DISCLAIMER/LIMITATION OF LIABILITY. SUBSCRIBER UNDERSTANDS AND AGREES AS FOLLOWS: (I) NEITHER COMPANY NOR IT OFFICERS, SHAREHOLDERS, PARTNERS OR EMPLOYEES (COLLECTIVELY, “REPRESENTATIVES”) IS AN INSURER; (II) YOU CURRENTLY HAVE AND SHALL ALWAYS MAINTAIN INSURANCE COVERING YOU, YOUR FAMILY AND OTHERS WHO MAY BE ON THE PREMISES FOR MEDICAL, DISABILITY, LIFE AND PROPERTY; (Ill) RECOVERY FOR ALL SUCH LOSS, DAMAGE AND EXPENSE SHALL BE LIMITED TO ANY SUCH INSURANCE COVERAGE ONLY; (IV) COMPANY AND REPRESENTATIVES ARE RELEASED FROM ALL LIABILITY DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL OR OPERATE ANY MONITORING FACILITY; AND (V) SHOULD THERE ARISE ANY LIABILITY ON THE PART OF COMPANY OR REPRESENTATIVE FOR ANY LOSS, DAMAGE OR EXPENSE DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE THAT OCCURS BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT, PRODUCT OF STRICT LIABILITY, BREACH OF WARRANTY, EXPRESS OR IMPLIED, BREACH OF CONTRACT, EXPRESS OR IMPLIED, OR FOR SUBROGATION, CONSTRICTION OF INDEMNIFICATION, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, YOU MAY, AS A MATTER OF RIGHT, OBTAIN A HIGHER LIMIT PAYING AN ADDITIONAL AMOUNT FOR THE INCREASE IN SUCH LIMIT OF LIABILITY, BY THIS PAYMENT SHALL IN NO WAY BE INTERPRETED TO HOLD COMPANY OR REPRESENTATIVES AS AN INSURER.

Increase in charges. Company shall have the right to increase periodic charges at any time or times after the expiration of one year from the date of this Agreement upon giving you written notice thirty (30) days in advance of the effective date of such change. If you are unwilling to pay any revised charged you must notify Company in writing twenty (20) days prior to the otherwise effective date of the change that this Agreement will be terminated on the effective date of the change unless Company rescinds the change, and thereafter Company may elect to resume the charge of the previous term thereby binding you to the full term of this Agreement. The time periods in this paragraph must be strictly complied with.

Communications Equipment and Services. Subscriber understands and acknowledges as follows: (i) the System may transmit data to a monitoring facility or elsewhere using one or more forms of communication equipment or services, including, without limitations, a telephone network, cable systems or sum form of wireless communications (e.g. cellular or another form of radio transmission); (ii) sum or all of these communications equipment or services may access or incorporate the Internet, a Local Areas Network or some other form of computer network to transmit or retrieve data; (iii) for data transmitted by a telephone network, there are various types of telephone line service, including without limitation, a Company-owned or operated network facility, direct wire, derived channel, multiplex, DSL, T-1, ISDN, and various other forms of service; (iv) for data transmitted by a wireless communication services or equipment such services and equipment are probabilistic by their nature and affected or delayed by interference (e.g. ground interference), atmospheric conditions, static, transmission system operation, etc.; and (v) form data transmitted or received via the Internet or by any form of computer network, the System’s to transmit or receive data shall be dependent upon the internet or computer network. Accordingly, Subscriber understands, acknowledges and agrees that the System is not infallible and the transmission and receipt of data from the System, regardless of the communications equipment or service used may be interrupted. Circumvented or otherwise compromised.

Transmission of Data. Subscriber understands and acknowledges as follows: (i) the System including, without limitation, the communications equipment or services used in the System is not supervised; (ii) if the communications equipment or service is interrupted by any natural or human cause including, without limitation, any sort of interference

ground interference or otherwise) or lose of a telephone line or dial tone (either because the line is cut or otherwise), there will be no indication of such interruption at the monitoring facility unless Subscriber elects to use any available form of technology designed to detect and report such an interruption at additional cost; (iii) if the communications equipment or service is incompatibly, inoperative or interrupted, no signal will be received at the monitoring facility; and (iv) Subscriber may elect to use some form of redundant communication equipment or service ‘ telephone combined with some form of wireless communication) or some other form of communication service or equipment as part of the System at additional cost.

