhave
Delivery-Live Video MorhiBorktg of Process-
kdarhtionaMyl�ft blank-Services hret been purchased.
A.7.Managed Access Control Services.
_.
Interiately left blank-Services have not been purchased.
A.B.DataSource Service.kitenionaly left blank-Services have not been purchased.
A.9.VisionMsion with Auditing.Inteneahaty left blank-Service is no longer offered
A.10.Hosted Access.Intentionally left blank-Services have not been purchased.
A.11.Data Hosting/Storage Services.In entioraly left Mance-Services have not been purchased.
A.12. Mobile Security Management(MSM)Services.
Intentionally left brant-Services have not been purchased.
k13. Software Support Services, If Software Support Services(SSS')are purchased they writ be provided on licensed software hies expressly identified n his agreement(the'Covered
Software').Support Conditions.SSS for Covered Sofhvare we subject to the following conditions('Support Conditions'):(a)Tyco's receipt of the Software Support Fee;(b)the Covered
Software is not modified from its standard fain orignaly licensed by the software aur entice sor(torso');(c)Customers's use of Covered Software is in accordance with the end user
license agreement(EULA")between Customer and Licensor;if applicable;(d)Customer provides Tyco(and/or tb authorized representatives)with and when necessary(1)any inform/don
and/or documentation required to recreate the problem,defect or non-conformity(ndM4dulalylcolectvely,a'Problem",(2)log In privileges for remote table shooting,(3)TCPAP Ethernet
network addresses,and(4)access to Customers network,servers and/or hardware;and(e)the processor,operating system and associated system software,and other interdependent or
reliant software are operating properly.Exd stirs.Tyco col not provide SSS when a Problem is caused by(a)relocation,movement'I proper operation,neglect or misuse of the Covered
Software or assodafed Equipment/System;(b)Customers failure to maintain proper site or environmental conditions;(c)any albarpis at configuration.repaas,support,or ramifications to
the Covered Software not perfomsd by a Tyco authorized representative;(d)discontinued systems or software;(e)casualty,act of God,the unauthorized acts of bird partes;(f)failure or
kiterrupion of electric l power,telephone or communication line or like cause,or(Many other cause edema,to the Covered Software.Problem Resolution.Tyco ad provide Customer with
email and telephone support on the Covered Software.Tyco lien win use reasonable commercial efforts to resolve and correct the Problem within forty-eight(48)hours.Problem resolution
and correction may be provided at Tyco's discretion as a software lix or workaround.Tyco col pylorcaly advise Customer on Tyco's progress in diagnosing and/or corrected the reported
Problem. Customer aimowledges that Tyco may be unable to resolve Problem due to(a)Tyco's bobby to recreate,locate or identify the Problem;(b)issues related to Customer's
system hardware,network or Internet connectivity issues;or(3)issues for which the Original Equipment Manulaciaer('MEM)aid/or Licensor(a tecivdy,also referred to as an'Tyco
Supplier)has not provided a resolutlon or workaround.If Tyco is unable to resolve or correct a Problem,Tyco will notify Customer and provide underlying information as available.
Notwithstanding anything to the contrary herein,Tyco makes no warranties that is efforts writ be successful in diagnosing,resolving,or correcting any Problem.Software Updates.
