Commercial Monitoring and Alarm Services Agreement

1. LIMITED WARRANTY- Any part of the system, including the wiring, installed under this Agreement which proves to be defective in material or workmanship within 1 year of the date of completion of installation will be repaired or replaced at KFS' option with a new or functionally operative part. Labor required to repair or replace such defective components or to make mechanical adjustments to the system will be free of charge for a period of 1 year following the completion of the original installation. This warranty is extended only to the original consumer of the system and may be enforced only by such person. To obtain service under this warranty, call or write our local KFS Service Department

This Warranty does not apply to the conditions listed below and in the event Customer calls KFS for service under the Warranty and it is found that one of these conditions have led to the inoperability or apparent inoperability of the system, a charge will be made for the service call of the KFS representative whether or not the technician actually works on the system. Should it actually be necessary to make repairs to the system due to one of the "Conditions not covered by Warranty," a charge will be made for such work at KFS' then applicable rates for labor and material.

2. CONDITIONS NOT COVERED BY WARRANTY: A. Damage resulting from accidents, acts of God, alterations, misuse, tampering or abuse. B. Failure of the Customer to property close or secure a door, window, or other point protected by a burglar alarm device. C. Failure of Customer to property follow operating instructions provided by KFS at time of installation or at a later date. D. Trouble with leased telephone lines or communication facilities. E. Trouble due to interruption of commercial power or an electrical surge. F. Battery replacements, security screens, exterior mounted devices. G. Normal wear and tear. H. Expenses due to alterations in the Customer's premises, alterations of the system made at the request of the Customer or made necessary by changes in the Customer's premises. I. Damage to the premises or alarm system beyond the control of KFS. J. Any damage caused by repair services, modification, or improper installation by anyone other than KFS.

THE ABOVE LIMITED WARRANTY IS IN LIEU OF ALL OTHER EXPRESSED WARRANTIES. ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SHALL COINCIDE IN DURATION WITH THE ONE (1) YEAR LIMITED WARRANTY. THE EXCLUSIVE REMEDY TO THE CUSTOMER HEREUNDER SHALL BE REPAIR OR REPLACEMENT AS STATED ABOVE. UNDER NO CIRCUMSTANCES SHALL KFS BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY BY KFS, THE NEGLIGENCE OF KFS, OR OTHERWISE.

No agent, employee or representative of KFS or any other person is authorized to modify this Warranty in any respect.

3. INSTALLATION – A. Customer agrees to provide 110 AC electrical outlets at designated location(s) for equipment requiring AC power. B. Customer agrees to provide for lifting and replacing carpeting, if required, for installation of floor mats or wiring. Customer warrants that Customer owns the premises in which the equipment is being installed and that the Customer has the authority to engage KFS to carry out the installation in the premises.

The Customer agrees to furnish any necessary electric current through the Customer's meter and at the Customer's own expense. Customer will obtain and keep in effect all permits or licenses that may be required for the installation and operation of the system.

If Customer or any governmental agency or insurance interest wants KFS to change the system described herein, Customer agrees to pay KFS' standard parts and labor charges for such changes. CUSTOMER AGREES THAT CUSTOMER HAS CHOSEN THIS SYSTEM AND UNDERSTANDS THAT ADDITIONAL OR DIFFERENT PROTECTION IS AVAILABLE FOR A HIGHER PRICE.

4. SIGNAL RECEIVING AND NOTIFICATION SERVICE shall be provided by KFS if the reverse side of this Agreement includes a charge for Central Station Monitoring Services. KFS will connect the system to an independently owned and operated monitoring facility (herein referred to as the CS). Under such service, in the event a burglary or hold-up signal, or fire signal registers at the Central Station, the CS shall endeavor to notify promptly the appropriate police or fire department and the designated representative of the customer. To avoid false alarms, the CS may elect to call your premises first to determine if an actual emergency exists before calling any authorities or Customer's representatives. If the CS has reason to believe that no actual emergency exists, the CS may choose not to place such notification calls. The CS may discontinue any part of this service if required to do so by governmental or insurance authorities. Customer consents to the tape recording of all telephonic communications between the CS office and your premises.

In the event a supervisory signal or trouble signal registers at the Central Station, the CS shall endeavor to notify promptly the designated representative of the customer.

5. COMMUNICATION FACILITIES - a. AUTHORIZATION-Customer authorizes KFS to make requests for information service, orders or equipment in any respect on behalf of Customer to a telephone company (the "Telephone Company") or other entity providing facilities or services for transmission of signals under this Agreement. b. DIGITAL COMMUNICATOR - The Customer understands that if a digital communicator is installed under this Agreement, it uses standard telephone lines as the transmission mode of sending signals. Customer also understands that the CS does not receive signals when the transmission mode is or becomes non-operational and that signals from the digital communicator cannot be received if the transmission mode is cut, interfered with or otherwise damaged. Calls (including calls to the 911 emergency operator) cannot be made when the system is activated, and therefore Customer may wish to have the system connected to a separate telephone service. c. DERIVED LOCAL CHANNEL - The facilities and services provided by the Telephone Company, in connection with the services to be provided to the Customer hereunder, include what is generally described as Derived Local Channel service. Those facilities and services relate to the provision of lines, signal paths, scanning and transmission. The Customer agrees that the liability of the Telephone Company is limited in accordance with, and the Telephone Company may invoke, the provisions of Paragraph 6 Limit of Liability of the General Terms and Conditions of this Agreement.

