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proximately result from failure on the part of Company to
<br />perform any of its monitoring obligations under this
<br />Agreement. Accordingly, Customer agrees that Company
<br />shall be exempt from liability for any loss, damage or injury
<br />arising directly or indirectly from occurrences, or the
<br />consequences therefrom, which the equipment or Service
<br />was designed to detect or avert. Should Company be found
<br />liable for any loss, damage or injury arising from a failure of
<br />the equipment or Service in any respect, Company’s liability
<br />with respect to Monitoring Services shall be the lesser of the
<br />annual fee for Monitoring Services allocable to the site where
<br />the incident occurred or two thousand flve hundred ($2,500)
<br />dollars, as agreed upon damages and not as a penalty, as
<br />Customer’s sole remedy. Such sum shall be complete and
<br />exclusive. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY
<br />DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM
<br />ANY SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES,
<br />OR MOVEMENTS OF THE COVERED SYSTEM(S), AS HEREINAFTER
<br />DEFINED, OR ANY OF ITS COMPONENT PARTS BY THE
<br />CUSTOMER OR ANY THIRD PARTY. In no event shall Company
<br />and its aiffliates and their respective personnel, suppliers
<br />and vendors be liable to Customer or any third party under
<br />any cause of action or theory of liability, even if advised of
<br />the possibility of such damages, for any (a) special,
<br />incidental, consequential, punitive or indirect damages of
<br />any kind, including but not limited to damages; (b) loss of
<br />proflts, revenues, data, customer opportunities, business,
<br />anticipated savings or goodwill; (c) business interruption; or
<br />(d) data loss or other losses arising from viruses,
<br />ransomware, cyber-attacks or failures or interruptions to
<br />network systems. COMPANY SHALL NOT BE LIABLE FOR
<br />INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
<br />ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES
<br />ARISING FROM THE USE, LOSS OF THE USE, PERFORMANCE, OR
<br />FAILURE OF THE COVERED SYSTEM(S) TO PERFORM. The
<br />limitations of liability set forth in this Agreement shall inure
<br />to the beneflt of all parents, subsidiaries and aiffliates of
<br />Company, whether direct or indirect, and each of their
<br />employees, agents, oiffcers and directors.
<br />C. Indemnity, Insurance. Customer agrees to indemnify, hold
<br />harmless and defend Company against any and all losses,
<br />damages, costs, including expert fees and costs, and expenses
<br />including reasonable defense costs, arising from any and all third-
<br />party claims for personal injury, death, property damage or
<br />economic loss, arising in any way from any act or omission of
<br />Customer or Company relating in any way to the Monitoring
<br />Services provided under this Agreement, whether such claims are
<br />based upon contract, warranty, tort (including but not limited to
<br />active or passive negligence), strict liability or otherwise. Company
<br />reserves the right to select counsel to represent it in any such
<br />action. Customer shall name Company, its oiffcers, employees,
<br />agents, subcontractors, suppliers, and representatives as
<br />additional insureds on Customer’s general liability and auto liability
<br />policies.
<br />D. No modiflcation. Modiflcation to Sections 17 B or C may only
<br />be made by a written amendment to this Agreement signed by
<br />both parties speciflcally referencing Section 17 B and/or C, and no
<br />such amendment shall be effective unless approved by the
<br />manager of Company’s Central Monitoring Center.
<br />E. Customer’s Duties. In addition to Customer’s duty to
<br />indemnify, defend, and hold Company harmless pursuant to this
<br />Section 17:
<br />i. Customer agrees to furnish the names and telephone numbers of
<br />all persons authorized to enter or remain on Customer’s premises
<br />and/or that should be notifled in the event of an alarm (the
<br />Contact/Call List) and Local Emergency Dispatch Numbers and
<br />provide all changes, revision and modiflcations to the above to
<br />Company in writing in a timely manner. Customer must ensure that
<br />all such persons are authorized and able to respond to such
<br />notiflcation.
<br />ii. Customer shall carefully and properly test and set the
<br />system immediately prior to the securing of the premises and
<br />carefully test the system in a manner prescribed by Company
<br />during the term of this Agreement. Customer agrees that it is
<br />responsible for any losses or damages due to malfunction,
<br />miscommunication or failure of Customer’s system to
<br />accurately handle, process or communicate date data. If any
<br />defect in operation of the System develops, or in the event of
<br />a power failure, interruption of telephone service, or other
<br />interruption at Customer’s premises of signal or data
<br />transmission through any media, Customer shall notify
<br />Company immediately. If space/interior protection (i.e.
<br />ultrasonic, microwave, infrared, etc.) is part of the System,
<br />Customer shall walk test the system in the manner
<br />recommended by Company.
<br />iii. When any device or protection is used, including, but not
<br />limited to, space protection, which may be affected by turbulence
<br />of air, occupied airspace change or other disturbance, forced air
<br />SERVICE SOLUTION
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