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device,or phone of any type;(ii)using automatic dialers;and(iii)using a technology known as"robocalling"(unless such
<br /> person notifies Cintas that he/she opts out of this clause(iii))
<br /> Customer acknowledges and agrees that Cintas's efforts to notify First Responders shall be satisfied by attempting
<br /> telephone contact with any person answering the telephone at the telephone number(s)provided to Cintas in writing or by
<br /> leaving a message with a telephone answering service or any mechanical,electrical,electronic or other technology
<br /> permitting the recording of voice and/or data communications.Customer acknowledges and agrees that in no event is
<br /> Cintas respons ble for documenting its attempts to make the contact(s)referred to herein;to make any specific number of
<br /> attempts at such contact(s);or for ensuring or documenting a response to any such attempted contact(s).
<br /> If the Premises is/are located in a jurisdiction that requires a personal verified on-site response("Verified Response")prior
<br /> to dispatching a Proper Authority,Customer has the sole responsibility to engage a service to provide such Verified
<br /> Response.All fees,costs,and expenses incurred in obtaining or providing a Verified Response shall be bome solely by
<br /> Customer.Customer understands and agrees that First Responders may not be dispatched or respond to the Premises
<br /> after notice to First Responders unless there is independent confirmation of an incident at the Premises,such as an on-
<br /> site witness's report,that a reason for response exists.
<br /> Customer further acknowledges and agrees that(i)all software,hardware,firmware,codes,data,audio and voice
<br /> communications,video images,information and documentation arising out of or from,in connection with,related to,as a
<br /> consequence of,or resulting from execution of this Alarm Monitoring Agreement or the Monitoring Services(collectively,
<br /> "Intellectual Property")are the sole and exclusive property of Cintas,and Customer has no rights whatsoever in any of the
<br /> Intellectual Property,and(ii)Cintas shall have the right,in its sole and absolute discretion,to destroy,delete,erase,or
<br /> otherwise compromise(collectively,"Destruction")the Intellectual Property at any time without notice to Customer.If
<br /> Cintas receives a written request from Customer to retain any specific Intellectual Property prior to the Destruction thereof,
<br /> Cintas agrees to use commercially reasonable efforts to store the specific Intellectual Property as requested by Customer
<br /> on the condition precedent that Customer pay all fees,costs,and expenses of any kind related to the request.
<br /> 9. Run-Away Systems.If Cintas notifies Customer by telephone,electronically,or otherwise that its System is excessively
<br /> transmitting signals to Cintas's monitoring facility(a"Run-Away System")and Customer fails to(i)immediately authorize
<br /> Cintas to provide repair service to the Run-Away System,and(ii)provide reasonable unrestricted access to the Premises
<br /> and the Run-Away System within four(4)hours after such notice,Customer agrees to pay to Cintas its then-prevailing
<br /> charges for each signal transmitted to Cintas's monitoring facility by the Run-Away System.
<br /> 10. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS.Because of the great number and variety of applications
<br /> for which Cintas's goods and services are purchased,Cintas does not design goods or services,does not recommend
<br /> specific applications of goods or services,or and does not assume any responsibility for use,results obtained,or
<br /> suitability for specific applications of goods or services.Customer acknowledges and agrees that Cintas has not made
<br /> any representations or warranties to Customer regarding any fire suppression system or alarm system(or components
<br /> thereof)at the Premises,its fitness for any purpose,or its suitability or effectiveness as designed.Customer further
<br /> acknowledges and agrees that it has the sole responsibility for determining the appropriateness of Cintas's goods and
<br /> services for Customer's specific application(s)before ordering and to test and evaluate thoroughly all goods before use.
<br /> Cintas warrants that title to all goods it sells to Customer shall be good and marketable.CUSTOMER ACKNOWLEDGES
<br /> AND AGREES THAT CINTAS MAKES NO GUARANTEES,REPRESENTATIONS,OR OTHER WARRANTIES OF ANY
<br /> KIND,EXPRESSED OR IMPLIED,IN CONNECTION WITH THE SALE OF THE GOODS AND/OR SERVICES
<br /> PURSUANT TO THIS ALARM MONITORING AGREEMENT,INCLUDING(BUT NOT LIMITED TO)ANY IMPLIED
<br /> WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,OTHER THAN AS
<br /> SPECIFICALLY ENUMERATED ELSEWHERE IN THIS ALARM MONITORING AGREEMENT.NO MODIFICATION,
<br /> WAIVER,OR AMENDMENT OF THIS DISCLAIMER SHALL BE DEEMED EFFECTIVE UNLESS MADE IN A WRITING
<br /> DRAFTED BY CINTAS FOR THIS EXPRESS PURPOSE THAT IS(1)SIGNED BY CINTAS,(11)EXPLICITLY USES THE
<br /> TERM"WARRANTY"IN ITS TITLE,(III)SPECIFICALLY REFERENCES THIS ALARM MONITORING AGREEMENT;
<br /> AND(IV)EXPLICITLY AND UNAMBIGUOUSLY DESCRIBES WHAT ADDITIONAL WARRANTY(IES)ARE BEING
<br /> OFFERED TO CUSTOMER PURSUANT TO THIS ALARM MONITORING AGREEMENT.CUSTOMER FURTHER
<br /> AGREES THAT THIS EXPLICITLY EXCLUDES ANY OF CINTAS'S SALES MATERIALS,CIRCULARS,WEBSITES,OR
<br /> OTHER ADVERTISING MATERIALS OF ANY TYPE FROM CREATING ANY WARRANTIES UNDER THIS ALARM
<br /> MONITORING AGREEMENT,AND CUSTOMER WARRANTS THAT IT IS NOT RELYING UPON ANY SUCH
<br /> MATERIALS FOR THIS PURPOSE.
<br /> 11. CINTAS NOT AN INSURER;CUSTOMER'S OBLIGATION TO OBTAIN INSURANCE AS SOLE RECOVERY FOR ANY
<br /> LOSS AND WARRANTY OF SAME.Customer acknowledges and agrees that neither Cintas nor its Subcontractors or
<br /> assignees,including,without limitation,those providing monitoring services are insurers and that no insurance coverage
<br /> is provided by this Alarm Monitoring Agreement.CUSTOMER ACKNOWLEDGES AND AGREES THAT CINTAS
<br /> ASSUMES NO RESPONSIBILITY FOR,NOR SHALL IT HAVE ANY LIABILITY FOR,CLAIMS MADE AGAINST IT
<br /> CLAIMING THAT IT IS AN INSURER OF CUSTOMER'S SYSTEMS OR ANY OTHER PROPERTY FOR ANY
<br /> PURPOSE,INCLUDING,BUT NOT LIMITED TO,THE FAILURE OF SUCH SYSTEMS TO OPERATE EFFECTIVELY
<br /> OR AS DESIGNED.Customer acknowledges that during the term of the Alarm Monitoring Agreement,it is the specific
<br /> intent of the parties that the Customer will obtain and maintain insurance coverage with minimum coverage of at least two
<br /> million dollars(U.S.),at the Customer's expense,that will cover any and all losses,damages,and expense arising out of
<br /> or from,in connection with,related to,as a consequence of,or resulting from this Alarm Monitoring Agreement in any
<br /> way,including,but not limited to,public liability,bodily injury,sickness or death,losses for property damage,fire,water
<br /> damage,and loss of property,and Customer agrees to and warrants that it will obtain and maintain such insurance
<br /> coverage at all times at no cost to Cintas.Customer shall name Cintas as an additional insured by endorsement on any
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<br /> City Council 11 — 42 3/3/2026
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