Customer understands that the SSS provides access to updates and upgrades but do not include the provision of software update or upgrade services unless purchased.If software
upgrades are required to coned a Problem,such software upgrades col be provided,at Cusbnier's request on a lime and Medals basis at Tyco's then-current hourly rates as such '
upgrades become available from the Tyco Supplier.On Site Engineer Support Services.If Tyco determines that on-site engineer support services(ESS')are necessary to correct a
Problem,Tyco will provide ESS on a ens and materiels basis at Tyco's then current ESS rates pas any related Waver or other expenses.Such ESS may include on-site software imitation
assistance,training,or Problem diagnosis,resolution,and%or correction.Return of Detective Meds.Customer nay return any defective media directly to Tyco using a Tyco furnished rebut
authorizationum number.Fee for Customer may incur reinstatement charges rent Fee')at Tyco's then current rates,If a allows SSS to lapse and later requests
reinstatement within one year tom the time the SSS lapses.Li talon of Liability.Notwithstanding anything in the Agreement to the contrary,Customer acknowledges and agrees that
neither Tyco nor Is Suppler wt be responsible for Problems caused by changes in the operating characteristics of the Equipment/System upon Mich the Covered Software is operating,or
for problems in the interaction of the Covered Software with Customer's Network or existing softwarefirrnwarehardware. In no event all Tyco and/or Tyco Supplier be fable for any(a)
third party claims;(b)loss or damage to any systems,records or date,or lablies related to a violation of an i n ividuats privacy rights;or(c)indirect,Incidental,special,consequential,
punitive,reliance,or cover damages(including lost proftb and lost savings).Customer further agrees that,in no event eh Tyco's ard/a Tyco Suppliers aggregate tartly regardess of
cause(including,but not limited to,Vilify for negligence,strut lability.breach of contract,misrepresentation and other contract or tort dairy)arising from the provision of or failure to
provide SSS and%or Customer's use dor inability to use arty Covered Software or related System,exceed the lesser of USD$1,000 or the total SSS Fees paid by Customer.
A.14. Lynx Network Duress and Emergency Notification System(Lynx System'). i>bnionaly left blank-Lynx System/Services have not been purchased.
e-Form 8880U501(082015) Page 4 of 8
C 2015 Tyco All Rights Reserved
•
A.15.RFID Tracking System "). tdritionally left b —RFID System have not been purchased.
A.16.Additional Services.N any other services,including but not Imled to to following,are being Wished under tis Agreement Customer and Tyco ail order int a separate Rider tat
wi be attached to and incorporated as pat d ids Agreement(a)Select Lid-Immediate ediate Response Information System(IRIS)(b)Me aged Access Cored(c)Bectraic Article
Surveillance(TEAS)(d)Guard Response Service(e)Radio Frequency IdenN,cetion('READ)(f)Trained Services(g)Wat tvnan's Reporting Service.
B.Warranty(90-Day). 1. I1he ransecbon type el.-tired saw.em pert of tie System(as torn*Anguished the e F"romm/Sofoare)installed ander tis Ament inducing theairing,g,
which proves to be defective in material or workmanship within ninety(90)days of tie dote of completion of to installation('Warranty Period),vri be repaired or rep aced,at n Tyco's
option with a new or functionally operative part.Materials required to repair or replace such defective components at be furnished at no charge drew the Warranty Period.Warranty
Services at be furnished during Tyco's'Normal Worked Hous'(between BOO A.M.and 4:30 P.M.Monday through Friday,except halidays).War+anb'Service Podormed outside of these
hours is subject to additional charges.2.For'Tyco-Owned efuipmenlisystems:(a)the equipment/systems are provided'AS IS and wa'taut warrant:and(b)Customer is responsible to
maintain such equipment/system n good wakig oder.
3 The folkway'Conditions'are not covered by Warranty:(a)damage a arta service Irene needed resoling from accidents,ads d God,Whining,strives.rids,floods,terrorism,ads d
War,oeralon,mistse,tampering or abuse,adjustments,repair or makte ume not performed by Tyco,or from parts,equipment,aoomsorte:,attachments or other devices not finished
by Tyco:(b)Customers allure to properly blow monad Inductions provided by Tyco or OEM(c)a4rmneis necessitated by nmrsaligmemi of video cameras,improper adjustment of
monitor brightness and contrast lurid dab a insufficient IgM on tie area viewed by tie camera(s);(d)Voruble due to interruption d Yiernet telecormuicalicts,angor electrical service:
(e)bedery talus:(n devices designed to fat in protecting the eq ipnentlsystern,such as,but riot kreled to.fuses and&cue breakers:and(9)System mcdtcabonfficusionizabon
of
requested by Customer.I Customer cols Tyco for Warranty Service and Tyco's representative Inds that one of the'Condlbrs'has led to the inaperabity or apparent inoperability
the
Equipme USystan a any component,Tyco may bi Customer for the service cat whether or not Tyco acinely works on the Equipment/System. I repairs are requked due to one of the
above'Condlborw,Tyco wi charge Customer for such work on a tree and materials basis at Tyco's then appicable rates for labor and materisLe,
4.THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR RUED,INCLUDING BUT NOT LMTED TO,ANY&FLED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TIE CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES
RESULTING FROM ANY CAUSE WHATSOEVER.NCU1DIIG TYCO'S IEGUGENCE,IS REPAIR OR REPLACEMENT AS SPECIFIED ABOVE.TYCO WLL IN NO EVENT BE LIABLE
FOR ANY CONSEQUENTIAL OR IICIDENTAL DAMAGES OF ANY NATURE,INCLUDING WITHOUT LI ITATION,DAMAGES FOR PERSONAL INJURY OR DAMAGES TO
PROPERTY,HOWEVER OCCASIONED.WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY OR CONTRACT BY TYCO OR NEGLIGENCE OF TYCO OR
OTHERWISE.
