Fire Protection Services Agreement

18 February 2022

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NFPA 25 and 72: The customer/subscriber has reviewed and is familiar with National Fire Protection Association Standards 25 and 72 (NFPA 25 and 72) and understands the requirements and consequences of non-compliance with the requirements contained therein. The customer/subscriber must comply with the requirements of NFPA 25 & 72. The Customer/Subscriber is responsible for maintaining all fire protection equipment and alarm equipment and components in good functional condition, as described in the applicable NFPA standards and any local rules, codes or standards applicable to the jurisdiction in which the system(s) are located. Customer/Subscriber is responsible for applicable NFPA items 25 and 72 that require testing and inspections at intervals greater than the annual testing frequency (this includes testing and inspection of items such as, but not limited to, the sensitivity of smoke detectors, sprinkler heads, three- and five-year inspections, sound pressures, etc.), unless otherwise specified in the Contract. The scope of work under this Agreement shall be limited to the provision of inspection and testing services. FIRE PROTECTION COMPANY is not obliged to move personal property, equipment, walls and ceilings or similar materials that may obstruct access or restrict visibility. Parts of the systems that are latent or hidden are excluded from inspection. WORK OF OTHERS AND EXISTING FIRE PROTECTION SYSTEM: THE FIRE PROTECTION COMPANY does not guarantee the quality of the work performed by others or the functionality and design of the fire protection / safety system / fire protection systems originally installed, which are subject to this agreement. FIRE PROTECTION COMPANY assumes that the existing system is in good condition and has been maintained by the customer/subscriber in accordance with applicable codes and standards. FIRE PROTECTION COMPANY makes no warranties, express or implied, as to the suitability, performance or condition of any fire protection equipment or notification. FIRE PROTECTION COMPANY cannot and does not guarantee that no loss or damage will occur. EXCESSIVE SIGNALS: In the event that the Customer/Subscriber`s account sends excessive signals, THE FIRE PROTECTION COMPANY may, at its sole discretion, interrupt the Services because the Customer/Subscriber has not made the necessary repairs. After 48 hours and without correction of the account by sending excessive signals, the Customer / Subscriber authorizes THE FIRE PROTECTION COMPANY to send a technician at the time in force and at the relevant hardware prices at the expense of the Customer / Subscriber to solve or further identify the problem causing the excessive signals.

In addition, the Client/Subscriber acknowledges that signals that are more than twenty-five signals per day will be subject to a communication fee of $0.05 per signal received. Excessive signal fees will be charged separately and then the services included in the contract. The Tuscaloosa City Council has approved the execution of an updated fire protection contract between the City of Tuscaloosa, Mercedes Benz US International (MBUSI) and the State of Alabama. SCOPE OF FIRE EXTINGUISHER INSPECTION: NFPA 10 is the standard for portable fire extinguishers and inspection services related to the customer`s or subscriber`s fire extinguishers must be provided in accordance with NFPA 10. The Customer/Subscriber is aware of NFPA 10, its requirements and the Responsibility and Obligations of the Customer/Subscriber under NFPA 10. The services provided under this Agreement do not include fire hazard analysis or investigation and an appropriate selection of fire extinguishers in relation to the respective hazard class. Such analysis and investigation may be carried out by separate written agreement. The scope of this inspection is limited to the inspection and maintenance (as defined in NFPA 10, section 3.3.15) of fire extinguishers present at the customer/subscriber`s inspection site. The Customer/Subscriber acknowledges that it is the responsibility of the Customer/Subscriber to ensure that the inspection, maintenance and recharging of the fire extinguishers are carried out. NO WARRANTY OR REPRESENTATION: CUSTOMER/SUBSCRIBER`S EXCLUSIVE REMEDY: THE FIRE PROTECTION COMPANY does not represent or warrant that the MONITORING SYSTEM will prevent loss, damage or injury to persons or property due to burglary, theft, theft, fire or other causes, or that the MONITORING SYSTEM will in any case provide the protection for which it is installed or intended.