Release of Insured Losses. You hereby release Company and Representatives for all losses, damaged and expenses (i) covered by your insurance policies, (ii) policy deductibles, co-pay percentage, or retained limits, (iii) in excess of amounts paid by your insurance, and (iv) do to under insurance.

Waiver of Subrogation. You hereby waive any rights your insurance company may have to be reimbursed by Company or Representatives for money paid to you or on your behalf.

INDEMNIFICATION. IF ANYONE OTHER THAN YOU, INCLUDING, WITHOUT LIMITATION, YOUR INSURANCE COMPANY, ASKS COMPANY OR REPRESENTATIVES TO PAY FOR ANY LOSS, DAMAGE OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSSES, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) DUE TO (I) BREACH OF CONTRACT OR WARRANTY, EXPRESS OR IMPLIED, (II) ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF KIND OR DEGREE BY COMPANY OR REPRESENTATIVES, (111) FAILURE OR MALFUNCTION OF THE SYSTEM OR THE MONITORING STATION FACILITIES, (IV) RECORDING OF COMMUNICATIONS OR VIDEO SURVEILLANCE/RECORDING, (V) PRODUCT OR STRICT LIABILITY, OR (VI) CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, YOU AGREE TO PAY (WHTOUT AND CONDITION THAT COMPANY OR REPRESENTATIVES FIRST PAY) FOR ALL LOSSES, DAMAGES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY COMPANY OR REPRESENTATIVES

Delays in Installation. Company makes no promise of delivery and installation of equipment or commencement of Services by any date.

Title. Title to all equipment and material shall always remain in Company’s name until fully paid.

Compatibility of Alarm Communicator {“Panel”). Subscriber understands and agrees that the Panel may be proprietary to Company and that it may not be compatible with alarm communicator receiving equipment at other monitoring facilities.

Suspension of Services. Shut-Down. Lock-Out, or Removal of System. You understand and agree that Company may, in its sole and absolute discretion electronically lock out the Panel permanently in order to limit access to the Panel to Company only. Should you default hereunder, or upon termination of monitoring services for any reason, or if the System becomes a “runaway” system or the System excessively signals Company’s monitoring facility without apparent reason, you authorize and empower Company to, without limitation, do any one or more of the following: remove the System from the Premises (if installation and sale price not fully paid), disconnect the System, shut-down the Panel and/or the System and/or render some or all of the equipment incapable of signaling locally or communicating with any monitoring facility, and refuse to unlock the Panel. The exercise of such rights shall not be deemed a waiver of Company’s right to damages, and Company shall have the right to enforce all other remedies or rights.

Damages. If you fail or refuse to cooperate or if you prevent Company from exercising its rights pursuant to the previous paragraph, you shall pay to Company the sum of One ($1.00) Dollar for each individual signal from the premises received by the monitoring facility, as agreed upon damages and not as a penalty, plus all actual attorneys’ fees and court cost incurred by Company as a party in any action arising out of or from or related to the previous paragraph or this paragraph.

Subscriber’s Duties and Responsibilities. It is the Subscriber’s sole responsibility to (a) confirm that the communications equipment and services used to transmit data to any monitoring facility are compatible with the System, especially when there are changes to such communications equipment or services( a change in the service provider, adding or removing call waiting, a Centrex telephone system, answering machines, DSL, T-1, or ISDN service, etc.); and (b) test the System and the communications equipment and service periodically at least monthly and whenever changes are made to communications equipment or services for the Premises. Note: Not all communications equipment or services are available from every telephone service provider. Subscriber shall be solely responsible for determining if the communications equipment or service used by Subscriber or Company is compatible with and available from any current or future proposed telephone service provide and Subscriber alone shall pay (or reimburse Company) for all costs incurred in connection with any changes to the telephone service including, without limitation, the cost of installing any such service or equipment. Any claimed inadequacy or failure of the System, the communications equipment or service must be reported to Company for repair service immediately.

