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LIMITATION,ANY GENERAL,DIRECT,SPECIAL,INCIDENTAL,EXEMPLARY,PUNITIVE,STATUTORY OR
<br /> CONSEQUENTIAL DAMAGES,IRRESPECTIVE OF CAUSE,SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM
<br /> SUM OF$1,000.00 COLLECTIVELY FOR CINTAS AND REPRESENTATIVES,AND THIS LIABILITY SHALL BE
<br /> EXCLUSIVE.IF CUSTOMER WISHES TO INCREASE THE LIMITATION OF LIABILITY,CINTAS AND CUSTOMER
<br /> MAY NEGOTIATE A SUPPLEMENTAL WRITTEN AGREEMENT TO INCREASE THE LIMIT OF CINTAS'S LIABILITY
<br /> BUT NO SUCH AGREED UPON INCREASE TO THE LIMIT OF CINTAS'S LIABILITY SHALL BE INTERPRETED TO
<br /> FIND CINTAS OR ITS SUBCONTRACTORS OR REPRESENTATIVES TO BE INSURERS.
<br /> 14. Central Control Panel.Customer understands,acknowledges,and agrees that Customer shall provide an undamaged
<br /> and fully operational System compliant with law including,without limitation,a central control panel compliant with law(the
<br /> "Panel")useable by Cintas without any cost or expense to Cintas,e.g.,if the Panel is programmed with proprietary data
<br /> and not fully accessible or useable by Cintas,Customer shall promptly have the Panel reprogrammed so that it is fully
<br /> accessible and useable by Cintas or,if necessary,replaced by Customer or replaced by Cintas at an additional charge to
<br /> Customer.
<br /> 15. Communication Path and Signals,Electrical Connections,and Systems.Customer acknowledges and agrees that during
<br /> the term of this Alarm Monitoring Agreement,it is Customer's sole responsibility to provide and maintain the
<br /> communication path(e.g.,telephone lines,radio signal path,VOIP,etc.)for all monitoring signals.In all cases,Customer
<br /> acknowledges and agrees that it has the sole responsibility to provide and maintain all required dedicated electrical
<br /> connections to the System and equipment necessary or as required by applicable local,state,NFPA,insurance,and any
<br /> other applicable standards and codes.Customer further acknowledges and agrees that Cintas has no responsibility to
<br /> notify Customer of any failures in the communication path or signals received,including,but not limited to,failures of the
<br /> System to send any periodic confirmation that the communication path and/or System is operational.
<br /> 16. NO WARRANTIES OR REPRESENTATIONS BY CINTAS REGARDING SYSTEM.CUSTOMER ACKNOWLEDGES
<br /> AND AGREES THAT CINTAS HAS NOT MADE ANY REPRESENTATION OR WARRANTIES(EXPRESS OR IMPLIED)
<br /> TO CUSTOMER OF ANY KIND REGARDING THE SYSTEM AT THE PREMISES IDENTIFIED UNDER THIS ALARM
<br /> MONITORING AGREEMENT,INCLUDING,BUT NOT LIMITED TO,ITS FITNESS FOR ANY PURPOSE,ITS
<br /> MERCHANTABILITY,OR ITS SUITABILITY OR EFFECTIVENESS AS AN ALARM SYSTEM.UNDER THE TERMS OF
<br /> THIS ALARM MONITORING AGREEMENT,NEITHER CINTAS NOR ANY SUBCONTRACTOR IS RESPONSIBLE FOR
<br /> THE MAINTENANCE,SERVICE,REPAIR,OR OPERATION OF THE SYSTEM AND SHALL NOT BE LIABLE FOR ANY
<br /> FAILURE OR MALFUNCTION OF THE SYSTEM TO DETECT AND COMMUNICATE SIGNALS TO THE MONITORING
<br /> FACILITY.
