8. FIRE ALARMS: Unless the Schedule of Equipment and Services provides for a fire alarm system to code MA makes no
representation that the fire alarm equipment meets local code requirements or constitutes a fire alarm system as that term is defined by
the Authority Having Jurisdiction [AHJ] over fire alarm systems in Subscriber’s premises. If a fire alarm system to code is specified in the
Schedule of Equipment and Services then MA will install fire alarm equipment pursuant to AHJ requirements. Subscriber agrees that
any equipment required by the AHJ not specified in the Schedule of Equipment and Services shall be an extra to this agreement to be
paid for by Subscriber at time said additional equipment is requested.
9. DELAY IN INSTALLATION: MA shall not be liable for any damage or loss sustained by Subscriber as a result of delay in
installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or
other causes, including MA's negligence in the performance of this agreement. The estimated date work is to be substantially completed
is not a definite completion date and time is not of the essence.
10. TESTING OF SECURITY SYSTEM: Security System, once installed, is in the exclusive possession and control of the
Subscriber, and it is Subscriber's sole responsibility to test the operation of the Security System and to notify MA if it is in need of repair.
Service if provided is pursuant to paragraph 3.
11. CARE AND SERVICE OF SECURITY SYSTEM: Subscriber agrees not to tamper with, remove or otherwise interfere with the
Security System which shall remain in the same location as installed. All repairs, replacement or alteration to the security system made
by reason of alteration to Subscriber's premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any
means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage,
software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components
and components exceeding manufacturer’s useful life, are not included in warranty or service under paragraph 3 (d) (ii) and will be
repaired or replaced at Subscriber’s expense. No apparatus or device shall be attached to or connect with the security system as
originally installed without MA's written consent. Customer agrees to pay, at least, $500.00 for any un-returned, leased equipment.
12. ALTERATION OF PREMISES FOR INSTALLATION: MA is authorized to make preparations such as drilling holes, driving
nails, making attachments or doing any other thing necessary in MA's sole discretion for the installation and service of the security
system, and MA shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the
security system, and Subscriber represents that the owner of the premises, if other than Subscriber, authorizes the installation of the
security system under the terms of this agreement.
13. SUBSCRIBER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscriber's
expense, all 110 Volt AC power, electrical outlet, ARC Type circuit breaker and dedicated receptacle, internet connection, high speed
broadband cable or DSL and IP Address, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by MA.
14. LIEN LAW: MA or any subcontractor engaged by MA to perform the work or furnish material who is not paid may have a claim
against purchaser or the owner of the premises if other than the purchaser which may be enforced against the property in accordance
with the applicable lien laws.
15. INDEMNITY/WAIVER OF SUBROGATION RIGHTS/ASSIGNMENTS: Subscriber agrees to indemnify and hold harmless MA,
its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third-parties or by Subscriber,
including reasonable attorneys' fees and losses, asserted against and alleged to be caused by MA's performance, negligence or failure
to perform any obligation under this agreement. Parties agree that there are no third party beneficiaries of this agreement. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber's insurance carrier may otherwise have against MA or
MA's subcontractors arising out of this agreement or the relation of the parties hereto. Subscriber shall not be permitted to assign this
agreement without written consent of MA. MA shall have the right to assign this agreement and shall be relieved of any obligations herein
upon such assignment.
16. EXCULPATORY CLAUSE: MA and Subscriber agree that MA is not an insurer and no insurance coverage is offered herein.
The security equipment and MA’s services are designed to reduce certain risks of loss, though MA does not guarantee that no loss will
occur. MA is not assuming liability, and, therefore, shall not be liable to Subscriber for any loss, data corruption or inability to retrieve
data, personal injury or property damage sustained by Subscriber as a result of intrusion, burglary, theft, hold-up, fire, equipment failure,
smoke, or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by MA’s
negligent performance to any degree in furtherance of this agreement, any extra contractual or legal duty, strict products liability, or
negligent failure to perform any obligation pursuant to this contract or any other legal duty. In the event of any loss or injury to any person
or property, Subscriber agrees to look exclusively to Subscriber’s insurer to recover damages. Subscriber releases MA from any claims
for contribution, indemnity or subrogation.
17. INSURANCE: The Subscriber shall maintain a policy of public liability, property damage, burglary and theft insurance under
which MA is named as additional insured. MA shall not be responsible for any portion of any loss or damage which is recovered or
recoverable by the Subscriber from insurance covering such loss or damage or for such loss or damage against which the Subscriber is
indemnified or insured. In the event of any loss or injury to any person or property, Subscriber agrees to look exclusively to Subscriber’s
insurer to recover damages. Subscriber shall obtain insurance to cover any loss the security services are intended to detect to one
hundred percent of the insurable value, and Subscriber and all those claiming rights under Subscriber waive all rights against MA and its
subcontractors for loss or damages caused by burglary, theft, water, smoke, fire or other perils intended to be detected by the security
services or covered by insurance to be obtained by Subscriber, except such rights as they may have to the proceeds of insurance.
18. LIMITATION OF LIABILITY: Subscriber agrees that should there arise any liability on the part of MA as a result of MA's
negligent performance to any degree or negligent failure to perform any of MA's obligations pursuant to this agreement or any other legal
duty, equipment failure, or strict products liability, that MA's liability shall be limited to the sum of $250.00 or 5% of the sales price or 6
times the aggregate of monthly payments for services being provided at time of loss, whichever is greater. If Subscriber wishes to
increase MA's amount of limitation of liability, Subscriber may, as a matter of right, at any time, by entering into a supplemental agreement,
obtain a higher limit by paying an annual payment consonant with MA's increased liability. This shall not be construed as insurance
coverage.