Third Party Charges. You shall pay all charges made by any (i) telephone company for (a) labor and equipment necessary to connect the System to the telephone network, (b) telephone call charges to any governmental agency, or (c) transmission of signals or voice to the monitoring facility, or (ii) municipality for receipt of communications from company or dispatch of police, fire or medical personnel to the Premises.

False Alarms. In the event the System is activated for any reason whatsoever, you shall (i) pay, without any right to be reimbursed by Company or (ii) reimburse Company for any fines, fees, costs, expenses and penalties assessed against you or Company by any court or governmental agency.

Default of Subscriber. In the event of any default of this agreement by you, without limiting the rights of Company, Company shall be entitled to retain all prepayments received and you shall immediately pay to Company (a) all payments then due and payable, and (b) 100 percent of all payments which would be due hereunder for the unexpired term as agreed upon damages and not as a penalty; and Company shall have no further obligation to perform under this Agreement.

Binding Agreement. This Agreement becomes binding upon Company only (i) when signed by authorized representative of Company, who must be a corporate officer if (a) there are any additions to the Agreement, or (b) any of the printed terms and conditions have been altered, deleted or substituted by other wording, or

(ii) upon commencement of Services. This Agreement is binding the heirs, executors, administrators, successors and permitted assigns of the parties.

Applicable Law. This Agreement shall be governed by and construed according to the laws of Company’s principal place of business.

Assignability of Agreement. This Agreement is not assignable by you except upon the written consent of Company, which shall be in Company’s sole and absolute discretion. This Agreement or any portion thereof is assignable by Company in its sole and absolute discretion.

No Waiver of Breach. If Company shall waive any breach of this Agreement by you it shall not be construed of a waiver of any subsequent breach. Company’s rights hereunder shall be cumulative, and any rights hereunder may be exercised concurrently or consecutively and shall include all remedies available even though not expressly referred to herein.

Monitoring Service. If Company provides Subscriber monitoring services, such services shall consist solely of monitoring services personnel telephoning the governmental agencies or the telephone number(s) supplied by Subscriber in writing (“Proper Authorities”) upon the monitoring facility’s receipt of data from the System reporting specific conditions that have been previously identified in writing by Subscriber and Company (hereinafter “Listed Codes”) or by voice communication received from the Premises no monitoring service shall be rendered for signals received that are not Listed Codes or for voice communication that does not request assistance. Notwithstanding anything contained herein to the contrary, upon receipt of a Listed Code and prior to telephoning any other person or entity, Company may in its sole and absolute discretion and without any liability contact or attempt to contact the premises to verify the necessity to report the receipt of a Listed Code to any other person. Company’s efforts to notify Proper Authorities shall be satisfied by advice by telephone to any person answering the telephone at the telephone number(s) provided to Company in writing or by leaving a message with a telephone answering service or machine or by any mechanical, electrical, electronic or other technology permitting the recordation of voice or data communications.

Repair Services. Repair service consists of providing all necessary labor, material, parts and equipment to service the System due to ordinary wear and tear only, excluding battery replacement, alarm screens, wiring, light bulbs, L.E.D.’s, L.C.D.’s and foil tape. Subscriber shall pay all other service on a time and material basis at Company’s prevailing charges. You agree that all repair services to the System shall be performed by Company only, but Company’s duty to service the System is subject to the availability of the original part or equipment from the original manufacturer, and to the terms of this Agreement and conditioned upon your notifying Company of the necessity for such service. 25 Delays in Service. Company makes no promise that there will be no interruptions of service or delay in performing service. Company’s sole obligation after receiving a service request from you is to dispatch a service employee to the Premises within a reasonable time after a service employee becomes available, during normal business hours excluding Saturdays, Sundays and holidays.

Takeover Systems. If the System is a takeover, in whole or in part, Company reserves the right, in its sole and absolute discretion, to terminate this Agreement at any time by ten (10) days written notice to you in the event Company determines, in its sole and absolute discretion, that there have been excessive activations of the System, that the System has been abused or that the number of problems or cost of service has been or may become excessive, and you shall be entitled to reimbursement of the unearned charge paid for the then current period on your request and this shall be the limit of Company’s liability.

