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<br /> `.) Schedule "A"
<br /> LIABILITY WILL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE BSM STINGER SYSTEM. ALL IMPLIED WARRANTIES ARE LIMITED
<br /> IN DURATION TO THE NINETY DAY TERMS OF THIS EXPRESS WARRANTY AND BSM AND ITS EMPLOYEES AND/OR AGENTS HAVE GIVEN
<br /> THE CUSTOMER NO OTHER WARRANTY.THE CUSTOMER MAY HAVE CERTAIN RIGHTS AND REMEDIES DEPENDENT ON THE SPECIFIC
<br /> LAWS OF ITS PROVINCE OR STATE.ANY ACTION AGAINST BSM,ITS EMPLOYEES OR AGENTS MUST BE COMMENCED BY THE CUSTOMER
<br /> OR ANY THIRD PARTY,WITHIN ONE(1)YEAR AFTER THE CAUSE OF ACTION AROSE,FAILING WHICH ANY SUCH CUSTOMER CLAIM
<br /> SHALL LAPSE AND BE NULL AND VOID,AND BSM MAY PLEAD SUCH TIME LIMITATION IN DEFENCE OF ANY ACTION BROUGHT BY THE
<br /> CUSTOMER OR ANY OTHER THIRD PARTY.
<br /> 13. This Agreement may be terminated at any time by BSM if for any reason,its rights and privileges necessary to install and maintain the signal receiving equipment
<br /> in the monitoring facility are terminated; the monitoring facility or other authorities having jurisdiction direct that such BSM Stinger System,communication
<br /> lines or signal receiving equipment be removed or replaced; or the connection is denied to BSM or the Customer by any other party.BSM shall have the right to
<br /> increase the recurring service charge provided herein at any time upon thirty(30)days prior written notice to the Customer.
<br /> 14. The Customer agrees: a)to furnish to BSM in writing and on a continuing basis a list of the Responsible Person or Persons if more than one including their
<br /> telephone numbers as the person or persons to be notified upon receipt of a signal;b)that the BSM Stinger System is designed to function based upon the layout
<br /> in the vehicle at the time of installation and any alterations,or other similar changes may affect the operation of the BSM Stinger System;c)not to tamper with,
<br /> damage or misuse the BSM Stinger System and to indemnify BSM for the cost of repair or replacement as a result of any such damage to,or the loss of,or misuse
<br /> of BSM owed portions of the BSM Stinger System;d)to repair,service and/or to assure the operation of any other property,BSM Stinger System,or device of the
<br /> Customer,or of others,to which the BSM Stinger System may be attached or connected;e)to provide necessary electrical power in the vehicle as required by
<br /> BSM at the Customer's expense;f)to set the BSM Stinger System and periodically and regularly test the BSM Stinger System into the response center monitoring
<br /> station at least once per week and to notify BSM immediately in writing of any defects found during such testing. The Customer understands that the sensitivity
<br /> and the area of coverage of space protection devices may change,and that BSM is unable to detect such changes unless the Subscribe notifies BSM and
<br /> appropriate tests are conducted by the Customer to insure that adequate BSM Stinger System signal capability is maintained;g)to turn off or neutralize all things
<br /> which may interfere with the effectiveness of the BSM Stinger System's detection components;h)to refrain from causing false signal from being sent;i)to notify
<br /> BSM promptly upon discovery of a need for service to the BSM Stinger System;and j)that all requirements are provided and maintained at the Customer's
<br /> expense to ensure that the Customer's insurance carrier is satisfied and the Customer's insurance policy is not voided or cancelled.
<br /> 15. All parts required for repairs,replacement and adjustments to the BSM Stinger System after the Warranty period shall be provided by BSM without charge to the
<br /> Customer where a maintenance or parts replacement plan has been subscribed for by the Customer. All labor charges are extra. The Customer agrees to exercise
<br /> care in using,handling and maintaining the BSM Stinger System. In the event BSM's representative is sent to the Customer's premises in response to a service
<br /> call and it is determined that the Customer or its employees or agents have tampered with the BSM Stinger System,improperly followed operating instructions,
<br /> caused false signals,failed to supply electrical power,failed to provide proper telephone signals,improperly used the BSM Stinger System,or failed to properly
<br /> protect the BSM Stinger System,the Customer agrees to pay to BSM any and all costs associated with the such service call at BSM's then prevailing rate.
