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<br /> Schedule "A"
<br /> THE CUSTOMER UNDERSTANDS THAT BSM IS NOT AN INSURER OF THE CUSTOMER'S VEHICLE OR PROPERTY OR THE PERSONAL
<br /> SAFETY OF PERSONS IN OR ABOUT THE VEHICLE OR PROPERTY AND THAT THIS AGREEMENT IS NOT INTENDED TO BE AN INSURANCE
<br /> POLICY OR A SUBSTITUTE FOR ANY INSURANCE POLICY. Insurance if any will be obtained and maintained by the Customer on its vehicle,property or
<br /> contents thereof and any life,disability,health and all other possible coverage for persons in or about the vehicle whether working therewith or otherwise. The
<br /> charges that the Customer pays to BSM are based solely upon the value of the monitoring service provided and are not related to the value of the Customer's
<br /> vehicle,property or any property of others that may be in or about the vehicle. The Customer agrees to look exclusively to the Customer's insurer to recover for
<br /> damage,injury or death in the event of any loss,injury or death and hereby releases and waives all rights of recovery against BSM arising from any services that
<br /> BSM provides,may provide or is obligated to provide under this Agreement including without limitation any claims that may arise by way of subrogation. The
<br /> amounts payable by the Customer are not in any way sufficient to warrant BSM assuming any risk of consequential,collateral,incidental or other damages to the
<br /> Customer,its vehicle,it property and/or its personnel or any other persons and their property as applicable due to the BSM Stinger BSM Stinger System,its
<br /> installation or use thereof and the provision of any monitoring services or lack thereof,or any deficiency,defect or inadequacy of the BSM Stinger BSM Stinger
<br /> System or services provided or to be provided hereunder,or any matters that may arise due to the negligence of BSM or BSM's failure to perform. The Customer
<br /> hereby acknowledges that the Customer does not desire this Agreement to provide for the liability of BSM and the Customer agrees that BSM shall not be liable
<br /> for loss or damage due directly or indirectly to any occurrences or consequences there from which the BSM Stinger BSM Stinger System or service is designed to
<br /> detect or avert. From the nature of the BSM Stinger BSM Stinger System provided hereunder or the services to be performed,it is impractical and extremely
<br /> difficult to fix the actual damages,if any,which may proximately result from the active or passive negligence of,or a failure on the part of BSM to perform any of
<br /> its obligations hereunder,or the failure of the BSM Stinger BSM Stinger System or monitoring to properly operate. If BSM should be found liable for loss or
<br /> damage due to a failure on the part of BSM or the BSM Stinger BSM Stinger System or services,in any respect,such liability shall be limited solely with regard
<br /> to any RECURRING SERVICE transaction,to an amount equal to fifty percent of one year's recurring service charge or the amount of$1,000.00,whichever is
<br /> less,or solely with respect to a DIRECT SALES transaction,to an amount equal to the purchase price of the equipment with respect to which the claim is made,
<br /> and regardless of the type of transaction,this liability shall be exclusive. The provisions of this paragraph shall apply in the event loss or damage,injury or death,
<br /> irrespective of cause or origin,results directly or indirectly to person or property from the performance or non-performance of the obligations set forth by the
<br /> terms of this Agreement or from the active or passive negligence of BSM,its agents or employees. In the event that the Customer desires BSM to assume greater
<br /> liability under this Agreement,a choice is hereby given to the Customer of obtaining greater liability against BSM by paying an additional amount to BSM in
<br /> proportion to the amount of liability BSM will assume and this choice must be made by written notice delivered to BSM prior to the due execution by BSM of this
<br /> Agreement and an additional rider shall be attached to this Agreement setting forth the amount of the limitation of liability of BSM and the additional charge to be
<br /> paid by the Customer,failing which the Customer shall be deemed to have accepted the limitations of BSM's liabilities as set out in this Agreement.
<br /> 2. Where monitoring services are provided,it is mutually understood and agreed by and between the parties hereto that the only obligation of BSM,upon receipt of a
<br /> signal received at the contracted or owned response center monitoring station,shall be to try to telephone the Customer's office to contact the first person
<br /> designated on the Customer's emergency notification list(hereinafter referred to as the"Responsible Person"),at the current telephone number in BSM file for the
<br /> Customer to try to verify that an alarm signal has been received by BSM. When a signal is received in the monitoring Station,will notify the Customer as set out
<br /> above and will provide monitoring services on a seven-day/twenty four-hour basis. To avoid and reduce false signals,the Customer authorizes BSM and agrees
<br /> that BSM may(i)use a"cancel,restore,abort"or other designated codes,such that when any signal is received after such BSM action the signal(s)will be
<br /> deemed canceled and no further action will be taken by the monitoring Station,(ii)notify the Responsible Person if BSM believes for any reason that no actual
<br /> emergency exists with respect to the vehicle. BSM may discontinue any particular form of response if required to do so by any government authority or insurance
<br /> interest or for excessive false alarms,without penalty. BSM shall incur no liability for any loss,damage,personal injury or death sustained as a result of any such
<br /> signal notification or attempted notification or lack thereof,for disregarding signals followed by restored,cancel or aborted signals,not notifying or dispatching
<br /> the appropriate contact person(s),failure of any agreed upon authority or designated representative to respond,failure of the BSM Stinger BSM Stinger System,
<br /> the monitoring service or BSM's negligence.