Remote Programming Services. Remote programming services consists of inputting, modifying, deleting and using electronic data concerning operation of the System through electronic communication between the System and Company’s office or monitoring facility. You hereby consent to Company’s performance of all such services

Finance and Late Charges. A finance charge of one and one-half (1-1/2%) percent per month (eighteen (18%) percent per year) will apply to all obligations not paid pursuant to the terms contained herein. You shall also pay to Company an administrative fee (late charge) of 5% of any payment due hereunder received by Company after the date on which such payment is due as agreed upon damages and not as a penalty.

Suspension of Service. You agree that Company’s obligations hereunder are waived automatically without notice and you release Company for all loss, damage and expense in the event of a default or breach of this Agreement by Subscriber or if the monitoring facility, telephone network, equipment, or facilities necessary to operate the System or monitoring facility are destroyed, damaged, inoperable or malfunction for any reason whatsoever, for the duration of such interruption of service, and you shall be entitled to reimbursement of the unearned charge paid for the period of interruption on your request and this shall be the limit of Company’s liability.

LIMITED WARRANTY. A. COMPANY HEREBY WARRANTS TO YOU ALONE ONLY THAT ALL OF THE MATERIAL IS INSTALLED IN A GOOD AND WORKMANLIKE MANNER, IN THE EVENT THAT ANY PART, EXCEPT FOR WIRING, LIGHT BULBS, L.E.D.’S, L.C.D.’S, EXPENDABLE BATTERIES AND FOIL TAPE SHALL BECOME DEFECTIVE WITHIN NINETY (90) DAYS FROM THE DATE OF THE ORIGINAL INVOICE, COMPANY SHALL REPLACE OR REPAIR THE DEFECTIVE PART WITHOUT CHARGE TO YOU. THIS WARRANTY IS NOT ASSIGNABLE. B. IF YOU DISCOVER A DEFECT IN THE PRODUCTS SUPPLIED UNDER THIS AGREEMENT, YOU SHOULD IMMEDIATELY CONTACT COMPANY IN WRITING OR BY TELEPHONE, AT THE ADDRESS AND TELEPHONE NUMBER SET FORTH, AND FULLY DESCRIBE THE NATURE OF THE DEFECT SO THAT REPAIR SERVICE MAY BE RENDERED. C. EXCEPT AS SET FORTH IN PARAGRAPH A, COMPANY AND REPRESENTATIVES MAKE NO EXPRESS WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING, AND WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; ALL OTHER WARRANTIES ARE SPECIFICALLY EXCLUDED. D. THIS WARRANTY DOES NOT COVER ANY DAMAGE TO MATERIAL OR EQUIPMENT CAUSED BY ACCIDENT, VANDALISM, SUBSCRIBER NEGLIGENCE, FLOOD WATER, LIGHTNING, FIRE, INTRUSION, ABUSE, MISUSE, AN ACT OF GOD, ANY CASUALTY, INCLUDING ELECTRICITY, ATTEMPTED UNAUTHORIZED REPAIR SERVICE, MODIFICATION OR IMPROPER INSTALLATION BY ANYONE OTHER THAN COMPANY, OR ANY OTHER CAUSE OTHER THAN ORDINARY WEAR AND TEAR. COMPANY SHALL NOT BE LIABLE FOR ANY GENERAL. DIRECT. SPECIAL. EXEMPLARY. PUNITIVE. INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU ACKNOWLEDGE: THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY COMPANY SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY; THAT COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY. INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS THAT THE SYSTEM OR SERVICE SUPPLIED MAY NOT BE COMPROMISED. CIRCUMVENTED. OR THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE SIGNALING. MONITORING AND RESPONSE FOR WHICH IT WAS INTENDED; THAT YOU ARE NOT RELYING ON COMPANY’S SKILL OR JUDGMENT IN SELECTING OR FURNISHING A SYSTEM SUITABLE FOR ANY PARTICULAR PURPOSE; THAT THERE ARE NO EXPRESS WARRANTIES WHICH EXTEND BEYOND THOSE ON THE FACE OF THE AGREEMENT OR HEREIN, AND THAT ALL IMPLIED WARRANTIES, IF ANY, COINCIDE WITH THE DURATION OF THIS WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.

