KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on Indemnity provision proposed by customer / ISC meetings – schedule your meeting now / Holiday Party 2024 - rsvp if attending
November 8, 2024
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Final days to schedule your free private meeting with KK at ISC East
No "last minute" meetings will be scheduled.
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If you're interested in a private [yes, it's free] meeting at ISC East [we will be meeting just outside the exhibit hall] please contact Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. Concierge Clients will have priority.
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Comment on Comment on Indemnity provision proposed by customer from article on October 30, 2024
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Ken:
I am weighing in on the “Indemnity provision proposed by customer in the October 30, 2024 article.
We too are having more and more ‘management’ requiring us to sign ‘THEIR’ agreement.
I have been so far successful in doing what you recommend – having their agreement attach to our agreement and have a typed clause on our agreement “in the event there is a conflict between the 2-agreements, the Jade Alarm Co. agreement shall prevail”.
This lets the manager, “off the hook” as they get their marching orders upstairs from “corporate” for their “standard” agreement and let’s our insurance carrier (and me) breath much easier!
JUST REMEMBER – we are at the mercy of our insurance carriers. For, without them behind us, how could we withstand the lawsuits that invariably occur – EVEN IF WE DO EVERYTHING CORRECTLY!
(*referring to the Golden Nugget v.s. Jade Alarm where owner refused to respond despite 3-dispatchs and blamed us for the burglary – Judge admonished me in open court about not ‘settling’ and stated I’d be looking at bankruptcy if we didn’t – HUH? Thankfully my insurance carrier stood behind me and jury found for Jade Alarm Co. after this taking SEVERAL-years out of my life).
*For those who read the blog and don’t have Ken’s concierge service SHAME ON YOU!
The times I have required a “quick and dirty” LEGAL ANSWER (I don’t like doing brain surgery at home, as tempting as it is…..doing it in-between coffee breaks) Ken’s responses have been MOST helpful!!!
To further bloviate (A Bill O’Reilly favorite term) – if the monthly concierge charge seems too much, raise your rates a couple of bucks to cover Ken’s unreasonable (not really) monthly bill.
OR, as I observed when doing a quotation for a dental office, the receptionist was calling other dentist offices in Kansas City and checking on their rates compared to what that office was charging.
When she found an office that was charging MORE, then, she remarked, wow that is great, we are going to RAISE OUR RATES!
As opposed to my brethren WHO WANT TO DO IT CHEAPER AND NOT BETTER! (*Wait until you meet up with Jeffry Zwirn in court and I understand you will have a new definition of the term “colonoscopy”!)
That observation (*and 5-cents………..used to be 2-cents, but, with inflation and all…..) is from the Kansas City Chiefs Victory Kingdom peanut gallery.
Your humble scrivener……..
Respectfully,
Joseph Pfefer, Founder & C.E.O.
(Chief Encouragement Officer)
Jade Alarm Co.
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Response
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The K&K Standard Form Agreements offer you the most comprehensive protection available by contract in the security, fire and integration industries. Any deviation diminishes the protective value of the contract.
That doesn’t mean you can’t ever accept changes; you just have to weigh the risks. Some risks are worth taking, but not all. When you are asked to modify your contract or to sign a customer’s [or GC or property manager] contract you should have legal counsel assist you. No matter how simple you think the issue is; if it’s a business item then sure you should make the decision; but legal terms need careful consideration. You should join the K&K Concierge Program; the free half hour monthly contract review and advice benefit is worth $4800 alone, and there are many other benefits.
Indemnity provisions are often misunderstood or underappreciated. Indemnity presents enormous risk. One offering an indemnity is like one offering a guarantee. Think of an idiot with a fountain pen.
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Holiday Party 2024 – this is your invitation - rsvp if attending
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The K&K Holiday Party will be on December 12, 2024 in Old Westbury, NY from 6:30 to 9:30 PM. You’re invited, but you do need to RSVP before December 1, 2024 so we can properly plan. Format is casual dress, cocktails and plenty of pass-around hors d'oeuvres; you won’t leave hungry. Please send your RSVP to Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Amy Laveglia at 516 747 6700 x 313 or ALaveglia@Kirschenbaumesq.com.
Come see old and meet new friends at this social event. Looking forward to seeing you at the party.
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STANDARD FORMS Alarm / Security / Fire and related Agreements
click here: www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
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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
www.KirschenbaumEsq.com
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