Fire Alarm Systems are a significant help in reducing property loss and injury. However, no matter how good any Fire Alarm System is, nothing works perfectly under every circumstance and KFS must warn customer that customer cannot expect a Fire Alarm System to insure that customer will never suffer any damage or injury. It is understood that KFS is not an insurer, that it shall specifically be the obligation of customer to purchase any insurance which customer desires for protection against loss, damage, or injury due directly or indirectly to occurrences or consequences therefrom, which the service or system is designed to detect or avert.

The amounts payable to KFS hereunder are based upon the value of the services and the scope of liability as herein set forth, and are unrelated to the value of the customer s property or property of others located in customers premises. KFS makes no guaranty or warranty, including any implied warranty of merchantability or fitness, that the system or services supplied will avert or prevent occurrences or the consequences therefrom which the system or services is designed to detect. It is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of KFS to perform any of its obligations hereunder. The customer does not desire this agreement to provide for full liability of KFS and agrees that KFS shall be exempt from liability for loss, damage or injury due directly or indirectly to occurrences, or consequences therefrom which the service or system is designed to detect or avert. If KFS should be found liable for loss, damage or injury due to failure of service or equipment in any respect, its liability shall be limited to a sum equal to 10% of the annual service charge or $250, whichever is greater, as the agreed upon damages and not as a penalty, as the exclusive remedy, even if such loss, damage, or injury results from performance or nonperformance of obligations imposed by this contract or from negligence, active or otherwise, of KFS, its agents or employees. No suit or action shall be brought against KFS more than one (1) year after the accrual of the cause of action therefore. If the customer desires KFS to assume a greater liability, KFS shall amend this agreement by attaching a rider setting forth the amount of additional liability and the additional amount payable by the customer for the assumption by KFS of such greater liability provided. However, that such rider and additional obligation shall in no way be interpreted to hold KFS as an insurer. In the event any person not a party to this agreement shall make any claim or file any lawsuit against KFS for failure of its equipment or service, customer agrees to indemnify and hold KFS harmless from any and all such claims and lawsuits including the payment of all damages, expenses, costs and attorneys fees.

So far as it is permitted by customer s property insurance coverage, customer hereby releases, discharges and agrees to hold KFS harmless from any and all claims, liabilities, damages, loses or expenses, arising from or caused by any hazard covered by insurance in or on the customer s premises whether said claims are made by customer, his agents, or insurance company or other parties claiming under or through customer. Customer agrees to indemnify KFS against and defend and hold KFS harmless from any action for subrogation which may be brought against KFS by any insurer or insurance company or its agents or assigns including the payment of all damages, expenses, costs and attorneys fees.

In executing this agreement, customer is not relying on any advice or advertisement of KFS. Customer agrees that any representation, promise, condition, inducement or warranty, expressed or implied, not included in this agreement shall not be binding upon any party, and that the terms and conditions hereof apply as printed without alteration or qualifications, except as specifically modified in writing. The terms and conditions of this agreement shall govern notwithstanding any inconsistent or additional terms and conditions or any purchase order or other document submitted by the customer.

The limitations on liability and the obligations of the customer expressed herein shall inure to the benefit of and apply to all parent, subsidiary and affiliated KFS companies, as well as to any company which KFS may contract with to provide any of the services set forth herein. If this agreement provides for a direct connection to a municipal police or fire department or other organization, that department, or other organization may invoke the provisions hereof against any claims by the customer due to any failure of such department or organization. This agreement is governed by the laws of Indiana.

Customer will instruct all persons who may use the system on its proper use. In between routine inspections, customer will inspect the Fire Alarm System to verify manual stations are not blocked or missing, detectors arm not damaged or missing notification devices are not damaged or missing, and check for other items requiring general maintenance. Customer shall notify KFS and schedule a service call for any items requiring service, which service will be at customer s expense unless under warranty.

Customer agrees to notify KFS in writing immediately of any modifications to the Fire Alarm System.