AT&T EverThere User Manual page 25

Mobile personal emergency response system
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TO PAY, AND (B) THE AMOUNT OF OUR
REASONABLE ATTORNEYS' FEES AND ANY
OTHER LOSSES OR COSTS THAT WE MAY
PAY IN CONNECTION WITH THE HARM OR
DAMAGES.
As noted above, You also agree to indemnify
AT&T for any fees or fines imposed upon
AT&T in connection with any false alarms
resulting from Services or Equipment
provided to You.
21. Hold Harmless.
IN THE EVENT ANY LAWSUIT OR OTHER
CLAIM IS FILED BY ANY OTHER PARTY
AGAINST US OR OUR AGENTS, EMPLOYEES,
SUBSIDIARIES, AFFILIATES OR PARENT
COMPANIES ARISING OUT OF THE SERVICES
WE PERFORM OR THE EQUIPMENT WE
PROVIDE UNDER THIS AGREEMENT, YOU
AGREE TO BE SOLELY RESPONSIBLE
FOR, AND TO INDEMNIFY AND HOLD US
COMPLETELY HARMLESS FROM, SUCH
LAWSUIT OR OTHER CLAIM INCLUDING
YOUR PAYMENT OF ALL DAMAGES,
EXPENSES, COSTS AND ATTORNEYS' FEES.
THESE OBLIGATIONS WILL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF
THIS AGREEMENT. THESE OBLIGATIONS
WILL APPLY EVEN IF SUCH LAWSUIT
OR OTHER CLAIM ARISES OUT OF OUR
NEGLIGENCE, FAILURE TO PERFORM DUTIES
UNDER THIS AGREEMENT, STRICT LIABILITY,
FAILURE TO COMPLY WITH ANY APPLICABLE
LAW, OR OTHER FAULT.
22. Time to Seek Action.
YOU AGREE TO INITIATE ANY ACTION YOU
MAY HAVE AGAINST US OR OUR AGENTS,
EMPLOYEES, SUBSIDIARIES, AFFILIATES
OR PARENT COMPANIES WITHIN ONE (1)
YEAR FROM THE DATE OF THE EVENT THAT
CAUSED THE LOSS, DAMAGE OR LIABILITY.
23. No Other Warranties.
AT&T MAKES NO GUARANTEE OR FURTHER
WARRANTY OF ANY KIND WITH RESPECT
TO THE SERVICES WE PERFORM OR THE
EQUIPMENT WE PROVIDE UNDER THIS
AGREEMENT.
24. Assignment.
You may not assign this Agreement without
our written consent.
25. Choice of Law.
This Agreement shall be governed by the
laws of the State of Georgia without regard
to its conflict of law provisions, except to the
extent such law is preempted or inconsistent
with applicable federal law.
26. Entire Agreement.
THIS DOCUMENT CONSTITUTES OUR
ENTIRE AGREEMENT. YOUR ACCEPTANCE
MEANS YOU AGREE WITH ALL TERMS. WE
ARE NOT BOUND BY ANY REPRESENTATION,
PROMISE, CONDITION, INDUCEMENT OR
WARRANTY, EXPRESS OR IMPLIED, THAT
IS NOT INCLUDED IN WRITING IN THIS
AGREEMENT. THE TERMS AND CONDITIONS
OF THIS AGREEMENT APPLY AS PRINTED
WITHOUT ALTERATION OR QUALIFICATION.
THE TERMS AND CONDITIONS OF THIS
AGREEMENT SHALL GOVERN EVEN IF YOU
SUBMITTED A PURCHASE ORDER OR OTHER
DOCUMENT WITH INCONSISTENT OR
ADDITIONAL TERMS AND CONDITIONS. IF
AN ARBITRATOR OR A COURT DETERMINES
THAT ANY PROVISION OF THIS AGREEMENT
IS INVALID OR UNENFORCEABLE, EXCEPT
FOR SECTION 18, SUBPARAGRAPH (6), THAT
PROVISION SHALL BE DEEMED AMENDED
AND ENFORCED TO THE MAXIMUM EXTENT
PERMITTED BY LAW, HOWEVER, EACH
AND EVERY OTHER PROVISION OF THIS
AGREEMENT SHALL CONTINUE TO BE VALID
AND ENFORCEABLE.
25

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