C. System Requirements,kiisaelaneas. 1. Veldts.Customer oust ersue that any Customer vault protected by wand or vibration detector systems has the minimum construction
characteristics prescribed by the Underwriter'Laboratories,Inc.2. System Testing.Customer must test al detection devices or other electronic equipment according to procedures
prescribed by Tyco prior to settng the alarm system for dosed periods and must notify Tyco prompty t sudor equipment fats to respond to any such test3.Faeiaimtion Period.
UNLESS CUSTOMER HAS REJECTED THE FAMILIARIZATION PERIOD(EXCEPT MERE 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 TYCO'S CMC(AND DURING ANY APPLICABLE EXTENSIONS),TYCO HAS NO OBLIGATION TO,AND WLL NOT,RESPOND TO ANY
ALARM SIGNAL RECEIVED AT THE TYCO CMC FROM CUSTOMER'S PREMISES DURING SUCH FAMIIARIZATiON PERIOD.CUSTOMER ALSO AGREES THAT DURING SUCH
PERIOD TYCO HAS NO OBLIGATION TO,AND WILL NOT,NOTIFY ANY AUTHORITIES,CUSTOMER,ORA PERSON ON CUSTOMER'S EMERGENCY CONTACT UST,OR TAKE
ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL TYCO RECEIVES,EVEN F DUE TO AN ACTUAL EMERGENCY EVENT.4. Spacial Equipment Requirements. V
Customer requires Istalation or service of equipment in areas Ihaccessble without the use of Ws or canes,or if non-standard conditions at tie Customise site require spedal equipment
for Insulation or service,Customer at provide such equipment,or wel reimburse Tyco for any applicable charges or fees. 5. Training Services.Tyco provides Mal tainting to Customer
on use of the equipment installed at the time of installation.Thereafter,Customer may purchase edulbonal kilning in one-hour increments at Tyco's then current rale. 6. Sole Preparation,
Intrusion and Restoration. Unless otherwise noted herein,Customer Is responsible for providing. (a)any necessary electric current.(b)an octet whin 10 feet den alarm control panel.(c)
telephone connectors,(d)network drops,and(e)any required cordal,wdrernold,or other raceway,(I)any requked P address assignments,and(9)additional network software homing.
The installation of the equpne tlsystem may necesswaly re4ke Wig,boding or fastening kW Customer's Coors,walls and/or caws.Tyco shall not be responsible for any menses
related to imbusfon,mold,Magi,bacteria,wetidry rot,paining,boor or wal dishing,a pant Oa,carpet or watpaper meeting,restoration or replacement resulting torn istleton or
service of the oddment/system.7. Battery Powered Devices.Customer understands that any battery-powered motion defectors,smoke detectors,door and window contact Varumlters
and other detection sensors iwider this Agreement require batteries to operate.THESE BATTERY-POWERED DETECTION SENSORS WIl NOT OPERATE,AND THE
ALARM WILL NOT SOUND,IF THE BA I I tHY ENERGY LEVEL OR CHARGE IS LOW,OR DEPLETED. It is Customer's sole responsbily to maintain and replace any batteries.
Customer stuff carefully read and follow the owner's manual,instructions and warnings for al such equipment and remedy inspect the sensors for dirt and dust buildup and test tie
sensors weekly to help marten hued opordon.
