Smart Home Addendum

This Smart Home Addendum (hereinafter the "Addendum") is hereby entered into by and between the parties previously identified as Management and Resident on the date first indicated below. Where the terms of the Lease and this Addendum may conflict, the terms of this Addendum shall control.

Recitals

Management and the Owner of this Community have decided to install smart home features in the Leased Premises to include a smart thermostat, leak detectors, "smart locks," "smart plugs," and a Wi-Fi router (hereinafter "Smart Home Equipment").

The Parties hereto seek to memorialize the obligations owed with respect to the Smart Home Equipment.

Agreement

1. 1. Third Party Installer. It is agreed in this Addendum that Management and Owner may utilize the services of Apartments and Cox Communications for the procurement, installation, and maintenance of technology upgrades in the leased premises needed to provide the Smart Home Equipment. It is agreed that Owner and Management shall have sole decision-making authority as to whom to contract with and that any change in vendor may be done by Management and/or Owner at any time.
2. 2. Consent for Upgrade. Resident hereby agrees and consents to the installation of the Smart Home Equipment upgrades in the leased premises. Resident agrees to cooperate with all reasonable requests for access to the leased premises and agrees to comply with all reasonable instructions related to the installation or maintenance of any Smart Home Equipment features installed in the leased premises. Access is hereby granted to Apartments, Cox Communications, Management, Owner, and Owner's agents and/or designees responsible for the installation of the Smart Home Equipment.
3. 3. Resident Information and Data. Resident consents to Management and Owner providing to the Provider of the Amenity data (including, without limitation, certain personally identifiable data) concerning Resident. Resident also consents to Provider's collection, control, maintenance, storage, processing and transmittal of such Resident information and data for purposes consistent with providing the Amenity to Resident. Resident agrees to and acknowledges that it will be subject to the Privacy Policy of the Provider. Owner shall provide to Resident documentation as to Provider. Resident acknowledges receipt of such, that it has had opportunity to review the Privacy Policy and that it accepts the terms thereof.
4. 4. Bulk Wi-Fi. Management and Owner will be providing, as an amenity at the Community, Wi-Fi services for its residents. To provide this amenity routers must be installed in the units at the Community. Cox Communications will be the responsible entity for inspecting units at the Community and determining what, if any, additional equipment or upgrades to existing equipment will be needed for the installation of the Wi-Fi services contemplated by this Addendum. Resident consents to Cox Communications' entry into the leased premises for the purpose of inspecting existing telecommunications equipment and installing and/or maintaining any router or other necessary telecommunications equipment. For purposes related to the operation, testing, and maintenance of any Resident's Smart Home Equipment, Resident hereby expressly agrees and consents to Management and its authorized agents, connecting to and/or accessing any Wi-Fi router(s) located in any unit. Accordingly, Resident shall provide any unit Wi-Fi passwords and/or Wi-Fi configurations to Management upon request for such purposes. Resident further agrees to implement sufficient safeguards with regard to the protection from disclosure of any confidential, sensitive, personal, or proprietary information related to Resident's electronically stored information ("ESI") accessible through any Wi-Fi and/or the cloud to prevent inadvertent disclosures to any person or entity including, but not limited to, password protecting the ESI. The connections to and/or accessing of a unit's Wi-Fi router(s) shall be for the purposes of operating the smart home system and maximizing a unit resident's enjoyment and utilization of the smart home system's features.

1. 5. Limitation of Liability. Except as provided for or limited by applicable law neither Management nor Owner shall not be liable for any failures of Smart Home Equipment. The parties agree that neither Owner nor Managing shall be liable for any damages (actual, consequential, or otherwise) related to the use, inability to use, failure, suspension, or any other related issues regarding the Smart Home Equipment. It is acknowledged and agreed that neither Management nor Owner represents or warrants that the Smart Home Equipment technology works, will always work, or will work as anticipated. It is further agreed that none of the Smart Home Equipment features are intended to safeguard resident or otherwise provide any assurance of safety. Resident shall solely be responsible for ensuring its safety in the leased premises and shall not rely on any of the Smart Home Equipment top replace ordinary care and diligence. Management's and Owner's sole responsibility shall be to work as a conduit for resolution of any problems with the Smart Home Equipment.
2. 6. Hold Harmless. Neither Management nor Owner shall be responsible for any damages or costs incurred by Resident resulting from the use of the Smart Home Equipment nor shall Management or Owner be responsible for any damages to Resident caused by the provider selected to perform the upgrades contemplated by this Addendum. Resident shall hold Owner and Management harmless for any damages related in any way to Provider or the Amenity.
3. 7. Equipment Damage. Resident is responsible to notify Management or Owner within 30 days of occupying the leased premises of any faulty or damaged Smart Home Equipment. Resident will be responsible for reimbursing the Owner for replacement costs of any damage incurred to the Smart Home Equipment beyond that of normal wear-and-tear during the occupancy of the leased premises.

I have read and agree to the terms outlined in the above Addendum.