Company Duty Concerning Property of Others. You agree that Company has no responsibility for the condition or operation of any equipment, device, or property of any sort of Subscriber, the telephone company or others (“Property”). If Company provides service to Property, you agree that all relevant terms and conditions of this Agreement shall apply to all such service and you shall pay for such service on a time and material basis at Company’s then prevailing charges.

Contractual Limitation of Actions. All claims, actions or proceedings against Company or Representatives must be commenced in court within one (1) year after the cause of action has accrued, without judicial extension of time, or said claim, action or proceeding is barred. The time period in this paragraph must be strictly complied with.

Integrated Agreement. This instrument contains the entire agreement between the parties hereto with respect to the transactions described herein and supersedes all prior or current negotiations, commitments, contracts, express or implied, warranties, express or implied, statements and representations, whether written or oral, pertaining thereto, all of which shall be deemed merged into this Agreement.

NEITHER PARTY HAS AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY, “INDUCEMENT”) THAT IS NOT EXPRESSED HEREIN. EACH PARTY REPRESENTS THAT IT/HE/SHE IS NOT REL YING ON ANY INDUCEMENT IN SIGNING THIS AGREEMENT THAT IS NOT EXPRESSED IN THIS AGREEMENT.

Valid Agreement. Should any provision hereof (or portion thereof), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing.

Modifications. All changes or amendments to this Agreement must be in writing and signed by all parties to be binding on the parties.

Additional Equipment or Service. If at any time after the date hereof, you request or authori2e additional equipment or services, all sales, installation and services supplied by Company shall be subject to the terms of this Agreement only, except that additional charges shall be made for such additional sales, installation or services.

Right to Subcontract. Company may, in its sole and absolute discretion, subcontract for the provision of services under this Agreement. You acknowledge and agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company to provide any service set forth herein to you and bind you to said subcontractor(s) with the same force and effect as they bind you to Company.

Consent to Intercept. Record Disclose and Use Contents of Communications. You, for yourself and as the authori2ed agent of your family, guests, agents, servants, representatives and employees (individually and collectively, “Any Person”), hereby consent to Company intercepting, recording, retrieving, reviewing, copying, disclosing and using the contents of all telephone, video, wire, oral, electronic and other forms of transmission or communication to which you, Any Person or Company are parties.

MEDICAL EMERGENCY SIGNAL. YOU ACKNOWLEDGE AND AGREE THAT COMPANY’S SOLE RESPONSIBILITY UPON RECEIPT OF A MEDICAL EMERGENCY SIGNAL TRANSMITTED FROM THE SYSTEM IS TO CALL BY TELEPHONE THE MEDICAL ASSISTANCE PROVIDERS AS DIRECTED BY YOU, YOU UNDERSTAND AND AGREE THAT COMPANY AND REPRESENTATIVES ARE HEREBY RELEASED FROM ALL LIABILITY DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF COMPANY OR REPRESENTATIVES WHICH YOU, OR ANYONE CLAIMING THROUGH YOU, IN ANY WAY MIGHT OR COULD CLAIM AGAINST COMPANY OR REPRESENTATIVES BASED UPON, ARISING OUT OF OR FROM, IN CONNECTION WITH, RESULTING FROM, RELATED TO OR AS A CONSEQUENCE OF COMPANY’S OR REPRESENTATIVES’ FAILURE TO CONTACT OR IMPROPER DISPATCH OF MEDICAL ASSISTANCE PROVIDERS

Agreements with Others. You represent and warrant that (a) your cancellation or termination of any contract, or (b) execution of this Agreement does not breach and will not breach any contract with or obligation to any other person. You agree to protect, defend, indemnify and hold harmless Company and Representatives from and against and pay (without any condition or obligation that Company or Representatives first pay) for all claims, demands, suits, liabilities, losses, damages, judgments, costs and expenses including, without limitation, attorneys’ fees and court costs arising out of or from, in connection with, as a result of, related to or as a consequence of your breach of this representation and warranty.

