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Monitoring Agreement

P.O. Box 5352, Bend, Oregon 97708 • (541) 617-6199 • Fax: (541) 617-6126 • www.watchdogbend.com • CCB#151785

CLIENT AGREEMENT

This Agreement is made and entered into this day, June 11th, 2018 by Watchdog Security, LLC, hereinafter called the “Company”, and Pronghorn Huntington Lodge Fire Alarm with cellular communication, located at 23000 Ghost Tree Lane, Bend, OR 97701 herinafter called the Subscriber.

1. The Company and the Subscriber have entered into an Agreement wherein the Company will provide monitoring services for the security alarm system located at the address shown at the head of this Agreement or such other address as may later be mutually agreed.
2. Such monitoring services shall consist of providing an alarm monitoring service on a continuing twenty-four (24) hour basis seven (7) days a week. The service shall be via cable, telephone lines or radio.
3. The Subscriber agrees to furnish to the Company and periodically supplement and update a complete and accurate list of names, titles, assigned pass codes and telephone numbers of all persons authorized by the Subscriber to enter the /subscriber’s premises. Upon the occurrence of any change in said list, the Subscriber shall immediately notify the Company. The Company shall be entitled to rely in full upon the most recently supplemented list and shall be deemed to have fully discharged any duty of notification to the Subscriber under the terms of the Agreement by contacting any person identified on such list, either in writing or by telephone.
4. The Subscriber shall be responsible for the testing of all alarm equipment utilized on the Subscriber’s recommendations. Under no circumstances shall the Company be responsible or liable for malfunction of, or relating to, any alarm system on the Subscriber’s premises.
5. The services described herein are only deterrents, and the Company does not guarantee that such deterrents will prevent loss or damage. The Subscriber acknowledges that no representations have been made concerning the services to be rendered other than as specified in this Agreement and further agrees that the payments herein provided are based solely on the monitoring services to be provided hereunder. The Company further assumes no liability for any delays in, or interruptions of, services to be rendered hereunder for any cause beyond its control. The Subscriber hereby acknowledges that the Subscriber understands that the Company does not undertake to guarantee against, or provide reimbursement or compensation for, any loss or damage to the Subscriber arising out of the performance or nonperformance of this Agreement.
6. In the event holdup alarms, burglar alarms, fire alarms, medical alarms, or the other services are furnished pursuant to the Agreement, or conditions and other services added to the alarm system after this agreement, the Company, upon receipt of an alarm signal from the Subscriber’s premises, hereby agrees to transmit such alarm to the police or fire department and to make reasonable efforts to notify the Subscriber’s designated representative by telephone.
7. The Subscriber agrees that other persons using, or having a legal interest in the premises monitored under this Agreement shall have no greater rights against the Company than the Subscriber has and should be limited to recovery of the liquidated damages set forth in Paragraph 10. The Subscriber further agrees to indemnify and hold harmless the Company, the officers, employees and agents from and against claims, losses, costs, damages, expenses or liabilities of any nature or kind whatsoever, together with costs of litigation and attorneys fees, including any and all claims, losses, costs, damages, expenses, or liabilities which may be sustained by third parties arising from the performance or non-performance of the Agreement.
8. The Subscriber agrees that the Subscriber will not maintain or use on the Subscriber’s premises any device which may interfere with the effectiveness and/or functioning of the alarm system. In the event the Subscriber shall be liable of an unreasonable number of false alarms, the Company may, upon giving the Subscriber ten (10) days written notice, discontinue further service to the Subscriber. Such misuse or abuse on the Subscriber’s part shall be considered a material breach of this Agreement and the Subscriber shall be liable for any and all damages to which the Company shall be entitled by law had this Agreement been performed.
9. The Subscriber and the Company hereto agree and understand that alarm signals are transmitted over telephone company or other cable lines-, or by radio, and the maintenance and performance of such lines or radio systems are totally beyond the control of the Company. Under no circumstances shall the Company be responsible or liable for any failure of performance or malfunction due to lines under the control of telephone companies or other utilities, including cable companies, or due to malfunctioning radio systems.