<br /> 17. Suspension of Service.Customer agrees that(i)Cintas's obligations hereunder are waived automatically without notice,
<br /> and(ii)Cintas is released for and from all loss,damage,and expense in the event of a default or breach of this Alarm
<br /> Monitoring Agreement by Customer or if the monitoring facility,transmission medium between the System and the
<br /> monitoring facility,or the System are destroyed,damaged,altered,rendered inoperable,or malfunction for any reason
<br /> whatsoever,for the duration of such interruption of service,and Customer shall be entitled to reimbursement of the
<br /> unearned charge paid for the period of interruption upon Customers request.CUSTOMER AGREES THAT THIS SHALL
<br /> BE THE LIMIT OF CINTAS'S LIABILITY FOR ANY SUCH EVENT.
<br /> 18. Delay or Interruption of Service.Cintas and its Subcontractors shall not be liable for delays in or interruption of Monitoring
<br /> Service caused,in whole or in part,by riots,strikes,lockouts,other labor disputes,civil unrest,terrorism,war(declared or
<br /> undeclared),insurrections,weather,natural phenomena,earthquakes,lightning,storms,power failures,hurricanes,
<br /> tornadoes,interruption of communications(including,but not limited to,telephone,cable,cellular,satellite,internet,radio
<br /> service or the malfunction of any or all such communications or communication devices for any reason whatsoever),acts
<br /> of God,social instability,casualty,governmental orders,laws,rules,regulations,transportation,environmental conditions,
<br /> or any other causes beyond the reasonable control of Cintas or its Subcontractors("Force Majeure'),and all Monitoring
<br /> Services shall be suspended during Force Majeure.Customer acknowledges and agrees that during any interruption of
<br /> Monitoring Services for any reason including,without limitation,Force Majeure,Cintas has no duty or obligation to notify
<br /> Customer of any such interruption or to supply Customer with alternative or substitute Monitoring Services,and has no
<br /> liability for declining or failing to do so.
<br /> 19. Consent to Intercept.Record.Disclose and Use Contents of Communications.Customer,for itself and as the authorized
<br /> agent of its employees,invitees,guests,and representatives(individually and collectively,"Any Person"),consents to
<br /> Cintas and any Subcontractor recording,retrieving,reviewing,copying,disclosing,and/or using the contents of all
<br /> telephone and other forms of transmission or communication to which Customer and/or Any Person and Cintas or any
<br /> Subcontractor are parties.
<br /> 20. Default of Customer.In the event of any default by Customer,without limiting the rights of Cintas under this Alarm
<br /> Monitoring Agreement or at law or equity,Cintas shall be entitled to retain all prepayments received,and Customer shall
<br /> immediately pay to Cintas(i)all payments then due and payable,and(ii)ninety percent(90%)of all payments which would
<br /> be due under this Alarm Monitoring Agreement for the unexpired term as liquidated damages and not as a penalty.In any
<br /> such event,Cintas shall have no further obligation to perform under this Alarm Monitoring Agreement.In addition,if any
<br /> suit or alternative dispute resolution proceeding is instituted and Cintas is the substantially prevailing party by judgment,
<br /> award,finding,or settlement,Customer shall pay directly or reimburse Cintas for all of its costs and expenses,including,
<br /> without limitation or example,consultants'and professionals'fees and costs including,without limitation or example,
<br /> reasonable attorneys'fees and costs.
<br /> 21. Governing Law.To the greatest extent permitted by law,this Alarm Monitoring Agreement shall be governed by the laws
<br /> of the Customer is located,and it explicitly excludes any reference or resort to choice of law rules that suggest or require
<br /> that the laws of another jurisdiction be applied.
<br /> 22. Intentionally Omitted.
<br /> 23. LIMITATION OF ACTION.ANY ACTION BY CUSTOMER AGAINST CINTAS OR ANY SUBCONTRACTOR MUST BE
<br /> COMMENCED WITHIN ONE YEAR OF THE ACCRUAL OF THE CAUSE OF ACTION OR THE ACTION SHALL BE
<br /> BARRED,REGARDLESS OF ANY OTHER STATUTE OF LIMITATION OR REPOSE THAT MAY APPLY TO THE
<br /> CLAIM UNDER STATE OR FEDERAL LAW.
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<br /> City Council 11 — 44 3/3/2026
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