This Hold Harmless, Waiver, and Indemnity Agreement ("Agreement") is entered into by and between the undersigned property owner or duly authorized representative: the Releasor, and the following parties: Fire Department, Municipality/City/Township, Ryan Preston, and Jaxe LLC (collectively, the "Released Parties").

WHEREAS, the Releasor consents to the installation of Fire Watch, a proprietary communication device owned and manufactured by Jaxe LLC, on real property located at the "Premises";

WHEREAS, the property has sustained prior damage due to fire or other event/disaster and related emergency response activities, and conditions on the Premises may affect the environment in which Fire Watch is installed;

NOW, THEREFORE, for and in consideration of the installation and use of Fire Watch and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:

The Releasor acknowledges that the Premises has been damaged by fire or other event/disaster, fire suppression, and related operations. The Releasor understands and accepts that:

• These conditions may alter airflow, structural stability, or other environmental factors relevant to fire detection and the communication of this device;
• Such alterations may impact the performance, visibility, or effectiveness of any fire detection system, including Fire Watch and its attached smoke detector;
• Fire Watch was installed in a location deemed appropriate by the Fire Department, acting in good faith under the circumstances and without guarantee or warranty as to optimal placement;
• The Releasor acknowledges and accepts that due to the pre-existing conditions and environment of the Premises, the performance, function, or reliability of the Fire Watch and its components cannot be guaranteed, and agrees not to hold the Released Parties liable for any failure or malfunction of the device or any of its features resulting from such conditions.

To the maximum extent allowed by law, the Releasor does hereby release, waive, discharge, and covenant not to sue the Released Parties from and against any and all claims, demands, liabilities, losses, damages, costs, and expenses (including reasonable attorney's fees) arising from or related to:

• The installation, use, function, performance, or non-performance of Fire Watch;
• Any personal injury or property damage occurring during or after the installation;
• Any alleged failure of the attached smoke detector to detect or alert to smoke or fire, or failure of Fire Watch to communicate as intended, due to pre-existing damage to the Premises or other site-specific conditions.

The Releasor agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by any third party, including without limitation any subrogation claims by insurance carriers, arising out of or related to the installation, presence, use, or removal of Fire Watch.

The Releasor acknowledges and agrees that Fire Watch is and shall remain the personal property of Jaxe LLC. The Releasor shall not obtain any ownership, license, or usage rights beyond what is expressly granted herein. A representative of the Fire Department, Municipality/City/Township or Jaxe LLC will coordinate removal of Fire Watch within fourteen (14) days of installation, unless otherwise agreed in writing. Failure to provide reasonable access for removal within this timeframe will result in a replacement charge of $2,000 per unit, payable by the Releasor to Jaxe LLC. "Reasonable access" shall mean access to the Premises at mutually agreeable times during normal business hours, or as otherwise agreed in writing by the parties.

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Indiana, without regard to conflict-of-law principles. Venue for any dispute shall be proper in a court of competent jurisdiction located in Indiana.

The Releasor represents and warrants to the Released Parties that: (a) the Releasor is the property owner of the Premises or a duly authorized representative thereof; and (b) the Releasor has the full legal right, power, and authority to enter into this Agreement, to consent to the installation of Fire Watch, and to grant the releases, waivers, and indemnities set forth herein.

This document constitutes the entire understanding of the parties. If any provision is held to be unenforceable, the remainder shall remain in full force and effect. This Agreement may be executed by the property owner or an authorized agent, and may be signed in counterparts or by electronic means, each of which shall be deemed an original.

IN WITNESS WHEREOF, the Releasor has executed this Agreement on the date indicated below.

This form must be complete, signed, and submitted for Fire Watch to be installed.