Non LaMarco Customers Service Request

Liquidated Damages. Subscriber acknowledges that it is impractical and extremely difficult to fix actual damages, if nay, which may proximately result from failures on the part of the LAMARCO to perform any of its obligations or responsibilities herein, including, but not limited to its specifications, installation, service, and/or monitoring service, the failure of the System to operate properly, by active or passive negligence, or by failure to perform any of the obligations herein, because of among other things: (a) the uncertain amount or value of subscriber’s property or the property of others kept at the monitored location which may be lost, destroyed, damaged or otherwise affected by occurrences which the System and/or services are designed to detect; (b) the uncertainty of the response time of any individual or entity should any of these parties be dispatched as a result of a signal being received or an audible device sounding; (c) The inability to ascertain what portion, if any, of any loss would be proximately caused by LAMARCO’s failure to perform or by its Systems’ failure to operate; or (d) the uncertain nature of occurrences which might cause injury or death to subscribers or any other person. THEREFORE, Subscribers ACKNOWLEDGES AND AGREES THAT IF ANY LOSS OR LIABILITY IS ALLEGED AGAINST LAMARCO, IRRESPECTIVE OF CAUSE, INCLUDING, BUT NOT LIMITED TO, WHETHER THE LOSS OR LIABILITY IS CAUSE BY LAMARCO’S OWN NEGLIGENCE. SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE ANNUAL MONITORING FEE OR FIVE HUNDRED (500.00) DOLLARS, WHICHEVER IS LESS. The sum shall, be paid and received as either (1) liquidated damages and not as a penalty, or (2) as a limitation of liability approved and agreed upon by the parties. The payment of this amount should be LAMARCO’s sole and exclusive liability. Under no circumstances shall LAMARCO be liable to subscriber for consequential damages of any nature in excess of such amount, including, without limitation, to real or personal property, loss of property revenue, cost of capital, costs of purchased or replaced goods, other economic loss or damages for personal injury or damages however occasioned and whether alleged as caused by the installation, repair, deign, sale, lease or failure of the monitoring equipment or service or the performance or nonperformance of obligations and responsibilities under this agreement or breach of warranty or negligence, active, passive, joint, several or otherwise, strict liability, tort, or otherwise by LAMARCO, its officers, employees, agents, subcontractors, suppliers, or representatives. Subscribers agrees to obtain insurance coverage adequate to protect Subscribe’s interest in light of the limitation of liability stated in this Agreement. If subscriber wishes LAMARCO to increase the amount of the above limitations of liability or liquidated damages. Subscriber, may inquire about obtaining an increase to this amount in exchange for the payment of an additional monthly charge, but such additional monthly charge shall not be construed responsibility to obtain maintain insurance. The foregoing shall survive the termination or expiration of this Agreement. LAMARCO assumes no responsibility for any loss in excess if such amount.