7.Closed Circuit Television rccw)Mideo Equipment.(a)System Requiernerts.Customer well provide:n adequate Rumination under al operational conditions for the proper operation of
any video camera(s):(ti)any required 110 AC power supply;and(i)appropriate space for monitors.(b)Audio Morstor glReoadng.Customers decision to install video equipment with
audio recording ad/or monitoring apace(Video with Audio')is based solely on Customer's own Independent business judgment,without any Involvement or approval of Tyco.Certain
•
taws may Emit or preclude the use of Video with Audio.By instead Video with Audio In Customer's premises,Customer accepts to resp rai>Ib of knowing end fitly complying with all
applicable laws,including but not Imbed to all requirements that clear and conspicuous mice be posted in Customer's premises warning of Customer's use of audio recording andler
monitoring equipment on its premises.
8.New York City Fire System. Intentionally left blank.—covered system is not installed in NYC
D.Electronic Media;Personal information;Consent to Cal,Text or Emet.1.Bectorlc Mad.Either party may scan,fax,enol,image.or otherwise covert Ws Agreement into an
electronic format of any type or form,now known or developed in the kdae.Any unaltered or unadulterated copy of this Agreement produced from much an elecroric format wi be legally
biding upon the partes and equivalent ivalent to the original for to purposes,including Medico.Tyco may rely upon Custoners assent to the terns and condemn of this Agreement I Customer
has signed this Agreement or has demonstrated its kdet to be bound whether by electronic signature or otherwise.2.Personal kdometicn.Customer represent and warrants thet
Customer has a tared all consents and has the right to(a)diadose to Tyco all personal information disclosed hereunder concaving indddrialffiendloyeestr ether tend panes nduing
all information contained in Customers Emergency Cal List(ECL'):(b)permit Tyco to cooed(mduali g consent to record Nephew conversations wit Tyco),use,disclose and transfer
such personal intonation;and(c)expressly authorizes Tyco to use sudi personal information to administer the relationship and the agreement between Customer and Tyco,including,but
not limited to,con actkd Customer personnel at the telephone numbers and/or smut addresses provided:(I)using SMS,text,prerecorded messages,Or automated caging devices te
deliver messages to setkanlrm a service/Installation appdntrent anchor(i)to provide information or fifers about products and services of Interest lo Customer.Customer acknowledges
and agrees that Tyco may share al such information wit its parents,subsidiaries,alilbbs and Isibeir successor corporations or any subcontractor or assignee.within and outside the
county in Mich the Customer is located and thereby subject such Information to the laws of such countries.
E limon of Liability,Indertnicabon(Sale d AccessA deo famed and installation Onty).Notwithstanding anything to the contrary in this Agreement or any purchasing document
presented by Customer.only Video and%or Access Equipment and Services shall be provided by Tyco under the tams and conditions of this Agreement The Equipment and Services
provided by Tyco under tis Agreement we not include:(a)burglar and%or Na detection or alarm equipment or monlang,maintenance,inspection a other services:(b)security guard
services:or(c)ardthectuat engineering,or design professional services.I any other equipment or services are requested by or provided to Customer,then such equipment.and/or
services that be provided under a separate written agreement executed by Customer and Tyco which shall contain the alarm industry speclic terms and conditions found on
wwww.tyoas.comistandardtandc.
t.kderrnly.(a)Tyco shall defend.Indere*and hold Customer,Vs corporate affiliates,and Meir respective officers,directors,agents and employees hamiess from damage,1atity and
expense resulting iron,the negligent els or wWul misconduct of Tyco's agents and employees corndMed where performing Services on Customer's premises,to the extort tea they we to
direct cause of the loss,damage or injury to third parties or Customer's property(e.g.,equipment dislodging and stilling a third party due to improper installation),as opposed to being
caused by en occurrence or the consequences therefrom that the Equipment or Services were intended to deter,detector avert.(b)Customer sinal defend,indemnify and hold Tyco,its
Oates,and their respective caters,directors,agents and employees,hornless from damage,lability end expense to the extent that any such kiss is not daecty caused by the negligent
acts or wind misconduct of Tyco's agents actor employees,or arises out of arty claim related to invasion of privacy,infliction d emotional distress,harassment Waren of
eavesdrappnywiretappirg lam or simian dims arising out of Customer's use of Me Equipment and/or Services.