Paragraph Headings. The paragraph titles used herein are for convenience of the parties only and shall not be considered in construing the provisions of this Agreement. 42 Credit Investigation Report. You authorize and consent to credit investigations and reports by the Company and any other person or entity that provides financing to the Company or to whom this Agreement may be assigned.

Right to Terminate. Notwithstanding anything contained herein to the contrary, Company may, in its sole discretion, terminate this Agreement, with or without cause and without any liability whatsoever, upon thirty (30) days’ notice to Subscriber. In the event such termination is without cause, Company shall, upon the written request of Subscriber, refund any unearned service charges.

NOTICES TO SUBSCRIBER. YOU SPECIFICALLY ACKNOWLEDGE AND ACCEPT THE DISCLAIMER/LIMITATION OF LIABILITY AND INDEMNITY PARAGRAPHS HEREOF. TERMS AND CONDITIONS ON THE REVERSE SIDE ARE AN INTEGRAL PART OF THIS AGREEMENT. YOU 11: ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. READ THE FRONT AND REVERSE BEFORE SIGNING. IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS, YOU MAY LOSE THE SYSTEM YOU BOUGHT WITH OR ARE USING PURSUANT TO THIS AGREEMENT.

NO WARRANTIES. THERE ARE NO WARRANTIES. EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OR REVERSE HEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

DEFAULT IN PAYMENT.

If any billing statement / invoice which is sent to the Client for the performed services is not paid within twenty (20) days of the date of associated inspection, then such invoice will accrue interest at a rate of 18% or the highest rate pe1missible under the law, whichever is greater. In addition, if collection efforts become necessary as a result of any such billing statement / invoice not being paid in full within said time frame, the Client agrees to pay all reasonable expenses incurred thereby, including by not limited to court costs and reasonable attorneys’ fees incurred, regardless of whether formal action was initiated.

ENTIRE AGREEMENT.

This Contract contains the entire agreement between the Client and Contractor and nothing is binding on either of them which is not contained in this Contract, unless modified in writing as set forth herein. This Agreement is intended to legally bind the Contractor and Client and their successors in interests. Any modifications to this

Agreement must be in writing and signed by both the Contractor and Client to be binding.

CHOICE OF LAW, SEVERABILITY AND VENUE.

a) This Agreement is governed by the laws of the State of Florida, without regard to any other state’s choice of law or conflict of law’s provisions.

b) If any provision of this Agreement is reformed, rescinded or made unlawful by subsequent legislation, the remaining terms shall remain in force and effect.

c) In the event a lawsuit is filed in relation to this Agreement the parties agree that the appropriate and only venue for such lawsuit is Hillsborough County, Florida.

AUTHORITY TO BIND PRINCIPAL

The individuals who sign this Agreement on behalf of the Client and Contractor represent and warrant that they have authority to bind their principal, i.e., either the Client or the Contractor.

FLORIDA’S LIEN LAW NOTICE REQUIRED IN CONSTRUCTION SERVICES CONTRACTS:

ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB SUBCONTRACTORS, OR MATERIAL SUPPLIERS OR NEGLECTS TO MAKE OTHER LEGALLY REQUIRED PAYMENTS, THE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT WHENEVER A SPECIFIC PROBLEM ARISES, YOU CONSULT AN ATTORNEY.

FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND NOTICE

PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:

CONSTRUCTION INDUSTRY LICENSING BOARD

1940 NORTH MONROE STREET, SUITE 42

TALLAHASSEE, FLORIDA 32399-2202

PI-IONE 850.487.1395

https://ewiresolutions.com/terms-and-conditions/

These Terms apply to all uses of this Website unless you and Company have signed a separate formal contract, in which case, that separate agreement will govern to the extent it conflicts with these Terms. Ewire reserves the right to update these terms at any point in time without notification.

LAST UPDATED: July 20, 2024