RIGHT TO ASSIGN SPECIAL SERVICES: The Customer/Subscriber agrees that FIRE PROTECTION COMPANY has the right and right to outsource all services to be provided by FIRE PROTECTION COMPANY in accordance with the Agreement to affiliated or independent third parties, and that the Customer/Subscriber instructs FIRE PROTECTION COMPANY to act as the Customer/Subscriber`s representative in relation to such third parties. except that FIRE PROTECTION COMPANY does not oblige the Customer/Subscriber to make payments to these third parties. MBUSI will finance the annual personnel costs of 12 new firefighters for the next 20 years. This funding is estimated at more than $1 million per year. “Reaching this agreement is the result of the extraordinary team we have in the city, as well as the support of Governor Kay Ivey,” said Mayor Walt Maddox. “She and Secretary of Commerce Greg Canfield have consistently demonstrated their commitment to our community. In addition, MBUSI President Michael Goebel and his team were simple and solution-oriented from the beginning and understood the city`s requirements. ยป SCOPE: The Customer/Subscriber may enter into a contract in the Contract for one or more of the following services: Monitoring Services and/or Wireless Equipment Rental. The provisions of the Terms and Conditions apply to all services and equipment provided by Wayne Automatic Fire Sprinklers, Inc. (“FIRE PROTECTION COMPANY”) under the Agreement, unless otherwise specified in the Terms and Conditions. This Agreement contains the entire agreement and final expression of the agreement and supersedes all prior agreements, promises or representations between the parties. This Agreement may only be amended in writing and signed by both parties.

In the updated agreement, the state will fund up to $10 million to provide: AGREEMENT DURATION/RENEWALS: The duration of this agreement is one year, unless otherwise stated. This Agreement shall be renewed annually under the same conditions, unless one of the Parties notifies the other Party in writing, by registered letter with acknowledgment of receipt, of its intention not to renew the Agreement at least 30 days before the end of a period. REMOVAL FROM THE SURVEILLANCE SYSTEM: Upon termination of this contract, the FIRE PROTECTION COMPANY is authorized to remotely delete the programming and grant access to the premises of the customer / subscriber in order to remove the equipment or the rented system. If, for any reason caused by the customer/subscriber or the owner of the premises, if such equipment or system is not restored by FIRE PROTECTION COMPANY within 24 hours of such termination, FIRE PROTECTION COMPANY is not obliged to maintain the system and may order the termination of a central monitoring office or other services. and the Customer/Subscriber remains responsible for all payments requested herein. THE FIRE PROTECTION COMPANY must inform the AHJ that the monitoring of the fire alarm has ended. INDEMNIFY: If a third party files a claim or legal action against Alarm Co., FIRE PROTECTION COMPANY or any other natural or legal person authorized to act on behalf of Alarm Co. arising from the alarm or surveillance services or alarm system of the Customer / Subscriber, the Customer/Subscriber agrees to assist Alarm Co.

in defending, indemnifying and withholding. and FIRE PROTECTION COMPANY totally exempt from such actions, including all damages, expenses, costs and attorneys` fees they may incur. This defense and indemnification also applies if such actions are based on negligence on the part of Alarm Co. or FIRE PROTECTION COMPANY, breach of this Agreement, strict liability, failure to comply with applicable laws or regulations, or any other fault, subject to our limited liability set forth above. WATER SUPPLY. The Seller makes no claim and/or assurance regarding the presence of corrosion-inducing substances, i.e. microbiological organisms currently or in the future contained in the water supply. The seller recommends regularly testing the water supply and treating it if necessary. Regular testing and treatment of the water supply and all associated costs are the sole responsibility of the buyer. These tests carried out by the Seller must be the subject of a separate written agreement. FALSE ALARMS: THE FIRE PROTECTION COMPANY is not responsible for false alarms, fines for false alarms, excessive or “heavy” user fees, firefighting, personal or property damage or bodily injury caused by police or fire responses to alarms, whether false alarms or otherwise, or the refusal of the fire department to intervene.

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