<br /> 16. BSM assumes no liability for interruption of monitoring,repair and/or any other recurring service due to strike,riot,floods,lightning,earthquakes,power failures,
<br /> interruption or unavailability of telephone service,or for any other reason whatsoever and BSM will not be required to supply services to the Customer while such
<br /> interruption may continue.Replacement of the BSM Stinger System necessitated by any such event will be at the Customer's expense.
<br /> 17. I n the event the Customer's telephone service is disconnected,cut,lost or received at the response center monitoring station and BSM will be unaware of the
<br /> problem. The Customer further acknowledges that radio frequency transmission may be impaired,jammed,interiupted by a variety of conditions including
<br /> atmospheric,electrical storms,weak signal,lack of power,equipment failure and other conditions and events beyond BSM's control and BSM shall bear no
<br /> responsibility for any such events including otherwise out of order or not working,signals from the BSM Stinger System will not be any direct,indirect,incidental
<br /> or consequential damages resulting there from.
<br /> 18. Neither this agreement nor BSM's monitoring service are transferable without BSM's written consent to same.Should the Customer assign or attempt to transfer
<br /> or assign its rights under this agreement or BSM's monitoring service then BSM may at its sole option suspend monitoring service without notice or terminate this
<br /> agreement,without prejudice to its rights to collect all amounts owing hereunder and in addition to any other remedy it may have. BSM shall have the right to
<br /> assign this agreement at any time without consent of the Customer.In such event,the Customer shall deal with,look for the performance of this agreement to and
<br /> have any remedies for breach of this agreement against the assignee only and Company shall,upon such assignment,be released from any obligation to the
<br /> Customer hereunder.
<br /> 19. If BSM's alarm response center monitoring station is destroyed or damaged or ceases operation for any cause or if,due to the Customer's acts or omissions,
<br /> (including failure to follow the Company's recommendations for use and testing,repairs or replacement of the BSM Stinger System or any part thereof)it is
<br /> impracticable in BSM's sole opinion to continue service then the Company may cancel monitoring service without notice and it shall not be liable for any damages
<br /> as a result of terminating such services except for a refund of any fees paid for any period after the date of cancellation. The Customer agrees to continue the
<br /> monitoring service and to pay for same at BSM's prevailing rates for a period indicated on the front and thereafter from year to year until cancelled by the
<br /> Customer in writing.In the event the Customer cancels prior to the end of the contract term,the Customer agrees to pay,in addition to any charges for services
<br /> rendered prior to cancellation,the balance owing on the agreement, as liquidated damages and not as penalty. The customer shall pay for any false alarm
<br /> assessments,taxes,fees or charges that are imposed by any government authority,and any increase in charges to the Company for telephone or other facilities
<br /> required for transmission of signals.This agreement constitutes the entire agreement between the parties and no changes can be made,unless in writing and signed
<br /> by both parties.The parties agree that there are no other conditions agreed to,representations made or warranties given in connection with the making of this
<br /> agreement or pertaining to the goods or services provided by the Company hereunder, expressed or implied. NO PERSON OTHER THAN A DULY
<br /> AUTHORIZED SIGNING OFFICER OF THE COMPANY AND IN PARTICULAR NO SALES REPRESENTATIVE OR CONSULTANT HAS ANY
<br /> AUTHORITY TO AMEND,WAIVE,SUSPEND OR IN ANY WAY ALTER ANY OF THE PRINTED TERMS OR CONDITIONS HEREIN CONTAINED
<br /> OR TO MAKE ANY PROMISE, REPRESENTATION, CONDITION OR WARRANTY NOT PROVIDED HEREIN. THE TERMS AND CONDITIONS
<br /> HEREIN PRINTED SHALL PREVAIL OVER ANY INCONSISTENT OR ADDITIONAL TERMS,OR CONDITIONS IN ANY PURCHASE ORDER OR
<br /> OTHER LEI IER OR DOCUMENT OR SCHEDULE SUBMITTED BY THE CUSTOMER HEREWITH. Personal pronouns shall be deemed to include the
<br /> singular,plural, masculine, feminine and neuter as the context requires in each case, and when applied in the plural, shall apply to such parties jointly and
<br /> severally.If any provision of this agreement or any schedule is found by any court of competent jurisdiction to be invalid or unenforceable,such provision shall be
<br /> deemed severed here from and all other provisions shall remain in full force and effect.The agreement shall be govemed by the laws of the Province of Ontario
<br /> and parties submit and attom to the jurisdiction of the courts of that province.
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<br /> Customer's Initials
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<br /> 2/15/05 Response Center Monitoring Service Agreement V 1.2 5
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