a-Form 8880UE01(0912015) Page 5 of
0 2015 Tyco AS Rights Reserved
2.Limitations on liability.If Customer uses the Equipment andlor Saviors to aid in monitoring or controlling the location or adobes of persons on or about its property and prances,
Customer adcnowiedges that the Equipment andlor Services are not intended to be the sole means for doing so.Tyco's Equipment and Services do not cause and cannot efn*sate
ocaarennces d the events they we mended to deter.detect avert or record.Tyco is not an insurer Cl the safety or security of any person,entity or propety,or against the risks attendant to i
a person's presence in,or ingress to or egress from any building,property or area that may be moneored by the Equipment andlor Services.The anamis Tyco charges Customer we not
Insurance prenrums. Such charges we based upon the value of the Equipment and Services provided and we untwisted bay such risk of loss.Tyco does not undertake and assumes
no kabily for sudi risk by providing the Equipment akoor Services.If Tyco is nevertheless found table under any legal theory for loss,damage or injury cased directly or ndrecty by
occurrences or the consequences therefrom which the Equipment adlo Services are intended to deter,detect avert or record,Tyco's lability shall be invited to the saes paid by
Customer for the Equipment or Services at issue as Customer's sole remedy.Tyco is not responsible kr the preservation of any computer programs or data and Customer is respons:le
for marooning adequate beds ups.
F.Other Charges;Remedies;Temhinaion.1.There may be a service drags to Customer for canceled instatitionftervice appointments if Customer cancels less than 24-hours prior to
dispel h,or if Tyco's representative is sent to the Customer's premises n response to a service cal for false storm or System matuiedon caused by Customer's opeaion contrary to
nstrucbors,failure to dose or properly secure a window,door or other protected point,or improper adl>ratmet of monitors or accessory components.2.Fature to pay snouts when due
shell give Tyco,in addition to any other available remedies,the right b laminate this Agreement and to charge interest at the Flattest legal tate on delnqudd amounts.Customer agrees to
pay al costs,expenses and fees of Tyco's a foramet d tis Agreement,ndirdahg coledion expenses,court costs,and attorneys'fees.Installation Charge(s)we based on Typo
performing the installation with Is own persarmel.lifer ay reason installation must be per ormed by outride cantactons,nstallatan Charge(s)may be subject to revision.3.n araban to
any other remedies avafabie to Tyco,Tyco may laminate els Agreement and dscontinue any Services)if(a)Tyco's CMC is substantially damaged by foe or catastrophe ort Tyco Is
unable to obtain ay connections or prwtepes required to kenny signals between the Customer's premises,Tyco's CMC or the Municipal Fre or Police Department or other that
responder;(b)Customer fab to blow Tyco's reoamhendelons for the repair or replacement of defective pals of the System not covered under the Warranty or QSP Service;(c)
Customer's talus to blow the oparsing insiuctias provided by Tyco results in an undue number of false alarms or System malfunction;(d)in Tyco's sole option,the premises in which
the System is instated are unsafe,usukable,or so mudded or altered after installation as to render continuabon of Senvice(s)irtpracical or knpoaeble;(e)Tyco is unable to Baan or
continue to support tedxhobgies,TeieCan Services,Communication Faces,Equipmerd or component parts thereof that are discontinued,become obsolete or are otherwise not
commercially available:or(f)Customer falls to make payments when due or otherwise breathes tile Agreement Tyco ail not be table for any damages or subject to any pna y as a
resuk of any such temimabon.
G.Hazardous Materials. For at projects except those Involving new construction,asthma represents and warrants that to the best of Customer's knowledge the work see is free of any
hazardous materials.The term hazardous materials'includes but is not be teased to asbestos,asbesoosconteining material,poyddorinated biphenyl CPC13'1,formaldehyde or other
potenialy toxic or otherwise hazardous materiel.If shy such substance is discovered on the work site,Tyco ell not be required to knell or service lie Equipment at sudn site unless and
until Customer certifies the removal or safe corwin e t of such hazardous materials.Customer shat indemnify,defend,and hold Tyroo,es oboes,drectas,agents,and vendors harmless
from any damages,claims,injuries,tabid es resuming from the exposure of Tyco's employees,contractors,or subcontractors to hazardous materials at the work site;provided,however,
that the foregoing provision vai not apply when It has been determined that such hazardous materials were brought to the work site by Tyco.
