Emergency Response Service Agreement

Agreement to Provide Emergency Services to Owner of Condominium Complex Following a Hurricane or Coastal Storm

Agreement made on the (date), between of referred to herein as Owner, and a corporation organized and existing under the laws of the state of with its principal office located at referred to herein as Contractor.

Whereas, Owner is the Owner of a condominium complex (the Property) located at ; and

Whereas, Owner desires to contract for certain emergency restoration and other emergency services in the event that a hurricane or coastal storm that causes flooding or wind damages strikes the Property or in the event of a fire; and

Whereas, Contractor has agreed to provide certain such services to Owner pursuant to the terms of the Agreement;

Now, therefore, for and in consideration of the payment of $ by Owner to Contractor and 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. If a Loss Event (as defined by this Agreement) occurs on to the Property, Contractor will:

A. Arrange for an inspection of the Property by qualified personnel within 24 hours of the termination of a Loss Event;

B. Report to the Owner the nature and extent of any damage as soon as possible, but no later than days of inspection and discuss disaster services options;

C. Provide Disaster Services or Mitigation as soon as reasonably possible;

D. Respond immediately when called for any Loss Event which requires a disaster response team to protect the Property from further collateral damage (e.g., fire, leaks, etc.) .

E. Upon reaching agreement with Owner, work to restore the condominium complex to a functional level as quickly as possible.

F. Operate under the direction of the Property’s Board of Directors.

G. Provide the Property’s Board of Directors with a list of sub-contractors available to the Contractor for building structure repair, window and roof restoration and water extraction.

H. Provide proof of adequate Worker's Compensation insurance, bonding and an appropriate contractor’s license

2. Definitions

A. Disaster Services or Mitigation means any service provided to protect and secure from further damage (collateral damage) after the storm or Loss Event.

B. Loss Event means any hurricane associated damage or major damage to the structure from a storm, tornado or fire;

C. Hurricane means any storm classified by the National Weather Services as a Hurricane.

3. Property Information

A. Owner’s Name:

B. Street Address of Property:

C. City: State:

D. Phone Number of Owner or Manager:

E. Insurance Carrier:

F. Policy Number:

G. Agent’s Name and Phone Number:

4. This Agreement constitutes authorization for Contractor to perform emergency services, but no reconstruction. Any additional work or services beyond the scope of this Agreement must be documented by written agreement between Contractor and Owner. By signing this Agreement, Owner hereby agrees to allow Contractor to perform emergency services on the Property immediately without delay or further authorization. Contractor will perform the emergency service as soon as possible on the Property for year(s) from the date of this Agreement regardless of multiple events.

5. Contractor is not affiliated with any insurance company, insurance adjuster or public adjuster. Contractor cannot negotiate on behalf of the Owner with the insurance company other than the scope of work. Contractor coordinates repairs with the insurance company or the adjuster and once proof of insurance is provided, will work closely with the insurance company, adjuster, and/or mortgage company so that Owner’s needs are completed as quickly as possible.

6. Owner will keep keys to the locks on the Property current or Contractor may be hindered in making complete inspection or complete disaster service response.

7. Owner will provide Contractor with the declaration page from the hazard insurance policy covering the Property.

8. Inspections are guaranteed to occur within hours of the date and time of the Loss Event if no state of emergency or evacuation is ordered or within hours of access determined by the public authority in control (State, County or Municipality) following a mandatory evacuation or declaration of a state of emergency.

9. The inspection service provided by this Agreement will be on an annual basis and Owner will need to renew every year to stay in the program. All documents and keys must be kept up-to-date each year.

10. Inspections for other kinds of property damage and ensuing service calls will be at the specific request of the Owner and not covered under this Agreement.

11. The services provided by this Agreement apply to multiple Loss Events which impact the Property during the contract term. If more than Loss Event occurs, there is no additional charge.

12. Contractor will not be held responsibility for delays resulting from denial of access by the Town, County or other governmental agency.

13. If Contractor fails to inspect Property within the hours of the date and time of a storm’s termination or within hours of when access to Property is authorized by the public authority following a mandatory evacuation or declaration of a state of emergency, Owner will be refunded $ of the amount paid pursuant to this Agreement.

14. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

15. 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.

16. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.