<br /> 3. The Customer authorizes the installation of the BSM Stinger BSM Stinger System and recognizes that the BSM Stinger BSM Stinger System may require
<br /> modifications and adjustments to adapt it to the Customer's particular vehicle and hereby agrees that such modifications and adjustments be made as BSM at its
<br /> sole discretion shall deem to be necessary. The Customer shall at the Customer's expense supply telephone service and such other equipment where specified by
<br /> BSM for the operation of the BSM Stinger BSM Stinger System and the monitoring service.The Customer acknowledges that the installation of the BSM Stinger
<br /> System will necessitate drilling and other activities in the Customer's vehicle. It is the Customer's responsibility to ensure that such drilling and other activity is
<br /> safe and properly completed without damage to the Customer's vehicle or its operation. The Customer agrees to hold harmless BSM,its employees,contractors
<br /> and or agents against any liability with respect any and all damages and claims involving without limitation the installation,servicing,testing and operation of the
<br /> BSM Stinger System and all costs relative thereto. BSM will not be obligated to commence provision of monitoring or other services,as applicable,until such
<br /> time as all fees and expenses are paid by the Customer and the Customer has obtained all ancillary equipment and services such as wireless telephone lines,
<br /> required to make the BSM Stinger System and monitoring functional.
<br /> 4. The Customer and BSM hereby agree that there shall be a fifteen(15)day test period commencing on the completion of the installation of the BSM Stinger
<br /> System prior to monitoring service being provided by BSM. During the term of this Agreement,when the BSM Stinger System or any portion thereof,is placed
<br /> on"test",the Customer understand and agrees that no action will be taken by BSM if any signals are received at the response center monitoring station during the
<br /> test period.
<br /> 5. The Customer acknowledges that the BSM Stinger System described in this Agreement or any Schedule has been thoroughly explained to the Customer and
<br /> chosen by the Customer and it is understood by the Customer and is accepted by the Customer as sufficient for its needs and purposes at this time. BSM does not
<br /> represent or warrant that the BSM Stinger System may not be compromised or circumvented,that the BSM Stinger System or monitoring or other services
<br /> provided pursuant to this Agreement will prevent any loss by burglary,fire or otherwise,or that the BSM Stinger System or monitoring or other services provided
<br /> pursuant to this Agreement will in all cases provide the service for which it is installed or intended.Any errors or omissions in the installation of the BSM Stinger
<br /> System or monitoring or other services provided pursuant to this Agreement shall be brought to the attention of BSM by the Customer in writing with seven(7)
<br /> days after commencement of service. On the expiration of the said seven(7)day period the installation shall be deemed to have been accepted and approved by
<br /> the Customer. The Customer acknowledges that it is the Customer's responsibility to arm,disarm and use the BSM Stinger System properly so that it can
<br /> function as intended. The Customer further acknowledges that the BSM Stinger System can fail and/or response from the response center monitoring station to
<br /> designated keyholders can be slow,ineffectual or suspended from time to time,as such this BSM Stinger System is a deterrent and does not provide fail safe
<br /> service,THEREFORE INSURANCE IS STRONGLY RECOMMENDED. The Customer agrees that the sole source of reimbursement in the event of a loss or
<br /> damage,personal injury or death,for any reason whatsoever shall be the Customer's own resources and insurers.
<br /> 6. The Customer agrees to sign relevant contracts that BSM deems necessary where parties other than BSM and the Customer are involved in the overall operations
<br /> of the BSM Stinger System and the monitoring and other services provided pursuant to this Agreement.
<br /> 7. In the event any person shall make any claim or file any lawsuit against BSM for any reason whatsoever relating to the BSM Stinger System or BSM's duties and
<br /> obligations pursuant to this Agreement including,but not limited to the design,installation,repair,monitoring,inspection,operation or non-operation of the BSM
<br /> Stinger System,the Customer agrees to indemnify,defend and hold BSM and its employees and agents harmless from any and all claims,liabilities and lawsuits,
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<br /> 2/15/05 Response Center Monitoring Service Agreement V1.2 3
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