H.Waivers.1.Wk er of Jury Trial.CUSTOMER AND TYCO BOTH AGREE TO WANE THEIR RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR N ANY
MANNER CONNECTED WITH OR RELATED TO THIS AGREEMENT.2.Mubal SAFETY Act Waiver.Certain of Tyco's systems and services have received Certification andlor
Designation as Quaffed Anti-Terrorism Tedmologies CQATT')under tie Support Mt-terrorism by Fostering Effective Technologies AN of 2002.6 U.S.C.S§441-444(the`SAFETY Act")
As required under 6 CFR 25.5(e),to the maximum extent permitted by law.Tyco and Customer hereby agree to waive their right to make any darns against the other for any kisses,
iududing business nten ption losses,sustained by either party or their respecive employees,resulting from an ersivily resuang torn an'Act of Terrorism as defined in 6 C.F.R.25.2,
when QATT have been deployed n defense against response b,or recovery from such Act of Terrorism.
I.Miscellaneous.1.Enforceabifty.If any of Its provisions of this Agreement shall be determined to be Ewald or unenforceable,the remanirg provisions shall remain in tut force and effect.
2.Paragraph and Se diah Headings;Captions;Counterparts.The headings and captions contained in this Agreement are inserted for convenience or reference oily.and are not b be
deemed part of or to be used in construing this Agreement This Agreement may be mewled in any number of counterparts,each of with shall be deemed to ben original,but al such
separate counterparts shah together constitute but one and the same agreement 3.FARB.Tyco supplies'commercial items'vain the meaning of the Federal Acquisition Regulation
(FAR),48 CFR Parts 1-53.As to any customer order fora U.S.government contractor funded direcly or indirectly with Federal fids,Tyco ail comply only with the blowing mandatory
low-downs for commercial Bern subcontreds patenting to Utilization of Smh Business Concerns,Equal Opportunity,Alhmaive Action,and Veterans Employment 52219-8:52222-26:
52.222-35;52222-36:and 52.222-37.4.Export Control Customer that not export or re-export directly or ndrectly,any.(I)product or service provided under this Agreement( technical
data;(ii)software;(Iv)information;or(v)kerns acquired under Vis Agreement to army country for which the United States Government(or any agency thereof)requires an export license or
other approval without first obtaining any licenses,c raserds or perms that may be required under the amicable laws of the U.S.or other foreign jurisdictions,ndudkmg the Export
Administration Act and Regulaias and shoe incorporate in at sport supping documents the applcable destination omni statem rds.Customer shal,at Is own expanse,defend,
indemnify and save Tyco harmless from and against al third party dans,lability,loss or damage(mdudng attorneys'fees and other defense costs),assessed against or suffered by Tyco
as a result of an allegation or claim of nonmmplance by Customer Mtn this Section. The oblgabons contained'n this Section shall survive lie termination or expiration of this Agreement
5.knsurance.Tyco maintains comprehensive General Liebiy and Automobile Liability Insurance in amounts riot meet or exceed:$1,000,000 per incident-$2,000,000 in the aggregate
and Worker's Compensation coverage es mound by law.Tyco wN not be required to provide a waiver of subrogeion in favor of any party,nor ell Tyco be required ed to designate any party
as a statutory employer for any purposes.6.Tyco Brand.Mahout exception,Tyco-braided Signage,nducti%yard signs,window slickers and warning sg ser remain lie properly of
Tyco and may be removed by Tyco at any ins. Customer's right to display Tyco-branded Sgnape is not transtaabte and ceases upon tem halon or expiration of this Agreement.
7.Resale.if Tyco is connecting to a previousy instated existing system,to tie extent the previously installed existing system is Customer's prepay,it shall remain Customer's property.
