APPLICANT UNDERSTANDS AND AGREES:

  1. Applicant is responsible to the City of University Park for all charges and fees in connection with direct alarm monitoring services which include but are not limited to, the following.
  2. The City of University Park makes no warranty of any kind, express or implied, of merchantability or fitness for a particular purpose with respect to the subject matter hereof or services to be preformed by an Alarm Business employed of applicant.
  3. Applicant agrees to indemnify and hold the City of University Park, its Agents and employees, harmless from any and all claims or damages which may arise by reason of any occurrence attributed to the dispatch, response, police action, installation, operation, alteration, improvement or removal of the applicant's alarm system, except for claims of damages resulting from the willful misconduct or grossly negligent acts or omissions of the City of University Park, its Agents or Employees.
  4. The City of University Park does not waive any defense it may have, including sovereign immunity, of any claim or damages arising from any function connected with direct alarm monitoring services performed for applicant.
  5. Applicant agrees to abide by all City Codes and Ordinances relating to alarm systems.
  6. Applicant may cancel direct alarm monitoring service by providing written notification to the City of University Park Police Department thirty days prior to discontinuing such service.
  7. It is agreed that the City of University Park is not an insurer, insurance if any shall be obtained by the applicant and that the payments hereinbefore named as based solely upon the value of the services herein described and unrelated to the value of the subscriber's property or others located in applicant's property; it is not the intention of the parties that the City of University Park assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause of any liability on the part of the City of University Park by virtue of this agreement or because of the relation hereby established. From the nature of the services to be performed, it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from the failure on the part of the City of University Park to perform any of its obligations hereunder, or the failure of the system to properly operate with the resulting loss to the applicant. If there shall, notwithstanding the above provisions, at any time he or arise any liability on the part of the City of University Park by virtue of this agreement or because of the relation hereby established, whether due to the negligence of the City of University Park or otherwise, such liability as and shall be limited to a sum equal in amount to the service charge hereunder for a period of six months, or two hundred fifty dollars ($250.00) whichever is the lesser, such liability as herein set forth is fixed as liquidated damages and not as a penalty and this liability shall he complete and exclusive.
  8. Applicant agrees to and shall indemnity and save the City of University Park harmless, its employees and agents, for and against all third party claims, lawsuits and losses alleged to he caused by the City of University Park's performance, negligent performance or failure to perform its obligations under this agreement.
  9. The City of University Park does not represent or warrant that the alarm system may not he compromised or circumvented: that the system will prevent any loss by burglary, hold-up, fire or otherwise, or that the system will in all cases provide the detection for which it is installed or intended. Applicant acknowledges that the City of University Park is not an insurer; that applicant assumes all risk for loss or damage to applicant's premises or to its contents; that the City of University Park has made no representation or warranties, nor has applicant relied on any representations or warranties, express or implied; including any warranty of merchantability or fitness for any particular use, except as set forth herein; and applicant acknowledges that he has read and understands this agreement which sets forth the City of University Park's obligation and maximum liability in the event of any loss or damage to applicant.
  10. WIRELESS TRANSMISSION SYSTEM AVAILABILITY. Applicant acknowledges that the City of University Park has advised him of the availability of wireless transmission of alarm information in the event of telephone interruption. Applicant acknowledges receipt of such information and disclosure and voluntary accepts or declines such wireless transmission system as set forth below.