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Does your state restrict enforcement of indemnity provision April 10, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Does your state restrict enforcement of indemnity provision
April 10, 2017
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Next webinar is tomorrow: See below for details.
TitleAll You Need To Know About Getting Top Dollar for your  Alarm Business -sale or financing
Register here: https://attendee.gotowebinar.com/register/3874048237745402369
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Does your state restrict enforcement of indemnity provision
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Ken ,  
     RE “…limiting the enforcement or prohibiting the enforcement of some of the protective provisions… when the installation or service involves the improvement of real property.”
    Do those limitations or prohibitions apply in the states of IN, OH, PA, WV, MI, IL, KY, TN, or AL?  Does they pertain to Residential or Commercial or both?
Rob
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Response
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Ken,
    Tennessee and West Virginia both prohibit indemnification provisions in contracts related to improvements on a building, structure, appurtenance etc.  These statutes would apply to both commercial or residential. See Tenn. Code Ann. 62-6-123; W. Va. Code Ann. 55-8-14.
    The other states Rob asks for are fine.  
Samuel Atlas, Esq.
Kirschenbaum & Kirschenbaum PC
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    In some states, NY, TN and WV in particular, though other states too, indemnification provisions will not be enforced to the extent that a party seeks to be indemnified for its own negligence.  Invariably the statutes apply when there is improvement to real property; construction work.  Similar statutes may restrict enforcement of exculpatory or limitation of liability provisions, also when the work involves improvement to real property.
    This is one reason alarm contracts specify that the equipment is not an improvement to real property, but remains personalty [personal property], whether owned by the alarm company or subscriber.  Though some aspects of the security system may arguably appear to be permanent, such as concealed wiring, generally the components are easily removed from the premises without causing damage to the structure.  
    The most important reason to use properly drafted up to date contracts are the protective provisions that you will rely on if sued for a loss sustained by the subscriber or third party claiming a right to have relied on the alarm services.  It's the protective provisions that make your contract "acceptable" to a potential buyer and to a potential insurer to whom you have applied for errors and omission insurance coverage.  The same criteria is applied when examining the alarm company's value for sale or financing.  Better the contract equals more on the multiple for valuation purposes.
    You do have choices.  Get the best and most recognized contract forms at www.alarmcontracts.com or get them somewhere else and wonder if you're really protected.  If you just got back from ISC West then you've made an investment in your business attending the show.  Your next investment should be updated contracts.  Trust me, the contracts you use are more important than all the other issues you face daily in your business.
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WEBINARS:  Sign up for any or all of the webinars that interest you.
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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.
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TitleAll You Need To Know About Getting Top Dollar for your  Alarm Business -sale or financing
When: April 11, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about how to maximize the value of your alarm business and position yourself for sale or financing
Who should attend: Alarm company owners.
Presented by: Rory Russell, Acquisition Funding Services, www.afssmartfunding.com 888 551 0476
Register here: https://attendee.gotowebinar.com/register/3874048237745402369

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TitleAll You Need To Know About Alarm dealer program contracts - getting in and getting out
When: April 18, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about honeypots/trappings of dealer program contracts and how difficult they are to get out of. 
Who should attend: Alarm company owners.
Presented by: James Babbitt, Esq. General Counsel, RMR Capital Group jbabbitt@rmr-capital.com; 952 467 8610
Register herehttps://attendee.gotowebinar.com/register/7359323076355955715
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TitleAll You Need to know about Internet security and why is it relevant for the alarm industry 
When: April 25,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: Discussion of securing Internet devices.  Attacks by Mirai and other botnets and disruption to Internet services around the world made possible because of the millions of poorly secured cameras, DVRs and other installed network devices. 
Who should attend: Alarm company owners, general and technical managers
Presented by: Securifi, a leading router and smart home hub company, soon to be offering its own comprehensive Total Security Solution (Monitored Security + IoT Security + Parental Controls + Malware Blocking) to the alarm industry.  Rohit Somani     rohit.somani@securifi.com    855 969 7328  
Register here:  https://attendee.gotowebinar.com/register/6899604070803705091
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com
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