J.System Software;Network Comectiors.1.My software provided web the System or in con nedion with the Services is proprietary to Tyco andlor Tyco's suppiler(s)and is licensed or
subtcensed to Customer on a non-exclusive basis.Customer may not(a)disclose tie Software or source code to arty dud pates,(b)duplicate,reproduce,or copy ail or any part of the
Software,or(c)use the Software on equipment other than with the designated System with which it was furnished.A separate Software License Agreement or End User license
Agreement between Tyco and Customer andlor the sobrae phbfsher may be nequkad to use the software and/or obtain updaleshpgrades.If the installed Equipment is to be connected to
Customers cornputa network CNetworn.Tyco wN furnish arid natal the software needed to run the Equipment nt ad ell connect the Equipment to the Network according to the Network
settings suppled by Customer. Installation that not include modhicaiors to the Network,security,o newel settings. Customer wi supply a TCP1IP Ethernet network address and central
processing unit per Tyco spedacettons for access coned system operation.Tyco shat not be responsible for the setup,operation,or maintenance of the Network or Network performance
or c rr de: y issues. Typo may assess eddfito nal duress,if Tyco is unable to connect to the Nernst or t any addibonai Equipment is required to facade corwmxkviq'between the
Network and tie Equipment 2.Open Source Software.Tyco represents and warrants to the end user of the System that,b the cedant the System includes any Open Source Solders.the
internal use and operation of the System by the end user el not create any obligation on the part of the end user under the lams of any Open Source License(I)to make any source code
or abject code available to third pates,or(rd)to license,dtadose or otherwise make evatade to third pales any proprietary software,data or other intimation,or any associated
intellectual properly.As used herein,the term"Open Source Software'mens any software,program,module,code,bray,database,drive or similar component(or portion thereon that is
royalty free,proprietary software,the use of which requires any contractual obligations by the user such as.without Imitation,that software that is subject to,distrtuted,trasnitted,
licensed or otherwise made available under any of the following licenses:GNU General Pubic License,GNU Lbray or Messer"Pubic License.Berkeley Solbwae Distribution(SSD)
license(Endudng Free BSI)and BSD-style licenses),MIT license.Mozite Public License,IBM Pubic License,Apache Software Uoe se,Artistic ice se(e4..PERI),Sun kdusby
Standards Sauce License,Sun Community Source License(SCSI.),Intel Open Source License,Apple Pubic Source License,or ay stbstneayy simile license,or any license hat has
been approved by the Open Source Iftiatve,Free Software Foundation or mater group boilectIvely,"Open Source Licenses").
K.Force Majeure.TYCO ASSUMES NO LIABILITY FOR DELAYS IN INSTALLATION OF THE SYSTEM OR ANY EQUIPMENT OR FOR THE CONSEQUENCES THEREFROM,
HOWEVER CAUSED,OR FOR INTERRUPTIONS OF SERVICE OR FOR THE CONSEQUENCES THEREFROM DUE TO STRIKES.RIOTS,FLOODS,TERRORISM,ACTS OF GOD,
ACTS OF WAR,OR ANY CAUSES BEYOND THE CONTROL OF TYCO.TYCO WILL NOT BE REQUIRED TO SUPPLY SERVICE TO CUSTOMER WHILE INTERRUPTION OF
SERVICE DUE TO ANY SUCH CAUSE CONTINUES.IN NO EVENT WILL TYCO BE LIABLE FOR LOSS OF SPECIAL,INDIRECT,INCIDENTAL OR CONSEQUENTIAL DAMAGES.
L.Assignment This Agreement is not assignable by the Customer except upon written consent of Tyco fist being obtained. Tyco sheat have the right to assign this Agreement or to
subcontract any of its obligators under this Agreement without notice to Customer.