6. INTERACTIVE SERVICES(Available only for residential security or standalone commercial security panels) - If Interactive Services are included in this Agreement and remote services are to be provided, the equipment will transmit data via Customer's internet or cellular service to Customer's device which is compatible with KFS's remote services server. KFS will grant access to server permitting Customer to access the system to arm and disarm the system, view system status and receive system status messages KFS shall have no responsibility for failure of data transmission, corruption or unauthorized access and shall not monitor or view any camera video unless video verification addendum is attached. Customer understands and accepts all responsibility for any and all consequences, intended or otherwise, of accessing and/or controlling the alarm system from a remote location. Customer also understands that remote access and messages may not be available from all locations, or on all devices or at all times, all of which are out of control of KFS.

7. INTERNET AND CELLULAR COMMUNICATIONS - If this Agreement includes a Cellular communicator, the cellular Communications Company's network is used for transmission of alarm signals. If this Agreement includes an internet or Wi-Fi communicator, the Internet and the Customer's local area network are used for transmission of alarm signals. The Customer understands that if internet service is used, the loss of power to the premise may disable the Customer's local area network and the Internet service provider's (ISP) network interface (ie. ISP's cable or DSL modem and/or router combination) and the internet or Wi-Fi communicator may not transmit the alarm signals to the CS. It is the customer's responsibility to provide an uninterruptible power supply (i.e. "UPS" or "battery backup") for the local area network and ISP equipment. It is also the Customer's responsibility to assure that the local area and wide area network equipment is secured so that these devices may not be damaged or disabled. The Customer agrees to notify KFS immediately regarding any changes of any kind to their internet or phone service and to test the alarm system and monitoring service after any such changes are made. Use of Voice over Internet Protocol (VoIP) for transmission of alarm signals is not recommended, and is specifically disallowed as a path of communication for fire alarms in Indiana. VoIP refers to any telephone voice service that is delivered or transmitted over the internet. This type of service is typically offered by an ISP or third party "digital" or "internet" phone service provider and is NOT a reliable transmission mode for alarm signals. The Customer also understands that alarm transmissions made by the alarm system digital dialer connected to Plain Old Telephone Service (POTS) lines may also be subject to VoIP transmission by the local and long distance telephone carriers using this technology in their networks. This is referred to as "VoIP/Backhaul." Both VoIP service to the Premises and VoIP/Backhaul may cause alarm transmissions to be missed entirely or misdirected to the wrong Customer Premises, resulting in no notification or dispatch, or notification and dispatch to the wrong account. If KFS determines that VoIP service or VoIP/Backhaul service is causing unreliable alarm transmissions, Customer agrees to pay for installation of an internet or cellular communicator. Failure to do so will result in suspension of the Customer's monitoring service and does not relieve the Customer of their obligation to pay all monies due KFS under this Agreement or for any other services. The Customer understands that the transmission of alarm signals using telephone lines, internet service, local area networks, and cellular networks is dependent upon the reliability and availability of the Communication Company's network(s) and/or the Customer's network. The reliability and availability of all of these networks are outside the control of KFS. The most reliable configuration is a combination of two of these modes of communication and KFS recommends a combination of internet or Wi-Fi and cellular communicators.

8. CANCELLATION - It is understood and agreed that this Agreement may be terminated by KFS in the event that the Customer fails to follow the operating instructions provided at the time this system was installed which results in an undue number of false alarms or if the premises in which the system is installed are so modified or altered after installation as to render continuation of service impractical, or in the event of default in payment of any monies due under this Agreement.

9. CUSTOMER DUTIES - Customer will instruct all persons who may use the system on its proper use. Customer will test the system's protective devices and send test signals to the Central Station in accordance with KFS' instructions at least monthly. If the system includes space protection (i.e. ultrasonic, microwave, infrared, photo beams, under carpet mats or other such detectors) Customer will turn off, control or remove all things such as air conditioning systems, heaters, and pets that might interfere with such devices when they are turned on. IF THE SYSTEM INCLUDES ANY WIRELESS DEVICES, Customer will replace the batteries as indicated by the system, and at least as frequently as specified by manufacturer instructions. CUSTOMER UNDERSTANDS THAT KFS IS NOT AN INSURER. IF KFS SHOULD BE FOUND LIABLE FROM LOSS, DAMAGE OR INJURY DUE TO A 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 $500.00, WHICHEVER IS GREATER. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF LOSS, DAMAGE, OR INJURY RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED BY THIS CONTRACT OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE, OF KFS, ITS AGENTS OR EMPLOYEES. 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. 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, LOSSES 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 ATTORNEY'S FEES. IT IS FURTHER AGREED THAT 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, AND TO ANY OTHER COMPANY WITH WHICH KFS MAY CONTRACT TO PROVIDE ANY OF THE SERVICES SET FORTH HEREIN.

10. This Agreement shall be interpreted in accordance with Indiana law. Customer consents to personal jurisdiction and venue in any state or federal court located in Marion County, Indiana. UNLESS A LONGER PERIOD IS REQUIRED, BY APPLICABLE LAW, ANY ACTION AGAINST KFS IN CONNECTION WITH THIS SYSTEM MUST BE COMMENCED WITHIN ONE YEAR OF THE CAUSE OF THE ACTION.