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ADDENDUM NO.4 <br /> .7 • <br /> BI TAD ADDENDUM <br /> TO THE <br /> MONITORING SERVICE AGREEMENT <br /> Agreement No. 051403T1 ("Agreement") <br /> • BETWEEN <br /> BI INCORPORATED("BI") <br /> AND <br /> CITY OF EVERETT("Agency") <br /> This"BI TAD"Addendum is entered into by and between Agency and Bl. <br /> In consideration of the promises contained herein, and for other good and valuable consideration, receipt <br /> of which is hereby acknowledged, the parties hereto, desiring to be legally bound, hereby agree as <br /> follows: <br /> 1. COMMERCIAL AVAILABILITY: <br /> The parties agree and acknowledge that the terms of this Agreement are conditioned upon and <br /> subject to the availability of Bl's TADTM products and service. BI shall not be liable for any delay <br /> in performance due to limited availability of TAD products and service. <br /> 2. The following equipment shall be added to the Agreement: <br /> BI TAD Unit: <br /> Provides continuous alcohol monitoring: TAD uses transdermal technology to constantly monitor <br /> whether or not the Client has been drinking. If alcohol is detected, TAD transmits the data to a <br /> receiver in the Client's home when he or she comes within range of the receiver. The data is <br /> • then transmitted to the central monitoring computer via telephone systems, and a report or alert <br /> is generated. <br /> 3. The following conditions shall be added to the Agreement in accordance with Agency <br /> requirements: <br /> SERVICE CONDITIONS <br /> Agency recognizes and acknowledges that information is transmitted via third-party <br /> telecommunications service providers. BI makes no representations or warranties regarding <br /> carriage of information over any communications medium not directly controlled by BI, including, <br /> but not limited to, wireless and "land-line" telecommunications services. Further, BI shall not be <br /> liable for any interruption of service or non-transfer of information due to interruptions, temporary <br /> downage or other failure to any system that is not directly in BI's control. BI agrees to notify <br /> Agency as soon as is practicable in the event BI Equipment is not operational due to any such <br /> interruption. <br /> 4. CHARGES: <br /> TAD MONITORING CHARGES: <br /> TAD Monitoring Unit Rental Charge: $4.95 per Unit per day provided from BI <br /> inventory. <br /> TAD Monitoring Unit Service Charge: $2.20 per Unit per active day. <br /> Total TAD Monitoring Unit Charge: $7.15 per Unit per day. <br /> 52 <br />