M.Tyco License Information:AL 2014115.1498,1490,1500,1501,1502,1542,594,595 The Security industry is governed by the rules and regulators of the Alabama F chonic Security
Board of Licensure. If you would Ike information n these rules and motel/0s or would She to register a comptant you can contact the Board at AESBL 7956 Vaughn Rd•,Montgomery
36116,(334)264-9388 Fax 334-264-9332 AK 38381,5430 Fairbanks Street Suite 8 Anchorage,AK 99507 AR 0030740116,003587,Regulated by Arkansas Bd.of Private Investigators
e-Fomn eee0UEO1(0912015) Page 6 of 8
r 2015 Tyco All Rims Reserved
8 Private Security Agendas,#1 State Poke Plaza Dr.,Utile Rode 72209,(501)6184600 AZ R0C281489 CA AC07207,977249;alarm company operators are licensed end regulated by
the Bureau of Searcy 8 avesigalive Services,Dept of Consigner Affairs,Sana nenb,CA 95814 DC EC51327 FL EF20000413,EF20000690,EF20000341,EF000047E GA LVA002833,
LVA205386,LVA204776,LVA205526,LV0001160,LVU004635 HI CT-32427 0.127001526 MA 45-C MI 3601206461,5103373,6060 Torrey Rd.Suite F Fire,1648504: 194 Tsai 063
MS 15024088 NC 846-CSA,4901 Glenwood Ave.,Suite 200,Raleigh,NC 27612,(919)788-5320 NM 375283 NV 0077542 NY 12000305846,Licensed by NYS Dept.d State OH
E18782,50-18.1052,50-25-1050,50.29-0003,50-48-1032,50-57-1119.53-31.15820K 67 OR CLE322.197010;PA Pernsyvrania Home Improvement Contractor Regiskagon Number,
PA010083 Ri 18004,TSC2726,AF4)9170 TN C-1704;1705;1706:1707;1708:1709,1710;1711 TX B00536,4200 8uddrgham Road Ste 150,Ft Work.TX 76115—Dept of Pubic
Safety,Pdvate Security 5805 N.Lamar Blvd,Austin 78752 UT 8390557-6501 VA 11-7587,11-7580,11-7575,11-7591,11-7589,11-7578,2705147765A WA TYCO1S88600,11824 N
Creek Pkwy.#105,Bothell,WA 96011 WV 060291.
Mississippi: MS 15024088
The foregoing Net shows only those license numbers Tyco Integrated Security LLC cTycoL4)is requted by law to inaude on marketing materials.A comprehensive ist of licenses held by
Tyco*is available on www.tyoois.cam(Legal). CaNdomia Customers Only:Upon completion of the ikon of the alarm system.the alarm company shat thoroughly Joshua Ole
purchaser in the proper used the alarm system.Falun by the licensee,without legal excuse,to substangaiy commence work wain 20 days from the approidmete dale spedted in the
agreement when the work WM begin is a violation of the Nam Company Act
02015 TYCO.Ai rights resenred.
e-Form 8880UE01(09!20151 Paye 7 of 8
0 2015 Tyco Al Rights Reserved
. ,.. .
fico
Integrated Security
COMMERCIAL SALES AGREEMENT TCPNN NO. CUSTOMER NO. JOB NO. PCI No. ESTIMATE
0292-AUGUSTA,GA 129207472 1-2WTC7ON
ADDITIONAL TERMS AND CONDITIONS
DATE:1/3112017
Tyco integrated Security LLC eTlc") Augusta Maas
Ws:Hides Plant&Pistol Range Road
Charles Stevens rClstomer)
3243 Sunset Blvd, ;Monier Bina information Customer Premises Serviced
West Co ,SC 291694427 1731 Tobacco Road, 1731 Tobacco Road,
Tele.No.(706)830-1214 Augusta,GA 30906 Augusta,GA 30906
Attn: Attn:Jim Pennington
Tele.No.(706)821-2336 Tele,No.(706)8424060
Notwithstanding anything in the Agreement to the contrary,Tyco and Customer agree as foloas:
Terms and Conditions
Annual Service Charge—Mal Terra.Tyco agrees to honor the Annual Service Charge for Monitoring ng Services specified in this Agreement for the initial Ter of the Agreement Thereafter,
the Annual Service Charge may be increased by the increase in the Consumer Price Index for Urban Wage Earners rCPI-W),Al Nems,U.S.City Average futile prior twelve(12)month
period or 5%,whichever is less.
Al other terns and conditions of the ,i . t,except those :