10. The Subscriber specifically understands and agrees that the Company is not an insurer, either of the alarm system or of the Subscriber’s premises, or any contents therein, and is not responsible for any loss or damage which the Subscriber may incur as a result of a malfunction of the alarm system or failure to report an alarm. It is understood that the Subscriber shall obtain any desired insurance coverage for such risks. The services provided to the Subscriber by the Company hereunder are solely for the Subscriber’s convenience and charges are based solely upon the cost to the Company for providing the services hereunder and do not take Into account any assumption by the Company of any responsibility. Fees and charges imposed hereunder are not sufficient to warrant the assumption of any risk consequential or other damages to the Subscriber incurred by the Company’s negligence or failure to perform, or due to any malfunction of equipment, line, or connecting circuit, or because of the failure of an alarm to be received at the central station, or because of any delay in or failure to dispatch public authorities, fire or police personnel or other agencies to the Subscriber’s premises to investigate an alarm. The Subscriber, therefor, agrees that the Company shall not be liable for any loss or damage due, directly or indirectly, to any occurrence which the service rendered hereunder is designed to detect. Since it is impractical and extremely difficult to fix actual damages which may arise due to faulty operation of the system or failure of the devices notwithstanding the above provision, should there arise any liability on the part of the Company, such liability shall be limited to two hundred fifty dollars ($250), as liquidated damages, and not as a penalty, and this liability shall be exclusive.
11. The Subscriber acknowledges that the provision of this Agreement, and particularly those paragraphs relating to disclaimer of warranties, liquidated damages, and third-party indemnification, insure to the benefits of and are applicable to any subcontractor engaged by the Company to provide monitoring of the alarm system, and bind the Subscriber to said subcontractors with the same force and effect as they bind the Subscriber to the Company.
12. Connecting communication lines, cable, telephone lines, radio systems, or equipment and instruments used by the Company in the performance of its services may be destroyed or substantially damaged by fire or other catastrophes. The Company may be unable to secure or retain connections or privileges necessary for the transmission of signals between the alarm location and the central station, or between the central station and police or fire dispatch centers having jurisdiction over the alarms. Should the above conditions, or strike, flood, riot, fire, explosion, war, conflict, or other causes beyond the reasonable control of the Company hinder or prevent the performance of the Company’s services, this Agreement shall be deemed suspended so long as, and to the extent that such conditions or causes exist. When such conditions arise the Company shall, as soon as is reasonably practical, notify the Subscriber of the nature and extent thereof and the approximate duration foreseen. Upon such notification either party shall have the following options; (a) to proceed under this Agreement: or (b) to terminate this Agreement, in which event the Subscriber shall pay to the Company all fees and charges imposed upon the Subscriber under this Agreement to the date of the occurrence of the condition: upon such payment, the contractual relationship between the parties shall cease.
13. Subscriber shall pay to the Company a monitoring charge in the sum of $210 per quarter, billable in advance. The duration of this contract is one years from the date of this Agreement. Upon the expiration of the term, this Agreement shall automatically renew itself for the same period at the current rate unless either party shall notify the other in writing of its intention to terminate not less than 30 days prior to the expiration of the original term or any renewal period thereof. Monitoring charges shall be reviewed semi-annually and adjustments may be made, upon the giving of thirty (30) days written notice of such charges. In addition, the Company reserves the right to terminate service on delinquent accounts at any time and to terminate this Agreement for any reason upon thirty (30) days prior written notice to Subscriber.
14. The terms and conditions stated herein constitute the final complete Agreement between the Subscriber and the Company. This Agreement may not be modified in any respect except by a subsequent writing executed by the Subscriber and a officer of the Company.
15. This Agreement may not be assigned without the express prior written consent of the Company. The Company will not unreasonably withhold its consent.
16. This Agreement shall be interpreted and construed in accordance with the laws of the State of Oregon__.
17. If any legal action or other proceeding is brought for the enforcement of this Agreement or the collection of any sums due hereunder, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs incurred in such action or proceeding, or on any appeal therefrom.
18. Notices, other than fee adjustments, shall be deemed given when deposited, postage prepaid, in the United States Mails, certified return receipt requested, addressed to the parties at the address at the head of this Agreement.
19. The provisions of Paragraph 7, 10 and 11 will survive any termination or expiration of the Agreement.
20. If any provision in the Agreement is held to be invalid or unenforceable, that provision will be enforced to the maximum possible extent, and all other provisions will remain valid and enforceable.
21. Agreement pursuant to guidelines outlined under scope of work in proposal # NA___ .

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Signed by Melissa Fancher
Signed On: July 3, 2018

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June 11, 2018 3:27 pm PDT

Monitoring Agreement Uploaded by Melissa Fancher - watchdog@watchdogbend.com IP 66.220.108.102