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other authorities in the event of an alarm, it must select <br />monitoring services as a separate Service under this <br />Agreement. CUSTOMER FURTHER UNDERSTANDS AND AGREES <br />SECTION 19 (SOFTWARE AND DIGITAL SERVICES) APPLY TO <br />CONNECTED FIRE ALARM SERVICES AND CONNECTED <br />SPRINKLER SERVICES. In the event of a confiict between <br />these terms and the Software Terms, the Software Terms will <br />control. <br />C. Dashboards and Mobility Applications for Connected Fire <br />Sprinkler Services and Connected Fire Alarm Services. If <br />Customer has purchased Connected Fire Sprinkler Services and/or <br />Connected Fire Alarm Services, Customer may utilize Company’s <br />Dashboard(s) and Mobility Application(s), as applicable, during the <br />term of the Agreement, pursuant to the then applicable Terms of <br />Use Agreement. Terms for the Dashboard are located at <br />www.johnsoncontrols.com/techterms <br />17. Monitoring Services. If Customer has selected Monitoring <br />Services, the following shall apply to such Services: <br />A. Alarm Monitoring Service. Customer agrees and <br />acknowledges that Company’s sole and only obligation under this <br />Agreement shall be to provide alarm monitoring, notiflcation, <br />and/or Runner Services as set forth in this Agreement and to <br />endeavor to notify the party(ies) identifled by Customer on the <br />Contact/Call List (“Contacts”) and/or Local Emergency Dispatch <br />Numbers for responding authorities. Upon receipt of an alarm <br />signal, Company may, at our sole discretion, attempt to notify the <br />Contacts to verify the signal is not false. If we fail to notify the <br />Contacts or question the response we receive, we will attempt to <br />notify the responding authority. In the event Company receives a <br />supervisory signal or trouble signal, Company shall endeavor to <br />promptly notify one of the Contacts. Company shall not be <br />responsible for a Contact’s or responding authority’s refusal to <br />acknowledge/respond to Company’s notiflcations of receipt of an <br />alarm signal, nor shall Company be required to make additional <br />notiflcations because of such refusal. The Contacts are authorized <br />to act on Customer’s behalf and, if so designated on the Contact/ <br />Call List, are authorized to cancel an alarm prior to the notiflcation <br />of authorities. Customer understands that local laws, ordinances or <br />policies may restrict Company’s ability to provide the alarm <br />monitoring and notiflcation services described in this Agreement <br />and/or necessitate modifled or additional services and related <br />charges to Customer. Customer understands that Company may <br />employ a number of industry-recognized measures to help reduce <br />occurrences of false alarm signal activations. These measures may <br />include, but are not limited to, implementation of industry- <br />recognized default settings; implementation of “partial clear time <br />bypass” procedures at our alarm monitoring center and other <br />similar measures at our sole discretion from time to time. THESE <br />MEASURES CAN RESULT IN NO ALARM SIGNAL BEING SENT FROM <br />AN ALARM ZONE IN CUSTOMER’S PREMISES AFTER THE INITIAL <br />ALARM ACTIVATION UNTIL THE ALARM SYSTEM IS MANUALLY <br />RESET. Upon receiving notiflcation from Company that a flre or gas <br />detection (e.g. carbon monoxide) signal has been received, the <br />responding authority may forcibly enter the premises. Cellular <br />radio unit test supervision, if provided under this Agreement, <br />provides only the status of the cellular radio unit’s current signaling <br />ability at the time of the test communication based on certain <br />programmed intervals and does not serve to detect the potential <br />loss of radio service at the time of an actual emergency event. <br />Company shall not be responsible to provide monitoring services <br />under this Agreement unless and until the communication link <br />between Customer’s premises and Company’s Monitoring Center <br />has been tested. SUCH SERVICES ARE PROVIDED WITHOUT <br />WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT <br />LIMITED TO ANY IMPLIED WARRANTIES OF <br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. <br />B. Limitation of Liability; Limitations of Remedy. Customer <br />understands that Company offers several levels of Monitoring <br />Services and that the level described has been chosen by Customer <br />after considering and balancing various levels of protection <br />afforded and their related costs. It is understood and agreed by <br />Customer that Company is not an insurer and that insurance <br />coverage shall be obtained by Customer and that amounts <br />payable to Company hereunder are based upon the value of <br />the Monitoring Services and the scope of liability set forth in <br />this Agreement and are unrelated to the value of Customer’s <br />property and the property of others located on the premises. <br />Customer agrees to look exclusively to Customer’s insurer to <br />recover for injuries or damage in the event of any loss or <br />injury and that Customer releases and waives all right of <br />recovery against Company arising by way of subrogation. <br />Company makes no guaranty or warranty, including any <br />implied warranty of merchantability or fltness for a <br />particular purpose that equipment or Services supplied by <br />Company will detect or avert occurrences or the <br />consequences therefrom that the equipment or Service was <br />designed to detect or avert. It is impractical and extremely <br />diiffcult to flx the actual damages, if any, which may <br />SERVICE SOLUTION <br /> <br />  <br />  <br />  <br />Page 10 of 17  <br />  <br />© 2024 Johnson Controls. All rights reserved <br />