19. LIQUIDATED DAMAGES: The parties agree that in the event Subscriber suffers damages as a result of MA's negligence to any
degree or failure to perform any obligation, it would be impractical and extremely difficult to anticipate or fix actual damages. Therefore,
Subscriber agrees that should there arise any liability on the part of MA, Subscriber agrees to accept $250.00, or the amount provided
for in paragraph 23, whichever is greater, as liquidated damages in complete satisfaction of such liability and MA is released and
discharged from any further liability.
20. LEGAL ACTION: The parties agree that due to the nature of the services to be provided by MA, the payments to be made by
the Subscriber for the term of the services part of this agreement form an integral part of MA's anticipated profits; that in the event of
Subscriber's default it would be difficult if not impossible to fix MA's actual damages. Therefore, in the event Subscriber defaults in any
payment or charges to be paid to MA, the balance of all payments for the entire term herein shall immediately become due and payable,
and Subscriber shall be liable for 80% thereof as liquidated damages and MA shall be permitted to terminate all its services, including
but not limited to terminating monitoring service, under this agreement and to remotely re-program or delete any programming without
relieving Subscriber of any obligation herein.
If MA prevails in any litigation or arbitration between the parties, Subscriber shall pay MA’s legal fees. In any action commenced
by MA against Subscriber, Subscriber shall not be permitted to interpose any counterclaim beyond those explicitly authorized by
Mississippi Code § 75-24-15. The parties agree that they may bring claims against the other only in their individual capacity, and not as
a class action plaintiff or class action member in any purported class or representative proceeding. Subject to Subscriber’s right to bring
any claim against MA for up to $1,000 in small claims court having jurisdiction, any dispute between the parties or arising out of this
agreement, including issues of arbitrability, shall, at the option of any party, be determined by arbitration before a single arbitrator
administered by Arbitration Services Inc., under its Arbitration Rules www.ArbitrationServicesInc.com, except that no punitive damages
may be awarded. Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class
Mail delivered by the U.S. Postal Service addressed to the party's address in this agreement or another address provided by the party in
writing to the party making service. Subscriber submits to the jurisdiction and laws of Mississippi and agrees that any litigation or
arbitration between the parties must be commenced and maintained in the county where MA’s principal place of business is located. The
parties waive trial by jury in any action between them unless prohibited by law. Any action by Subscriber against MA must be commenced
within one year of the accrual of the cause of action or shall be barred unless prohibited by law. All actions or proceedings against MA
must be based on the provisions of this agreement. Any other action that Subscriber may have or bring against MA in respect to other
services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of
this agreement, and this consent to arbitrate shall survive the termination of this agreement.
21. MA'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that MA is authorized and permitted to subcontract
any services to be provided by MA to third parties who may be independent of MA, and that MA shall not be liable for any loss or damage
sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties, except
that MA shall not obligate Subscriber to make any payments to such third parties. Subscriber appoints MA to act as Subscriber’s agent
with respect to such third parties, except that MA shall not obligate Subscriber to make any payments to such third parties. Subscriber
acknowledges, that this agreement, and particularly those paragraphs relating to MA's disclaimer of warranties, exemption from liability,
even for its negligence, limitation of liability and third party indemnification, inure to the benefit of and are applicable to any assignee,
subcontractors and central offices of MA.
22. NON-SOLICITATION: Subscriber agrees that it will not solicit for employment for itself, or any other entity, or employ, in any
capacity, any employee of MA assigned by MA to perform any service for or on behalf of Subscriber for a period of two years after MA
has completed providing service to Subscriber. In the event of Subscriber's violation of this provision, in addition to injunctive relief, MA shall recover from Subscriber an amount equal to such employee's salary based upon the average three months preceding employee's
termination of employment with MA, times twelve, together with MA's counsel and expert witness fees.
23. FALSE ALARMS/PERMIT FEES: Subscriber is responsible for all alarm permits and fees, agrees to file for and maintain any
permits required by applicable law and indemnify or reimburse MA for any fines relating to permits or false alarms. MA shall have no
liability for permit fees, false alarms, false alarm fines, police or fire response, any damage to personal or real property or personal injury
caused by police or fire department response to alarm, whether false alarm or otherwise, or the refusal of the police or fire department
to respond. In the event of termination of police or fire response by the municipal police or fire department this agreement shall
nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. Should MA be required by
existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement
Subscriber agrees to pay MA for such service or material.
24. FAIR CREDIT REPORTING ACT: In compliance with the Fair Credit Reporting Act (“FCRA”), the Subscriber hereby authorizes
MA to obtain a consumer credit report. Subscriber has the right, by contacting the provider of this information, to dispute the information
on the report or request additional disclosures as provided under Section 606 of the FCRA. Written request must be given from the
Subscriber to MA to request additional credit information. Subscriber releases all persons involved in the credit investigation from liability
in connection with such investigation.
25. SECURITY INTEREST/COLLATERAL: To secure Subscriber’s obligations under this agreement Subscriber grants MA a
security interest in the security equipment installed by MA and MA is authorized to file a financing statement.
26. FULL AGREEMENT/SEVERABILITY: This agreement along with the Schedule of Equipment and Services constitutes the full
understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties, except MA’s
requirements regarding items of protection provided for in this agreement imposed by Authority Having Jurisdiction. Subscriber
acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral agreement
or other assurance, except those set forth in this Agreement. Subscriber hereby waives all rights and remedies, at law or in equity,
arising, or which may arise, as the result of Subscriber’s reliance on such representation, assertion, guarantee, warranty, collateral
agreement or other assurance. Should any provision of this agreement be deemed void, the remaining parts shall not be affected. This
agreement shall run concurrently with and shall not terminate or supersede any existing agreement between the parties unless specified
herein.