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.
A monthly monitoring fee of $25.00 for direct alarm service, this fee includes you Alarm permit renewal.
A monthly monitoring fee of $7.00 for optional one-way Radio Frequency transmitter back up service if selected.
Alarm connection to the City of University Park (Payable to selected Security Company).
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.
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
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 agrees to abide by all City Codes and Ordinances relating to alarm systems.
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.
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.
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.
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.
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.