REPAIRS, SERVICE, & 911 EMERGENCIES - TERMS AND CONDITIONS

1. Scope of Undertaking

G AND G FIRE PROTECTION will perform the services described on the front of this CUSTOMER Work Order (the Work). No other services are included. The amount payable to the CUSTOMER for the Work is based solely upon the value of the services performed and is unrelated to the value of the CUSTOMER's property and/or the property of others located inion the premises. CUSTOMER makes no guaranty or Warranty that equipment or services supplied by G AND G FIRE PROTECTION will detect or avert occurrences or the consequences there from that the equipment or services are designed to detect or avert.

2. Equipment Disconnections

CUSTOMER is on notice that the system(s)/device(s) listed on the face of this CUSTOMER Work Order will be temporarily or permanently disconnected and no longer in service and thus, cannot detect, perform and/or report occurrences or transmit signals.

3. Existing System.

Where new work is connected to an existing system, any deficiencies detected in the existing system during testing or charging of the system are the responsibility of the CUSTOMER and are not covered by any warranties that may be applicable to the Work. CUSTOMER releases G AND G FIRE PROTECTION from any and all claims regarding the existing system and any damage or injury caused by or to the existing system.

4. Liquidated Damages

It is impractical and extremely difficult to fix the actual damages, if any, that may proximately result from failure on the part of G AND G FIRE PROTECTION to perform any of its obligations under this CUSTOMER Work Order. Accordingly, CUSTOMER agrees that, G AND G FIRE PROTECTION shall be exempt from liability for any loss, damage or injury arising directly or indirectly from occurrences, or the consequences there from, concerning any repair of the system. Should G AND G FIRE PROTECTION be found liable for any loss, damage or injury arising from a failure of the equipment or service in any respect, G AND G FIRE PROTECTION's liability shall be limited to the lesser of $1,500. or an amount equal to the CUSTOMER Work Order price. Where multiple sites are covered by one CUSTOMER Work Order, liability will be limited to the amount allocable to the site where the incident occurred, subject to the preceding sentence. As a condition precedent to any claim or lawsuit against G AND G FIRE PROTECTION, all-outstanding invoices must have been paid in full when due, without compromise on amounts owed.

5. Actions by others

In no event shall G AND G FIRE PROTECTION be liable for any damage, loss, injury, or any other claim arising from any servicing, alterations, modifications, changes or movements ·of the covered system(s) or any of its component parts by the CUSTOMER or any third party.

6. Waiver of Subrogation

The G AND G FIRE PROTECTION is not an insurer against loss or damage. Sufficient insurance shalt be obtained by CUSTOMER to cover the premises (and property therein) where the work will be performed. CUSTOMER agrees to rely exclusively on CUSTOMER's insurance to recover for injuries or damage in the event of any loss, damage or injury to the premises or property therein. CUSTOMER, for itself and all others claiming by or through. It under this Agreement, releases and discharges G AND G FIRE PROTECTION from and against all damages covered by CUSTOMER's insurance, it being expressly agreed and understood that no insurance company, insurer or other entity/individual will have any right 'of subrogation against G AND G FIRE PROTECTION.'

7. Incidental/Consequential Damages

G AND G FIRE PROTECTION shall not be liable for indirect, incidental or consequential damages of any kind, including but not limited to damages arising from the use, loss of use, performance, or failure of the covered system(s) to perform.

8. LIMITED WARRANTY

G AND G FIRE PROTECTION WARRANTS THAT ITS WORKMANSHIP AND MATERIAL (the Work) FURNISHED UNDER THIS CUSTOMER WORK ORDER WILL BE FREE FROM DEFECTS FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE SAID WORK IS COMPLETED. G AND G FIRE PROTECTION AGREES TO REPAIR OR REPLACE THE WORK PROVIDED THE WORK HAS NOT FAILED DUE TO CIRCUMSTANCES UNRELATED TO THE MATERIALS OR WORKMANSHIP FURNISHED BY G AND G FIRE PROTECTION. EXCEPT AS EXPRESSSLY SET FORTH HEREIN, G AND G FIRE PROTECTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, SUPPLIED HEREUNDER.

9. Indemnity

CUSTOMER agrees to indemnify, hold harmless and defend G AND G FIRE PROTECTION, to the fullest extent permitted by law, against any and all losses, damages, costs, including expert fees and expenses including reasonable defense costs, arising from any and all third party claims for personal injury, death, property damage or economic loss, including specifically any damages resulting from the exposure of workers to Hazardous Conditions whether or not CUSTOMER pre-notifies G AND G FIRE PROTECTION of the existence of said hazardous conditions, arising in any way from performance of the Work or the Work whether caused in whole or in part by the CUSTOMER, whether such claims are based upon contract, warranty, tort (including but not limited to active or passive negligence) strict liability or otherwise. G AND G FIRE PROTECTION reserves the right to select counsel to represent it in any such action.

10. Water Supply

G AND G FIRE PROTECTION makes no claims and/or representations as to the presence currently or in the future of corrosion inducing matter, i.e. microbiological organisms, contained within the water supply. G AND G FIRE PROTECTION recommends that the water supply be tested and, as needed, treated. Testing and treatment of the water supply and costs associated therewith are the sole responsibility of CUSTOMER. Any such testing must be pursuant to a separate written agreement.

11. Affiliates

The terms and conditions set forth in this CUSTOMER Work Order shall inure to the benefit of all parents, subsidiaries and affiliates of G AND G FIRE PROTECTION, whether direct or indirect, G AND G FIRE PROTECTION's employees, agents, officers and directors.