Clear Out Agreement

CLEAR OUT AGREEMENT

This Clear Out Agreement (Agreement) is entered into as of Agreement Date: by and between Client Name: (Client) and Contractor Name: (Contractor).

WHEREAS

WHEREAS, Client is the lawful owner or authorized occupant of the premises described below and requires removal, clearing, sorting, cleaning and lawful disposal of personal property, debris, fixtures or other materials from the premises; and

WHEREAS, Contractor represents that it possesses the necessary experience, equipment and licensing to perform clear out services in compliance with applicable environmental, health and safety laws; and

WHEREAS, the Parties desire to set forth the terms and conditions under which Contractor will perform the clear out services and Client will compensate Contractor.

PROPERTY / CONTACT INFORMATION

SCOPE OF WORK

Contractor will provide clear out services as described below. The scope includes removal, sorting, loading, transport and lawful disposal or recycling of materials identified by the Parties and those observed during performance. Contractor will perform work at the Service Address and may use subcontractors at Contractor's discretion provided Contractor remains responsible for performance.

PAYMENT TERMS

Client agrees to pay Contractor the Total Contract Price set forth below in accordance with the schedule and conditions in this section. All amounts are payable in United States dollars unless otherwise agreed in writing.

Late payments shall incur a late fee as provided below if not received within the agreed days following invoice.

TERM AND TERMINATION

This Agreement commences on Start Date: and will continue until End Date: unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for convenience upon written Notice Period (days): days' written notice to the other party. Termination for cause may occur immediately upon written notice for material breach, failure to cure within any agreed cure period, or discovery of hazardous materials not disclosed by Client.

HAZARDOUS MATERIALS & DISPOSAL

Client represents that, to the best of its knowledge, the materials to be cleared do not contain regulated hazardous wastes except as disclosed below. Client shall promptly disclose the presence of asbestos, lead-based paint, biohazardous materials, chemicals, fuels, or other hazardous substances prior to performance. If such materials are discovered and were not disclosed, Contractor may stop work and Client shall be responsible for any additional costs associated with safe removal and lawful disposal.

Contractor shall dispose of waste in accordance with applicable laws and maintain manifests or receipts evidencing lawful disposal. Contractor shall not deposit materials on Client's property except as expressly agreed.

INSURANCE, INDEMNIFICATION, AND RISK

Contractor shall maintain commercial general liability insurance and workers' compensation as required by law. Contractor shall indemnify, defend and hold harmless Client from and against any third-party claims, liabilities, losses or damages arising out of Contractor's performance, negligent acts or omissions, except to the extent caused by Client's gross negligence or willful misconduct. Client shall indemnify Contractor for claims arising from undisclosed hazardous materials or Client's breach of representations.

WARRANTIES AND REPRESENTATIONS

Each party represents and warrants that it has the authority to enter into this Agreement and perform its obligations. Contractor warrants that services will be performed in a good and workmanlike manner consistent with industry standards. Except for the foregoing, all warranties, express or implied, are disclaimed to the fullest extent permitted by law.

CONFIDENTIALITY

Each party shall keep confidential all non-public information disclosed in connection with this Agreement, including pricing, inventories, photographs, and client contact information. Confidential information shall not include information that is publicly available or independently developed. The obligations in this section will survive termination of this Agreement for a period of two (2) years.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

ENTIRE AGREEMENT; AMENDMENT

This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements and understandings. No amendment, modification or waiver shall be effective unless in writing and signed by both Parties.

NOTICES

Notices under this Agreement shall be in writing and sent to the contact information set forth above or to such other address as a party may designate by written notice delivered in accordance with this section.

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