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Page 2 of 3 <br /> <br />Agreement Continued <br />7. SUSPENSION OR CANCELLATION OF THIS CONTRACT: CLIENT understands that PRO-COMM may <br />stop or suspend communications if: Strikes, severe weather, earthquakes, or other such events beyond <br />Pro- control affect the operation of our communication equipment, or so severely damages <br />the internet service between the system and the Hosting Center; CLIENT does not pay the service charge <br />due to PRO-COMM, after PRO-COMM has given ten (10) days written notice of service cancellation <br />because of non-payment (PRO-COMM may charge a re-connection fee if service is suspended for non- <br />payment); PRO-COMM is unable to provide service because of some action or ruling by any government <br />authority; CLIENT becomes a debtor in bankruptcy proceeding. If service is cancelled or this contract is <br />terminated for any reason, CLIENT authorizes PRO-COMM to remotely disconnect the system and <br />communicator from the Center and/or enter the CLIENTS <br />PRO- monitoring equipment and remove PRO-COMM PRO- <br /> signs and decals, if applicable. <br />8. ASSIGNEES AND SUBCONTRACTORS: PRO-COMM may transfer or assign this contract to any other <br />security company that meets PRO-COMM requirements. CLIENT may not transfer this contract to <br />without a newly executed <br />contract on file. PRO-COMM will not un-PRO- <br />COMM transfers or assigns this contract to another entity, PRO-COMM will inform CLIENT within thirty (30) <br /> <br />9. PRO-COMM IS NOT AN INSURER; LIQUIDATED DAMAGES; LIMITATION OF LIABILITY: CLIENT <br />understands that (a) PRO-COMM <br />(b) CLIENT is solely responsible for providing any life, health, or disability <br />contents; (c) the amount CLIENT pays to PRO-COMM is based only on the value of the service PRO- <br />COMM provides and not on t (d) internet / data <br />communications systems may not always operate properly or as designed for various reasons; (e) it is <br />difficult to determine in advance the value of the property that might be lost, stolen, or destroyed if the <br />system or PRO- service fails to operate properly; and (f) it is difficult to determine what portion, if <br />any, of any property loss, personal injury or death would be proximately caused by PRO- failure to <br />perform, or a failure of the system or service. <br />10. THEREFORE CLIENT AGREES: Even if a court decides that a failure of the system, or a failure of the <br />installation, internet/data communications service caused or allowed any harm or damage (whether <br />property damage, personal injury or death) to CLIENT or anyone in his premises, CLIENT agrees that <br />PRO-COMM <br /> <br />11. INDEMNIFICATION: each party shall indemnify and hold the other party harmless from and against any <br />and all <br />damages for bodily injury and property damage, fines, penalties, cleanup costs and costs associated with <br />delay or work stoppage, that in any way results from or arises under such materials, situations or <br />conditions, regardless of whether a party has pre-notified the other party. This indemnification shall survive <br />termination of this agreement for whatever reason. In no event shall either party be liable for any special, <br />incidental, indirect, speculative, remote, or consequential damages arising from, relating to, or connected <br />with the services, equipment, materials, or any goods provided hereunder. Each party shall give the other <br />party reasonably prompt notice in writing, of any such claims and permit the other party, through counsel of <br />its choice, to answer the claims and defend any related suit. <br />12. THIRD PARTY INDEMNIFICATION AND SUBROGATION: If anyone other than CLIENT demands PRO- <br />COMM to pay for harm or damages (including property damage, personal injury or death) connected with <br />or resulting from I) a failure of the system or services, ii) a claim for indemnification or contribution, CLIENT <br />will pay PRO-COMM a) any amount which a court orders PRO-COMM to pay or which PRO-COMM <br />reasonably agrees to pay, and b) the amount of PRO-COMM <br />losses or costs that PRO-COMM <br />pay PRO-COMM for such harm or damages shall not apply if the harm or damages happens while one of <br />PRO-COMM <br />is solely caused by that employee or subcontractor. Unless prohibited by his property insurance policy,