Fill and Sign the Contract Clean Form

Contract to Clean Out Houses, Garages and Storage Buildings of Unwanted Materials and Waste This Agreement made on the ___________________ (date) between ______________________ (Name of Contractor) , of __________________________ ______________________________________________ (street address, city, state, zip code) , referred to herein as Contractor , and _______________________ (Name of Customer of Building) , of ________________________________________________ ________________________ (street address, city, state, zip code) , referred to herein as Customer . Whereas, Customer is desirous of securing the services of the Contractor to clean out his (e.g., house, garage, storage building, etc.) ______________________ of materials of the type described below; and Whereas, Contractor operates a service by which it will clean out a building of such items and haul it to the appropriate refuse site; and Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS: A. DEAD ANIMALS Animals or portions thereof. B. GARBAGE Any or all discarded animal and vegetable ma tter, as from a kitchen; refuse; trash; f ood wastes; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, gains, or other animal or vegetable matter including, but by no way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract files or rodents. C. HAZARDOUS WASTE Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the State to be "hazardous" as that term is defined by or pursuant to Federal or State law or regulations. D. REFUSE Garbage generated by Customer or his family; 2 . RIGHTS AND OBLIGATIONS Contractor covenants and agrees to collect and haul away the following described materials from Customer’s building located ___________________________ ______________________________________________ (street address, city, state, zip code) , on __________________ (date) : A. Garbage: ____________________________________________ _____________________________________________________ _____________________________________________________ B. Refuse: _______________________________________________ _____________________________________________________ _____________________________________________________ C. Rubbish: _______________________________________________ _____________________________________________________ _____________________________________________________ D. Other: _______________________________________________ _____________________________________________________ _____________________________________________________ 3. EXTRAORDINARY MATERIALS The Contractor, under the terms of this contract, will not collect Dead Animals, Hazardous Wastes, body wastes, abandoned vehicles, vehicle parts, large equipment and parts, or large amounts of Garbage or Refuse. 4. RATES As compensation for this service, Customer shall pay to Contractor the sum $_____________ (dollar amount) on completion of the job. Should Customer advise Contractor to cease its operations before completion, Customer agrees to pay Contractor a $_____________ a mile charge, plus any other work that has been done, but a charge for the work already completed as compared to what is left to complete, 5. DISPOSAL All articles describe in Paragraph waste collected by Contractor shall be disposed of by Contractor at a disposal site permitted by the State of _______________ (name of state) . The disposal charges applicable to the garbage which is the subject matter of this Contract is included within the compensation. 6. CONTRACTOR'S PERSONNEL A. The Contractor shall assign a qualified person or persons to be in charge of its performance of this Contract. B. The Contractor's collection employees shall wear a uniform or shirt bearing the Contractor's name. C. Each employee shall, at all times, carry a valid driver’s license for the type of vehicle he/she is driving. D. The Contractor shall provide operating and safety training for all personnel. 7. FORCE MAJEURE From and after the date of the commencement of this Agreement, Contractor's performance hereunder may be suspended and its obligations hereunder excused in the event and during the period that such performance is prevented by an Act of God or such other cause or causes beyond the reasonable control of Contractor unless such cause or causes is a result of action or non-action by Contractor . 8. PERMITS, LICENSES AND TAXES Contractor shall obtain at its own expense all permits and licenses required by law or ordinance and maintain same in full force and effect. 9. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 10. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 11. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 12 . Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 13. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 14. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 15. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. Notwithstanding the foregoing, Contractor may use subcontractors to perform the work contracted for under this Agreement. 16. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (P rinted Name of Contractor) (P rinted Name of Customer) ________________________ _________________________ (Signature of Contractor) (Signature of Customer)