46
may respond to an alarm signal or
dispatch. THEREFORE USER AGREES
THAT even if Numera should be found
liable for loss, damage or injury due
to a failure of service or equipment in
any respect, Numera’s liability shall
be limited to ten percent (10%) of the
annual fees paid by User pursuant to
these Terms of Use or $500, which-
ever is greater, as the agreed upon
damages and not as a penalty, as the
exclusive remedy, and that the provi-
sions of this paragraph shall apply if
loss, damage or injury irrespective
of cause or origin, results directly or
indirectly to person or property from
performance or nonperformance of
obligations imposed by these Terms
of Use or from negligence, active or
otherwise, of Numera, its agents or
employees.